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

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as wan Use-
nd rasiiimat
retpianiFfor
Art:Nl einor
nalftbisgatig
of our ansetasanu to prove that the late regulation In tail Imam
repugnant to the law of laggland. The law of &OW Poooidos
a remedy after the iajory *Gime. The regulation feeds Maly to
destroy that liberty of vMth, is every hes soaliary. In
the hest security of eft ersallas. Witham tiring
their Lordships by into aii_y_detalla on such a nuking. or
141=,
mooting the law as Uhl wit by Blackstone, he would go on MP
show the impoliqy of the new restrictio.:, and argue the question Co'
the great principle of Its expediency. He Implored their Lord-
ships to follow the advice given by Mr. Burke to the House of
Lords, not to mind municipal laws, but to decide on larger prir.-
(Spies and more extended views. The Learned Gentleman thou
proceeded to argue the inexpediency of the regulation for,
licensing the press in India, and the total absence of any
facts to justify the measure. In support of his argument he quoted
several presages from Milton's celebrated work on the freedom of
the prem. and went on to say, that on looking over the names ofshe
distinguished individuals by whom this regulation was supported,
the first watch °marred was that of Mr. Sergeant liosanquet, who
had come there to sanction, in his official capacity of Counsel to the
East India Company. their act, and of course say that this is a
sutra salutary law. The next name was that of Mr. Sergeant
Bpankie who having been instrumental in framing the regu-
lation whilst in India, most naturally came forward to defend
Ids own act. The third name on the list was one which
the people of England was expected to see first in every
muss—it was the name of Mr. Brougham; he was not brought
these to grace tbeir cause—not brought there to lift his voice. or
use his mighty powers—he was paid, not for his voice but his silence.
He (Mr. Denman) was glad that that individual did not now hold
that station at the bar which he once did, because he never broke
silence without adding countenance to and dignifying any cause
which hail the force aids advocacy ; there was his name, and name
alone, stet womints umbra ; he follows where follow he ought,
elsewhere lie leads; in miry attack on arbitrary power, whenever
despotism was to be arraigned, then he is first. Next on the list is
his Learned Friend, Mr. Tindal, who, if he had an opportu-
tunity, would rot fail to exercise his great ingenuity, and press
every possible analogy in support of his cause, but he, like Mr.
Brougham, was condemned to silence. The Learned GenAentan
went on ta say, that if he were to enter into a discussion how far
arbitrary power over the press should be tolerated, he could show
that in every instance where such control was exercised, it was
abused. How much more objectionable, then, must this
dominion be, when exercised by persons deputed for that par.
pose. The system of licensing newspapers was infinitely
worse than any censorship which could possibly exist. Under
the fanner regulation nothing could ever reach the eye of Go-
vernment; those interested in the continuance of their licence
would never insert any thing which was disagreeable to those who
tad in their hands the power of immediate punishment. Under the
censorship, however, the very blanks which often appear In the
columns of the newspaper, conveyed the information that informs.
tion had been suppressed. The regulation now established in
India went to the total extinction of the human intellect. lie
would venture to suppose that there existed in England a newspaper
erhith lived on private daily slander, whose emolument was In pro.
rtion to the ruin and grief and anguish it inflicted on others ;
est chiefly preyed on female character, and selected one illus-
trious individual of that sea, which it drove into solitude exile,
banishment, and ultimately to death, and held the tenors of its
contaminating touch over, and vented its virulent disgusting abuse
on, every female of rank who associated with her—that it had been
repeatedly convicted of the most foul libels, not only on the living,
but the dead ; that the trials were remarkable for nothing but the
malignity of the offence, and the extraordinary mildness of the
punishment inflicted on the delinquent--that the libeller wits sup-
posed to enjoy the protection of Government, nod, like the libellers
of former days, this malignant wretch couched under the shield
cfGovernotent, and converted every new abuse into a new privilege:
If such • paper as this existed in India, for we may suppose an
individuai having some speculation in his character, goes to that
country to establish a paper, blazon on his front the nameof the
• English Journal, adopt its calumnies, and attack sot Government,
but private character—he would suppose the editor to say, that he
must first destroy the moral character of Mr. Buckingham as
the best means of injuring his property—that this editor was
tried before the Supreme Court, and that the Judge, Sir
F. ii`Naughten, said the libel was so atrocious that a fine of
scoeu rupees was too slight a punishment for it—that the in.
divid mil aggrieved said he pressed not for vindictive damages, and
merely wished for a vindication of his character. lie would sop
pose that amongst the proprietors and editors were to be found the
Secretary of the Marine Board, the son of a principal Director. the
officer who had to make returns of special jurors, who were to try any
v eases in which the piper might be implicated, and that also amongst
them were to be found one of the Aid-de-Camps of the Governor-
General ; he would suppose this journal to be supported by Govern-
ment, and that when one newspaper was suppressed at Calcutta
another was rioting in the abuse of private character; but such re-
putts must always be expected where governments exist. The
Learned Gentleman, after shortly recapitulating his former argu.
enests, and contending that the new regulation in India was not in
conformity to the English law., said, that fur that and other rea-
sons, he prayed their Lordships that the regulation made by the
Governor-General and Council of Calcutta, and registered in the
Supreme Court, be made null and void.
Mr. Jonx WILLIAMS followed on the same side, and said that
the freedom of the press must be ausprood to commence where the
the restrictions ended. The beamed Gentleman, after remarking
on the great benefits conferred by the celebrated Bill of Mr. Fox,
winch entitles a defendant to a general verdict in prosecutions for
libel, said, if the advocates for the new regulation could show any law
in England for licensing the press, then dicta est ratan, their cause
was complete; if not, the opponents of it has calculated theirs. The
Charter of the East India Company restricted them from enacting
say law not conformable to reason and the laws of England ; in
vain was it to contend that " reason" there did not mean revion as
regulated by the law. To illustrate his view of it, he would men-
tion the anecdote told by Lord Coke in his teports. it hen James
the Second was urged by a creature of his for some sinister motive,
to preside in his Lordship's Court, Lord Coke remonstrated with
him, and said that he was not competent to sit in judgment ; to
which the King replied, that the law was founded on reason, and
that he possessed reason as fully as any other man. " True," said
Lord Coke, " God has given your Majesty excellent mason, but
unless you be learned in the law vou cannot nndenttand the prin-
ciples on which we decide. Our decisions are not founded on na-
tural right, but on that artificial reason which we lawyers alone un-
derstand." At this the King waxed wroth. but was again pacified
when told that there were hut two things superior to him—the "laws
and God." TheCientleman, after some further arguments, in which
be insisted on the great necessity there was for having a free press
in India, begged to remind their Lordships that the press was the
means by which the people of that country could express their feelings
A nation so circumstanced did certainly require some check, be-
cause it had no House of Lords or of Commons open to complaint ;
and if the press were a good—and philosophers and lawyers bad
• usually stated it to be so—if it were a good to any country it was
such a country as the one he had described. He would contend
tharsuch a regulation was contrary to reason, however it might
be interpreted. The preservation of property was the object of
rid good Governments, and if he proved that the regulation set itself
all opposition to this principle, on that grcund he would impeach
I. He would suppose the case of a man who by virtue of such
licence formed a printing establishment in India, and embarked a
capital in it, an the taith of such licence. He would suppose such
Rance revoked, and he would say that such revocation would be
a direct attach upon property. - Such regulations were not found
necessary from the first possession of I via until the year Intin.
when the censorship was first established. Before that period
the press in India was placed under no other restraints than the
press in England. Yet it should be recollected what was the
previous situation of India--her situation in those troubles
wrote, before that country was subdued; and surely if such regu-
lations were not then necessary they could not be necessary
now. But the measure was justified on the principle of the Cen-
sorthip, yet that set, which was brought forward in defence of this,
was equally contrary to law and reason. This was indeed profit.
rug by their own wrong, not doing evil that good might come, but
doing evil in order to do a greater evil. Such a regulation would be
against law is England, and was therefore against law in India.
I• or time resasos be humbly submitted the case of the appellant to
Choir Lordships.
)Jr. Sergeant ROSA/MUTT first appeared on behalf of the re-
spondents. The Learned Sergeant stated, that the Honourable
East 'delis Company, although they had deputed him to attend
their Lordships in consequence cf this appeal, dud not con_
mars themselves in the light of respondents. It was imperative in
him to pass by thole topics which were rather foreign to the sub-
ject before their Lordships, and to bring them to the consideration
tot the state of that country to which the regulation applied—to
sonsider the regulation under which the lindsh subjects in India
were placed, being such a handful compared with such a host—to
consider that there they had no abiding city, but were merdv so.
jourbers in the land—to eonsitler that they could not even purehase
a poetitm of the soil, or go twelve miles into the country without a
-licence from the Governor. Their Lordships were aware of the
titetlCe of such restrictions,and their Lordships would decide
ether or not there ware anything unreasonable in the regulation
alley were then sailed upon to cosider. %Vas it possible that a,
eager of any description could be rabbit-led within the walls of

.
O'n=tedd to Instant their enactment existed r and yet,
•selle ot discontent bas sines existed, no recourse w
to tbsoillblirs to redrew them. Be was aware that he wi
=foisetm• might be construed bp a general argument I
t of all lop% sod that it was a greet mistake
" cesnale alieralone bore taken plans in the laws, therafs
laullilis fefaiee‘" fie meedly contended that the falsehood
litTrilliff alablety was established by the fact that no mom
tbat lIIP
111"lieundian Oenovterns' sad
tysligtht
sell, was
tn bi yu
oat i reyeferztiere(t)
mid most uncennkstional avaaure—by a refers
toll bore Giles as dieraa tr. and become a dead
TM &stab to wads I &Reda were the 38th anC
?in%ldll. : ena: ast wale del grievous provbions whio
1 abli, ellot sag alibilser and printer of a tea
s=hrter bb gas ad reridenee. If such a pre
en, hoer Msay Individual to know who it i
reareeffles li !low woo be lo ask redress sakes he knew the
obrodlngked him ? Ths Pia amid not aria unless sst
India were afforded. These were certainly not restrictic
was** liberty al ebeilato diminished bersule means w
i Ala pasty of aseartaning the name and re
or . In tlte owls asses security was requ
tat of lees awed f Übeb drwAnod them
peso. Tturt low IMO Meese se* put in fear. Thougl
I'VZbed beau prossoad mad estrlcted of libel., in no i
.....d. 0.. coed OR IS pay the tines or di
Those kat veal, obeyed the vigilant of the Legislature, a
natural appals W ass preantdost sad adopt measures whit
were 10 be bided lass erect ; there was ther.fore nothing
•