Star. — London, England, 1821-12-08 00:00:00

FRENCH PAPERS. CHAMBER OF DEPUTIES. SITTING OP DECEMBERS. M. (le SERRES, the Keeper of the Seals, mounted the tribune to make a Royal communication. The King, said the Minister, has commanded us to offer you two Projects of Law. The first contains addi tional dispositions to the laws for the suppression and prosecution of offences committed by the Press, or any other way of publication. When the laws of the 17th and 26th of May, 1819, were carried, it was foreseen that experience alone, that touchstone of laws, would point out of what mialification that sys tem was susceptible, which was intended to regulate a matter so new and delicate. In truth, three years have scarcely elapsed since their promulgation; but in the course of that short time, a sufficient number of judicial and political facts have presented them selves, to enable us to appreciate their results, and the utility of new provisions. These new provisions will divide them elves, like the laws to which they relate, into penal enactments, and such as regulate the mode of prosecution. Before entering upon the developement of these provisions, the Minister sub mitted to the Chamber some general reflections.— The Charter, he said, in recognizing in Frenchmen the right of forming their own opinions, announces the laws destined to repress the - abuse of this liberty. If it is easy to enumerate, if it is possible to define, the interests which suffer from these abuses, it is im possible to enumerate or define precisely the abuses themselves. Their forms are as numerous and as varied as the expression of thought. Such abuses are felt; they cannot be defined. Now, if it is of the essence of a good penal law to define exactly the acts which it criminates, it is evident that in a matter like the abuses of the Press, which evades all exact defi nition, a good jaw is strictly impossible: and this difficulty, be pi based to remark, is not the difficulty of the law alone; it is the difficulty of repression. In this state of embarrassment, no other basis of repres sion has been found—no other means of defending society—than to impose on abuses of publication denominations extensive enough to embrace alit thus when the English law declares every libel punishable, it remains to determine what is and is not a libel— that is a law still remaining to be made. It has been Made in the public mind by the jurisprudence of more than a century, the only means of producing such a law. Even y Nation which claims the liberty of the Press will encounter similar difficulties. The laws which must circumscribe this liberty, imperfect in their nature, will be more so in proportion that they are new, and consequently less understood. The legislator is here constrained to acknowledge the limits of his power, and that he cannot anticipate the work of time. Particular circumstances • aggravate in France these inevitable inconveniences. For thirty years we have renounced that generality and ancient simplicity of renal laws which onr neighbours have preserved. We have sought to define every case with mathematical rigiutr. The judicial spirit has been formed with this strictness, and it would be difficult to bring it back to contrary habit , . Such habits, however, are those which alone can give reality and force to a legislation necessarily vague in its object. These reflections explain in a certain degree the im pel fections of the law of 1819 ; they paint out how far that law can be remedied, mid they shv.v to what extent we can carry the efficacy of repression. Here the Minister characterized the law of 1819, as it de fined the different kinds of offences, and contended that it had properly left undefined some abuses, the repression of which required greater promptitude.— The Minister then proceeded to discuss the mode of proceeding against offences of the Press, and stated the argument in favour of referring them to a Jury. A Jury was to be admitted in every case that involved freedom of opinion ; but terms of reproach, or abusive expressions, he contended, properly belonged to the Correctional Police. The Keeper of the Seals, after stating the modifications of the law of 1819, intended by the present Project, proceeded to the consideration of the liberty of the Journals. He contended that the liberty of printing and publishing our opinions no more implied the right of establishing a Journal, titan the liberty of speech implied the right of erect ing a Tribunal in the public streets; and it was re markable that this latter right existed in England along with the liberty of the Journals. He distin guished the Journals from other works published by the Press, and argued that a more prompt repression Should be applied to them. The periodical Press, he said, was eminently democratic; because it ia as emi nently calculated to excite the multitude, and to give it an influence on the affairs of the State. Free Jour nals were thus good or bad, according to times and places; they suited certain Governments and certain circumstances, but not other Governments and other circumstances. A great part of the Minister's speech was an elaborate defence of the provision imposing restraints on the periodical Press. The following is a copy of the First Law Project: Louis, &c.—We have ordered, and do order, that the Law Project, the tenour of which follows, shall be presented to the Chamber of Deputies by our Keeper of the Seals, Minister Se cretary of State ter the Department of Justice, and by the Sieurs Baron Cuvier and Jacquinot Pampelune, Councillors of State, whom we charge with the 'exposition of its grounds, and the supporting it us the discusaion." TITLE 1.-01 P REPRESSION. Art. i. Whoever, by any one of the means pointed out I. Ar ticle 1, of the Law of the 17th of May, 1819, shall have out raged or turned into derision the Religion of the State, shall be punished by an imprisonment of from three mouths to five years, and a fine of from 300 to 6000 francs. The same penalties shall be pronounced against whoever shall have outraged or turned into derision any other Religion, the establishment of which is legally recognized in France. 2. Every attack, by any one of the same means, on the Royal dignity, the rights or authority of the King, the inviolability of his person, the order of the soccession to the Throne, the rights or authority of the Chambers, shall be punished by an impri sonment of (runs three months to five years, and a fine of from SOO to 6000 francs. 3. The attack, by any of these means, of the rights guaran teed by Articles G and 9 of the Constitutional Charter, shall be punished by an imprisonment of from one month to three years, and a fine of from 100 to 4000 francs. 4. Whoever, by any of the said means, shall have excited to hatred or contempt of the Government of the King, shall be pu nished by an imprisonment of from one month to four years, and a linc of from 150 to 5000 francs. 5. Defamation or abuse, by any of the said means, directed against the Courts, Tribunals, Constituted Eodies, Authorities, or Public Administrations, shall be punished by an imprison ment of from fifteen days to two years, and a fine of from 100 to 4000 francs. 6. testa publicly given, in any manner whatever, on account o! their functions or their quality, either to one or several Mem bers of either of the two Chambers, onto a Public Functionary, Or finally to a Minister of the Religion of the State, or of one of the Religions the establishment of which is legally recognized In , France, shall be 'punished by an imprisonment of front fifteen days to two years, and a fine of from 100 to 4000 francs. The dine offence committed against a Juror on account of his functloos, or a vritneu on account of his deposition, slue be pu nished by an imprisonment of from ten days to one year, and a line of from SO to 2000 francs. Insult given to a Minister of the Religion of the State, or of one of the Religions legally recognized in France, in the elercise of hia functions, shall be punished by the penalties enacted by Article Ist of the present law. If the outrages in the different cases contemplated by the pre sent Article have been accompanied by abuse or violence towards the persons, the culprit shall be punished conformably to Articles 228, 299, 231, 232, and 233, of the Penal Code. 7. Infidelity and bad faith in the accounts which the journals and periodical writings give of the Sittings of the Chambers, and the proceedings of Courts and Tribunals, shall be punisher) by a fine of from 1000 to 6000 francs. In case of repetition, or where the account given shall be of fensive to either of the Chambers, or to one of the Peers or De puties, es injurious to the Court, Tribunal, or Magistrate, or to jurors or witnesses, the editor of the journal shall be farther condemned to an imprisonment of from one to three years. In the same cases, the proprietors and editors of the journal, or periodical writing, which has been condemned, may be pro hibited from giving in future any account of legislative or judi- vial discussions. s. Shall be punished by imprisonment from fifteen days to two years, and a fine of from 100 to 400 francs : 1. All seditious cries publicly uttered. 2. The removal or degradation of the public sigma of Royal Authority, committed in hatred or contempt of that authority. 3. The wearing of external rallying signs, not authorised by the King, or by police regulations. 4. The exposition in public places or assemblages, the distri bution or sale, of any sign or symbol destined to propagate the spirit of rebellion, or to trouble the public peace. 9. Whoever, by any ose of the means pointed out in Article Ist of the Law of the 17th of May,lBl9, shall have endeavoured to trouble the public peace, by exciting the contempt or hatred of citizens against one or several classes of persons, shall be pa. nished by the penalties enacted in the preceding Article. 10. Every publication, sale, or offering to sale, exposition, or distribution, without the previous authority of the Government, of engraved or lithographed drawings, shall, for that offence alone, be punished by imprisonment from three days lo six months, and a fine of from 10 to 500 francs, without prejudice to the criminal prosecutions to which the su bject of the design may give occasion. 11. Article 10 of the Law of the 9th of June is commorrto all the provisions of the present title, in so far as they apply to the Proprietors or Editors of a journ al or periodical writing. TITLE 11.--OF PROSECUTION. 14. In the case of offence towards the Chambers, or either of them, by one of the means pointed out in the Law of the 17th of May, 1819, the offended Chamber may, on the mere com plaint of one of its Members, if it do not prefer to authorize a prosecution by the ordinary course, order the accused to be brought to the bar. After he shall have been heard, of duly summoned, it will condemn him, if there be cause, to the penal. ties enacted by the laws. The sentence shall be executed on the order of the President of the Chamber. 13. The Chambers will themselves, conformably to the pre ceding Article, apply the provisions of Article sight relative to the account given by the Journals of their Sittings. The provisions of the same Article 8, relative to the account given of the proceedings of the Courts and Tribunals, shall be directly applied by the Court and Tribunal in which the pro ceedings shall have taken place. 14. Shall be prosecuted before the Correctional and Official Police : 1. Abuse in the cases contemplated by Art. S of the present law, and by Article 19 of the law of the 19th of May, 1819. 2. The offences provided against by Articles 6,8, and 10, of the present law. 3. Public instigation to crimes not effected, or to offences by the sale, distribution, offering to sale, or exposition in public places or assembiages, of diawings, engravings, paintings, or emblems. The other offesces provided against by the present law shall be tried conformably to Art. 13 of the law of the 26th May, 1819. (Signed) LOUIS. Tuileries, Nov. 7. (Countersigned) 11. DE SERIIE. SECOND . LAW PROJECT. Louis ' &c.—Article . The laws of the 31 st of March. 1520, and '26th of July, 182 t, relative to the publication of the Jour nal; and periodical writing:, shall continue'in force until the cad of the Session 1826. (Signed) Tuilcrits, November 7. 1.01;IS. After the Project was regularly entered, M. DELA LoT, amidst loud cite; of Order," and constant hue% uptions fr .m the centre (the adherents of Ministers), argued that a censorship, by stifling he voice of truth, us ould enable the enemies of the Deputies to calumnidie them before the nation, a: they had already before the Throne. Arc public discussions to be checked, and the Chamber to be deprived of the right of manifesting its resentment. and of taking lawful vengeance on its calumniators? This Tribune is the only place where a free opinion can be expressed, and the Chamber owes it to itself' to vindicate its unalterable regal d. its inviolable re spect for the best of Kings. The Chamber will not remain quiet under the horrible calumny which has endeavoured to burst asunder the bonds of mutual confidence between the Throne and the Representa tives of the People. It throws back this calumny to its source—those headstrong Ministers who have dared to pet vert the most innocent language and the purest intentions, and build upon them the most un natural and revolting suppositions. It was thus that Louis XI. was once prejudiced by evil Counsellors against the conscientious advice given by the leading Magistrates of the kingdom ; but that Monarch soon came to himself, and thanked them for their honest. sentiments. " Continue (said he) to speak to me the language of conscience : I recognize you fur good and faithful subjects, and le assured that I will al ways be your good King r and we, also, let us confide in the superior understanding of the most enlightened Prince in Europe : let us rely on his greatness of soul, which will soon break through the clouds of odious prejudice, and of dark intrigue, which have been spread before him to our injury.— What ! can it be for a moment believed that an as sembly of enlightened men, of men sincerely devoted to their King, could have listened with calmness, and adopted with mature deliberation, an Address which they thought contained a shocking insult to their So vereign? Is it possible that men whose whole lives have been a sacrifice of devotion and fidelity to their King, could intend to wound his paternal heart in its most sensible part? And who are our accusers ? The public enemies of legitimacy and the Charter— the declared partisans of arbitrary power, who can not endure any majority, any opposition on whatever side it may exist: men who at other times have dared' sacrilegiously, in the face of Europe, to accuse the House of Bourbon of being the sole cause of the misery of France—( Here hefixed his eyes on the Mi nisterial Bench, where sat Messrs. De Serve, Roy, and Portal).—" And is it on the word of Ministers like these that any man will condemn, 1 will not say the flower of France and the models of national ho. , nour, but even the lowest and meanest of mankind? No, no : the cruel error cannot long deceive the mind of a King confident in the love of his people, and who will find in his own, better than in the interpretation of any Counsellors, he true meaning of our language. He will cast back upon his Ministers the malignant construction which they have put upon our words.— He well understands the principles of that Reptcsen. tative Government which he has given us : he well knows that our reproaches against his administration are aimed only at the depositaries of his power, while the Royal Majesty, sacred and inviolable, still and ever remains the first, the dearest object of our homage. What is the language which these malignant Ministers have held to the Sovereign? They tell him, that those who oppose his good Ministers are violent and selfish men, who have no other object in view than to turn out the present occupants of power, and to have all their own way. That the Opposition, forsooth, is not only factious, but consists of Ultra-Liberals; nay,l what is still more•terrible, of Ultra-Royalists! Ultra- 1 Royalists! At this name, Gentlemen, my heart swells with indignation, because Lknow that every man who invents or employs injurious designations to class par ticular parties, is a miiister of discord, is a man who ranges and marks out victims for proscription. — Ultra-Royalists ! Gentlemen, when Bonaparte go verned this empire, celebrated men of every kind served him with zeal, with courage, with devotion. Would any of his Ministers, would any agent of Police, any dabbler in intrigue, have dared to tarnish before him the zeal of his servants, by calling them Ultra- Bonapartists? And is it under the reign of Louis XVIII. that an agent of the Imperial Police, a public detractor of the Bourbons, dares, in the Council of the King, to stigmatize, as exaggerated, the zeal and devotion which we bear to his cause ? ( Loud and continued applause I.—But the calum nies, and the plots of the Ministers are rendered null. Their attempts to procure majorities have failed ; and so will their present attempt to sow the seeds of hatred between the King and his faithful Deputies. All their attempts to, stifle the truth will fail ; the King and the nation will soon understand their disgraceful manceuvres ; and justice will yet overtake them. M. de Sean, denied that the Ministers had any intentions so odious as were imputed to them by the last speaker. He denied that they entertained any hatred against the Royalists ; and exclaimed, " If this feeling is attributed to the Ministers individually, every one of them can answer triumphantly with me, that if loyalty is to be measured by devotion, by sa crifices--" (Here long bursts of laughter from the ' right and left side of the Chamber interrupted the speaker, and a voice called out distinctly, " Yes, your majoral of 400.000 francs is one of your sacrifices:" and another voice exclaimed, " There are no sacri fices in your case except those which the State has made for your benefit!")—After a considerable pause M. de Serre concluded by saying, that as the last speaker had produced no proofs of his allegations, he (M. de Serre) had nothing further to say—(Repeated bursts of laughter). M. DONNADIRO then made several ineffectual at tempts to speak ; and, after some angry altercation between. the Chamber and the President, who was accused of partiality by M. de la Boordonnaye, an adjournment took place till Thursday. THE EVENIA6 STAR. LONDON SATURDAY, DECEMBER 8, 1821. THE FUNDS. STOCK EXCHANGE, ONE O'CLOCK. The Market is very heavy this morning, little or no business doing. The information received this morning has had the tendency of depressing the Market.—Current prices: $ per Cent. Reduced 76 1 / 2 5 / 8 1 4 3 per Cent. Cons. shitt-4 per Cent. 96 1 / 8 5 per Ct. Navy Anns. shut—lndia Bonds 655. pr. Exchequer Bills £lOOO, par, Is. pr. Is. dis. Ditto (Small) par, 2s. pre. Consols for Acct. 7714 Yip Four days' French Papers, up to Thursday last, have been received in the course of last night and this morning. Some interesting extracts, from those of the three first days, will be found in another part of our Journal. The Chamber of Deputies did not meet until Monday, when there was a very animated discussion. The question before the Chamber was a proposal, by the Ministers, of a new law on the Press, including the establishment of a Censorship for five years: but the debate turned principally upon the KINU'S Answer to the Chamber; which was strongly condemned, by both the Ultras and the Liberals, who, on this occasion, as in voting the Address, coalesced. The principal speaker who attacked the Ministers was M. DELA LOT, an Ultra. His speech will be read with peculiar interest. He unmasked the desperate schemes .of Ministers, and defied them to carry them into execution ; he charged them with a design, since they had log their influence in the Chamber, of wish ing to set aside the laws by a Royal Proclamation—to annihilate the Charter, and act on the principles of pure despotism. The KEEPER of the SEALS, who made rather a pitiable figure on the occasion, talked of his loyalty and his sacrifices, as the Brno did in his Address, of his exile and persecutions. He complained of the melancholy duty which devolved on him of answer ing the Members of the Chamber amidst the insults and menaces of such a tumultuous assembly. A number of voices exclaimed—" Ah I then you are convinced of that now; it is time." And M. BENJAMIN CONSTANT told M. DE BERRI / that the Chamber had been insulted by himself General DOXADIZU, and several other Members, attempted to speak, but were interrupted by the Paz- SIDENT, who was accused of partiality. The Cham ber was quite tumultuous; and the Mirfisters failing to carry their measure, the Chamber postponed its future meeting until Thursday. It is scarcely possible to conceive that the French Ministers can persevere in attempting to carry on the business of the State, when they have so decidedly lost the confidence of all parties in the Chamber of Deputies. The Moniteur aud the Journal des Danes are a. issue on the subjcct of the late Add r e ss to the Kik Theilfonlieur,with more metaphysic a l pretension duo success, tries to shew that the majority waq, i n e ff ect, no majority, because the component parts of i t were so utterly incongruous, and their principles on mcs: questions so opposed ; while the Journal der Des is content with repeating, that it %vas a go o d ani efficient majority—road the subject matter on i t hi it actually voted. PARIS, DECEMBER 4. At one o'clock his Majesty received t h e corps Diplomatique, who were annOunced with t h e ac. customed ceremonies. During the morning the King was oc cop i ed ilex in his cabinet, and in the afternoon his Majesty o n , acted business with the President of the Cou nc il Ministers. It is reported that Captain Delamotte, who nye evidence on the trial of Maziatr, and w h o exam when they were conducting hint back to prison, w as arrested at Lille on the 30th of November. It is said that Russia persists in demanding tv guarantees against the excesses of the Turks ; t,t, military occupation of Wallachia and Nlold a yi, I„ a corps of Russian and Austrian troops ; and th at c f . the Morea, by another corps of English and Au.ttixiti, Several divisions of the Russian Army hav e re. ceived new great coats, a circumstance which give s rise to a report of a winter campaign. Yesterday an extraordinary Courier arrived s, Paris, bringing Madrid Journals to the C7th Nov e: , bee. There was great fermentation in that City s he left: it was caused by a Message add•essed hy t i King to the Cortes, in which his Majesty e n en ..i,„ ll that the people of Cadiz would not receive Ger 2 i Baron Andilla, whom he had sent, in quality ()lc * vernor, to that City, nor the Political Chief, Esca, lately appointed to succeed Don Manuel Jautegr . In his Message the King demanded estraor,:ixe r , measures from the Cortes to make his authority z . 4 the acts of the Government b:.• respected. The Cal k in the Sitting of the 2Gth, nominated a Commi ss a b report on the Message of his Maje:ty, with thel ex delay possible.—Gozette de Fraltee. The Spanish Government chews great firmness ; and as the great body of the inhabitants of Cadiz do not accord with the threats of a small numot of r& volutionists, wilco have caused all the distil-tea l e d which that City has been afflicted, it is li l a eat strong measures will be adopted to restore order.—/k FRENCH FUNDS, DEc.4..—Five per Cents.BSf.7oe, GERMANY. FRANKFORT, NOVEMBER 29. EXTRACT OF A PRIVATE LETTER. a The Greek Government, lately estah!ishol at Suli, has published a Proclamation to the Epirotes, which is signed by the Prince Mavrocordato, Prsii dent.—The old Ali Paella is still in his citadel of Joanina. We are assured that he is di:ati,fied ski the measures taken in respect to the Government nt Suli.—A corps of 8000 of the Asiatic troopsluve arrived in Epirus to reinforce the Ottoohul Amyl that Province." SPAIN. MADRID, NOVEMBER 27. 311 AN EXTRAORDINARY CONVEYANCE. The Journals contain new Addresses againtat Ministry. That of the City of Valencia is veryn• markable. The Political Chief of Cadiz, in orders calm the inhabitants of that City, has made host, by a Proclamation of the 15th November, thattlir representation to - the King remained still witke an answer. Malaga, Xeres, and Corogna, have made ap entations, and joined the Confederation of Cab. A conspiracy has been discovered at Malip Governor put himself at the head of a detachnsa surprise the conspirators in a house nut of the a! They refused to open the door, and fired MO the windows. The horse of the Governors' wounded as well as some of the soldiers. Ilea spirators then made a sortie ; four of them fell instant, pierced with wounds ; six others, of via two were wounded, were made prisoners; but Chief, an ex-military Officer, seized the GoversaS his arms, and would have suffocated him in their* if he had not been relieved by prompt assistance. The Officer was spared by order of the Gow and conducted to prison. Madrid Journals to the 23d ult. have arrived , following are extracts : _ MADRID, NOVEMBER 21. Our Papers contain, at great length, the dooms" received from Vera Cruz, respecting the state of* Spain, and the Convention concluded by God O'Donoju with Iturbide. The principal discussion in the Cortes has bal k military division of the Spanish territory into t 1 districts. BARCELONA, NOVEMBER IS. . The fever is now at length sensibly diminiiigg violence, and there is every reason to hope dot/ will soon be completely subdued. The new cogs ° far less numerous, and the deaths but few. CADIZ, NOVEMBER 15. Yellow Fever.—Port St. Mary, Nov. 4, Sr sP l6 ` .. New cases, 76 ; cured, 51 ; died, 31; retasl,lo Xeres.—New cases, 24 ; cured, 21; died, 17; le main, 63. The Journal called Redactor-General, publislo° two Supplements, news from South America's the treaty between O'Donoju and Iturbide, oo . basis of the independence of the Mexican Emil e ' the bead el which Fel-dim/id yll. is to be FUCA"' hi cal i n or A to W lowin Ac bat p e rm inter Russ u n fot clew - % - V TeSer per ( Mori cont. Duk , to 11 II oJt 888 The CiOU! the 1 we al know, sod n on t Iforr Ulu Pet d 431 1.1. tn~ Sp PI ti