The British Press; or, Morning Literary Advertiser.
London, England, 1819-12-21 00:00:00

NEWSPAPER STAMP DUTIES RILL.

Lord CASTLEREAGH moved the Order of the
Day for the House to resolve iterlf Into r Cum-

A.••••• 400

mitten on the Newipeper Siamp Duty Bill, on
which Mr. MACDONALD rme--

Lord CsarcuttEauti said, that before the (lon.
Member addressed the House. he would state t him
that it was the understanding on a former night to
discuss on the present occasion the principle of the
measure•. without going into a debate on subjects
of detail.

Nit.. BROUGHAM said the Noble Lord most have
been oinkr a mi►apprehension ; it was certainly his
thst both the principle of the inea►ure and
the detail ►hould be debated.

Mr. MACDONALD 1611 addressed the House.
He said. that fr he number mid tit. importailee
of the Petitions presented against the Bills, he
dill expect. as 's matter of justice, aid even of
eustimou decency, that some delay would have
taken place, that tonne time would have been al•
lowed for the consideration of those measures; but
the Noble Lord thus suddenly called upon the
House to give their sanction to fundamental miter-
odious its the laws of England—laws to sanction
restrictions upon the public liberty, and that, tun,
in its most tender point (iwot even excepting the
right of the people to meet and to petition), namely,
the public press.—(Hear, hear./—That dematid•
was founded upon some supposed exigency—
on the incompetency of the cawing laws (lame,
however, which he must remind the House, in-
deed the returns on their table demonstrated it), that
up to the moment when the present measures were
itstroilueed.it was but even attempted to carry them
into execution. To both the Bills, as alleving the
press, lie would, with the permission of the House,
apply hiloself, because, its his opinion. they were
intimattly connected. He thought the same ob-
jections would apply in a great measure to both ;
that they were not intelligible, or practicable could
not be urged ; he had to complain that they were
too intelligible, sod se to their practical effret, he
feared they would be found to go, should they re-
ceive the aasicti ~,, of that House, far beyond their
avowed object. It would seem that the laws which,
during the crisis of the rebellion, consequelit on
their own revolution. were found sufficient—that
!hove laws which, alai the exception of the 38th
of the King (a law which he would contend did
not interfere with any principle), that those laws
which carried them through the tremendous arena
of the French Revolution, now when the world
was at peace—now when it was said that this country
was exalted to an unexampled pitch of civilization,
prosperity, and glory, the Minister and the Law
Officers of the Crown consider those laws itieffec-
tool to suppress the spirit of irreligion and of sedi-
tion. When 31inist.rs made the assertion. it would
have been but an act of candour in them to say the
Lows were only ineffectual its their hands. It seemed
that at the dose of live-and-twenty years of a war.
fare, in which the people of this country displayed
patience. energy, and perseverance beyond all that
was recorded to history—during which they stood
undismayed for years of fatigue, of misfortune, and
disaster, until at length they furnished to the
Doke of 11'ellingion the means of bringing the
struggle to at least a glorious termination—they
were to be told, us the reward of their la-
biors and their achievemente, that liiey were not
lit to enjoy that liberty %Inch their fathers hail en.
joyed. Were they to be told, that because dur-
lug that period a vast light—he forgot the 'douse,
he believed it was called au intensity of light—
that it was right therefore to deprive them of part
of their ancient liberties—and for what purpose ? to
secure the remainder. Good God ! said he, when
those measures pass what security will remain ? If
those measures should pan into a law, the people
would hoe all the victories which their own hands
schieved ; and that extraordinary man whose power
was ere tied by the aggressions that were made
upon France. vial which took twenty years of
active mid expensive warfare to put down—he
even in his defeat would triumph over the
country—he would triumph in its weakness
and degradation—one hundred victories, greater if
greater could be imagined than Waterloo, would
not compensate the country for the permanent loss
of one at of its ancient liberty. But he would
ask Gentlemen opposite, what was it that contri-
buted to carry them through the struggle? Was it
slot the preys —the press which for ever animated a
people naturally warlike—the press which repre-
sented, and even often misreprtvented. the faults,
the extravagances. and the crimes of the mili-
tary tyranny to which the country was opposed—
the press which, day after day, represented to the
people the blessings which they enjoyed uuder
the constitution of their country. and which told
them those blessitigs were to go down to them and
their posterity? As to the etfect.of the Bill on
trade, he would say little, though surely the peti-
tions before the Flatlet were enough to stagger him.
He would go to other and more important pro-
visions of the Bill. Ile would be sorry to allow that
opportunity to pass without protesting against it.
It was the first time in Logien(' that it was ever
attempted to impose a stamp duty with any other
view than that of revenue. Cut what were the re-
maining objects ? First, to prevent publications of
a limited complies, he believed, in admessurement,
three feet by two, without the recognizance of the
party mid those of two sureties; second, the in-
flicting the punishment of banishment after the se-
coud offence of a blaspliemour or seditious nature.
He would say, the first provision was a gross viola-
tion of the freedom of the press; no such prin.
ciple was ever kuown in the Euglisli law. He
thought the propositions of the Bill were most
monstrous propositions for 111inistera to hold. It
had ever brew the right of an Eliglitiliman to 'flint
and publish what to him might seem ,nee, sub-
ject to his individual responsibility. This had
been a primary psinciple of the British Con-
stitution, and How for the first time it was at-
tempted to extinguish that principle—to ag-
gravate the punishment of individuals, and not
wily to increase their responsibility, but to re-
quire them to find others who would consent
to be responsible with them. Such alteration's
were however approved of by the speeches of
Gentlemen. certainly of high awbority. but who
maintained, on this uccasiou, ultra 'Posy doc-
trines, mid who were content to seek their definis
tiuns of public liberty from the Roman Emperors.
lie apptchealited diet so long as the detioition of
libel restrained vague, it was subject to various inter-
pretation* as it came to he decided before various
tribmods. Illow would a previous security operate—
how would a man ol'lmuble circumstances be able

to And previous secant*, the consequence to whom
might be utter ruin ? The effects of that law would
operate to the great injury of printers and
era, but the main burden would fall or authors—
tut authors who were not men of independent
fortune—and lie believed a great proportion of the
most distinguished flumes that grace the genius and
the literature of their country would be found in
that dills. No mail, under the proposed law, could
conduct any publication, or the transactions of the
day, miles* he had locked up a sum of six hundred
pound- fir security for himself, and six I deed
pounds tar his printer and puhishrr, making in
the whole a sum of 1,,200/. %Vas it low.ible, he
asked, that any gentleman could contemplate the
full extent of this proposition ? The Noble Lord—
he spoke without meaning offence—he must
consider as a mere politician, and as a poliii•
ciao too, much of whose life, both in this country
and in his own, had been devoted to the imposing
of restraints on the liberties of the people—but
there were other Mei:shiers who acted with him,
particularly a Right Hon. Gentleman (Mr. Can-
ning) next the Noble Lord, whose literary talents
no one could call in question ; he would nut believe
that that Right Hon. Gentleman would sanction
flail measure, until lie saw him do so that night.
They had heard something with respect to a censor-
ship on the press, it was at least whispered in the
Cabinet. flow far the people would submit to
such a measure, or how far they might repose con-
fidence in their Represeritmilves to reject it, he
would not say, but this lie would say, that of all
species of censorship, that which appeared .o him
as the most contemptible and the most prepos-
terous, was the censorship of money. That spe-
cies of censorship did not presume to measure
the extent of a man's abilities, or to gauge his
other qualifications. but it took as the proof of his
capability the measure of his purse—it would any
to the man c.f. genius, " Are you prepared with
6001.?"—" No."—" Go, then, about your busi-
ness; let us hear no more of you." Such would
be the fate of the man of genius—whilst the man
of wealth, inferior perhaps in every other qualifica-
tion, would be preferred. 'flue Noble Lord roust
have heard of the Republic of Letters—did he
suppose they were empty words, meaning tiothiug ?
He could assure the Noble Load the Republic of
Letters was an emphatic and substantial thing—the
words forma, that in this country every man had
the right to display his talents and acquirements,
of whatever rank or motion he might he ; that every
man was entitled to present himself before the
public for a fair trial ; that however poor or hum-
ble in fortune or in birth, the rays of genius
might dissipate the halo of obscurity which sur-
rounded the men of abilities. Should the
pass, that opportunity would be 110 longer af-
forded him. Did the Noble Lord think that
Doctor Johnson, ur many oilier eminent essayists or
satirists, if subject to the regulations of the Bill,
could use the press? Could any of the able mid
indigent authors who enlightened the public, but
who, to use a coarse expression, published from
baud to mouth, have used the press under the re-
strictions of the Bill ? Did not the Noble Lord
know, that on various subjects the public were
indebted to publications of the description which
would fall under the Bill ? Through the press on
various subjects great talents were exerted, and great
knowledge displayed. Ors the question of the Slave
Trade, so long a stairs on the character of the
country, did not the press exert itself, did it not
do much to effect the abolition ? Ott various sub-
jects of public economy, sod other questions of
deep public interest, did not the press elicit great
light ? On the Poor Laws, the Game Laws, the Ca.
tholic Question—on every question of deep public
interest had not Members put into their hands works
which enlightened and instructed them cm matters
which they were afterwards culled upou to legislate'.
Having said so much, it remained, lie said, fur him
to make a few observations 011 another brunch of the
subject. The Seditious Libel Bill went to annex
a punishment to the second offence, which might
be easily created; to prove that, it was only neces-
sary to refer to the trials of Mr. Hone; there, there
were three distinct splines 'alleged ; but his objevtinu
to the measure was not confined to that, he
objected to that species of punishment, us un-
known to the country, unknown at least, save in one
act, which however was not ever executed. It
was therefore a novel and an unconstitutional law,
and he thought there were sound and wise reasons
for not adopting that species of punishment— it was
a punishment a hick would operate must unequally
—to sonic it would operate as a light punishment—
to others it would be as bitter almost as the punish-
ment of death ; to the itch man it would be coin-
lowutively light—ioll the poor it would be intole-
rably severe. It would operate in 'mother way ex-
tremely partial : a man convicted of • private
do-
mestic offence, would have no prejudice to en-
counter, if banished to a foreign country—but
the man who might be banished for a political
offence, would stand in a differeut situation, for the
Continent make common cause with that Adminis-
tration here, and thus the victim of power would be
banished t one country to another, 'exposed to
11,1001 t anti persecution, without ill asylum and with-
our protection. Ile contended than there was no
necessity for this udditional clause, because the pu-
nishments already were sufficiently severe. There
was first the punishment of tine, which was arbitrary
and unlimited ; there was next the punishment of
imprisonment to an unlimited extent, which. how-
ever, was seldom carried beyond on extent of two
or three years—a proof that the Judges of the laud
considered three years imprisonntrot as sufficient
•toorment for the offence of writing or imbloshing
a seditious libel. Amid what cm:stowed a libel ?
A seditious label was described as tending to bring
the Parliament into contempt. Ile pot it to the
House, whether it was possible to discuss any great
public subject with ally degree of tiro/mils or
zeal, without reflecting on that House. and exposing
its 01111011, yet that world be construed as trolling
to bring Parliament into contempt. No one could
the other night have liesrei his two Noble Friends
on the subject of Reit 1111 l . without perceiving that
every inch they went they tended to bring the
(louse into contempt; brritose their observations
were directed against men within it. who were
guilty of corrieptiou. As for blasphemy, lie
nosebleed God it was sufficiently inborn' stud disgust.
ing to the eye of the country—(Hear, hear)—that
there was nu occasion fur new enactments to put it
down. At every time that blasphemy raised its

head in this Country. two or three example.
perly made were %Orme-tit to lust it dna
three examples properly made would he atiffici
to effect the same purpose how. if, did i
therefore, believe that new law. were rorers.a•
he did not believe ihrt rank secloolfuo extern
far—he did not Lellete that any coviool.:11 wa
find favour in the breasts 01 that el too (of
cirty front whom • 3ury is 'riveted. Juror(
this country were rarely indisposed to do el
duty—never inclined to thew. .iMptoper fat
unless where they thought tfir crown Lawye,„
the Ministers were hicioned to go beyo,,d 'toe
discharge of their # uhlic ritheiionr, awl 11,e
limits of the law. Blot from such shea.urr, a,
present the minds of jurors wonid ihrvitahly retool
it would enlist jurymen against the opiabit (d
law, because they would see, or think they saw,
Government and the Parliament tailisted pKs
the liberties or the people, lie would rsprnit
tlemen to remember what the lores had done
them ; the press, with all its imputed istIMIPLI
abuses; ro-oliembering that they nii,tht he 1)-'
able to calculate on what it relight da 4111
various discussions which were likely to go In,
them, involving momentous tuttie. oh the
affairs of a great catoutry. Gott Clin.' that
should praise llir low and griovslting press w'
had done so much to degrade itself; but lie thou

the evil was nut' So which the proper remedy Inn
been applied. It would appear as it those rid'
of nova-I'y were permitted to move on in order
alright and to disgust the feelings of the public,
and by that aim's to weaken anyoppnaitiou
the Bills introduced by the Noble Lord. He would,
however, call on the I louse to reflect that these
impure and degraded publications were not only
affected, that the press, the seutint I of public
liberty, was endangered, lie would call aloof'
them to c!ing to the preys, to aniond aud guard it
with a scrupulous and religious care.
Mr. DIL INSON Coopider..ti that the Mils onelit
to be adopted, ad necessary tor the vi et& ening
of the people and of the State against Itiasphrttty
and seditious publications. Ile said dolt Instin.,-
nuent w•as not new to the law, it wall practised
during the Star Chamber, and lohiie it, llr
quoted the words of Sir Matthew Hale, that If e
iiirtory of the Constitution itt England was attic of
restraints and liberations. He thought the present
measures were neceisary to !anent anarchy and

Serjeaut ONS!.OW said lie approved of all that
had been said by los Honourable Friend who
last addressed the House. lie thought
Honourable and Learned Friend (Mr. Mac.to.
nald) had taken an erroneous view of the pro.
visions of the Bill, though no doubt he display-
ed great powers of eloquence. The principle e.f
the Bill had no reference to the author; if lie looked
into the enactinenu, he would see this 'wither
respect to authors, nor to the punishment of tram.
portation, did his arguments apply.
Mr. Ga• HAM made a very emmoted and trio.
quest speech against the measure.
Mr. M A RELY ATT said he could not perceve
force of the arguments wed by those alio ails.).
cated the present Bill. One of their reasons wa..
that it did snot touch the author, which appear-it
to hint to be most ioconclusive and false. Fur
who was the most guilty of all coucerned in such
publications ? Was it not lie who deliberately tat
down to write and compose the work ? This was a
principle on which they themselves constantly
acted. Let theist examine their proceedings of
only the last week, and they shoald find a confir-
mation of tins. When the publisher of a libel nit
the House of Commons was brought op to their
bar, and gave up the author, this was supposed at
once to exonerate I from the penal consequences,
and he wa. ailloered forthwith to go bee. Nothing
in this Ball seemed to him to be good or beneficial.
The provisions of it really appeared to him to be so
severe, he had almost said IQ savage, that I.e should
certainly vote against the motion.—(/!par, hear )
Mr. Dessuast said, he could not sutler this Bill,
which was another step in the slew legislative systtlit
of coercion proposed by his MajesWa Ministers, to
pass without expressing his sentiments in opposition
to it.—/!/par./—lie entreated the House to re—
collect, that this was a lacer branch of infriry.—
ffieur,)—and that they were now called on to do
that alnch had a plain viol direct tendency to
change the whole law of England in relation to
Hear.)—lt was with extreme regret that
he had heard HU I 1011011rable and Learned Sir.
jeant, nut then in his 'place (Se-de-alit Onslow).
and tl.e Hunouishle Member fur Bits kiiighati.
shire (Mr. Dickinson), declare themselves layout.
able to this extraordinary measure; because, it
those who professed themselves Impartial and mei.
derate men, and who studird• to hold the balance
between opposite parties in that (louse, lent the
sanction of their name to measures of thitaleserie-
tion, it appeared to him that the popular port of the
constitution might, as well he given up at mice,
and that all should be left to the prudence amid elii—
cretiou of the advisees of the Crown.—(/hear )
It was most mortifying and degrading to °Lorne
how the lng:s tone Will manly soirit which used to
distinguish the debates in that House were liassite;
away, insomuch that it now seemed ,to hare scarcely
our feeling in common with the people of the coon.
trv. Though lie admitted there was a close con.
flexion between the two measures. yet it was abs.s.
lowly necessary to look at each of them separately,
in order to form a just estimate of its character and
probable Paulo., should it pass into a law. He
should now confine himself to the consideration of
the Stamp Duly Bill, and he was ennupelled in the
outset to observe, that the principle of it was en-
tirely slew, and that it had an olortions and direct
tendency to re.establish an imprisrtatmr.—( Hear./
It was no apology fur it to allege that it would be
loom! ineflicient io its operation, lie believed (kit
isi all these measures there was much of what was
inellecto•l; but it was noteittlestanding most op-
pressive to individuals.—(iirar, hear,
Under this measure every bookseller in the
laud found himself subjected to 'shackles which he
eiever contemplated when he entered into the Wes:.
ness.—/ Hear.)—He lowed I self obliged to
give securities for his good conduct in trade to the
amount of 300/. in London, and 200/. in the coun-
try. It might be said that that was a trifling sum
to a man who was deriving a large iucome from. or
who had made a great fortune in the business.
But it was to the principle of the measure, wino'
was abominable, that he chiefly objected—a priu•