Star. — London, England, 1822-01-15 00:00:00

I S •••- • h .; • pointed for the examination of a taw Pmject, which tends.to the. maintenance of the Jury for trying of fences of .the Ness., It is therefore very natural to thit this P ei' ion shall be referred to the Committee on that Law, in order to its making such use of it as may appear proper. I therefore vote for e. the reference proposed. M. Citauveus.--Gentlemen, I beg to call your attention for a moment to the decisions which you made at the beginning of this Session. You have already rejected, by the order of the day, proposi tions similar to those which are now presented to you; and you rejected them, because, as you said, it was necessary to follow the Charter ; but I would particularly direct your attention, Gentlemen, to the Stting of the Bth of December, when you testified the most marked disinclination to the Censorship. I do not believe that there exist any motives which can induce. you to alter the decisions and resolutions which you then made. Yet your silence on the sub ject of the proceedings of the new Ministry during the tact month is remarkable, considering that this Alinistry propoies to you to reject that which is con secrated dry the Charter, and to substitute in its stead an arbitrary authority. If you receive the Petition favourably, it is plain that you wish to render more, favourable the auspices under which tli.r new Report on the law of the Censorship is to be made to you ; you Wish to consecrate in some degree the measures propOsed by the Petitioner. But the late Keeper of the Seals, whose successor, I hope. may never give us cause to regret his loss-4,4 laugh), told you in a very remarkable speech, that all the faience, all the sonnuites ()vices of flowers) of the nation--(such was his phrase)—all parties were united in wishing that the Jury should be employed in trying offences of the Press. This regulation was sanctioned by an im mense majority on a law which is not yet reported. Yet, by a monstrous concurrence of two contra dictory systems of legislation. it is proposed in one law, the report of which will he made next week, to increase the attribution of offences of the Press to the Jury, and in another, the attribution of offences committed by the Journals to Judges, who doubt less will be the fist to regret such a proposition.— An innovation is thus proposed to you, which was not even indicated in that exposition of motives so short, so succinct, and, it I may so call it, so spruce - (..1 laugle)—with which the present Keeper of the Se is pre.:cded the reading of his Project on the Of fences of the Periodical Press. In that brief state ment, the Keeper of the Seals said, that the new system finally adopted by the new Ministry was so important, that it would occasion necessary changes and modifications in the first law which had been proposed. We never imagined, however, that these modifications were to have the effect of taking from Fiench citizens the protection of a Jury in what re lates to the crimes, or, if you will have it so, to the offences or misdemeanours of the Press. This, then, is a new aaat k on the Constituri,n, and my Hon. Friend (General Foy) has done well in p ,, inting it out, an in nnuing the older of the day on su li a Peti tion. Do not, Gentlemen, by your approbation of thi s peti t io n , give N 4 .eight to principles which )ou have altea:ly combated in the preceding Ministry, and over which you have triumphed—principle; so hostile to the limiter. Why is it expected that you should change so suddenly ? What events, what motives, can so soon al:er the state of the major it' in this Chanihet ? Can .! be the Moniteur oft ester day (containing promotions) that has already begun to change the disposition of the majority murmurs nn theright—cries of " Yes, yes ! that is true" from the left).—Ye , , Gentlemen, the lb:lite/1r of yesterday, which. while giving s: ill more hope, than rewat d•—(Laughter on Me led)-grat ts so marked a premium to the authors of the Conservairor— M. de SALABERV—You would prefer seeing the au hors of the 31iNerra in place. M. de CirsuvELlN.—The Mnni;eur of yesterday ought not, however, to change the , entiments of the Chamber of Deputies. Consider that vigour does not consist in taking po-section of power, in making a conquest of every place, hut in the independence Of the Chamber of Deputies. Learn to distinguish yon elves fi , nn oppressive majorities by a real inde pendence, and you may rely upon being supported by all the hopes of the nation. I have still further observations to make, which are not calculated to fortify yorir confi.lence in the Ministry. It is my duty to tell you how that Censorship is exercised, the re newal of which is already solicited. The Govern- ment at present exercises it in a manner too partial. It is not discussion which it permits. It tolerates in sults, and tolerates them on one side only—(.'lfur virs).—Heaven forbid that I should engage in a con troversy with the Journalists. I respect them all— (A laugh ; a voice, " All! that is a great deal.") — They exercise a difficult employment. They have a hazardous task to perform. In the circumstances in which we live, many would not have the courage to avow themselves daily as the author of a political article —(Laughter!.— Notwithstanding that, there are Journals of a certain sort, which have within these few days given themselves up to violent decla mations ; and since we have the misfortune now to speak on the subject, we may state that the Censor ship is unmasked, and that its partiality on this oc casion has been odious. I have told you that it pro hibize,l discussion, and here is the proof in a Circu lar, addressed by the Commision to all tie Editors of the Journals : .4 The Comniission has found it necessary to request 7,INJ. the Editors of the Jo: rnals not to submit to it any article of discussion on the Law Project relative to the Police of the Journals—." Accident has thus furnished me with a new and powerful argument against the Censorship. Examine all the speeches of its defenders, you will find that they never meant that it should prevent discussion. They pretended, on the contrary, that it was insti tuted to favour discussion—to purity it from what ever might be connected with passion and p art y hatred. It appears, however, that the Censorship now interdicts all discussion on the Law Project re lative to the Police of the Journals. This is the height of tyranny. Can you boast of having is Representa tive Government when such a Circular exists ((ireat agitation.) M. de Puvistartrtx.—That is not the question. M. de CHAUVELIN.-But this is not all. Take no noticehow the Circular concludes: The Commission has found it necessary to rani* all articles presented to it "since the 6th of the present month." The Commission has found it necessary! That im plies that a imperial,' authority bag imposed this obli. on is, Now, here again, I must appeal to the Anguage otthe defenders pf the Censorship. Have they not stated that the MinTsters were not-responsible for the faults of he Censorship ? If so, obey must' have allowed it to act freely ; but you see that the Censors deelare. in -wriring,•that - tber arrboond to refuse all articles which have been presented to them since the sl4h ofthis month. . In order that these last words might have the greater weight in the eyes of those to whom they were addressed, the whole of the passage which I have last quoted is underlined in the Circular. Such, Gentlemen, is the proceeding of the ComMissidn ; but that is not all ; and here I pur posely turn to that part of the assembly (looking to wards the right). A journal published in Paris called /a (bet/divine has, notwithstanding the prohibitionof the Censors,.been permitted to enter into a profound 'discussion on the Law relative to the Periodical Press. Voices in the centre.—The Quotidiemee has been referred to the Tribunals. It has acted in contraven tion of the law. The article was not submitted to the Censorship. M. de CIIAUVELIN.—Then the Censorship has two weights and two measures—(Voices in the centre, No, no !") There is partiality and oppression to- I wards the journals of one party, and favour towards another ; but this is sufficient to prove to you that the conduct of the Ministry is not that which the law has prescribed. I therefore concur in moving the Or der of the Day. M. de CASTEL'S %JAC.—I ascend this Tribune merely for the purpose of replying to one of the insinuations made by the Marquis de Chauvelin—(Murmurs on the left. A voice, Why this word Marquis F") 1 WAS astonished to observe in his speech a charge destitute of that ingenuity which usually distinguishes him. It relates to the official article which appeared in the Moniteur of yesterday, in which he introduced in a very strange manner the authors of the Constr. voleur, representing them as covered with the favours of the Government. I co-operated in the Conserva tern., which always supported public liberty. It seems to me, that the only fact to which the allusion ..vas directed, is the nomination to the English Em bassy of A man of whom France is proud, and whom even foreigners honour ; of a man who has shewn himself great in persecution and in exile, great in ad versity, and always devoted to the interests of his cuntry. It appears to me that in this respect the Tribune ought to be free' from all personal attack. M. BENJAMIN CONSTANT.—In supporting my lion. Friend (M. de Chauvelin), I must notice what has fallen from the last speaker. It is very natural that a man who has assisted in a work that he believes to be useful should defend it, and be proud of it. To that I should have nothing to say, had I not heard another periodical work alluded to. M. de Sacanuarty.—lt was I who spoke of the :Vinerre. M. BENJAMIN CONSTANT.”-That work endeavoured to promote the public welfare, and I shall always be proud of having contributed to it. But when the au thors of the Conservateur defended what they call the princirles of the Monarchy • • • (Voice on the , right, , 4 What! do )ou doubt that ?") At that period, those who believed that the constitutional Monarchy rested on other princieles. did not call for the Cen snrship against the Conseil:M.llr. They endeavoured to reply to it, hut did not seek to suppress it—(Ap plause on the left).—This is what distinguished tire pm inciples of the .11iiwrve from tho-e of he Conserv,- teur —(Murmurs on the right).—These interruptions cannot i,,timidaie me. The authors of the Conserva frur and Minerve profess ofrosite princil les. It may he honourable to have defended the one. but it .will e always glorious and always national to have de. fen.led the other—(Violent murmurs on the right, and applause on the left).—l come now to the Peti tion—t Cries on the right—'• It is time").—Yea, for the subject has been much departe,! from. I agree in opinion with M. de Chauvelin, never at any time has the Censorship been more vexatious or more scan dalous than at the present moment. For three days past the public journals—fortunately, however, those which are discredited—have indulged in declama tions unparalleled by anything which has appeared since 1793. Even this day a Journal—(Voice on the left—" The Drapean Blanc . )—has said, that a little insurrection against certain men, whom he calls re volutionary jugglers, would he the most sacred of duties. A free people ought to be alarmed at such language. It is true, the Journalist adds that he does not wish the death of any person—(Laughter).—But this explanation slims that he felt his previous arti cles to be reprehensible. Ought such a Censorship, then, to exist? One observation more. All our powers, and all powers in France, emanate from the Charter. —Confusion of voices on the right—You reckOn le gitimacy as nothing. You acknowledge no sove reignty but that of the People. M. de Coacsu.Es.—Everything emanates from the Charter. ~t~oa MM. BCNOIST, Jose BEAL-von, and other voices on the right.—lt was the King who gave us the Charter. M. BENJAMIN CONSTANT.—Beyond the Charter, all powers, without exception, are illegitimate—(Vio lent agitation on the right). M. de Concau.Es.—Do not speak of the Charter bef,,re these Gentlemen; it frightens them. M. BENJAMIN CONSTANT.—The King has wished, in conformity with the progress of knowledge, That his power should be limited by the Charter, and those persons are his greatest enemies who assert that his power does not re.st upon the Charter—(Murmurs on the right). Woe to the country if the Government should be entrusted to a party who would wish to establish power on any other right than that of the Charter—(Bravo on the left). - I can predict to that party, that, whatever is national would then be dis quieted (Laughter on the right)—that there would be no safety nor confidence, and that their conduct would at last precipitate the Monarchy into that abyss which they have long been preparing for it. M. de GIRARDIN (rising in his place, and address ing the Members on the right).—Have you powers? The PRESIDENT.—If M. de Girardin wishes to speak, he must rise after M. Benjamin Constant has concluded. MM. LAFITTE, POMPIERES, ETIENNE, &c. called out.—Then make the interrupter; on the other side silent also. M. de LAMETH.—,The President should begin by being impartial himself. LAIITTE.—These Gentlemen fight for office. They do not know how to carry on anyother- "tar. — (Violent eFitation.) M. B. GoarraNT..—Stirely nobody will assert that our powers do not emanate (ions the Garter? • •. Voice ou the right.—You are constantly recurring to your favourite dogma, the sovereignty of the people. PRESIDENT (turning towards therightl.—lt iv im. possible to deliberate with such interruptions. A voice on the left.—Then do your duty. PeastntsT.—There can be no discussion in the midst of such a tumult. It not allowable for a Deputy standing in his place either to oppose or sup port the speaker who is in the*tribune. M. de MARCELLUS.—I wish to speak. M. BENJAMIN COSSTANT.--4 iepeat that, in my opinion, all power emanates from the Charter. Those who will not believe this are at liberty to contradict it ; but they will at least acknowledge that our powers emanate to us from the Charter : when the Charter is violated, nur powers no longer exist ; when the Char ter is violated, we are no longer Legislators. We can no more create laws contrary to the Chaster, than the first hundred of factions individuals who may assemble in the street can establish a Legislative Body. The laws which we may institute in opposition to the Charter, will itl no manner present the character of laws ; we should be exercising an usurped power, and nobody would be obliged to acknowledge us as Le gislators—(Still increasing agitation.)—Thus, then, by seeming to approve petitions contrary to the Char- ter, the basis of all our power, we should be compro mising the interests of France. Being well convinced that the petition which tends to deprive wi iters of the Trial by Jury is a violation of the Charter, and that we cannot violate the Charter without becoming usurpers, I demand that we should pass to the order of the day ; and I would wish that some stronger ' mark of disapprobation should be i esorted to to prove that we cannot suffer the least encroachment to be made on the Charter. M. de MARCELLUS —I ascend this tribune, to pro test, as a Deputy of France. against the doctrines which I think I have heard professed. I declare, then, as a Deputy of France, that there is no authority, save that which emanates from the only supreme and legitimate authority—that of the King ; that the Charter itself exists only by . the King: that conse quently our powers, which emanate, Wit must be so, immediately from the Charter, proceed in reality from the King, for it is the King who has conceded and granted the Charter to us. -Lastly, I must add, that there is in France nothing national except what is monarchical—(Laud acclamations from the right). During this speech, M..Corbiere arrived at the Mi nisters' bench, and took his place near M. de.Villele : the Keeper of the . Seals was not present at the sitting. M. de La METII.—The protestation which you have jest heard is a sufficiently clear manifesto against the Charter—(Noise and muvrrinrs).—lt is a manifesto in savour of the old regime —(Louder murmurs on the ighl).—Support, Gentlemen, if you will, the propo. ion of M. de Marcellus. We demand nothing better, for France knows what she has to hope and to fear from the meeting—(New commotion on the right).— This is recurring to a system of tactics which was last year very frequently employed against the side on svflich I have the honour to sit. Under the name of legitimacy it is wished to establish a totally new them y. It is necessary that we should explain our elves clearly. V.ice on theright.—Bravo! Make your profes sion of faith. M. de LAMETIT.— I intend to do so; I wish to ex plain myself clearly on the subject of legitimacy— (lronical bravos renewed). In the first place, that the •gord may be well understood, it is necessary to con sult its origin. Legitimate is derived from legi anti "rats— that is to say, inherent to the law. Legitimacy is, thvreibre. an emanation from the law itself. Thus a child whose birth is legitimate is one whose filiation is acknowledged by the law. In :he old times, which are so much extolled, the legitinte of a younger child was the portion, the petty portion, which the law granted to the junior offspring of a family. The law has always decided legitimacy. If we go a degree higher—to that touching the succession to the throne ; we shall find that legitimacy has always been consi dered as the right of inheritance from male to male, in the order of primogenitureship, to the exclusion of, females—(Voice to the right, " And in the same dy nasty"). %Veil, this sort of legitimacy we are willing to acknowledge—(lronical plaudit on the right : a voice, " What, eves daring the hundred days?")— But if, instead of this legitimacy, it is wished to es tablish a Divine right, by virtue of which people are to become the property of Kings--(Negative murmurs on the right)—we can no longer recognize it. People reason very justly, when they speak of legitimacy, with respect to the right of inheritance; but when they speak of it with regard to property, they make declarations which are anti-national—(Laughter on the right)..--M. BIGNON—And absurd. M. de LA PA XTH.—The doctrine of Divine right has been proscribed in England. M..de la LOT.—But we are not there. M. de LAMETH.—It has been regarded as high treason against the nation. Whenever a pretended right may be appealed to, which at the present mo ment is more than ever in favour, owing to the suc cess s hich Ecclesiastical Associations enjoy (Renewed murmuring), and owing to the protection held out to the system of a Society formerly banished France on account of its hostility to Kings, we shall always be found opposed to that Divine right, because all powers are for and by the nation—(Laughter and murmuring)—consequently I vote for the order of the day—(Cries of " Close the debate"). M. PARDEseus.—lt is singular to see those who declare themselves the exclusive defenders of the Charter, profess maxims 'which are most calculated for its subversion—(Tumult on left, and cries of older).—indeed, the Charter formally .declares; that before the King gave the Charter, all authority was vested in him—(Tumult on the left). M. de CORCICLLES.—This is something new. M. Pnaunsaus." The Charter itself says—" We have considered, that though absolute authority was in Francellested in the person of the King, our pre decessor have not hesitated to Modify its exercise, according to the differences of succeeding ages." M. de CORCELLES—In whit Article do you find ►hat? M. de Utanaptx—lt is in the speech of the Chan cellor.-1-othes Wiicce--Mc I it isin the preamble_. (Agitation). The Pazetnewe.—l Wait again remit, th at i nter. roptions are not allowable. Even in cases when th e speaker may commit a mistake, it is necessary t o ,wait until the conclusion of his speech to refute • M. PAanassus.—These ezpre.sions are literally from the Preamble of the Charter. I am not one of thiise Who wish to have the Charter without th e words." Louis, by the Grace et Goo." Far fron t - blaming the declaration of M. de Marcellus, I say i t is.conformable to the text of the Charter. The Ki ng alone had the power of giving the Chanel'. Before any Charter * the King existed in the plenitude of ! ; i s power, and he conceded it voluntarily.-(Crie s c p ." Close the debate.") General SIUSAaTI A Nl.—By these cries fertile gm: s . tion, it appears to be wishes to stifle the most seriou s as well as the most important of discussions. I can- , not, however, rise to oppose the closing of the debate, without entering into the subject under considerati. n. I wish to make the Chamber sensible that it is nl yet in a state to decide on the question, and for that purpose it seems sufficient to cad to ?eerdecri..„ the language addresed by Pre , ident de Hat lay to i ietity IIL namely, " Sire, the French Monarchy !e-.s immutable laws, which Kings cannot infringe with out destroying the law which made Kin.:•s"—(B,ar l on the left.)—The question is diflicsiit and d e :;,, t , , but it it necessary to come to an u:ide ,ianding subject so important. The point from which a:. •,syh t to take their departure is the Charter. Since .; ap_ peared, it k strictly tr:e that ail powers r; from it. The protest of M. de Mar - cellos is t...l, , fnie out of place. He wishes to carry us back to Lin.: anterior to the Charter, bat that is a principL latch we cannot recognize. The Charter oas given by King to satisfy the most imperious wants of th• na tion, and henceforth every authority in France pro ceeds from it—(Great agitation.)—With more calm ness it would, perhaps, be see.) that we are not far from a right understanding. There is certainly iiitic4 need for coming to an understanding on ais ring, Lion, for the nation begins to be aware—(Nliirmt::l and interruption)—yes, for some days the I. harter has been completely abandoned. It is vio'ateJ Ly every imaginable subterfuge—( A ppraiise on the le: t.) The Chamber rejected, by a slight majority, order of the day, and referred the petition of the S.c:.r Spy to the Con.mittee on the Pie s. M. COUPtCXY [Len reported a Petition from Judges of Tribunals of First Instance, praying kir ‘:t increase of Salary, which he proposed to refer to :.e Keeper of the Seals. M. ETirxNE observed, that there existed a ,endencv to render the Judges necessitous, in order that the - hope of promotion might have the more effect up(:a them. Power has need of the Judges, and that the Judges should have need of it.—The petilica was referred as proposed. The Finance. Minister ascended the Tribune, and Tea I A law project containing modifications of the Budge:. LOUIS, &C. " Article I.—A credit in rentes is oi.ened for the Minit!er f Finance in the Five per Cent. Consols, of the stain of 3,4:3,9L3 francs, with interest from the 22d of March, 1822. " The said inscription of mites representing, ST francs 74:. three-fifths, the medium rate Gf the 5 IN r the six last months of the year 1821, capital in sp:c e t Fists millions, is specially appropriated to the reimhurstrne: t in s tc:e of the two fifths of the notts of liquidation, calcu..t.d an equal sum of sixty millions. " 2. In substitution fur Article first of the project o. r. e of ()ember—by means of the credit in inscriptions ups. •.., y :!ie preceding Articie, the expenses of the consolidated debt and of !he sinking fund are fixed for the year 1822 at the sum of 228,b7-:0...9 francs, conformable to the annexed account A. " 3. In substitution for Article 2 of the said Project, Credi3 are opened to the amount of 672,850,714 1. for the expotiet cf the service for 1822, conformable to the account B. and appli cable as follows : " For the general expenses - - Fr. 534,000,354 " For the administration of exportation, &c. (as in the Law Project) - - . - 13232,880 " For repayments - and restitutions to be made, &c. (as in the Law Project) 6,31 ,COO Total - - Fr. 672,610,714 " 4. In substitution for Article 14 of the Law Project of tle 31st of October, the receipts are fixed for the service of 1422 the total sum of 902,000,033 francs, conformable to the annexed account E." A long debate arose on the questions whether this Project should be referred to a Special Committee, or to that already appointed for the Budget ? The Chamber decided, by a large majority, for the latter proposition, and then adjourned to Monday, when another Report from the Committee of Petitions, ar.d the Report on the Law Project relative to the offence of the Press, will be brought up. PRIVATE LETTER. ge PARIS, JANUARY 12. -Six O'CLOCK Peat. " The career of the French Censors may be con sidered as terminated for the present. The coup de grace has been given by the Ministers themselves.— On the Bth instant, the Censors struck out an article of M. Fievee on the Law of the Press, written for the Quotid.:enae, of which he is a proprietor. The article merely protested against the intended confiscation of property, and suggested a kind of middle course be tween the hardship of the present system and the ter rors of the new law ; the principal point in it being a recommendation to substitute in the new Project for regulating the Journals, a temporary subjection of the paper which shall be declared guilty by the Cour Royal, to the jurisdiction of the Censorship, for a longer or shorter period, instead of its suspension or total suppression. The sovereign Board having pre viously resolved that they would receive no article against the new Project of Law, rejected that of 11. Fievee, without being able to assign any reason for their conduct; thus departing from their prescrilAeJ functions, which were to suppress lii.els, or to extin guish matter of inflammation, but not to prevent tem perate discussion. The latter Gentleman, calculating as much on the weakness of the Ministry and the ex pit ing power of his adversaries, as relying on the mo deration of his rejected remarks, ordered his printer to insert his essay in spite of the censorial injunction to the contrary. The Board, enraged at this mark of disrespect, denounced M. Fievee to the Public Pro. secutor as guilty of a flagrant breach of the Law of the Press. But, in an unlucky moment, in order to repair the false step which they had taken, they took another still more foolish and inexcusable. On the following day they wrote to all the Offices of the daily papers the following circular : MINISTRY OF TITS INTERIOR. Commission of Censure, Jan. 9, I RIM The Commission bask the honour of requesting Messrs. LM Editors of Journals, not to sad It any article of ilimesios on