The Sun. — London, England, 1824-07-28 00:00:00

INDIA FREE PRESS. PROCEEDINGS of the COURT of PROPRIETORS of the EAST INDIA COMPANY, on the Subject of the LIBERTY of the PRESS in INDIA, on Friday, the 23t1 July, 1824 —Wint.tast AsTELL, Esq. M. P. in the Chair. The CHAIRMAN Stated, that the Court hnd been specially called at the request of nine Proprietors to take -,:ito consideration the State of the Public Prefix in India.—The Requisition to that effect having been read by the Clerk, Mr. II tt Ml". rose and said, that although be was not one of those wt.o signed the present Requisition, yet it was his accidental ab. swats alone that prevented him from taking that step. He meld:riot avoid expressing hill regret, where the subject was of sqelt, infinite importance as the state of the.. Indian Press un-. musetleinible was, ' that any disposition should be shown In that Ce vi e and inere,especially by the Hon. Chairman, to put an r ;to tine discussion of the question. . Ho wee not, however, lt e 4 tether merry that a new Court had been celled, instead of the former Court having been ntljoirrned,.because gentlemen, eeieht now originate their views of theAubject in any way they thigh: think proper without reference?. to what had heretofore step proposed I and the mode iti which he meant to treat the , f tuition was very different from that discloried by his Hon .I , itienti (Mr. Kinnaird) at the last Court. His lion. Friend had, en that occasion, given much intbrmation on the. state of she Press in India. His argurrients respecting thatsubject Wer e . a tercible, his details so luminous ,' that he wondered' hie ail- nrees,bad not produced a greater eil4et on the Court. %%lien he sal a number of men leagued together to prevent informa titin 'on any subject from being laid before the comronnity, that sierrininnity having great duties- to perforM, he could not help'. Itiinking that there was something hollow, something rather' beneath DC theirpretencea. He could we no other grolititl for rit‘tsing to give information with reference to the subject Low before them, it being atisnitted by the Directors themselves that the act complailied.of, was one of forcible coercion, and over.stretched power. Ile hoped to show, before he sat down, that le was an authority. To judge of it with a calm anti ititinieitionate mind, it was neeessary. that every informa tion elioulti be laid before them. Theyposscssed in this cotin it!, the blitseing'of the press--the greatest bleising they cottld enjoy ;• mad he must• , say, that those who heal 'endeavoitied to' +74ol:lke mess in , lntlia had disgraced themselves. The caiiiie of Mr. Buckinghten wait but as a drop in the ocean , when . placed in competition with the great ttoeStion, ' which. he thought, was intimately connected with the whole policy of the Government of India. Ile regreted extremely that. any Per vonal motives,,qrniny personal stmemcnts—more than was ac tually neceeiery to bring before the Court the conduct of the Oorernot ,, Xieneral, whose name had been so mixed up with this transaction on several occaitione during the debate of the last day—should have been introduced; because it directed the attention, which ought to he given to the immediate subject, to matters that were fur less important. Much mystification `had, he thought, been made use of by a Learned Proprietor ( Mr. Impey) in stating hie view of the case at the former Court. .That Learned Proprietor was not present, or lie should have felt it to he his duty to show, that his (Mr. innsey'e) ignorance of the law, as to the regulations which were Imposed on the preps ie India, was perfectly obvious.' He should, be glad to know why that Learned Proprietor always took his seat within the bar 'I Ile was asked, whether that Learned Proprietor was A Director ; and, as he was not, he wished to learn, why he sat in that place which was appropriated to the Directors? It was well known, that when it was proposed that his Learned Friend (Mr. IL Jackson), who was one• of the Company's Counsel, Arndt' sit behind the bar, the Directors took three days to deliberate on the question, and then met it with a de. eial, because it would be giving ton much importance to his Learned Friend. The subject of the press in India had, for many years, been so near his heart, that lie niust hitherto have been act. 'mean idlepart if he could not now state how he thought the press in India should be conducted, and whether any regulations were necessary or not. Ile regretted that an inquiry into a subject of sitch vast importance should have been always opposed by men, who, from their situation, ought to be best acquainted with it. The object seemed to be to keep the public of Ping. laud in ignorance of the state of things in Indio. There were, he 'believed, persons both within and without the bar, who looked upon the East India Company as a mere trading com peny, who practired their character for a given remuneration. —But the time was so changed since that charter was first granted, the circumstances of the case were so - wholly al. wed, . that the man who directed his attention 'exclusive. L y to the questio n o f commerce, m i stook his duty as a mem- Br of that court o r ef the British community. Instead of inquiring whether Mr. Buckingham was banished and ruin. ed in his fortune, in a manner very little creditable to those ?ho inflicted the severity,.--instead of inquiring whether lilr. Arnot was banished, and burned, and stink in the sea, they ought to 100 k to the general system with which the treat. cheat or those gentlemen was connected. These were " 5 ' In. Stances of individual suffering—thread slug a of that immense n which they ought to unravel, and which would enable them to discover the manner in which the duties of Government were performed. They were bound, as proprietors of East India Stock, having power to govern or control India, to promote, by every means in their power, the happiness of millions who were censigned to their care. grim was a point, how ever, on which few persons in diet Court gave thetn• selves time to reflect. They thought they did their duty it-they received a dividend, granted a such of money for toy . specific object, and a reed to whatever their Directors thought lit to propose.—i ear l).if fientlemen would con. times what change had taken place since; our first settlement in Audis, they would find that our situation woe now as diffirent at passable from :what it formerly was. The Company had been e.evated from subjects to sovereigns. They were betted to ta ke ,ntes•of their intere st i n that country , a nd their interest as Vogt lasinien was not to suffer the ealsteore or sucho power as bud reef:nay been Inter*. They heel 70 or BO tahOna of Souls L.:n(ler their away, and to that population they owed the most sacred, ditties. if :Mischiefs resulted to that population, could arty one of them lie down in his bed; and say that he was not in some degree the cause of them ? Oug ht not every member of that Court to consider how far he had aided in producing those mischiefs, by protecting the overt acts of a bad govern. mint ?—(llear !)—He hoped the time was come when these piling would be fully and fairly brought beforz... en English public. They would have an account to settle at no very dis. tent. period ; and, if lie read rightly their own acts, they had Aryl conducted themiwives so well as to deserve much atten tion limn the Legielature, whenever the time came for the renewal of their Charter. If they looked to the last Charter, they would find their duties, toward* din people of India very secretly and very clearly defined.: By the 53t1 of the late King, it wee declared dist the object of this country Awl of this f.% o in• parry was to disseminate Oolo n g . that peOpte useful know ledge, "fttoral, intellecatal„ and religious.''—(llear f) ee-Such was tte object the Legislature had in view in continuing to them tbe sovereignty of, India; and that Ley,:eleture had a right to espett that they would perform their duty. A mast import. stet _part of that duty was to centiliter how far. the existing re gulations were or were not for ,t)4O benefit of the country,— whether they promoted or retarded its prosperity.—(llear il— FOrhie own part, lie thought they hail not done their &Hi . . He beilevtd there was a very general good intention, on the pert of those who bad the management of Indian affairs ; but when he looked to the page of history, and considered what man really tem, both high and low, rich and poor, he found there always wan A disposition to adopt Well Minintore4 As would promote his esen individual happiness, ream , than the happiness of those whom' Ito governed. Therefore a great responsibility was tanawn on that Court, to ace that the government of India was properly s.dminiatered ; and, if regutistione did exist, which teated to retard the 'welfare of a single initivisluel, much leer of Mlllions, dime regulations ouelit to' h e revised. It was their Nat and MiIAL sacred duty; as fic,streigns of India, to establish pod goverotnent there. It was by goed 'coma ment alone that anY'people could be rendered prisperoits andhappy c, and i t rsosa tinpose itde for good governmetit tn be established, es they wirld.preeentid tu a teci . Woes would creep In, unless such attys. 4 tem of sissies Wee introduced as would prevent the schlth feel. irides of Men froW operating Lb the olettenent of this community. Miat,theri, wits the best cheek for the purpose of securing t rity of reasoning, he was l e d to way time ITeco . " llq ..in v t 4 r r y u , lis te h l ic t ln ac jl ior a diri: ED the COMMOn PbEallel envy atii'sdniirraion of surrounding nations. And why ? Be. cum/ we To/mow' institutions which other nartisa, co p" n o v v i e d il e i r n et g i ie,tyranny. did not enjoy. Of dim h'l titi r - t: 4,, Prete. at the Most valuable. It operat an a c h ec k up on panne of every kind. 'lt expoeed abeees, Atagave such informs- Lelia , ' evaded every men to j lid refer hiltiselfof the coniuetosfuliis. t4 rtil', At , th at moment, but for tile pruciS, they mig ll it be f r lettnif under the 'Moat arbitrary tyranny, whi lst the forms e a regular constitution oppeartiil to be adhered to. —( ricer, hexe!) • -Yin* no tyranny was so great as where the remiv"ibilitY fur all utt we* divided eniongst individuals: and no one person "i'd 41 '• f .. l . lr tie ktcoontaile, But tine prea nOtked all public pro. " P : 3 41" ; mid men in power, IrateVer their inclination might tot, were ittivilline to do any thing that could bring them with in Lae Allbtor of tut Inflirenee. Therefore, he considered the t r Z, 4 l " a le nit t v t ',, n ,,R l l n fn _t:i:iod. goieinntent that existed. Ile [T io ot o i w sybt i l z: 17: ppliment to any gentleman present Ihilithl *Of ifeet power i:" 4 , p l:'lPlOnt Inc WAS not convinced alert' lIMPie. r.t0„,04.4r,:; ) , , a . " d I P winetej the hlt Pl" nc44d p i, tiLt t o. -34040, hf 17 4,, ~,, re /041,,,d , 4 - t - , :%! !tirMognt our own pen.. with a microscopic eye, let A kolili tern -44,4 its 1.0 the ~,,,,„,,, oi i „p t ., s ioriid, and say, whether Ito excrete! , 11 ,: f „I: s t „6 t l tti a b u e r o s a et r : ____t. we lched. The - Peoeoatieuir of old oasis on l ore d" eu n r p u it " a4r 47 am ~,0,0,5f, tboss etetholttest in Indira 44, Wit knew' r the, gisturbancee to 'Which' die . eierelq . of that p,,,,, 0 1,4 0 tit.** gi iAil rio ; sia ifikb iould nut 4'4 himitt r i'liewPf e ' .0 r or _cgs .tat gentleman was guilty m a fo•eat inconsistency. Ile'envied not Mr. Adam the honours that were paid him by this na.psiblic of India, when he was retiring fl'om that country; but he would call the attention of the Court to an address-which he had received; and to the answer which he hat! returned, both of which were printed. The answer showed that Mr. Adam took a very different view of things at different times. A certain number of that no. public of Benarert met to express their opinion of Mr. Adam's Government ; anti here ho might observe, that no Governor. General ever returned from India, whether be wni populor or unpopular, who did not receive an address. Now, when the Court of Directors received those addresses officially, and found A and B, who bad acted in one way, prnised, and C. and D also praised, who had dieted in another, how could they conic at the truth ?—(Hear )—But if there were a free wens to state. as Mr. Buckingham had stated, the motives which induced persona to draw up those addresses—that they were all anxious to have a little nut of the Governor's book—the delusion would be completely dispelled. The address to Mr. Adam praised him for " the purity, of his motives, the wisdom of his court. sets, and the decision of his conduct." In the answer which he returned to this address, he said, " The manner in which you have spoken of my administration demands my acknow ledgments and thanks. The approbotion of individuals, whose ability to judge of public affairs Is so well known, pos. senses high value in my estimation, and constitutes a solid ground of matisfiletion." Now, could any man say, that Mr. Adam had common sense about him on those two occasions— first, when be declared that there was no public in India whose opinions was worth attending to i • and next, when he formed this answer, praising the acuteness of a part of that public ? To prove that there was a public in Win, the lion. Proprietor re ferred to the Arlene Annual lie fitter for 1709, in which there were no less titan 20 addrcitsee from Bengal, Madras, and Itotit bay, on tits, %object of die attack owl,: by itstfieltt on the rata King. With respect to the nattv,s, moon whom it Watt also said there wit& no public, he would ask, were there no natives of im portance? Were there 'no natives of talent? lie would nay that the natives tvere a most intelligent race. •Do away with their idols—remove their etiperstltione—pnt to flight the moral night-mare, which pressed down their minds—open the flood. gates of intellectual' light—and you will find them as able nod as Intelligent a body of men as could be met in any country.— (Hear, hear!)—The lion. Proprietor then ridiculed the Mee of the natives turning on the British Government, and overthrow ingwhen the governed were it. Men never rebelled for mere fun. It w as oppression as no fear of incur ntliere and intustice whi b eh c ti are sto d v r c e r t n ti m ie , properly treated . mitten or sedition. What reason had they to fear a free press? Wits there not a free press in our West Indio Colonies, where the slave population was as 70 to I t There were no less than SOB newspapers in the United States, many of them In the southern provinces, where slavery was very extensive. in Vir ginia, whore there were 70 slaves for one free individual, 35 newepapers were circulated. Yet in neither place did they cause any revolt. The Hon. Proprietor then proceeded to point Our the injustice and partiallity which marked the proceedings of the Indian Government towards Mr. Bucking tam. lie had. been banished from India because he spoke the sentiments of a freeman ; while a paper called the John MX, which was tilled with the most scurrilous attacks on Mr. Buckingham, was en courage& It Was notorious that persons intimately connected with the Government wrote for that journal. Against the 'edi tors and proprietors of the John Min, Mr. Buckingham brought' an Action for a libel, thus giving the parties an opportunity, if they could, to justify what they had said of him. Ho obtained a verdict with damages. 1 14 Judge, in his obserVations, to the Jury, declared, " the% he looked on the libel with !sexton" ()n the other hand, though twenty-nine numbers of the Calcutta Journal • were selected for the purpose of finding out something to prosecute, yet not a libel could bo dis covered in them. The Hon. Proprietor then adverted to the case of Dr. Bryce, (an article on whose appointment es clerk to the Commissioners of Stationary was the ostensible cause of the removal of Mr. Buckingham), and contended that it was very proper that it should be exported and censured. Ile had dono every thing in his power to make himself master of every thing connected with the dispute between Mr. Buckingham and the Government ; he had examined both sides of the question ,• he had sought to find out the motive which actuated! fir. Adam, believing that, though wrong in p r i nc ipl es he might be im pelled by a conscientious feeling t but he discovered him to be inconsistent in his declarations,—he found him supporting the John Bull, while he removed Mr. Buckingham front the shores of India ; anti, under all the circumstances, he could not help thinking that Mr. Adam had acted most culpably, (lim), and he thought that all thole,: who Opposed a motion which had for ohject the manifestation of such injustice would also act very culpably.—(llear I)—The Hon. Gentleman thin proceeded tie comparethe conduct dale Indian Government In imposing those restrictions on the press, to that of the Pope, who, in his late en.. cyclic letter, censured severely the distribution of the Scrip-. tures. The bigoted petticoat-embroiderer, Ferdinand of Spam, and the wise King of Portugal, had issued edicts against the introduction of certain stated books Into their territories; but the system in India was worse, for It remained with the Go vernment to proscribe any work they pleased. •It wassail that the natives were very ignorant, and that therefore a free press was not suited to them. De admitted that they were ignorant, and if it were so, ought they not to remove that 'ignorance ? Did not the Legislature specifically direct them to do so ? The lion. Gentleman then entered into a history of the native preen, Which had sprung up after the restrictions had been taken off' by the Mai-quill of flastingi. Six papers were printed in dif ferent languages for the use of the natives; but they were like. ly to be injured very much by the new restrictions. One of them, edited by the celebrated Ram Mohun Roy, 'which was entirely occupied by essays In favour of the Christian and chewing its superiority to that of the Hindoos, had been given up, in consequence of the penalties which, at the dis cretion of two Magistrates, might, without trial, he iuffieted on those who coded it on—a state of degradation to width Ram Molten Roy anti his friends would not submit. • After some further observations, the lion. Member conclud ed with moving,— " That It is declared by the 63d Geo. lIF. c. 158, sec; 33,- to be the duty of this country to promote the interest and hap piness of the native inhabitants of the British dominions in In dia, and such measures ought to be adopted as met( tend to the introduction among them of useful knowledge, end of religious and moral improvement." t "And as no means have been found so effectual to secure to mankind the enjoyment of these important' blekeinge, as the diffusion of information by means of the Prase! Rep,olvegt, Tha4 O hero be laid before this Co wl , copies of all Minuttai and On of Council at Ihe'hithlcncies of sue hour, if tte.t freedom of the. press which existed in th is B e n gal , Madras , and B o mbay , relating to the public P ress, country, limited as it was, had been known in Indies. The and also Copies of all Correspondence between those Govern proof of this was, that punishment almost invariably followed meets and the Court of Directors and Board of Control, re any abuse of power, when a man was found bold enough to de- specting the same, to enable this Court to ascertain how far nounee it. Now, if, in England, the press were an organ of so the regulations heretofore, and now, in force, for the guidance much importauce, why should, it not btaextended to India ? In of the Press in 'lndia, have assisted or retarded the accour what was India diflerent from England? And why exclude the plishment of these benevolent objects. which, it is pronounced people of India from that blessing, without which the people of by the Legislature to be the duty of this country to promote." . this country would be slaves ?---( Hear !)—lf there were a mart Mr. D. Kis:swan seconded the motion. in that Court who would say ," Put down the press in Eng- Mr. It. Jacuson wished to know what opinton the Court of land," let him state his reasons. But if there was no person Directors had expressed svith regard to the question which had willing to try such an experiment, he would ask, why put it been brought under the notice of the Court? down in another country . ?..--Wear, hear .had heard, The Clerk, .by the direction of the Chairman, read a resolu with great regret, the opinions of an lion. Gallant Baronet thin of the Court of Directors, approving of all that Mr. Adam (Sir J. Malcom) on this question. It might perhaps have had done with respect to Mr. Buckingham, and declaring their been supposed that the arguments of the Hon. and . Gal. intention to give him all the support which depended-upon lint Bart. would have some force ; but he had taken the trouble them to give. to contrast one argument with another, and they completely Mr. RAND LE JACLSON,-1 y i eld to no man, enntradieted each other. The lion. and itallant Barratet was wring my Honourable Friend, in an ardent a ffecti onSirnot _ ex. .for . the formerly, he believed, favourable to that (it he might so call it) liberty of my country , and the freedom of. the Press ! I admit radical doctrine—perfect freedom of discussion ; but some eke that it is mainly instrumental to the preservation of those cumstances had occurred, which wive him a twist of late, and betties which are our boast. The question between my Ho.' he thought it necessary to deliver the opinion to which he (Mr. nourable Friend and Myself is, whether that which we so ar- Hume)had adverted. The Hon. proprietor then proceeded to dently, love, can be best, preserved and maintained by what lie comment on an observation made at the former Court, by a is pleased to call a free and uncontrolled licence of the press, or, Learned Gentleman (Mr..lintioy) whom he should call the by that which I aver have been taught to think most camped :l.sth Director--(A laugh.)—That Learned Gentleman asserted b e with Wisdom, a fair and well regulated Press, subject to that there was no public in India for whom a free press WO tie. legal and' constitutional controul ? No man has observed the CeSettry,.... 4 doctrine against which ,lie begged leave.to enter his public conduct and career of my lion. Frieqd with more puhlil protest. The Learned Gentleman admitted the propriety of g ratitude or personal affection than mys e lf, nor h a ve I a ny reit giving instructions to the people of India. He was willing to son bat to resp e c t Mr. Buckingham . I have not the honour . dinners information amongst them , and thus toMeet the wishes of his acquaintance , nor ti ll within a few momenta have had of the legislature. But how would he do this? ily imposing the least knowledge of his person; but I hear from every shackles on the press---by carrying thorn hack to t he s y stem of G ent l eman w h o knows him, that his character in'private life is 1400, when printing was first invented, and reducing the whole that dim amiable and worthy man ; he is, however, before us of the millions of India to a grovelling stato of ignorance and this day as a public man, and I should be wanting in my darkness.--(hear, hear Q —lf the wish of the 25th Director public ditty, while speaking of his I sco e ld cu conduct, d t id he n c o o t u d r o t s o o t, were obeyed, the desire of the Legislature would not he ()bey- freely, and avow thus openly, th a t with ed.. Many of those who refused to grant infOrmation on this Directors in approving of the conduct of the Ilertgal Govern. subject, who were favourable to restr i ct i o ns on t h e p ress , were menu, thinking that if they had not acted as they have done, themselves of societies establishen in India fin the purpose of they would have compromised their duty. - (\Mining religious instruction, through the organ of that press The course, Sir, of my Friend's apeech„ must evidently have which they wished to put clown. WCTe they sincere, or met directed your attention to three cansiderations t--First , what is this hypocrisy ? It certainly was inconsistent ftp. them to say, the law which lie has thus been disposed to question ? Se " M We object to the organ through the Medium of which we eondly, whether or no Wet law has been wisely anti virtuously haVe been allowed to act." .If it weregood to put 'down the administered ? If not, let Mr. Adam take all the blame he de liberty, of the press at Calcutta, why not abolish it at Madras serves, but if helms administered it becoming his high station, and Bombay ? Was there to be one rule at Calcutta, another at while we give dde credit to the intentions of Air. Buckingham, Bombay, and a' third at Madras P At present this wax actually let us not desert that line of conduct which we have hitherto the case, Such was the inconsistency of those proceedings. The somewhat fondly cherisked in this place, namely, that of regard- TI on. and gallant Ilan. said, there was no Istid4le slass of society ingonrselves its the Protectors ofour functionaries, bound to main- In India-that there was no such bony . there, as derived be.. tam their authority when j us tly asserted and to defend their cha nefit front a free press in England. Here then tappened to be teeters when mailed as that of Mr. Adam hasbeen, both in writ. some little inconsistency—for' ustency—for he believed the Hon and Gal- ingand speech. The tltirdconsidertition which my Friendisspeech lent Bart. had found at least some who thought there was has led - to is, whether or no it be consistent with sound and community there. Ile found that community addressin g a a wholesome polity to allow the-freedom of the Press to exist in Government upon its nets, and receiving an answer to t h a t s a l. our settlements in India, to th a t unlimited e x t en t w hi c h . tri dress. If the Hon. Baronet had ever put his 1141110 to any ad- HonourableFriend. and those who support him, claim as mat dress of that kind, lie was at variance with himself. With re. ter of right for the inhabitants et' our Eastern possessions ? spect to Mr. Adam, who, in his defence, denied that there was It is important, Sir,, we should ascertain, especially since it any public in India capable of giving an impartial opinion on has been so strongly questioned, what is the law upon the case the proceedin,' of Government, that r illy -. se before us ? for it is a great mistake if we think thr this right a gt ie ...link that , as rig of transmission to Europe has only existed since 53 Geo. Ili Sir, it has constantly obtained through all our legislative enactments, it is to be found in Act after Act, for more than two hundred years; it has been a main principle of our Indian Government, and stands as such recognized by the Legislature, and by the Government, which halt uniformly regarded the non.access of strangers with Out licence as the great means of preserving the British territories' in India. Some doubt, Sir, has been intimated on this subject, let the Court, therefore, judge for itself. W e will go as f ar h ac k at the Charter of Elizabeth. now more than two hundred years old ; in that Charter we find these words " none of the Queen's subjects but the Company's Servants and Assigns shall resort to India without being licenced by the Company, tspon the pain of forfeiting ship and cargoes, and being liable to imprison ment, till they give 10001. bond not to trade thither again."— The Charter of Charles recites and confirms the same, and, inter alts, provides, " that the Company may seize upon all Englishmen, and other persons in the Last Indies inhabiting those parts without the Com pany_'s licence, as shall disobey their orders, and send them home to England." Nearly 100 years or more after that, the sth of George entituled, " An Act for better securing the lawful trade of his Majesty's subjects to the East Indies," enacts, by section first, that no man is to sail or to go to the East Indies without leave of the Company ;" and, by section second, that if they so go, " the Company may take, and seize, and arrest such per son, and remit him back to England, to answer for his offences committed there against the law." Again, the 7th George I. enables the Attorney.lieneral of England to proceed against such persons who may be tined and imprisoned, according to the law here. 'rite 9th of George 1. was an Act for the further secur ingc the oitm so eny'a trade. It enacts that all perns i n the East Indies, sonless suititorited, are guilty of a high crime and misdemeanourt anti by ,the seventh aection, may be seized and brought to En l and, and lodged in the next county g gaol till security is given for their taking their trial. '['he :13d of the late King, the Charter before the last, and many' persons are still members of this Company who know how much the subject was then debated : that Charter also has a clause that enacts, that all persons not lawfully licenced, tinind In the East Indies, the Company may take, arrest, seize, and remit to England, and that they may be committed to the next county gaol till security is given. The 131st section agaioenacts, that being in the East Indies without the licence of the East India Company, is a high crime and misdemeanour. Now, Sir, I believe there is no parliamentary rule more strict or undeviating in its construction than this, that when the Legislature has continu e d f or a l ong ser i es of years to re. peat the sante enactments, with all that experience before them which Governments are supposed to derive, and that intelli gence which they are supposed to possess; it carries with it, above all other arguments, an admission that such a law is wise and good. Sir, the last Act that relates to this subject, namely, the last Charter In 1019, with the experience of inure titan 200 years, derived under the Statutes which I have cited, and particularly that of the 33t1 Gao. 3, Which to A certain degree opened the trade to India, so far f r o m re l ax i ng i n caut i on , or abating any part of the power th at h a d ex i sted from t h e time of Elizabeth, re-enacts and enlarges that authority, and tnore particularly spe cifies the mode in which it shall be carried into execution, after enacting that such persons should be subject to the rules and re gulations of the local Government, section 90 provides, " that if any person, having obtained a certificate or license from the Court of Directors, shall at any time so conduct himself as in the judgment of the Governor-General, or Governors of the other. Presidencies, as to have forfeited his claim to the counte nance and protection of the Government of such Presidency, &c., it may be lawful for such Governor-General or Presidency to"declare that the certificate and license so obtained should - be void, and such person shall be deemed to be in the East Indies without license, and may be sent forthwith to the United Kingtiont"—tfilr. flume, 6t after trial."]-11 my lion. Friend will restrain a little his impetuosity, I promise hum thereto not one point of his speech whiCh is relative to the question in which I will riot endeavour to follow him. The 104th section enacts, that it shall be lawful for the Governor-General to seize, arrest, remit, and send to the United Kingdom, any such Intl'., vidual—a previous trial is not even intimated I I think, Sir, there can be no difficulty in concluding front these Acts what the law WAS UP to 1793, namely, that all per sons found in the East Indies, from the mere factof being found there without lawful license, were committing a high crime and misdemeanor, and that it was the right and the duty of the Governor to seize and arrest such persons, and convey them to England. A distinction is made in this case; and I admit that, itp to a certain period, Mr. Buckingham existed there and what la Vinod a free mariner's license, his case being , not - have mehtioned the m i me o f t h e latter, but that it in that 'respect, distin c t f).oin Mr. Arnods, and I should formed a part of the Preceding notice. The transactions of Mr. A rnot, and my Lord Amherat's conduct towards him, riot being yet before the Court, I should hold it uneeeinly to enter into any part of the subject, or to commit the character of that Noble Lord, till we h ave M r. Armi e s case as fully before bs, as Mr. Buckingham bee ta k en care th a t we should have his case. Mr. Arnot was t h ere wit h out any li ce nce whatever, and it became not nierelyitt e d uty till ivy Acto that rhaVe quoted, bald* rticular duty unde this ry Act of 181 3, by the 37th section pa of which, theGover r of the Governor-General under nom lit India are forbidden to sanction the residence of persons in the East-Indleo, without the authority of the Court`of Direc tors ; so that had no other reason existed, after the paten was once brought to his Lordship's attention, that Mr. Arnot was there without a licence, it became his duty to send that person over to the United Kin hi Glom. Mr. Buckingham resideil there however, under what called a free mariner's licence, and I adMit with rtiy Hon. Friend, that it is the practice to give to this licence great liberality of construction, nor do I myself oh. jeer to such liberalit y; et in truth a free mariner's licence gives him leave only to b e in y the practice of the seafaring line, that is trading front port to port, and upon the face of it declares, that if in an respect t h e party to whom this licence is given shalt be found in any *ay departing from the rules and ordi nances of the East Indi a Company, or the conditions of such permission,frorir that time his licence becomes void, and h e mutt be-deemed'end taken to be 'a person residing there with out licence ; 1 merely state this, the letter of the law, to remind Mr. Buckingham, anti those who support him,' vnietrtO thetifelising the letter of the law against my t i ti eittortituect.: Hestirigs'tind ether' persons, that they ought at lea s t to ac that If the letter of'the law had been put in forc e w i t h k iestact to Trfr• . Fiti.ekinghttn, all this painful +Koenig= about ham has been said to have committed against its fair constitu- take the charge of many millions of subjects— the liberty of the press, and the various offences Mr. Bdhking- a paper in deep mourning on account of his coMing there to tional freedom, might have been spared t for, directly as it Mr. KIN NAIAD.—The paper was not in mourning. became obvious that Mr. Buckingham had changed his profes- Mr. JACKSON.—Do not interrupt; answer if you p lease , l sion and his purpose to that of a settled domicile in India, as but do not interrupt. The paragraph speaks fof nett.. An d ' , Editor of a Newspaper; from that time, upon the face of his he again asked the Hon. Baronet, what he would have sai d to • licence, he stood a proscribed man ; and if the letter of the law such an attack upon the Governor of Bombay ? had been enforced, I repeat it, as the Hon. Baronet (Sir Chas. The Chief Secretary upon this occasion informs Mr. Buck- Forbes) seems to doubt the proposition, the Governor-General in ham, " that the Governor-General in Council regrets to ob. could have remitted him to Illngland. I know it was the liberal serve this is not the only instance in which the Calcutta Jour. practice of Lord Hastings, and of other Governors, not to look nal has contained publications at variance with the spirit of thin so very nice to these licences. bat to allow gentlemen (and I instructions. On the present occasion, - the Governor-Gene . assure them, they have my most cordial consent still so to do) ral in Council does not propose to exercise the powers vested in who have obtained leave so to go to India under them, to enjoy him by law, but l am directed to acquaint you, that by any all the advantages *Well an Indian residence can afford, so long repetition of a similar o ff ence, you will be considered to have as they conduct themselves with propriety towards the consti- forfeited all claim to the countenance and protection - of th is toted authorities, and live in due obedience to the rules and re. Government, and will sub j ect yourse lf to b e procee d e d figst gulations of Government ; but I am - bound in candour to con- under the 36th section of the 5311 Geo. 3d, cap. 1 55 . fess, that if I had found a gentleman openly perverting the very follows a copy of the C i rcular, w hi c h h a d b een se nt to the purpose of his licence, and publicly challenging my authority, I ea Editors in August, 1818, viz. :—" Sir—His Excellency Abe would not, had I been in the situation of the Governor-General of India, have entered into this lengthened correspondence with the existing regulations regarding the controul . exerci s ed Mr. Buckingham,but I would at once have said totem, you have,come y the overnment over the newspapers, lam di re cted to .. , bG in my judgnient, departed from the terms of the licence under Gov or-General in Council having been pleased to reyise which you came here, you are acting in a manner which is dan- lowing resolutions passed by his Lordship in COUNCII"—Ihr gerous and mischievous to the State, and I therefore, by the tut. follows a copy of those regulations which had been formerly' municate to you for your information and guidance, the PI vice and consent of my Council, order your departure feom the settlement. But it so happens, that a treatment was manifested affects Ig norance of their existence until bin receipt oithe OM . - towards Mr. Buckingham of so much tenderness by the Go- letter, speaks of them as " now first officially brought to and sent to the Editor of every newspaper. Yet Mr. Buckingham i t le for vernor-Gcneral that it has been made a subje ct of accusation against his Lordship for forbearing so long r'cim the issuing of the regulation of the Press." Let those Gentlemen belteve n • that order for Mr. Buckingham's removal, which at length the- I . the notice of the Editor of the Calcutta Journal, as a gu ise l.• who can, that Mr. Buckingham paid 3,0001. for ~.trif__ and diacnuw b:c ir a . m n e u i c in ki p n e g r h io a u m sly hi n m ec s e a s f s , ar as y. his itistifiestion. types and so forth belonging to two newspaners, . Buck' Now let us see, Sir, whether or no, Mr. Buckingham's con duct has been such, as to justify the Government of India in in ham, however, properly made an apology to Government fee proceeding as they have done against him ? that is, whether g his conduct—he - says, " I shall not presume to intrude on the know , that any rules existed for their application ; 31r. or no, in the terms of my second proposition, the law has been wisely and virtuously administered ? I think it must be the extenuation of 'my conduct in this or in any previous be issued to admitted that I state the question fairly, and I will proceed stance, as de acting from the spirit of the instructions . .. v , to a trial of the proposition, by reading a few short extracts, notice of his Lordship in Council any observations tending W . not from Mr. Adam's book, but from that which meat tre,con. sidered as high authority, namely, a pamphlet published by übinitting were exempted from the necessity of previously s , the Editors of the Public Journals in India, at the period t he y Lord Hatt' went." Now, whenever it shall be argued that my they ' We will pass over all the fanner part of Mr. Buckingham's logs did not mean those regulations to be effectual, or that.. , their publications. to the revision of the Secretary to (lovers uncontrolled , te: history, he was in the same unfortunate predicament at Bow- were to be regarded as not at all restrictive of the bay, being there also without alicence; I only mention that fact, liberty of the press, I hope you will recollect that they are e ihh to chew that he was ordered from Bombay by the Governor, un- the same sheet of paper with the revocation of the cen t ,h . der a sense of his obligation to the law, and after his having and formed a part of the same proclamation. Mr. B . ____. paid great attention to a very long and able letter, which was ' ham goes on to say, " I shall rather confine myself to h ga i. written to the Government by Mr. Buckingham. The effect ing, that I sincerely regret my having given cause to In e .f t i;;, e which it had personally upon Sir Evan .Nepean is evident, ship in Council to express his displeasure, and more sOlg t , t he from the sentiment he expressed. that he would rather is not an individual . among the numerous subjects .. t h e that this Gentleman should - have staid, and have pursued benign Government, who is more sensible than my self e..,.. those enlarged views of commerce which mr . Buckingham had unprecedented liberality which has marked his Lordship' s , w el pointed out to him as likely to be extended by his personal ex- ministration in general, and the immense Oblitioll. D . l O O. ertion .. yet, with this conviction, the Governor observed, that the friends of the press owe." Owe to what? O w e 1 ° . r,kMl he had ' no choice but to administer the laws of England ; for controlled liberty and licence of the press ; or to iris _",7fif. such they are (let us have no quibble upon that term to-da y ). withdrawn the censorship ! No, but p " the iminenee ta r i , A , The law that enables the Governor of India to send home per. tion which' all friends of the press owe to the meal or '"a to this country, is as mach the law of England as any revised regulations in particular." riod of other under which we live, and. has been laid down as such by . We have here, then, Mr. Buckin g ham, a t t hi s early pe the Legislature for two hundred years. I think there can be his career, ranking among the most illustrious acts of etni no doubt in the mind of any person who has studied the history Hastings, his taking off the censorship of the press, and stit_, of this country, if the liberty of access to India now con. the immense obligations which were due to him on accoutu,... tended for, had • been conceded one hundred years back, as to those regulations which lie had. been pleased to substitute p'', whether we should be now in possession of thaterniglity empire. proceeds, 4 . the marked induence his Lordship in Council . i ' e observations of those whom personal experience has enabled to We are justified, when we look at this empire, when we read the exercise of the powers vested in him.by law, will operate!, ,:: write upon its vast extent, its multitudinous population, an d additional incentive to my future observance of the sOirthe i 7 t hr i - , their comparative prosperity, in concluding that these laws must pleased to exercise towards mein remitting on this occasion the instructions issued before the commencement of the Ca et. have been wise, which have been etfectual to that greatest of Journal to the Editors afire public prints of India. in Aue iti g all ends, the consolidation of the State, and the happiness of its 1818, of which I stn now fully informed, and which I 11 .,_ subjects. Mr. Buckingham, however, thought proper, finding himself Mr. Adam has done wrong, and so has Lord /festal' il , at Calcutta, with a free mariner's license, which hail been sent henceforth make my guide." If he has made them his gui de But if it appears that he did violate them, and that repea te d cat:; out to him torlomhey, and under which he made various voyages, and being averse to the abhorred traffic of the Slave Traile,which meat of there being a great blessing conferred on India, pot notwithstanding this his solemn promise, and his acknowl . was proposed by his owners, relinquished the profession of the unjust ? will say that the expatriation of such person was unwise Meeting which, hook done without consideration ? Mr. Buckingham, like other Ken. Mr. Buckingham next alludes to a . liceett i s t ea ttn er f, d iit c l o y ii e se n i o o u ti g s i c l if e t t ime ti t t a e l d en tn ts tt wi p t t h ib w il l e d n cl e i w na sp tu a r p e e h r. ad N e l n r d as ow th ed lis 1 upon the Editorship of two to that circumstance to introduce the answer of Lord Hued tu sih a l k e e m a e s n o , t w t o a f s d p r ob d tt e t n io t n o n f ry hin tr i i s a elf, and he thought it right to place at Madras, to address Lord Hastings ; and I . only a,, ouster de st preceding Newspapers, before he became the proprietor of the which has, in my opinion, been ungenerously Calcutta Journal. I mention that circumstance, because I by Mr. Buckingham. He takes notice of the speeches Ea . ~,_,,,z think it impossible to reconcile the fact . of his having conduct. that Meeting,' and among others of the speech of a Gahhhh a ed two Newspapers, and afterwards having bought, at the l a rge Officer now present, Col. Stanhope, a speech full of genero us and materials belonging sentiment, and teeming with all those feelings by whi ch _ A; regulations under which , know that Gallant Officer to be actuated, and who has g a experienced merchant a noble a Newspapers were allowed ! That an _,.! ticlever trice n o ! : itad been published fallen, and to cheer the faint; respecting whom I hope there r n 3 l wo n oi i tp e h r l t t i l a tti l lbe s e l is e ltg c o u ca l kw a l t a o Pr r er , eos s tl l e i should the e ld have advanced suc h a liberty to the most oppressed of the human species, to rai se l Pir oth let any titan believe but one common feeling in the hearts of all who call themselves Englishmen. The Gallant Officer, in eulogising the 1" , 10Y it that can, to me it is Impossible I of the Press at Calcutta, this generous act of power should, sum throughoutofa m t o h n e e s y e t i d n e me ignorance nt, er ed a of i f n w d l;a a t . ed the Calcutta Marquis, says, " I allude to the suppression of the censorial k, be referred to in your address; the establishment of a In October, 1819, I believe, he commenc freeress in Asia is, in m estimation, the most magnanhnout act of the . 111a - rq . uis . of . Hastings ' s administration, and is thst high-minded men. Journal, : i nsu lt:o l r , t, a hwe n id, displeasure l a , el e t a s i uso i nine e ooft n fe i ontnitta(hltus quotes, in ney he sao n h w :s a d yth t the eh that i a s t f g o ut r l t ii u si n o ok s ,. 1 which will come moat home to the bosom of Now, the establishment of a free press in India was, by with• neither pure or generous towards his Lordship ; as if that can. tiousliolgernau had proclaimed throughout India the uncon trolled freedom of the press. , of national liberty, and drawing the censorship and substituting certain thgulatioot. e ti N ian oh it ln I mutt, Sir, he excused at this moment for recalling to the and no man could have applauded Lord Hastings for t* doing the recollection of the Court certain expressions which fell helm one, without knowing the act was accompanied by the other; my lion. Friend Mr. Kinnaird, w h o no t b e i ng u p o n his seat at but the fact was, that the press, so regulated, was, at that tient , this moment, I take the liberty to refer to his name. 'Awe' I regarded as equal 'to all the purposes were observations of too much importance to the character of the such was the boon for which they meant to Noble Marquis, not to' require that it should be well understood The gentlemen of Madras addressed th whether the sentiments thus imputed to him, were or wore not very flattering terms, and his Lordehip, in the course of a ch a in* those of Lord Hastings? My Hon. Friend said, " the fact, plimeatary answer to a complimentary address " eh/ was, that the Marquis of Hastings h a d me r e ly f ra med these removal of the restrictions from the prh bee' ast"s iolted i ° Servants." regulations, to satisfy the prejudices of the. Civ il ~ laudatory language. I might easily hav e asn ment prece --It should be observed, that up to August 1818, a Censor. dure without any length -of cautious adapted that it ship of the Press had prevailed. Lord Hastings thought habit of regarding the 'freedom of consideration, from Te l ' proper.to abolish it, but, at the same time, as. forming a part right of my fellow subjects to be publication as a 4 1 1 11 • 4 of tile same decree, substituted certain regulations which the urgent cause assigned." narrowed only by efketr e end Up Editors of the newspapers were apprised they roust conform to, urgent cause, hiii - Lordehi h ad that conviction of a epecith a n; or that they wpuld be sent home. The court will judge when th e cen sors hi p ht, : p accompanied the revocation ft they hear those rules, how far they deserved the anathemas the press free to Loistri,ip; a series of regulations, which he though t ti ,,, ll , pronounced by my Hon. Friend, whether they are likely to pro. Mr. Buckin h himself thing - but licentiousness."'" --- a-h t ' duce those wide-spreading evils that he says would follow from ay th t g atr had lauded it, when thus vale.'" what he calls the Extinction of the Press in India, or whether latior%Velandlat b essing that could be conferred unitm the P a " . any one of the regulations in question justifies, in the remotest I read, Si * degree, such an apprehension 1 But it has suited Air. Buck- the r, only detached passages, my object being to la t t, fi t inghani, and his warm and generous advocate, dlr. Kin- n a.. • with naird, to say that these regulations were not meant by the right in that which they have d one; and if you concur 1 t Noble Governor, although he gave his solemn sanction to me in that opinion, lam satisfied will you agree with me, th' them, and that the fact was, "he merely framed those regula- we are hound te give them our su II - h eart) pport—t ear, tions to satisfy the prejudices of the Civil Servants, who ' - '` . The con troversy hica rgno. „, respecting the Post-Office followed, 1 ,..n wi n randy imagined that danger would arise from the removal of ' r ..Buckingliiitu thou the restrictions on the Press, he threw them out as a tub to the duced to make such ght he was ill used, and was meg t he animadversions as again to call fat , k 4 whale : as a rattle for 'children to play with, that they h a d no notice of Government. The legal force whatever, which Lord Hastings well knew ; and that on the proceedings of' the G overnme n t Secretar writes, " Your terthhh e time real object of the Marquis of Hastings was to establish the are obviously in viol • of Fort Saint Geol i tsh uncontrolled Freedom of the Press in /hale." It is well known Y our particular attention anon of the spirit of those Mks to VI r PI that no person thinks more highly of my Lord Hast ing s as the Editor of the . Calcutta b , "* . ' las been before called, and the unfound e d h e i p . dons N e i than myself, few persons have more attentively stir. veyed in those remarks , • aggravate the iinProPrlj in veyed his adminietration, which, taken as a whole, is i uur conduc h' ,n , tont is occasion my judgment, the most splendid instance of British Rule I ouncil (Lord Hastingshl * The Governor.Gen! e lithe known to our history ; and 1 can truly say, that, upon I impression made onyon btaalperceived, with regrets' t!a res tly no occasion have I ever joined in a vote with , more heartfelt experienced ; and I am kt re Indulgence you bar ;,`' e or satisfaction than I did in that vote to which your Hon. Court 1 tam consequences of o 'reefed to warn you ot, ' t h tire of unanimously came, stating your opinion of the administration Government. In the'y r ur again incurring the dotspecoun and the conduct of that Lord ; and I have very little cis contents himself wiitleisent instance, his Lorda l3 ll.7 % el/ doubt, that, perhaps at no very distant period, when certain meet of the impropriety of requiring that a diininct *expo_ ut . sharp points shall be worn down, and good humour shall be dent apology to the Government your condu.ct, and a full and i _, for the F', restored to both sides of the bar, that I shall have tire happi. jurious insinuations ins erted ' of Fort St. George, e , .i ivf ness of again joining in another vote equally honourable to regard to the conduct in your paper of yesterul2t o t he . him and to ourselves i but I should disguise my feelings Calcutta Jour trey! ." of that Government, he . publish l eo f , / not to say, that if 1 believed those sentiments were were justly int- extraordinary length, in which thi s e "I ct puled to my Lord Hastings, it would cast, In my • 'ceined," alluding opinion, a to his Lordship's speech, in answer ze e 's* shade upon his illustrious and excellent Government,which , ll ndian address, " I should be extremly sorry to see ! Happily , however, id. or restric I Lord Hastings's honour, there is as et rieluseo drawback for my abrogated I OAS of AugustlBlB were as formally and ethec,n iv i. from the unanimous applause which we bestowed duals, by this step, that is dab peech ho certain w ie , eminent person. His Lordship's own lang uage, and his t i mt tvose as one law becomes repeale y the creation of a l ti t of conduct, gave a broad contradiction to any assumptiontha t own the former." and en es are at variance with the OP" I o f he ' Now, I want to know, where is this 'dol e d* . had acted a double part, or meant that proclamationtime Con stitution? * wise than as the solemn act of himself in council other.._ where is this abhorrerof every degre e ° ,,r the give you a tolerable high authority as to the i ; 'nay, I will 12_ 0 tIsm ? who thinks proper,. when it suits:the ImePr et e e en - / Ate, interpretation of "ament, to raise niy Lord Hastin into the veriest or he - t le those regulations, and which shall h efrom Mr. Buckingham's with authority so high that, by Ii sPe e "' 1 owe mouth, when he thoug ht it of importance I y a singe periwigs Is a ape. ma to ilmself to answer to a complimentary address he should revoke a acknowledge their validity before Impunity had made.hire bold. Act of the State and abrogate 1 ' the Cho c " - - I have stated, Sir, th at a few months after Mr. Buckingham General in Council ! a aw enacted . fh: se I look in vain to my Hon Frien d s i s „ 0 . became the.proprietor of the Caksithr Journal, he gave fr answer! I want to see in their coun nances that • holy tatl'es to the Government of Calcutta, it was in consequence of ° ence i don which should.flash.from the te ' and warm t "` ' paragraphs which appeared in his Journal, and I think you will trios heart upon the first advanc e l)a to triot r d e r t ies despotism—butt po i agree with me that they were-such as one would hardly III" they are quiescent , and think with M w r. a ßucking i ttm, that t rt: expected from a Gentleman of his refined taste. They caovne. are occasions on which absolute power in the Governmea h ,t -be sited of gross ribaldry, applied to an - authority which o ugh t ht be preferred 1 I acknowledge Mr. Buckingham th w e ., if, always to he treated with the greatest respect. .You will a . man of considerable talent, but I must ask " . .,„h i • l i ot . judge, Sir, of the offence, hy the language in which the Clover- with those talents, he really . thought that the live fi e - tire nor -General in Council 'thinks proper to animadvert upon it. any Governor-Gene:ld, could revoke an Act of the Legs r. The paragraphs hr question are as follow t--:." Madrash-hWe Council ?" Mr. Buckingham cont i nues, " I reg ret ' " (L. evc 1 to learn h t etist have received a letter from Madras, of the 18th instant, written b yhe for of your letter of the 12th instant, t h id) on deep black.edged mourning post, of considerable breadth, h l i t s ve mistaken the extent of the indulgence and freedom w ie r ent and apparently made for the occasion, communicating, as a Excellency mew to allow to the Indian Press. . 0 re piece of melancholy and afflicting intelligence, the fact of Mr. your letter of the 12th instant, .1 must-conceive the ,fa to Ellintee being din the government of that Presidenc atence of those restrictions of 1818, which I had heh ev • or for three years long e st It is regarded AI Mildra.l IR a nubli y e, have been abrogated, as that letter makes it the bha lg • r t .---- - m of o f calamity, and we fear that it will be viewed in no other ti -1 y offence, that my remarks on the Government • Blt Sairt George, nirit throughout India generally." ti • are obviously in violation of the sr b dore Now 1 put it to my friend, the . Honourable . Baronet, who ' lose rules to which my particular emotion has it pose resided swine years at Bombay, if, on - Mr. -Etphinstont'a Sr. s T i n e called." This, then, is. clear, that, en °tepee rival to take charge of that Government, ha had been hailed I the Mr. Buc.kingliam to have been in Igo ti res to by such a salutation, and the first moraing thin he upeeed his ;e r ten he thou g ht. proper.. to give a . black edged re trihree eyes at Bombay, he - ehreild . have enter upoe lis h kf be e 4 1 ridiii , because : Mr. Elliott was to , be continued ' l 'oo i roa est table , years longer as 0 overnor of Madras, an d to teach the En 1