The British Press; or, Morning Literary Advertiser.
London, England, 1819-12-07 00:00:00

LIBELS.

Lord Si DMOVTII -1-e to mote the second reading
of the Bill tor ilie inure effectual prevention and
pnnishmettt of blasphemous and seditious libels.
The title of the Bill, olieerved the Noble Viscount,
expressed its object, which was to check as far as
possible the dissemination of such libels as tended
to lortug into contempt the religion of the country
✓od she institutions on which the Government was
established. It was proposed for the attainment
of this purpose, to give the Court of King's Bench
■ di,erettititary powt r to visit with increased severity
of punishment the crime of libel tit cases of is se-
could colivieitoo, extending even► to banishment
and transpurtotion, It was not intended to inter-
fere with the laws as they stow stood, so far itS they
related to a first coriviction, but the licentiousness
of the press had increased to Poch a degree that un-
less some metros were adopted for checking a repe-
tition of an offesice so injurious to society: the
worst cosisequerices might be apprehended. With
these general observations, lie should now content
himself with moving the second reading of the
Bill, reserving to himself the right, if he found it
siecessery, of again addressing the House during
the course of the evening.
Lord ERSKINE complained of the reserve of the
Noble Viscount in not entering specifically into the
provisions of his measure, and exploitong its neces-
sity, character, and principles, instead of waiting
for a more advanced period of the debate. He
complained also that the preamble of the Bill was
no less reserved than the Noble Lord in expressing
the necessity of such an enactment. Instead of
stating any mischief that required the interference
of Parliament, or chewing how the existing laws
were insuff►cient, it coldly recited, Whereas it is
expedient." This was an important defect which
was tort supplied by the Noble Secretary. It fell
to him, therefore, to apprise their Lordships that
the Bill related both to blasphemous and to sedi-
tious libels, two offences totally and essentially dif-
ferent. In blasphemy there were no shades or
degrees of guilt. None but a wicked man could
write i blasphemous libel, but a writing which it
may please an Attorney-General to call a seditious
writing, might be composed by a moral and hottest
man, a frieltd to social order, and a firm supporter
of the Gave 11111 l ent in the proper a:•ceptation of the
term. Were the present Bill calculated to repress
blasphemy the whole country would vote for it,
and no one could be more forward its support.
log it than the individual addressing their
Lordships. The crime of blasphemy was the
moat revolting, as it was the most cruel injury
that could he inflicted. Look to the poor man sur-
rounded by his infant family, having perhaps no
bread to ►till the clamouring* of their hunger—
even lie has still a hope and consolation, founded
on religion, which bi‘ls him look to a blessed futu.
rity, when lie shall be greater than the greatest,
and happier than the happiest upon earth. How
dreadful was it to break in upon his store of comfort,
and deprive him of the only consolation of which
the severity of fortune had not bereaved him!
But he affirmed, from the great experience of a
lung professional life, that the present Bill was not
eslculated to deter the blasphemer, and that the
object which they all had in view, would be best
attained by a rigorous enforcement of the law now
tit operation.—(Near, hear.)—ln confirmation of
this opottoit, lie informed the House that when►
he fist came to England, and, indeed, when lie
first went to the bar, there was a species of
publications almost as injurious in its nature, and
perhaps more difficult no repress, in extensive cir-
colation—lie meant obscene prints and writings.
They were as prevalent at that tune in Eng-
land, and were sold as freely as they are now on
the Boulevards. or in the Pubis &gale of Paris.
The Society for the Suppression of Vice under-
took to put them down with the existing law, as-
sisted wily by subsctiptioris from private indivi-
dusk among whom the late Bishop of London
was mot( einineilt, and they completely succeeded.
Of this he was well apprised, for he represritted
the Society fur a considerable time in the Court of
King's Bench. With this example before lino,,
was lie not justified in asking why the Attorney-
General dirt tint endeavour, by the same means, to
repress bl ►sphemosta and vtrlitusts publications ?
No such exertions had in fact hero made, for either
no prosecutions whatever were instituted, or the
select of objects was badly and injudiciously
made. A prosecution was commenced against
I lime, fur a kind of mongrel production, half.
blasphemous, half-seditious, and Hone was ac-
quitted, be would not say whether justly or un-
justly, fur beisi acquitted by a Jury of his coun-
try, it was ion tor him again or try him. Ile ob-
served, that when the Act of Habeas Corpus was
suspenthd, the Age of Beason was in circulation,
and yet WI attempt was made to suppress it.
But in None's case no count was inserted in
the indictment changing I with► • sectitiour
libel, yet to the parody on the Litany there was a
passage to this effect--" 0 Borusighruongering
I House of Commons, proceeding from all impurity

and uncleanness, have mercy noon us !". If a
charge of .editious libel were e rounded aim this.
he c4oriti f envy an advocave otbin smog a Jury of II
honest men, and saying. that ilo. IFuu.r of CUM.'
Mona, so constituted and calumniated, oaf the very
House of Conning's that we...A the 13,11 of Bight.;
that it Was this very House of Commons, so doom:-
toted and so calumniated. that passed the Act of
Halms Corpus; that it was tins very House of
Commons, an constituted mud so calomideird, that
passed the Libel Law, under which you, Gentlemen
of the Jury, now exei cow. your prisilrges, and %licit
you must be careful not to 'those, and while this
House of Commons retuning a part of the Legisla.
lure, it is entitled to your protection. If mine such
append were mode to any It honest men its the coun-
try, he could not but think that it would I,e,,ve
suc-
crssfol. The present Bill can:awed a dense moth*.
rising the seizure of the offending ptiblicsiion after
verdict, but it contained not it word about a new
trial : so that a man might hr resonate, in July or
August, aid not have an opportumty of wing for
• new trial until tile fvllnwiv.g November, sod to
the mean time he was deprived of Ins property. fie
team ked, that, in the case of the Demo of St.
Asaph, a conviction was oloairied—yet, when •
motion was made for arrest of judgment, after two
Counsel were heard to prove tue libel, 1 (said Lord
Erskine) ruse to argue that the facts proved did out
constitute a libel ; but Lord' Matisfiolti told me
that I need not give myself troy trouble, and the
motion was granted. The Noble Lord alluded
briefly to Mr. Stockdale's cow. and then obseuted,
that the measure now proposed, instead of checking
libels, would rather tend to eneounnee ilietn—for if
the people felt no confidence in PArliainent. owl
saw that they Were in danger of losing their birth-
right of freedom, they must look to some way of
emleavouring to maintain it by expressing their
opinions. If he were to advise the people how
they were to act, lie would say, give up your will
'lotions of universal suffrage and mutual townsmen's.
which must bring ruin upon your country, stick to
your present Constitution, and if y 460 unite firmly,
and express your op• ms.sternigiy, it will be int-
possihle to affect the integrity of your freedom.
In a low and rather indistinct tone of voice the
Noble Lord spoke of the seizure of Ilarriugton's
Uceasa by Cromwell, slid of the application made
in favour of Harrington by his daughter to the
daughter of the Protector. On that occasion Crom-
well magtienimuusly exclaimed, that if his Govern.
merit were fit to stand, it could not he affected by
paper shots. The best mode, he affirmed, of repress.
lug blasphemous and seditious libel,, was to-exert
the force of the existiog laws, which would be
Garold sufficient, fur every repetition of • libel
was an aggravation of the offence, mid if soy to-
dividual were desirous of trying his strength with
the existing laws, he would in the end find himself
mistaken.—(lfear.)
The Earl of HA RROWNY observed, that he could
collect from the Noble Lord his intention of votritg
ageing the law, although he must confess that lie
could not discover in his speech one urgument from
which that intention could he fairly inferred.
The Noble and Learned Lord commenced by say-
ing, that there existed a great difference between
blasphemy and 'sedition. This no man could deity ;
but when the Learned Lord declared that in
phemy there were no shades of distinction, no de-
grees of guilt, he could not assent to his doctrine,
and he would appeal to all who heard hiin whether
their Lordships did not discover the utmost diver.
sits/ in the publications which now inundated the,
country ? The alarming increase of these unbhca.
lions it was that demonded increased energy on the
part of the Legislature, but no increased *evenly
of punishment was threatened, except in case of
second conviction. He admitted that a repetition
of the offence at present called for an aggravating
of punishment; • term of imprisonment might Le
extended, or a fine may be increased; but nulrsa
the quality of the punishment was altered, the ob-
ject of prevention would not be folly accernpliehett.
tie contended that they who proposed the mentor of
correcting the shines of the press were the best
friends of its liberty ; they only pruned its licen-
tiousness to secure its eternity.
The Marquis of LA NIIDOWN commenced by ob-
serving, that he was prepared to admit the net:nail
of correcting the licentiousness of the press, and of
devising new measures for this purpose if the exist.
lug laws were insufficient But what iufortnatiors
had been given to them to prove their insufficiency,
and, above all, to thew the necessity of applying
to a misdemeanor • punishment hitherto anitexed
to a felony ? lie was sure their Lordships would
not be led away by the vulgar notion entertsitred
by persons out of doors, who, from the moment
they were aware of the existence of any mischief,
thought no punishment, however great, unfit to be
applied for its corre • : but their Lordship..
practised in legislutiun, knew how important laia
the questiors of regulating the quid iy of the puoisli-
ment by the nature of the offence. How could
they then, without miry assurance that the eitis!mg
laws had been fairly tried. with evert the certaot
knowledge now on their table, that for a long pc-.
riod of tone the laws lusti not been put in force, send
that not until late in tOIB were any prosecution,
commenced—how could they courent to adopt nen
laws. and effectually to change the character of a
MOM important branch of our criminal jurispra.
deuce? The clearacter of the law or libel, as
given by Mr. Justice Blackstotte, was that of
mildness sod mercy, but that it dealt etfectutitiy
with this particular chow of offences. He re-
marked, that the punishuseirt of tratniportatiou
was wholly inapplicuble to this kind of offence.
that it was in itself unequal. and Was partici).
lady inappropriate when applied to these indi-
viduals who were most likely to compose eveh
writings as would be termed Isbellaas, Ti ,e
threat of so severe a punishment against such, •
class of persona would revolt the minds of Jurors.
and preveut them from convicting ea individual,
shell They were aware that ley colovicting him thwy
would probably consign pins to this extravagantly

severe punishment. What had ever caused Juries
to obeys an uatvillingoess to convict but the Map.
propriate seer rity of law, which sometimes induced
them even to transgress the letter of the statute,
and to form decisions almost inconsistent with sense ?
He remarked that Bonaparte, whose extraordinary
uppreheiwion rif the freedom of the press was one of
the defects his ninlereteuding. never contem-
plated ow severe a Pithishasent as transportation,
well knowing that the very *reedy of the law would
defeat his own object; and alluding to the infor-
mation that has hers, 'filed against the lion. Baro-
net. the Nleinher of lVestminster. he asked whether
it was probable, if this prosecution were ineuttuted
after one convict , that any Jury would find him
guilty ?
Lord Et.r.EN.Dottoucii expressed a hope that the
lataspliefnons Mid seditious writings of which they
all complained, had not so far alienated the 'Midi
of the JiaryMen of England, as to prevent them
from prolumncing an honest verdict upon any case
which was fairly submitted to then,. The Noble
aunt Learned Lord who spoke second in the debate,
had complained that a new quality of punishment
wa. introdOced by this Bill ; but if, as the Noble
Lord had admitted, a prosecution had only the
effect of patting money in the defendant's pocket,
it was advisable that some other mode of punish-
ment could he devised than that which at present
existed : and indeed what greater crime could br
committed against society. than that of destroying
the foundation of all institutions, of depriving
men of all hope, all consolation, which in parti-
cular affected the pour mass. and destroyed his
only wealth and dearest possession ? What greater
crime, or deserving of severer punishment, could
be committed, than that which undermined our
Coeatitution, which made mi., what he trotted we
mould again shortly become, the glory of freedom
mid envy of the world !—/Hear, hear.)—New
regulations were absolutely urcraaary when they
considered the present state of education in the
country. Parliament could not give the people
knowledge, they could give them only the power
of acquiring knowledge, end it was for Parliament
to prevent that power from being abused ; for un-
less education, such as the people in general polo-
sesstd, which was nothing snore than the power
of reading and writing, was founded in good
morals stud loyal principle., it only extruded
the sphere in which libels acted. The libels whirl)
had been disseminated went to dissolve the ground-
work• of the Constitution, and it was, therefore,
that he desired more effectual means of checking
then] than existed at present. This would be at-
tained by the present Bill, and noiliwitlodimuling
the apprehensions entertained by the Noble Mar-
quis, he doubted not that its provisions would be
found effectual.—lllear.
Lord HOLLAND declared, that of all the me,-
lures which had come before Parliament, or were
still threatened, not one was possessed of greater
deformity than that which was then before them.
The only ground urged to the House for the adop.
viol, of this measure was the vast increase of blas-
phemous and seditious libels ; but was that alone a
warrant for altering the laws and consitution of the
country ? The Noble Earl at the- head of the
Council (flarrowby) had, indeed, offered an-
other pretence, which was no less abau a great
late of liberty ; but lie had ever observed in
parr; amee my logic, whenever a project was
formed 1... r pickirg their pockets. under the '
',eine of • tax, it was always justified by a tire-
fence of an extraordinary care of their properties;
iitid in the same manlier, whenever an inroad was to
be made into the Constitution, it was done with a
sincere regard for public liberty.—(Hear. hear,
hear.)—He admitted, that an increase of blur.
pliemous libel,' formed a very disgusting feature
in the present state of the country, fomented as
lie believed it was by the malicious connivance
of Minister,. but he denied that it formed any part
of the existing (Integer; on the contrary, he be.
tiered that in these blasphemous publicetions was to
be found a port of their strength. Tiii+ opinion he
formed from a conviction that the people of England
were deeply imbued with the principles of the Clir:s-
tian religion—(Hear)—sod if King, Prince, or
demagogue were to avow blasphemous or infidel doc-
trines, be would goon timid himself deserted by the
people. Let them look to history, and they would
fluid that those who were most elevated by popular
commotions in this country were men of very diffe-
rent seiitiments, and he firmly believed that at the
present moment if any individual were to seek for
power through revolution. he would find the old
Cromwell method the must effectual. Were not the
present laws sufficient to put down the evil coin-
iilained of ? It had been *eked, why they had not
been enforced ? but no answer was returned by Mi-
nisters. On the prosecution of the publication of Mr.
Hone. he hail heard it said that lois acquittal was a
pionf that Juries would not do their duty iii blas-
phemous cages ; those who were guilty of saying so
were guilty of the greatest sedition against the most
tittered tribunals of the country. A Noble Earl ad-
mitted that they were going to establish, by the Bill,
a puiii.lonent not hitherto known—that they were
gniiig in make the master miswerable for the con-
duct of his servant. Suppme the servant of a book-
seller or ■ publisher sold a book which could be
made tint a libel, the master is net allowed to skew
that lie was ignorant of the publication, although at
the moment it was 'mid by his *errant lie might be
emploted by his Majesty's Government in putting
down u riot, yet, for a 'second offeoce, lie would be lia-
ble to transportation. But lie was told that that laid
in the discretion of the Judges, but the summit
that they might neglect to use that discretion pro-
perly was enough for his argument (Meat', bear).--
On the conviction for a second offence, it was suf-
ficient for the clerk of the peace to read the first
conviction for a libel. which in itself was so unde-
fined, this, no two men could agree its to what libel
%,;1•1 ; iu alower lie wies told, would he put the
Crown to further expense than that summary way,
he that *ltself jeslous Ul its expenditure ? He would
the,, answer that he would. The puoishineot of
banishment was new to this co iiiii ry ; did it mean
that they would send men out of ? If that
was their Lordshipa' meaning, they had better look
to whit effectit would have oil independent public
men : that great man Addition escaped, but Sir
Richard Steele did IMO, for lie was even convicted'
of et libel. Would they then • asy that they would
wild such men to Botany Bay alter a second eon.
Mellen'? He would with their Lordatips to look-
s. the poor vendetta a newspaper. who, with his horn,

U.

awoke them in the morning, sometimes with a loyal
address from one of the Univet.ities to the Grown,
and at another from the Radicals; and he was also
liable to the prosecution of the Attorney-General.
Suppose Sir Samuel Shepherd had addressed the
Jury thus on the prosecution of Slr. Hone's parody,
" If you fiod hint guilty on this tudictinesit, and
he should be afterwards found guilty nu another,
he will he transported for revel, years," did their
Lordships suppose that it would make the Jury
find him guilty ? No. it would not ; then so
touch for the greater punishment for the second
offence. It w.neld he the same thing on the second
trial, "if you find this mutt guilty, and being coo.
virted before, we will send him out of the coutery."
He would ask, would this he a stimulus to a Jury
to convict ? io his opinion it would have a contrary
effect. It and been said by a Noble Lord, that
these seditious libels were pnblislied fur gain,
■nd after prosecution the greater the circulation ;
but were they not liable, as the law now stoods
en conviction, to Puffier fine and imprisonment,
which took away from them their ill-gotten gain ?
Would the present measure do more, for may they
not reap the profits, and convey them to Botany
Bay ? Ile saw the Noble Earl opposite (Liverpool)
smile, as much as to say he blew hot and cold
at one moment, that it was too severe and too
trident. Ile would, however, tell him his great
objection to the Bill was, that it armed the Minis-
ters of the day with too much power, and held out
no protection for the subject ; it went to alter the
law of the country by assimilating the punishment
for small faults to that for great crimes, and it
went to put honourable men, who might err in
their zeal, on a level with felons: fur these reasons
he would vote against the Bill.
The LORD CIIANCELLOR said, that the Bill was
necessary for the support of the constitution of the
country. When the Noble Lord spoke of English-
men being at the discretion of the Judges, he would
remind hint that it was a discretion that never had
been abused sitter it was intrusted to them. Whey'
that great and learned man, now no more (Sir
Samuel Roundly), whom he loved and respected for
his great worth, arid he must headliner(' to say so,
for no person knew him better, and he was obliged
to do so from his occupation, brought in his Bill to
do away with the punishment of the pillory, except
in cases of perjury, and assimilating the putiislimetit
for libels to other misdemeanors, there was not
a word said then about the discretion of the .fudges.
What punishment was it in the !power of the Judges
now to give for the most blasphemous and seditious
libel ?—nothing but fine and imprisontnent ; and
what benefit wits it to impose a fine on a person
not able to pay ? They might have prosecuted each
number of a libel ; but where was the punishment,
except fine and imprisonment, as that of the pd.
lury was taken away ? It was in his opinion ird.
pos•ible to do away with the happiness of the pen-
plc of England until they had been subverted
from the religion of the country ; this had been set
about by distributing blasphemous publications by
waggon loads. The mars wbo sells them is guilty
of a libel, and so also is the man who gives them
away ; but the law of the land is not sufficient to
meet the case. lie would be the last man to say that
Juries did not do their duty; but sometimes Juries
miscarried, unil it was one of the great beauties of
the constitution that all parts of it were fallible.
But if these publications were allowed to gn forward,
there would be an etid of Juries, for the compact
they were held by would be gone. The question
they had to dispose of was, whether they wire or
were not satisfied that these blasphemous and sedi-
tious libels should be suppressed, and if they
thought they should, he would tell their Lordships
that the present law. were not sufficient fur that
purpose. They were called on by gratitude for
the happiness they enjoyed under the coustitution,
to provide some legislative measure to put them
down.

Earl GREY said, he was sorry, from his state of
health, that lie was not capable of doing that jus-
tice which he wished to the question. He was well
aware that his opposi►ion would be liable to the
same taunts from the Noble Lords opposite that his
Noble Friend (Lord Holland) had experienced.
The present measure called fur the list. rposition
of every lover of his country. The Noble and
Learned Lord on the Woolsack went to chew by his
arguments, that the Judge. were vested with unli-
mited discretion ; but would not he admit that this
was an evil, and if lie did, which he must be obliged
to do. there Wllll en end to his argument. Was it
because that the punishment ()film pillory was done
away with by the Bill of his ever-to-be-lamented
Friend, that the Judges should have at their discre-
tion transportation and banishment ? He hided the
talents of the Noble Lord (Ellenborougli), who had
mode his maiden epe?ch in that House that night,
as they shewed that much might he expected fruni
him hereafter. Bin the Noble Lord said he up-
proved of the Bill, because it went to put down the
seditious libels which had gone forth. Ile would
defy him to define what was a seditious libel ; if he
did, lie would be the first that ever was able to do
it : for whet at one time might be considered a
limitable effort to raise the spirit of the people,
might he called at another a sedition, attempt to
raise the people against the Government. It is
said that the elnlllify is inundated with blasphe-
mous and seditious libels ; the first certainly differs
much from the latter, and there could be do man
more disgusted with the former than lie was, but
lie did not apprehend danger from them, or even
sit injurious taint to the morals of the people of
the country. If a person wanted to Reek confusion,
he would meet greater success by fanaticism than
by blasphemy. Had they not evidence in former
times of it ? Had they not an instance lately where
the leaders of the moat corrupt thought it neces-
sary to deny that they the tenets of Mr.
Paine, or that they hail ever read his Age of Rea-
son ?—(Year, hear.) —l'he Noble and Learned
L•rod had told them of Isis confidence in juries, end
that every number of is libel that was published
might lie prosecuted.. Then if it was followed up,
grim will deny she law, as it now stands, is not
stifficiesit to put them down ? He says the publis'oers
ate instigated by lucre lucre ; then would
oil each convic7ioo reduce it ? Noble Emil
then took a review of the history of libels from the
time of King William to the present day, and then
said, that fur it few years back. at every cry of
diniger, the Crown gained every thing, and the
people became the loser►. He looked on the pre-
sent Ultilitlfe as One of that nature, foe instead of

alleviating what was complained of, it went to odd
to the complaint. The spirit: of the Radicals had
fallen until they were again raised by the proceed-
ings of the 16th of August, and so they would he
raised after the passing of these measures. He
looked upon those laws as an inf. ingement of the
comaitution, and that they would tend to the
destructiou of it. lie hoped, however, that he
might be deceived, acid that they would turn out,
as his Majesty's Ministers had prognosticated, and
be the presersati (((( of the constitution.
The Earl of LIVERPOOL. Paul, that the opposi-
tion to this and the oilier Bill: was grounded on
the same argument, that there was :to danger from
the proceedings of the people. Bui who doubted
that there was danger from these publications'
The quest• was, how long the people of England
were to he cositinned a reltg• people, when they
considered the number of these publications pub-
lished, mid their Lordships moat know that there
would be reader. found. The Noble Earl then in
• long and •rgosnentative speech, contended that
the measure was necessary for the preservation of
toe Constitution, and fur eve►y thing that contri-
buted to aerial order iu the community.

The Eorl of CARNARVON admitted the propriety
of some of the measures proposed, but the present
Bill went to innovate the great bulwark of the Con.
stitution,the liberty of the inert,without bit, Majesty's
Ministersatooping to snake an apology for introducing
it. lie would cosisider it his duly when their Lord-
ships weld into a Committee on It, that the operation
of the Rill should be restricted to • short period.
Ile was not opposed to the whole of the meusure;
some parts of it moy be necessary. It wns, bow.
ever, an experiment, and looking to the system
now acted upon in Germony, sod particularly in
honorer, he hoped the 'Moister of the Prince
Regent of England would not imitate the example
of the Minister of the Prince Regent of that
country.

___....„.
The Earl of BLESINTON said, before Ministers
visited seditious libels with such severity, they
should first define what seditious libels ■re. A
Noble Lord had said, that ally person who gave an
opinion against the conduit of Ministers, lent his
weight to the disaffected. A Noble Lord, accord-
ing to this doctrine, iu discharging his duty, and
f•oirly stating his aeutiments, might by the present
B•Il render himself liable to be hanged. Until
therefore he heard that it was not intended to be ■
permanent measure, it must have his disapproba-
two ; neither should lie have any confidence io
Minister., until he heard that it was intended to
propose some measure of conciliation, not merely
w measure to protect the well-known rights of the
people, but also to remedy their distress.
The Duke of SUSSEX spoke in praise of the
Laocaoterian ['totem of education, of which he was
an active patron, noticed the great and rapid in-
crease of information, and suggested the evil el-
frct which the present measure might have 011011 its
future growth. He could conditionally agree to
the Arms Seizure and Military Training Bills, but
against the present Bill he protested in into. It
appeared in the papers laid upon the table, that
Ministers were apprized of the state of the country
in the late Session of Parliament ; and if it were as
they now represent it, they should have noticed it
before they allowed ■ prorogation to take place.
Seditious libels had also been in course of publica-
tion for years past, and yet they had taken no paius
to punish them and put them down. Until he
were convinced that all the measures that might
have been taken for the public safety had been
taken by Ministers, he would not encourage 'their
neglect by vesting them with arldirtt;tial powers.
These being his seniimentii,r he could not consci-
entiously support the present Bill.
The Bill was then read a second time, ordered
to be cotutuitted to-morrow, and reported on
Thursday.