The British Press; or, Morning Literary Advertiser.
London, England, 1825-05-24 00:00:00

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Learned Friends would contend, that every pulse/ Wu In India
should be subject only to such restraints as they 1111111 steb.eet to in
England. Hut it was not all countries that were by an
ancontroled press, which was adapted only to free 101.0401 for
such was he effect. that If the pet . was free it would seen make
the country free. Now, he would ask if the Government of India
wash free Government ? Was It like that of England—and if not,
what was its nature ? Why the whole Inielative and Executive
power was vested in the Governor in Council, and he had the power
of sending home any person who was coisidered dangerous. A
free press was adapted only to countries that depended upon the
good opinion of the people. Now, it had been stated, and he sou
ready to admit, that the tiovemment of India depended more for die
security on the•drend the native had of their power, and this
feeling was absolutely necessary, where an great a mass were go.
vetoed by aufew. It was the opinion of Sir John Malcolm that
Eng Land must preserve her ascendancy at all hazards, for that if
once her power was doubted, that power would In India cease to ex-
ist. Agate, a tree press sou adapted to a country in which the
people had a share in the government of the country, but such was
not the case in India ; ens how then was the Government to defend
itself against attacks of the press °—Not by replies of a similar na-
ture, because the natives would immediately suppose that the Go-
vernment was attacked only because it had not power to put down
dune who attack it. It would not be just to consider the question
there as it enght to be considered here. Would it he discreet to
shock the prejudices of the nal ive, in alarm the discreet, and to in.
fuse appiehrwions into the minds of dependencies and allies? Their
Lordships eh, ould remember of what heterogeneous materials the
empire of India was composed ; there they had to tread upon pre.
carious ground ; that their path lay
" Per ignes
Sup toe eineri doloso."
Were those principles, then, on which his Learned Friend had ar.
gued, at all applicable to India ? and ought not restraints to exist
there which here, perhaps, ought not to be suffered ? However,
In any case in which any person considered himself eggrieved, there
was redress to be obtained here. A discussion, although it could
not take place in India, might take place in England before the
Court of Directors, or before the !House of Parliament. That the
communication of knowledge in India was very desirable was be-
yonff question, and he was ready to admit its imporunce ; but how
was it to be extended to a country situated as le-lia was ? Surely
it could only be entrusted to the Government, and not to the rash
hands of an individual.—[The Learned Sergeant here quoted a
passage from the work of Sir John Malcolm, in support of his ar-
gument, that knowledge should be communicated in India slowly
and with great circumspection.]—The inhabitants of India were as
different from the inhabitants of England as it was possible to be.
The hlitidoos had been compared to the sensitive plant, because
they felt keenly those little things of which others, differently con-
stituted, would take nu notice ; and if any individual who went out
to India were allowed to write what he pleased, to what con-
sequences -might not such a power lead ? Their Lordships
would not think that such a coarse could be safely adopted.
if they meant to preserve that extensive empire. The Learned.
Sergeant contended that the regulation was not repugnant
to the laws of England. It had been always competent for
the East India Company to prevent the circulation of any papers
which it deemed dangerous to the peace of that great empire; much i
stress had been laid by his friends on the other side on the form of
the Company's charter, which prohibited them from enacting any
bye-laws, not in accordance with the laws of England, which evi-
dently meant the laws of England, not as applicable to England,
but as applicable to India. In support of this position, he cited
the authority of Sir W'. Grant. who asserts, on the authority of
Iliackstone, that all the English laws were applicable to all the
colonies. With respect to restriction on the press, there was hardly
any period daring which censorship, under some shape, did 'not
exist. During the administration of the Marquis NVellesley cer-
tain rules were prescribed to which editor were told if they did not
subscribe they must be sent home. At one period doubts were
raised whether an individual could be sent home, unless that he
might be tried for some offence, and therefore it was enacted that
persons might be sent home though there was no intention of har-
ing him tried. If the words in the charter were to be interpreted,
prohibiting the Company from enacting any laws not conformable
to the laws of England, it would have the effect of saying
to them, " you shall not legislate at *IL" Many regulations
existed in England which ware by no means applicable to In-
dia. It sou for their Lonlshirs to consider whether a measure
such as at present adopted, rot only by the Court of Directors bat
by the local Government, more immediately under the control of
his Majesty, was not a salutary one. His Learned Friends who
were opposed to him on the present xartion deniel the truth of the
presmble, and called for the proof; they nay that the individual
injured was tint the only person warranted to make that demand,
but that it was competent for any one to question every statute
made in India at their Lordships' bar. Could his Lemma' Friends
show a single English law which said the local Government should
not interfere with the press, or impose restrictions on it? Even
in England, since printing was known in it, it was always subject
to control ; at present there were such things as prerogative co-
pies—bibles, statutes, far instance, which no individual without a
licence from Government could print; who could say that there
were not other things besides these which it would not be advisable
to prohibit the printing of in India ? It was quite as vain to apply
our morals or maxima to India, whose manners were even more
unlike ours than their persons; as well may we send out (said the
Learned (ientleman) a collection of clothes to their sepoys; as well
may we administer ardent spirits to the red inhabitance of America,
and merely because Englishmen are driven to madness by them,
expect that these savages will be quiet whilst under their influ-
ence. Experience, however, shows that they are urged to acts of
the maddest deueiption that all the worst passions arc excited, and
that bloodshed and massacre ensue whenever they drink to excess.
It is not interded to withhold any thing safe and reasonable from
the Indians, but "milk i4for babes and strong meat for men." The
subject was one of the utmost delicacy—if any rash or hasty change
took place in India, that country might be lost for ever to England,
and not merely last to this country, but most probably tall into the
hands of sonic other European Power.
Mr. Sergeant SPANX/E followed on the same side. The Go-
vernment of India had been moat grossly attacked ; was it not then
to arm in self-defence against an establishment set up in avowed
hostility to it? Milton had been much quoted by his Learned
Friends on the opposite side; when he wrote, there existed, he be-
lieved, 49 regulations with respect to the press, from the very act of
licensing frown to the whipping a ballatl-singer ; the mode too of
whipping him by the constable was fixed with a provision, that he
should be himself whipped if he foiled to inflict the proper punish.
snent on the poor ballad-singer. Somewhere in his book, :Hilton
says, that " hooks are like the dragon's teeth, which may spring up
armed men." Was not that very declaration calculated to alarm ?
The Learned Sergeant, after sonic limber observations, in which
he set forth the disadvantage of a free press in India, said that be-
fore the late regulations it was constantly teeming with the most
unjustifiable slanders, was embittering nodal intercourse, was a
kind of perpetual blister, a perfect sirocco. If a tom but chanced
to upset another with a gig, he was now called on by name, and a
rule obtained against him to show cause why he should not answer
fur his conduct at the bar of a newspaper next day.
Mr BROUGHAM said, he had been taunted for his silence, he
was challenged to make a speech, and wished therefore to give his
opinion.
The COMMON SERGEANT said, that vnless their Lordships
petitioned his Majesty to make his Learned Friend a Privy Coun-
cillor, he did pot see how he could well give his opinion. (A laugh.)
The Cost MOW SERGEANT then proceeded to reply; at the con.
elusion of his address the I liamber was cloud. Their Lordships
subsequently separated without coming to a deciSion on the guts-
tion submitted to then.

OLD BAILEY SESSIONS, Niosnay, MAY 23.

Henry Ale.9f2 was indicted for obtaining of Mr. Charles
Walker, linen-draper,sundry pieces of lutestring and grog de Naples,
value 251. his property, by means of a forged order.
There are three other indictments charging the prisoner with like
offences, each indictment containing several counts.
The prisoner, who is a genteel-looking young man, pleaded Not
Guilty to all the charges exhibited against him.
The value of the property (principally silk goods) amount in the
aggregate to several hundred pounds, and the issue of the inquiry
is looked at as a matter of intetest to persons connected with the
silk trade.
The prisoner was then put to the bar upon one of the four
indictments, which charged him with obtaining unlawfully a
quantity of lutestring, &c. on the 241 of April last, the property
of Wm. Leaf and Cu., the value whereof was laid at upwards of
SOL _ _ .

Mr. BRODE atc IC stated the case for the prosecution. The pri-
mer was charged with a moat extensive fraud, which was corn-
plead by means which were very'nearly allied to one of the most
natal dream in the land. The prisoner had formerly lived with
&Ir. Walker, a linen-draper in the Commercial-road, and he having
left his service, by means of counterfeit orders he obtained upwards
of 00/. of goods in one week front the prosecutors.
Evidence haring been called to prove the case,
Mr. LAW addressed the Jury on behalf of the prisoner. He
stated that the prisoner was anxious that his case should undergo a
public investigation, therefore it was that he had not pleaded guilty
but threw himself on his peers far trial. Ile (Mr. Law) would not
attempt to extenuate the offence alleged against the prisoner, for he
was oppressed with a sense of the guilt which he had comn.itted,
and hoped that his offence would be visited with a lenient sentence.
The Recoanen summed up the evidence, and observed that
this indictment was framed under a wholesome Act of Parliament,
which punished persons fur obtaining goods under false pretences.
forged orders, &r. ; and by the provisions of which Act the Court
could inflict persons convicted of such offence44 with seven years'
transportation, or such mitigated punishment as the Court might
think proper, or the circumstances of the case might warrant.
The Jury returned a verdict of Gui/tp.
The RwcoaiEs said that the Court could not but pass a severe
sentence upon the risoner. In this case lie had obtained rads of
the value of 00!. front one tradesman, 70!. front another, led 91.11.
from another ; unless such transactions were treated with sevelity it
'said be ruinous, as it would be impossible for any madams to
bear up under such a succession of frauds.
The prisoner was then sentenced to lie transported beyond the
seas for the term of seven years.
The other indictments were not proceeded in,
ROBBERY BY A SERVANT.
William Gower was indicted for stealing, on the 2d of April,
150 prints, the property of Rest Fenner, his master, and Ana
Orley was indicted fur receiving the same, well knowing them to
have been stolen.
The female prisoner is a fine-looking young woman, of rather
unusual height, and was attired in an elegant white dress.
lir. WALLA ND stated the case fox the rosocetioa. The prose-