The Sun. — London, England, 1824-07-10 00:00:00

INDIA HOUSE. LIBERTY OF THE PRESS IN INDIA. Spocial General Court of the Proprietors of East India Stock was held yesterday, convened in pursuance of the following requisition " To the Honourable the Chairman of the Court of Directors of the East India Company, " London. " We, the undersigned Proprietors of East India Stock , duly 'qualified , request a General Court of Proprietors may be sum. Twined, for the purpose of taking into consideration the state of the Public Press in India, the Regulations that are now in force respecting it at the several Presidencies in India, and also the proceedings which have attended the suppression of The Calcutta Journal, and the banishment of Mr. Buckingham and Mr. Arnot, two of its Editors. " P. LAURIE. " JOS. HUME. " WM. THORNTON. "D. KINNA IRD. " J. ADDINELL. " C. FORBES. ." EDW. HOWORTH "H. REID. " H. HOWORTH. • ' THE DECCAN BOOTY. The Minutes of the last Meeting having been read, Mr. Dixow rose for the purpose of putting a short question to the Honourable Chairman ; it was this—Whether any time had been fixed for the distribution of the Deccan Booty ? The Chairman, NV.SI. AST et., Eeri e said, he was sorry not to be able to answer the question of the Honourable Proprie tor ; but that was a subject not within the controul of the-Di. rectors. Commissioners had been appointed by the Lords of the Trenstiry, consisting of the Duke of Wellington and Mr. Arbuthnot, and the matter was entirely at their disposal. Mr. Dixox Reid, he had read in some old book, written by a man of the name of Dean Swift, in which it was stated, that in certain Courts (whether European or not, he could not tell), there were public functionaries, called flappers, whose office it was to remind the Court of its duties. Ile hoped that what occurred to-day would serve to arouse the Commtssioneteeto the performance of their deities. LIBERTY OF TIIE PRESS. Mr. Down La's wwants) then rose, for the purpose of call , ing the attention of the Court to the question for which they had been convened to-day ; and he begged in the outset to state, that although it was by no means his intention to lead the Court into the consideration of any question other than the very important one immediately before them, yet he would never abandon his tletertninottlon, on all occasions , nf theineet. ingot'. the Court, to call for additional intbrination relative to the administration of the Marquess of Hastings, which, if once granted, would, in a great degree, do away with the necessity of so many Special Courts as had been , recently held. The pressing and important nature of the present question. was the only reason why he omitted to move for fresh papers on this occasion. He was perfectly aware that the question which he .was about to submit to their attention was one which required much greater powers than he possessed to compress within a narrow compass, and at the saute time to prOduce the effect which It was calculated to do. There are mixed up with it many Vital considerations, each and every one of which would well , deserve a separate discussion from that or any other as sembly. lie was very far from anticipating that the question could be terminated on this occasion ; on the contrary, he • was quite persuaded that thi s was o ny the commencement • of a series of discussions, not only there but elsewhere, which must ultimately terminate in the alteration of the exist ing system.--(Ilear„ hear I)—lie felt that he was addressing the Proprietors of East India Stock, • but he also knew that be was addressing Englishmen posseased of the rights and privileges of Englishmen, and who cherished the feelings and principles which distinguished the English character. To the Proprietors, therefore, quasi Proprietors, he did not address .Itimmelf; he spoke to them as that body of men upon whom the Legislature of the country had thought fit to confer the privi lege of assembling in that place, and of appealing in a constitu. tinel manner to the Government of the country, lie did not, therefore, claim their attention as a body of Proprietors incor porated by law, but as a body of Englishmen, to whom the Le. • &stature had given high power, and had appointed to superin. tend the affitirs of India, to express their opinion fearlessly on whatever abuses were proved to exist, and to bring them under • the consideration of Government whenever an occasion arose. if they had it in their power to meet in that place, approve ' merit, and apportion rewards, w hi c h was always done with pleasure, it was no less their privilege, and no less their duty, to express their censure whenever a proCeeding was detailed which was ,caught with danger. These considerations induced biro to anpeal to the Court, run as might affect them in their capacity • at Proprietors, but Englielimen; whose deliberations would be placed beftwe the public, ainVto ask them to express an opi. nien.whether, in their judgment, they think the existing laws relative to the Press in Imilii, are wise and proper, and such its should be continued in force ? It would have been a sufficiently worthy occasion to have assembled that Court, if they bud no other object than to consider the ruined fortunes of one indi vidual (Mr. Buckingham) who Sat neat-hint, whose hopes anti . prospects had been blasted by the tyranny, the caprice, the • tiredly, the persecution of the late Governor Adam.—(Hear, hear!) -Speaking of Mr. Buckingham 'octet? , as an English• man, the treatMent• lie had received woult have demanded • their attention ; but let it he remembered that he spoke of a men whom any Englishman might, be proud to call hie coun. trynian, on account of the manly itpirit he had displayed under pereecutfons, and fey those vattieble talents he has • evinced, of which all the world can ludge—it was of the first importance that the Court should exhibit no_inter terice to real merit when it was exerted' for the benefit ,i4.ff the whole Indian comnumity, and when, it did notappear_ ( ti ) t ethaatt exertions proceeded from interested motives. w. -nver, he should not 'detain • th e Cour! with detailing the ruined prospects of this Gentleman, particularly as they had a much, higher object ,before them. lie should, dierefore, call - -their attention to the existing regulations respectingthe press, and this subject fortunately was not left to conjecture ; for they lied it under the, hand of the late love:' nor himself( Mr. Adam); hie carom an-like views and profound views of suture policy. It would be impossible to discuss this question without reflecting hilly on the conduct of thie Gentleman and the course pursued byy isji)) • and he singled him nut on account of the high station • -which he had accidentally Whitlow' heeeuse. he had pointed out ..slur coe tee to be pursued • by future ,Governors. Ile hoped he silent". not be told that:he wee mocking a e attack on 11 man who was absent, and had no mealy; of defending 'himself. This course • he should be at all times averse to outline ;, but the example of , IVlr. Aden) biotech' would teach hini to avoid it, for lie first be- Milled Mr. Buckingham front India, arid having prohibited all publication; then it was lie bleated his manifesto, and conlea veured to mangle the carcass of the victim which he had emeri ti:od. It might he said that Mr. Achim was put upon his trial for a breach of the law, and dint the Courts of Justice were the proper place to seek redress ; 'but it was well known that the Governor-General had only to say " this is my will," and unless you could prove malice against him, there was no re. • 'drew% *plait any act he might conimit ; therefore it was that ..Mr. Buckingham had' been advised by time ablest Counsel in ,this country to abstain from any further, expenditure of his money in a proceeding so wholly unavailing. The Court were • .aware that the hiarquis SVelleetley had imposed a Censorship •on tho press, and that all publication was restricted, except that ...allewed by the Governor.tietierel. Now, certainly, if tyranny is to be exercised et all, perhaps that the simplest form of it, despotism, is to he preferred, because then the people are • *oily subjected to the caprices or One individual ; but there is souther opeciee of tyranny, which consists in this, namely, • insidiously inviting persons to a country, and then persecuting them - when they cone within the grasp of the ruler. Now, Abe Cetteorship reldered the Government . responsible for every thing thst was published, and the Marquis Wellesley aecompamed the Censorship with certain instructions to the Editors of Newspapere, which-might be supposed to contain -hint; of his wishes and his feelings as to the line of publica tion. However, at a later period, the Marquis of Hastings . 'baving succeeded to the Government, thought that the power , or the Suprome Court over the press was quite sufficient, with. put the censorship, to ceunteract any attack upon the Govern. tPerit, and accordingly he removed it, anti by so doing involved `the Caeiverinnent' in a heavy responsibility. At that time the Marquis of Itastlnlpt well knowing the prejudices. and 'gm,: rases which existed---well ..Acquainted with: the spirit exist- ' rill;I in the civil service in ndia, he lamed, if not a trail. • script, at least something nearly resembling the instructions of the Alarquis Wellesley; but be had no hesitation whatever it et t' shu t ti• on ly importance which the . ii:g,!e Marquis cf I"ltingi attached to these restrictions. was few weak minds (who, it 'teems, were satisfied), but that inustrine 4 Personage very well knew that those re. strictione were no more binding in law than any orders which he might hive given his servant, Ile admitted, that, t!' ll 4 P o4l•4 flees Mr, Canningie joke in the House of . oommons was a gond 60, when lie said, " give me what pawr you will, turd let me have no fear but front the ,Preitg ; then give me the Preson as regulated by the Marquis of iiastings, and I will venture to consider thyself sate." But let any Man look et the Whole tenpiur of the conduct of the Marquis of Basting'', arid he inuet reason most inaccurately of be can draw from it the inference; that he bad for one too. mcnt supposes) the instructions issued couldliave had the &bet of law. It any man smutted the Alerquie of ik st i ogit o f in. pnniiatener, let IMO remember that he had to attain fix means to Ms end, and in the course be Fumed, he had, attai n, fact, onl y thrown a 'little for children to play with, but he:wen know that it was no more law titan a piece of waste Palmer. fie thought Mr. Canning had acted most wisely in locking tip the drift gent to hint by the Directors for the restoration of the restrictions, and An refusing to express an opinion ou the subject, lie bad acted wisely for himself, and wisely as a Statesman ; he had acted wisely for himself, much in the same manner as a man called upon by two parties in a warm dispute to_give his opinion ; seeing it to be a delicate paint, he says, " Wait till I see the result:" but if he could venture to predict what would be the decision (lime to by the ,Itight lion. Gentleman to whom he had alluded, he would say it must be his opi nion"that the existing system cannot Continue. What then has been the result of the five years administration of the Marquis of Hastings since the removal of the Censorship ? In the midst of the discussions which followed, and the unfortunate storms which had arisen, we find Mr. Adam tossed up to the head of affairs, and mistaking the elevation in which he was placed for dignity of position—(Hear, hear I)—And what was the ground of a his proceedings? 'Did it appear that any disloyalty had been diffused, or was the sole object to check the progress of intelligence ?No: if any such thing had ' curred, Mr. Adam would have placed it in his preamble. But he commences by stating, that " whereas matters tending to bring the Government of the country as by law established into hatred and contempt, &c. &c. and to disturb the peace, harmony, and good order of society, have lately been fre. quently published in newspapers and other papers in Calcutta: for the prevention whereof it is deemed expedient by law," &c. &c. Now it was quite impossible to contradict a man who talks of matters tending to a particular object. But Mr. Adam goes on— " 1. Be it therefore ordained by the authority of the Gover. nor-General in Council of and for the Presidency of Fort Wil. Ham, in Bengal, at and within the said settlement or factory of Fort William in Bengal aforesaid, by and in virtue of, and under the authority of a certain Act of Parliament, made and passed in the 13th year of the reign of his late Majesty King i George the Third, ntituled An Act for the better Manage. ment of the. Affairs of the East India Company, as well in India as in Europe,' and by a certain other Act of Parliament made, and passed in the 30th year ot' the reign of his said Ma jesty King George It 1., intituled, An Act ter establishing fur. ther Regulations for the Government of the British territories in Indish and the better administration of justice within the same,' that fourtein days after the registry and publication of this rule, ordinance and regulation in the Supreme Court of Judicature at Fort William in Bengal, with .the consent and approbation of the said Supreme Court, if the said Supreme Court shall in its discretion approve of and consent to the rqistry and publication of the same, no person or persons shall within the said Settlement of Fort William, print or publish, or cause to he printed or published, any newspaper or maga. zinc, register, pamphlet, - or other printed book or paper what. soever, in any language or character whatsoever, published periodically, containing' or purporting to contain public news and intelligence, or strictures on the acts, measures and pro. ceetlings of Government, or any political events or transactions whatsoever, without having obtained a licence for that purpose from the Governor-General in Cpuneil, signed by the Chief Secretary of Government for the time being, or other person officiating and actin; as ,such Chief Secretary. " 2. Anti be it further ordained by the authority aforesaid, that every person applying to the Governor-General in Coun cil for such license as aforesaid, shall deliver to the Chief Se cretary of Government for the time being, or other person act acting or officiating as such, an affidavit specifying and Netting forth the real and true names, additions, descriptions, and places of abode, of all and every person or persons, who Is, or are, intended to be the printer and printers, publisher and pub. fishers of the newspaper, magazine, register, . pamphlet, or other printed book or paper in the said affidavit named, and of all the proprietors of the same, if the number of such pro. proprietors, exclusive of the printers and publishers, does not exceed two, and in case the same shall exceed such number, then of two of the 'proprietors resident within the Presidency of Fort William, anti places thereuntO subordinate, who hold the largest shares therein, and the true description of the house or building wherein any such newspaper, magazine, register, pamphlet, or other printed book or paper, as aforesaid, is in tended to be printed, and likewise the title of such newspaper, magazine, register, pamphlet, or other printed book or paper. "3. And be it further ordained, by the authority aforesaid, that every such affidavit shall be in writing, and signed by the person or persons making the same, and shall be taken, with. out any cost or charge, by any Justice of the Peace acting in and for the town of Calcutta. _ "4. And be it further ordained, by the authority aforesaid, that where the persons concerned as printers and publishers of any such newspaper, magazine. register, pamphlet, or other printed hook or paper as aforesaid, together with such number of proprietor% as are herein before required to be named in such affidavit as utbresaid, Allan not altogether exceed the number of 4 persons, the affidavit hereby required shall be sworn and signed by all the said persons, who are resident in or within 20 miles of Calcutta and when the number of such persons shall exc,cod 4, the same shall be signed and sworn. by 4of such persons, if resident in or within :20 utiles of Calcutta, or so many ofi them as are so resident.. " 5. And be it further ordained by the authority aforesaid, that an affidavit or atlidaviss of the like nature and import shall be made, signed anti delivered, in like manner, as often as any of the printers, publishers, or proprieters, named in such affidavit or affidavits, shall be changed, or shall change their respective places of abode, or their printing house, place, or office, and as often as the title of Such newspaper, magazine, register, pamphlet, or other printed book 'or paper shall he changed, and as often as the Governor General in Council shall deem it expedient to require the manic; and that when such further and new affidevit a- last aforesaid, shall be so re quited by the Governor General in Council, notice thereofAgned by the said Chief Secretary, or other person acting and officiat ing as such, shall be given to the persons named in the hifidnYit, to which the said notice relates, as the printers, publlaliets. or proprietors of the newspapers, magazine, register, pamphlet, or other printed book or paper, in such affidavit named, such notice to be left at such place as is mentioned in the affi davit last delivered as . the place at which the newspaper, ma gazine, register, pamphlet, or other printed hook or paper to which such notice shall relate is printed; and in failure: of making such affidavit in the said several cases aforesaid quired, that such newspaper, magazine, rivister, pamphlet, or other printed book or paper . , shall be deeined, and taken to be printed, and published without license. 11. And be it further ordained by the authority aforesaid, that every license which shall and may be granted m manner and form aforesaid, , shall and may be resumed and recalled by the Governor-General in , Council, and from and immediately after notice in writing of s uc h reca ll, signed by the said Chief Secretary, or other peison acting or officiating as such, shall have been given to the person or persons to whom the said license er licenses shall have been granted ; such notice to bc' left at such place as is mentioned in the affi 'vavit fast delivered, es the place at which the newspaper, ma. gezine, register. pamphlet, o r other printed book or paper to which sueli notice shall relate is printed, the said license or li. censcs shall be conside re d nu ll an d v oid, and the newspapers, magazines, registers, p am phl e t s , printed hooks, or papers , to which such license or li censes re l ate , s h a ll b e t a ken and consi t , tiered as printed 'and published without license : and whenever any such liceuse as aforesaid Aid) he - revoked and' recalled ; notice of such revocation and recal shall be forthwith given in the Government Gazette, for the time being, published in Calcutta. ". 7. And be h further ordained by the authority aforesaid, that if any person within ihe'eald settlement of Fort William, shall knowingly or wilfully print or publish, or cause to be printed or published, or Khali knowingly or wilfully, either as a proprietor thereof, or as agent or servant of such proprle. tor or otherwise, sell, veri, or deliverout, distribute or dispose of, or if any bookseller or proprietor, or keeper of any reading room, library, shop, or place of public resort, shall knowingly and wilfully receive, lend, give, or supply, for the purpose of perusal or otherwise, to any person whatsoever, any such news. paper, magazine, register, or pamphlet, or other printed book `tor paper" iforeeard,' such license iti is required by thisrule, ordinance, and regulation, not having been first obtained, or after such license. if previously obtained, shall have been re. called as eforeettid, such person shall forfeit for every such offence a stun not exceeding sicca rupees 41)0." ' • So that here we fiud, if man lend another man even a piece of paper, he must be exceedingly cautious to what use it is .to be devoted, for if it were only to light a fuse, it comes within Mr. Adam's regulitions.—( Hear, hear ! )—Now this isayretty sweep ing regulation, and yet all this Mr. Adam may do without assign. ins any reason whatever for sending you away. Indeed there Is a proviso itt the end, which excepts the publication of nil shipping intelligence—(a laugh)—advertisements of sales, cur. rent pricey of commodities, rates of exchange, or other articles solely of a commercial nature—(alangh.)—'Why, the most im portant ,commercial intelligence may frequently be of a com mercial nature. But really altogether the absurdity of these Regulations was such as one could hardly believe. Then fol low, by way of comment, some observations on the Regula tions, which are most curious : they. state " the foregoing rules impose no irksome restraints on the discussion of many mattere of general interest—(a latigh)—provided they are con ductal with that decorum which the Government has a right to expect from those living under its; protection."— There was a soliloquy which must be familiar to those who are acquainted with dramatic literature, which is exceedingly ap plicable to a man' placed in this situation t it was by one Figaro, and after the intrigue of his master's wife, he aolilo quites thus on his past life, and he says--", In order to profit of the amazing liberty which is allowed me, I announce m y ht tenthon of setting on foot a periodical publication, end - in -order that it may not interfere with any of the regulations, I. call it th e . th e ws Journal."-4 Hear, hear 1)—In fact the regulations are one more absurd than the other,' The firat,stricture is— " All defainatOry or _contunlelious.reflections, against thesging or any Members of. the Royal Family." Surely eltelaws.were quite sufficient to prevent. this. Next follow— Observations relative to allied or friendly Native Powers, their Ministers or Representatives." . And here again he was reminded of poor Figaro, who says, " I announce a Comedy, founded on the Seraglio, and immediately I am told I have given offence to the Sublime Porte and the Emperor of Morocco."---(A laugh.) —But the madness of all this would be almost incredible, if it were not accompanied with such circumstances of hor ror and cruelty to all those who were compelled to pass through the ordeal of the Indian service. The honourable Proprie tor next directed the attention of the Coln to the Memorial drawn up by an individual to whom the highest praise was due—he alluded to a person of at much intelligence as any of those whom he had now the honour to address—he meant Ram Alohon Roy, who prepared the following 31emorial,which was presented to Sir Francis Macnaughtcu, Judge, of the Su preme Court : " M v Lotto—ln consequence of the last Rule and Ordi nance passed by his Excellency the Governor-General in Coun cil, regarding the publication of periodical works, your Memo rialists consider themselves called upon, with due submission, to represent to you their feelings and sentiments on the subject. "6 Your Memorialists beg leave, in the first place, to bring to the notice of your Lordships various proofs given by the natives of this country of their unshaken loyalty to, and unlimited con fidence in, the British Government in India; which may re.: move from your mind any apprehension of the Government being brought into hatred and contempt, or of the peace, har mony and good order of society in this country being liable to be interrupted and destroyed, as implied in the preamble of the above rule and ordinance. " I. Your Lordship is well aware that the natives of Cal cutta and its vicinity have voluntarily intrusted Government with millions of their wealth, without indicating the least suspi cion of its stability and good faith ; and reposing in the san guine hope that their property being an secured, their interests will be as permanent as the British Power itself ; while, on the contrary, their fathers were invariably compelled to conceal their treasures in the bowels of the earth, in order to preserve them from the insatiable rapacity of their oppressive rulers. " 2. Placing entire reliance on the promises made by the British Government at the time of the perpetual settlement of the landed property in this part.of India, in the year 1793, the landlords have since, by - congiantly improving their estates, been able to increase their produce in general very consider- - ably ; • whereas, prior to that period, and under former Govern ments, their forefathers were obliged to lay waste the greater part of their estates, in order to make them appear of inferior value, that they might not excite the cupidity of Government, and thus cause their rents to be increased or themselves to be dispossessed of their lands-. 4 pernicious pradice, which often incapacitated the landholders from discharging even their stipulated revenue to Government, and reduced their families to want. " 3. During the last wars which the British Government were obliged to undertake against neighbouring Powers, it is well known that the great body of natives of wealth and respecta. bility, as well as the landholders of consectuence, offered up regular prayers to the objects of their worship for the success of the British arms, from a deep conviction that, under the sway of that nation, their improvement, both mental and social, would be promoted, anti their lives, religion, and property be secured. Actuated by such feelings, even in those critical times, which are the best test of the loyalty of the subject, they voluntarily came for Ward with a large portion of their property, to enable the British Government to carry into effect the measure necessary for its own defence : considering the cause of the British as their own, and firmly believing that on its suc. cm their own happiness and prosperity depended. " 4. It is manifest as the light of day, that the general sub ject of observation, and the constant and familiar topic of din. course among the llindoti community of Bengal, are the lite rary and political improvements which are continually going on in the state of the country under the present system of go vernment, and . a comparison between their present suspicious prospects and their hopeless condition under their former rulers. " Under these cirtimstances your Lordship cannot fail to be impressed with a full conviction, that whoever charges the na. tives of this country with disloyalty, or insinuates aught to the prejudice of their fidelity and attachment to the British Go. vernment, must either be totally ignorant of the affairs of this country and the feelings and sentiments of its inhabitants, as above stated, or, on die contrary, be desirous of misrepresent ing the people and misleading the Government, both here and in England, for unworthy purposes of his own. " Your Memorialists • must confess that these , feelings of loyalty anti attachment, of which the most unequivocal proofs stand on record, basic been produced by the wisdom and libe. rality displayed by the British Government, in the means adopted for the gradual improvement of their social and do. inestie condition, by the establishment of colleges, schools, and other benefi cial institutions in this city; among which, the creation of a - British Court of Judicature, for the more effectual administration of justice, ttcsevvcs to be gratefully remembered. • ' proof of the natives of India being more and more at tached to the British rule, in proportion as they experience from it the blessings of jtist and liberal treatment, is, that the inhabitants of Calcutta, who enjoy in many respects very su perior privileges to those of their fellow subjects in other parts of the country, are known.to be in like measure more warmly devoted to the existing Government; nor is it at all wonderful they should in loyaltYbe not at all inferior to 13ritish-born sub jects, since they - feel assured of the same civil and religious liberty which is enjoyed in England, without being subjected to such heavy taxation as presses upon the people there. " Hence the population of Calcutta, a s w e ll as the value of land in this city, have rapidly increased of late years ; not withstanding the high rents of houses, and the dearness of all the necessaries of life compared with other parts of the coun try, as well as the inhabitants being subjected to additional taxes, and also liable to the heavy costs necessarily incurred in cases of Itiits befbre the Supreme Court. " Your Lordship may have learned from the works of the Christian Missionariee, and also from other sources, that ever since the art of printing has become the natives of Calcutta, numerous publications have been cir culated in the Bengallee language, which, by introducing free 'discussion among the natives, and inducing them to reflect and inquire after knowledge, have already served greatly to im prove their minds and ameliorate their condition. This de sirable object has been chiefly promoted by the establishment of four native newspapers, two in the Bengallee, and two in the Persian language, published for the purpose of communicating to those residing in the interior of the coun , try accounts of whatever occurs worthy of notice at the Pre &net, or in the country, and also the interesting and valuable ' intelligence of what is passing in England and in other parts of the world, conveyed through the English newspapers or other channels. " Your memorialists are unable to discover any disturbance of the peace,harrnony, and good orrder of society, that has arisen from the English press, the influence of which must ne cessarily be confined to that part of the community who under. stand the language thoroughly; hut we are quite confident that the publications in the native languages, whether in the shape of a newspaper or any other work, have none of them been calculated to bring the Government of the country Tinto hatred and contempt, and that they have not proved, as far as can be ascertained by the strictest inquiry, in the slightest de. gree injurious, which has very lately been acknowledged in one of the most respectable English lissionary works. So far from obtruding - upon (4overnment groundless representatione, native authors and editors have always restrained themselves from publishing even such f ac t s r e s pecting th e j u di c i al pro eeedings in' theinterior el' the country, as they thought were likely, at first view, to be Obnoxious to Government. • " While your memorialists were indulging the hope that Government, frnm'a Conviction of the manifold advantages of being put i 4 possession .of of full and impartial information re patronage and garding what ,pa§ipi‘i n a ll p a r ts o f t h e eouow y; w a e n u t l i d courage the estAlitiliment . Of newspapers in the cities tricts under the special ro tection .of Govern went, that they M ight furnish the s up r eme authorities in Calcutta with an accur ate account of local occurences, and re. ports of judicial pro cee di ng, they have t h e m i s fortune to observ e that, on the contrary, his Excellency the Governor-General in Council has lately promulgated a rule and ordinance imposing severe restraintson the press, and prohibiting all periodical publication, even at the Presidency, and in the native langpages, unless sanctioned by a license from Government, which is to be revocable at pleasure, whenever it shall appear to Govern ment that a publicAon has contained any thing of unsuitable character. and of respectable chara cter , who are in more favourable circumst a nces ,L Those natives hive such an invincible prejudice against making a Voluntary affidavit, or undergoing the solem nities of an oath, that ,they will never think of establishing a publication which, can only be supported by a series of oaths and affidavits, abhorrent to their feelings, and derogatory to their reputation amongst their countrymen. - " After this - I'lllc 444 ordinance shall have been carried into execution, your Memorialists are therefore extremely sorry to observe, that a coinplete stop will be put to the diffusion of knowledge, and the consequent mental improvement now going on, either, by translations into the popular dialect of this country from the learned languages of the East, or by the circulation of the literary intelligence drawn from foreign publications. And the same cause will also prevent Coose na tives who are better versed in the laws and customs of the Bri tish nation, from communicating to their fellow subjects a knowledge of the admirable system of' Government established by the British, and the peculiar excellencies of the means they have adopted for the strict and impartial administration ofjtis tice. Another evil of equal importance in the eyes of a just ruler is, that it will also preclude the natives front making the Government readily acquainted with the errors and injustice that may be committed by its executive officers in the various parts of this extensive country, and it will also preclude the natives from communicating frankly and honestly to their gracious Sovereign in Ertgland and his Council, the real con dition of his Majesty's faithful subjects in this distant part of his dominions, and the treatment they experience from the local Government. Since such information cannot in future be conveyed to England, as it has heretofore been, either by the translations in the native publications inserted in the English newspapers printed here and sent to Europe, or by inthe Eng lish publications which the natives themselves had contem plation to establish, before this rule and ordinance, was pro posed. " After this sudden deprivation of one of the most precious of their rights, which has beenfreely allowed them since the establishment of the British power—a right which th 4 are not and cannot be charged with having ever abused—the inhabi tants of Calcutta would be no longer justified in boasting that they are fortunately placed by Providence under the protection of the whole British nation ; or that the King of England and his Lords and Commons are their Legislators ; and that they are secured in the enjoyment of the same civil and religious privileges that every Briton is entitled to in England. • 4 . Your Memorialists are persuaded that the British Govern ment is tuft disposed to adopt the political maxim so often acted upon by .Asiatic Princes, that the more a people arc kept in darlcness, their rulerri will derive the greater ad vantages from them ; since, by r e fe rence t o history, it is found that this was but a short-sighted policy, which did not ultimately answer the purppose of its authors. On the contrary, it rather proied disadvantageous to them ; for we find that, as often as an ignorant people, when an opportunity offered, have revolted against their rulers, all sorts of barbar ous excesses and cruelties have been the consequence ; whereas a people naturally disposed to peace and ease, when placed under a good government, from which they experience just and liberal treatment, must become the more attached to it in proportion as they become enlightened, and the great body of the people are taught to appreciate the value of the blessings they enjoy under its rule. " Every good ruler, who is convinced of the imperfection of human nature, and reverences the Eternal Governor of the World, must be conscious of the great liability to error in ma naging the affairs of a vast empire • and, therefore, lie will be anxious to affbrd every individual die readiest means of bring ing to his notice whatever may require his interference. To secure this important object, the unrestrained liberty 'of publi: cation is the only effectual means that can be employed. And should it ever be abused, the established law of the rand is very properly armed with sufficient powers to punish those who may be found guilty of misrepresenting the conduct or character of Government, which are effectually guarded by the same laws to which individuals must look for theprotection of their repu tation and good name. " Your Memorialists conclude by humbly entreating your Lordship to take this MeMorial into your gracious considera tion ; and that you will be pleased, by not registering the above rule and ordinance, to permit the natives of this country to continue in possession of the civil rights and privileges which they and their fathers have so long enjoyed under the . auspices of the British nation, whose kindness and confidence they are not aware of having done any thing to forfeit. " Chunder Coomar Tagore. Dewar'Kunauth Tagore. Ram Motion Roy. ur Chunder (Those. Gowree Churn Bonnergee. Prossunno Coomar Tagpre." _ _ This was the document to which the Court might at all times refer for the vindication of their character against the libels which had been pronounced on it. In fact it might be said that this country stood in the position of an almighty power which held out hopes hereafter to those who relied on it. This was a statement which must come home to all their bosoms—it was 'the proudest record to which the Court could refer. The Han. Proprietor next adverted to the opinions expressed by Mr. Adam as to the public of India being disqualified to pronounce an opinion on the measures of Government; he would appeal to those Gentlethen whom he saw about him, and who had passed a great portion of their lives in India, whether they were content at being so characterised ? Was this the Condition through which these Gentlemen have passed in preparation for seats behind that liar, and many of them for seats in the Par ' Dement of their country ?—(llear !)--One class of the Indian public (for Mr. Adam divided them into classes according to their wealth), one class he represented as being in the hourly commission of misdemeanors, "or hfn nini "ban! "it. " But these are not homines, they are tint capable of pronouncing Upon the measures of a Government. Did the Directors ac ' knowlede or recognize this description of their servants ? Mr. Adam says, that nothin g could havegiven rise to such an as xertion, but some inexp licable views or motives of base lucre. Why, good God, why does Mr. Adam remain there, but for the sake of base lucre ? At all events he has clearly explained his views. He sincerely hoped, that this exposition men by Mr. Adam had been contradicted by the .Directors ; if not they had neglected their duty. lie knew there was a secret motive at the bottom of all this ; there was a class of men, who having raised themselves from obscurity, imagined It was their interest to keep the people in ignorance; but be would appeal to those Gentlemen about him, and ask whether they admitted the truth of Mr. Adam's statement, namely, that when they were in India they were incapable of expressing an opinion on the measures of Government ? But never was man so completely contradicted as was Mr. Adam by Sir Francis Macnaughten. The Learned Judge says, "he did not mean to say that this, or any other government, should have the power of doing wrong without an adequate remedy being provided.; but this he would say, in full conviction of carrying his bearers with hint, that he firmly believed, that there was not on earth any town, city; or lace where more practical liberty existed than in C alcutta. During the many years he had. resided here, 'and occupied his present seat, he never heardany 'man produee a single case of just complaint of infringement of any political liberty. As for the theory of thii political liberty, he cared little or nothing aboutit, it was of no consequence; in practice he never saw any place in his life where men were more truly independent, and free 'to exercise their talents in all lawful pursuits. " If this is a state requiring to be altered, if this is a situa tion requiring improvement, let it be done ; hut do not allow it to be done by a tree press ; if we tire to have a free constitu tion, which we have not, let - a free press follow, not precede it. With respect to the transmission of Mr. Buckingham, I shall offer no opinion. It is an act for which the Government alone are responsible, nor, sitting here, am I entitled to give any opi nion on the subject ; but I have no right whatever to suppose, that in the exercise, in tkeir discretion, of the power vested in them by law, they have acted wrong. But since Mr. Buck ingham has been sent out of the country for conduct which the that t t the things upr e should n Government deem to be in opposition to their auth or i t y, an d h as t i t s o s t u h p e e ir rio p r ro to p e i r t e i y t e i l s . n e N ce o s s o a r o y . appointed a successor, w h o tells us that he c a n no t b e controu ll ed 13 a ut h or it y, eb ver"nment could successfully s t an d aga i nst suc h a press. I know nothing whatever of the present editor,' but I be lieve him to be a highly respeetable man, belonging to one of the most r es p ec t a bl e c l aases o f t h e community; but when they place their right of controulling the Government through the press, on the ground of their freedom from the power of trans. mission, consequent upon the locality of their birth, I must say I think they place it on the worst possible ground; and without meaning any reflection on, or disrespect towards them, I must say that their right is no other than that of every Sicar, Cooly, and Mater. 1.• •• " In the memorial which has just been read to the Court, it is stated that an infringement on the right of property will -ensue fivm the registering of this Regulation. lint is such the case? Are the petitioners prepared to say, that at any time any compact or agreement whatever took place between them and the Government, which would be 'affected by, the proposed -Regulation ! Cannot the Govermnent in thii - case say— ' Non hoc in foaderaveni?' They most 'assuredly can, and therefore, as there was no com pact, there can lie no infringement. Moreover, if this property in a newspaper is to rise and fall, like the stocks, on the triumph over, and defeat nf an enemy, and that enemy is the Government of the count r y, 1, f or one, say, the sooner it falls the better ; and I must add, that had I been placed in the situa tion of supreme power, when the bold defiance to the authority of the Government, consequent upon the transmission of M r . Buckinglimain; appeared in the Calcutta Jotirnal, I would not have suffered a single Number to have left the, precincts of Calcutta by the Dawk. " It has been averred, that the Regulation, which is the subject of the petition presented this day, is repugnant to the laws of the realm ; 1 do not know to what law it is repugnant ; on the contrary it assimilates with the statute law. By the:l9th George 111., every man who establishes a press in England is compelled to register it; if he neglects to do this, any magis trate, on an affidavit being made before him of the fact, may authorize a constable to break open the house in the day time, and carry away the press and all its appendages ; in the same way that an exciseman may seize an unlicensed distillery, and all its contents. There is yet another law which prevents nine teen-twentieths of the people of England from establishing presses at their mere will and pleasure. The 80th ()facia. 111. compels previous securities to be entered into by persons, who publish newspapers of certain size and value, for the purpose of securing fines on convictions for libel. Moreover the system of licensing pervades almost every department of life. Barris. ters, attornies, clergymen, trades in corporation towns, are all under the influence of this system, and are all liable to be de privet' of their licenses—licenses too, to which they were en titled from a peculiar education, and on which depends their subaistence. It cannot, therefore, be said, that the new re gulation is repugnant to the laws of the land, since its prin. ciple enters into almost every situation in life." Was there ever a Government treated with such contempt as by this man'..—(Bear, hear !)-lle was quite persuaded, that when this question was brought under consideration, some change would be adopted : he was only doing his duty in en deaveuring to rouse the attention of the Court to their real in. terests ; and if he should be taunted with having occupied the time of the Directors, his answer should be, that he would at all times be ready to co-operate with any of his brother Proprie tors in bringing the question again and again under considera tion. With respect to the manifesto of Mr. Adam, which he held in his hand, he must say, that a production more disgrace ful, both to the head and the heart, he had never seen since his eye was able to read, it was filled with misrepresentations and slanders, which he pledged himself to prove before he sat down. He took more interest in this case, because it was not one that was confined to the walls of this Court, or even' to the walls of England. After having ruined the fortunes and expecte tions of Mr. Buckingham, Mr. Adam proceeded to publish 'a pamphlet of fifty-odd pages of the most scurrilous abuse against him, and in which he recapitulated the pretended charges, after he had compelled him to quit the country, and by the 'harshness of his proceedings closed the mouths of all his-friends. His chief allegation againat that gentleman was, that he wished to establish a free press ' • but, in fact, Lord Hastings had already - done that several months before Mr. Buckingham's appearance in India. Another of the charges, of which there were thirteen, was, that Mr. Buckingham ex pressed regret in his Journal at Mr. Elliott's being continued in pOwer, and that on'this occasion he received notice from the Marquis of Hastings of the displeasure which these observations gave to the Government. Of 3lr. Buckingham's answers, he would say, that they were models of prudence and circumspec tion, at the very time that the sword hung naked over his head. The first letter of Lord Hastings was to require an ab ject apolog ► y, but this Mr. B. refused, for motives that Mr. Adams afterwards designates false dignity ; to this letter, Lord Hustings replied, that he laid no stress on the particular words, but he expected that a paragraph would be published in Vie Calcutta Journal, expressive of sorrow for the attack already . alludes! to. Something of this sort Mr. B. did do, and on this occasion Mr. Adams observed, that he took that opportue . nity of writing more contumaciously than ever—and how ? by defending the paragraph already published Another serious charge brought against Mr. B. was, that he had inserted a let ter concerning the payment of the Bridal officers. And after all, what came . of this ? Mr. Buckinghuni 'gave up the author, and the Government, satisfied of the justice of the observations, caused the system to be altered. All these were triumphs to Mr. B. In no one instance was he found to be in the wrong—in no one instance was a charge made against hlin. The eighth charge was for inserting a letter, signed " A Friend to a Lady on her Death-bed," and which canvassed the right of the Chaplains employed at the military stations to leave theie stations and travel long distances to perform the marriage or other ceremonies. The letter.-stated, that it had been asserted, though no doubt erroneously, that the Bishop of Calcutta had given orders to the Chaplain, so employed, to obey no military or civil regulations. Oa the appearance of this letter the Bishop complained to the Govern ment, and at his instigation Mr. Buckingham was rebuked.-- This happened in the month of July ; on the 25th of October a letter was published by Mr. Buckingham, signed " Sant Sobersides," which alluded to the conduct of the Secretaries of Government ; in consequence this prosecution was in stituted by them, and in the following February Mr. Buck ingham was pronounced , Not Guilty. The final charge, and diet which caused his banishment, was some observations on the appointment' of Dr. Bryce to the office of Clerk to, the Commissioners of Stationary. For this good humoured squib (and he might here observe, that Dr. Brycei sp. pointment had given great disgust in Scotland, and that the ), Mr. d his lofficeti B uck ingham i h n a g t a b r l e n h s a i ..di n itlA r o . e lbiptlifea a enest b mitnh o os l icfs i ej s fix h rwaop e le e instr u cti o n lubae expelled p t ilb e ior Cou r t dnm sahuAmofftimoh: r ee snehg o tde r st 0 uf:teilltinne g oo d i tt r aor e tny e aa: t bt j o t oty r vani s gee to all c i rvirea ec t ts ion rui a n n ed_ d r s. Ikt was, hi fact, the bestowing of supreme power that effected all this had c in ha is n c g b e i d ef it pot when raised to the highest pinnacle in India. • .Mr. Drain; observed that it was hardly fair to introduce Lord Amherst in the present case. Mr, EINZIAIRD said that the present was an affair of India, and that in fact Lord Amherst had behaved, if possible, worse than Mr. Adam, for Mr. Buckingham had been allowed. 10 return to England, while Arnot had been sent first to Scram. pc:rseeip,ra.arDntid.cluxalofatrenrcwsasusebrd,mansittiatßhtlehntacootallrdeisn Mee t ing —a most unhealthy climate. duced into it. Amhersthcaodulednnlyottobedoinwtroith. The CHAIRwax observed that the Requisition particularly mentioned Mr. Arnot's case. Mr. Kt x'sratitti then proceeded. He would not take up the time of the Court by reading extracts from The . John Bull in the East, which, though chiefly written by the Government Secretaries, was one of the most scurrilous papers he ,eves now. What Buckingham had been banished for, had caused the proceeding against Arnot, for it was an allusion to that paragraph that had caused the Government to act against the latter gentleman, and such was their rancour, that imaidetter from %lessrs. Alexander. it was stated that they were unable to obtain a renewal of the licence as long as the paper remained under the same Constitution that it then was, or, In other wordee while it was in the possession of M r . Buckingham. It would belie the public press that the Proprietors would become SCA quainted with the conduct and public services of their servants in India ; till that was established it would he impossible to de stroy the accursed feeling that existed among the civil authorities abroad, and that had been so sharps thorn in the side of Lord Hastings; this was but the commencement of those proceed* ings, and had he not believed that the public mind was Alai prepared for the subject, lie would not have been so anxious in bringing them forward. The Hon. Proprietor concluded bet moving for all the Minutes, Correspondence, and Proceeding'' in and between the Government o f Calcutta, the Court o f Directors, and the Board of Cont rou l, with respect to the Pub, tic Press of India since the year 1818 .—(Applause.) • Mr. lui'sr (a Director) was of opinion that with respect to thetase of one individual_ Mr. Arnot—whose name weitentru . duced amongst many other topics touched upon in the very long speech of the Ho noura bl e M ember, the absence of t h a t individual should be a reason why the Court should abstain from the consideration of his case now. If it were now to be considered, it would be a partial line df cond uct to investigate the abuses compl a i ne d of before they were supplied with the justification of th e i r Government in India, which was accuse'. —(Hear !)—As neither Mr. Arnot, nor the explanation of Go' venni= t, had yet reached this country, he was satisfied the Coot would feel the unfairness of entering into the subject.— (llea* hear !)---With respect to Mr. Buck ingham, he had made an appeal from the decision of the Government in India to the Court of Directors, and secondly to the Board of Controul. —By both the conduct of the local Government was g• proved, and both refused to disturb their decision. UP!: Buckingham had any cause of complaint against the Coital' of Calcutta for any injury he sustained in his property, a Cond e _ Of Justice was the proper tribunal to which to appeal. If,'" were aggrieved, a jury would no d ou b t award him ample olle' m a g es _ t li a t was a case for his own consideration—but was ono which, as brought before this Cou rt, should be considered as cora* non judice. This he should consider a complete and decisive answer to the Hon. Gentleman, but as the legality of the proceed' ings in respect to Mr. Buckingham, and also the policy of the Government in not uph o ldi ng a f ree press had been called into question, as well as die charecter of M r . Adams severely anion' adverted upon, lie would trespass a few observations on these points. The Hon. Gentleman here proceeded to read the OW ral provisions of the statutes, which pointed out the nature and extent of the powers so exercised br Governors.Genend and the Council in India, with a view of establLshing the legs l 4l of the authority which the r Governor and Council exercisedoe• Much reliance had been placed upon the suspension of the Coe sorehip of the press in India, and the substitution of tke re" striction in its stead, as thoug h it were intended by thileidb* Stitution to establi s h a free press in India. Such was not du; intention of the change, and the restrictions which prohibited any.ofiltnsive commentary on the exinduct of the Government in India ; any publication disrespectful to the Court of Direct( ri or the Board of Controul, and which contained various ( 41 '1 prohibito r y regu l at i ons , f e ll f ar s h ort of the idea we t b rl'' In this country o f w h a t const i tute d a free press. it was not to be wondered at, therefore, that Mr. CO; ning, in the House of Comm ons , l aug h e d at t h e id ea 01 considering these regulations as the establishment of a free pr el in India. Such was as remote from the intention with wince the censorship was removed, as it would be inconsistent with the state of the population of India. Mr. Buckingham had pet to complain of any exercise of harsh or arbitrary power: The, first infraction of the restrictions instituted by the Marmite to Wellesley, was in a libel written by o Mr. Buckingham on thl Governor of Madras, in 1819. This called for the - expression of the censure of Government, whereupon x ei r ; 'I Buckingham m a d e an amp l e apology, and accompanie d expression of regret with a promise t h at the o ff ence should.n"s he repeated ; b u t a s h ort per i od was scarcely perm i tte d tu elapse, before a simil a r a tt ac k was ma d e on t h e same Clovein°l.l and this attack was followed up by numerous attacks 'on insnl other persons connected with the Indian Government. Tba Marquis of Hastings himself, in his capacity of Commande r " in-Chief —the Bishop of C a l cu tt a *and the Clergy—the vlbct: Administration, we r e m a d e su bj ec t s o f genera l an d i n discrilni nate censure. He really was not disposed to admire the 0_ 1 :: bearance which induced the Marquis of Hastings not to have , ex, ercised the po wer veste d i n hi m , w hi c h h e was at l engt h obigeZ to resort to, by the open defiance of Government by Mr. nne:a ingham. But 'he would mai n t a i n , t h at so f ar f ro m if e ri Hastings not agreeing in opinion w i t h t h e Co unc il (as ha d been asserted), lie expressed in a letter, which was to be fours in thepersnieseteessd ed. The strongest warning on this subject was to be Peep i i t n y tohfesucpnrusreessiitnghadtheayoupvta.