The British Press; or, Morning Literary Advertiser.
London, England, 1819-12-24 00:00:00

it was :rtetuieti for it defittttioat of libels, it svati.evi-
deuce of very burl taste :it fratoinK the Act, to de-
fine, and at the same time to give. the thing dean-
ed. It would .be much like paymv„ •• a triattgle.
havittg three anglesaiiii three stilt-,." Ou the other
hand, if it Was meant 10 eiminerate the libels
which were to he punished, what, he would twit:,
were the non-et:tinr-rated which were yet
to be left to the ancient law of the WA, awl
were to be eat-titan from the slew penalties'
He could boil notniiig clear on either of those
two points, eeeee uithetandilig the absurd and
tasteless alitwolance of words wttlt wliseii the
description was crowded. lie would atroattote
also to leave out the words., Kiog. Prioce Re-
gent, Houser of Parlimient," &c. awl ta leave the
passage thus "To excite the subjects of the realm
to endeavour to bring about any altrrat 00000 ." &c.
He would odd, for the conclusion of that sentence,
'• or to commit any uvt which is h Iri by law to hr
felony or tredaoo, or to do any thing prohibited
by law." He would now state the grounds on
which lie contended for these amendments. Every
Member who had spoke on either ride of the
House, had declared, that the chief anxiety was
to dirtiliguisli between the useful and ciecht-
able part 011ie welts, and that which was rouged
only in spreading dud blasphemy; the de-
sire was to repress Ile- latter, without inpiry to the
former. This was a p.tocii•le which had hero ex-
pressed by every one who had spoken, aiid though
it 511051(1 1101 have been expressed, he would have
given every Gentleman the credit of entertimmig
it. To put that declaration to the lead, he hail
brought forward his amendments. He tint
pin-
posed to consider tlw ground of complaint,—
Was it the increase of political libels inertly ?
That he dratted. Let the press be divided iiito
two parts. The first would be considered as
that which the country had longest been used
to, which had been led lot° audiarretiorm
ally. Never were there fewer of these, however,
thin at present ; never had the prelim been so
pure, so discreet. so virtuous as at present. As to
the other part, which had been openly recommend-
in.; murder and treason, rod the least crime of
which was its excitement to revoluti 00000 its Mien-

ces did nut deserve the name of political libels ;
its crimes were not equalled by the press of France,
under the horrid reign of Marin and his asst.eimes.
Separating the press, then, into these two divisions
(he was sorry to use the same mane for such dif-
ferent purposes), there never was any thing more
!noteworthy than the one, or more black and hor-
rible than the other. His object was, to confine
the new law to the new evil, and leave the cm-

vional indiscretions of the repptchible press to the old
kw. Whatever was intended by the descript•
in the Bill, there was nothing more impotiihle thou
to define the crime of politichl libel, shifting its
properties, as it did. and clninging its contingencies
in every case, it *hewed the utmost ignorance of le-
gislation to attempt it. But it would be easy to de-
fine UP libel, direct excitements to the worst crimes

of human nature. It wrs reinarkahle that in the

anxiety to push forward the present Bill, not only
were many rdieli comprised which did nut belong to
the new evil, but in toy also were omitted which
did belong to it. Ile would defy the Hon. and

Learned (ielitleinen opposite, to point out lily
clause which puni.ilied excitement in arsassination ;
neither was there any provision &loins% VP uti.,nce
which had been actually practised—a proposal
for an extensive plan of forgery, for the purpose of
ruining public cr.dit, and fur bringing thereby, as
it must, every 111311 in the kingdom to beggary
and ruin. his amendments would meet those

cases. The !slim of the Bill, us it stood, corn•
pounded blasphemous and seditious libels with ED
others W1114:11 could be committed, in one scale of
csitne and puilisi tttt eta. l'his more than any thing
would tend to weaken the horror of crime, and to

confound all tno.al feehog—it would have the
effect of impartiug credit iu huld and adventurous
minters, who would venture to daft/ it. ',twilit..

. .
On the uther hand, nothing could be more unjust
to writers of principle Iha►► to make them liable to
the sau►e penaltics with the basest pack of verib-
biers ever known. The evil was again greatly
aggravated by confounding the publisher with the
author. A buukwller would stand within the

be outlook.. The House might make that press its
enemy, but ennui meter noire make it powerleva; it
haul gathered about itself honourable and able
fic had witnessed all the change+ which had taken
p`;are in it during the last thirty years, and lie
could testify that its 111 l rid+, virt;ic. nod regard for
the laws, had hero preserved in the midst of the
rtrty What would the
I bus:* ,713. to 041 nnnt 0114.0 he knew, who hail coo..
dui t•ul o,ie of the chid' daily journals for forty yew-s—
-trip, kid iu tit woe ciij;iytd the confidence of one
of tits cii.er Patties to that House--wis hail thereby
iiirirairti!,ii and oppottosittioe--who had the talents
of his assocants at Pint plispos•l, his own home being
o secret to the ;midst!, doll withal mu
exirtnn ii) the wawa anal most
offensive matter but his owls character ; and yet this
man had never been pposecuied for a seditious or
blasplo-itious libel—liarl never bent sued 111 111111
action for 'Limier by private individuals, nor ever
been convicted of libel. He believed there
were few men in Europe who could :cake such a
bon•t. This was, liouvever, with the difference of
period+. which was in favour of the particular in-
rtancr had alluded to (which instance wail that of
Mr. Perry, of Ihe Alarming (.'hronicle). the gene-
ral character of the Opposition Press. Of the Nlistis.
tenni he need say noihisig—but he had something
ruse t', u•siv for that inv.'. In the evils which had
lately sprung up, and which ought to be the only
object of the ;present Bill, there had been is splen-
dour sod vigour of taleiit exerted by that pies' iti
repellimt it, which was not known before. Abating
164,:sir tits:niter which had taken place in comm.
guipure of late melancholy trappsactionc, the CIIIIFSC•
ter•gpf vita press hod been dignified stud honourable,
aa*S« the House was about to confound it with
that **l-whicti it had done more to prevent than all
the restrict 00000 s ever attempted by that House.
Some absurd bewailing' had taken place in
lotion to the spited of knowledge, rod especially
political knowledge. This was absurd. The csr-
cumstaricrs sod changes of society could nut
be thwarted or altered by that House; the
order of the moral world was uo more to be
changed by them than the course of the pls-
stria. They could not cull back the power

which society had invested in the periodical press ;
they might make it adverse, but they could not
make it impotent. The Hill would have the ef-
fect of driving away men of character and pro-
perty from newspapers, who were at present at-
tracted to such speculation, by their emolument
and respectability. This was not arranged by
that house or by any former one, nor could it be
an brought about; it had been formed by orcum-

stances—it could nut be made, hut it might be
thrown sway. Persona of intelligence, of educa-
. , and integrity, had attached themselves to
such establishments; having driven these away,
fools sod fanatic+ would he let in—genius and timi-
dity would retire—impudence and turbulence
would succeed. lie ►epeated it once more, never
was a measure more calculated to confound good

saute degree ul penalty fur the bide of a work
which lie might even have enjoined his shopmau not
to sell. with tom who should for years be employed
in exciting toe {tropic to the commission of the
basest crones. This was to confound moral feeling.
not to strengthen it. It would he said that such
was the fault of the law as it bud stood before. Ile
adwitted it. and ott that account lie begged the
house not to again enact the coolotinding and
iocutiventent principles of the old law. It would
be. a itlittuiiii!iie objection 10 urge against Mery-
flow tile ancient laws of a wise and Hum.
rishing republic. but it was not argument for
the support of mere political bigotry in such
Case*. A NORiall receiving an intrimiy from a
yeast/aver at SOO miles distant, would be as
pouishuble as the most tut bitlent and seditious
rut' . If the Bill had defined the offence of

and bmd principle ihan th■t Bill. He apologised

for det ' g the House, and proposed his first
A inendinent.
Mr. C•N MG said. that no apology could ever
he necessary trona the Hon. and Learned Gentle.

man, as he never spoke without giving pleasure or
information. He was sorry that his speech, excel-
lent in many particulars, had prevented him (Mr.
Calming) from feeling so impartially with respect
to the amendment. The generalities with which
he had embellished his speech, had caused him to
take so wide a grottisd of argument, that he (Mr.
C g) found himself bound to dispute it with

him The Hon. Gentleman had resolved
the situation of the Hume on the particular ques•
ttini before it, into the alternative of surrendering
reason and the Constitution, or extinguishing the
(Lily press : as it was, therefore, in spite of ob.

loquy, which he knew he must expect, he must
speak out. Let the Flouse bike the definition
of the power of the press, as described by the

Honourable Gentleman ; let them remark in
what security of clouds and darkness was its
eftwelling, yet with how sure a bolt it smote
its victim; let them consider, if any conces-
sion should be made to this power, what then
would be she power of Parliament. This would

be the despotiora of the press, and not freedom.
Against despotism of every kind (and lie enume-
rated various, with their corresponding evils) he
had the greatest abhorrence ; but lie had
never yet heard, among all the imagined forms
of possible potency, of any thing equal to that
described by the Honourable Gentleman, which
was to add to the greatest power enjoyed by ally
recognised authority, the certainty, in its punish-
meats, of a Venetian tribunal, arid the secrecy
of the Holy Inquisition. And the House was now
to be called on to allure that press to the de..
fence of the Constitution, out of the bosom of
which its own liberty had grown ! He was certain
that if such a thing had been proposed to the
Honourable Gentleman by any acknowledged
polity in the world, he would have been the
first to shrink from receiving it. Ile (Mr. C.)

a seditious libel, convictions would have been of admitted what had been Mid respecting Mr. Perry,
easy attainment ; but if every 'possible offence which having had several occasions for knowing how well
could be committed by man, wimps's, or child, he deserved it. But was the rest of the press so
were to be colifounded, juries, witnesses, and pro- pure ? Ile thought not. He could shew an instance
stcutois would be anxious to avoid proceedings in which one Journalist had quoted a passage in-
apinst a writer. As proof of the trepidation, the culcating assassination, and that, too, though ac-
astonishment, and terror into which the public companied by a comment, without condemnation,
mind had been thrown by the announcement of thus—" Observe, the assassination is conditional."
the Bill, he need only refer to the petitions of the lie was as ready as any man to admit the general
booksellers, and persons coutiected with newspapers, tone of decency which characterised the c loot of
Several petitions had been already received, sod the better part of the daily press, and to admit the
throughout the kingdom many others were pre- respect to winch it was fairly entitled ; but in le-
paring or forwardiug. Nu one could pretend gislating to meet the great evil which our/ im-
that these persons were used to tile commission 'moiled. he could not look to the right or the left—
of the crimes complained of, shy more than he must meet the danger, come from what quarter
the Members of that !louse. Fur same time lit may. Would it, he asked, be considered sound
past all political subjects had been chiefly dos- philosophy, when they knew that a volcano was
cussed iu tile periodical pre... This revolution ready to burst beneath them, to remain calmly
in literature had been going on for thirty years by iu the silence of derroir, awaiting its explu-
past. Some politicians had front time to time won, instead of promptly and wisely adopting
raised an outely upon it, and had wiolird to those precautions which may take from the phe-
destroy it. A worse priiiciple could not be otl'ered nometion much of its terrois?—(Hear, hear.)—
to a Statesmatt on such en occasion. Let the —Were they to be told that now the hour of public
House remember the language of Burke. when re- fret.loin was guile. and that Parliament was willing
marking ou the distinclione between a system to withstand public opinion, and able for some time
of coercion amid one at and apply to resist it, come with what force it may ? To this
j„it ,to the case of. the periodical press. Its lie would say, that never at any former time did
slipper and importance had gradually increascil ; I public opinion bear so intensely in its operation
it bap. by degrees requited the ally-ce and sup- upon public measures as it did at this moment
spelt of great and able into. These things could out and through channels so adapted to give it all

the force of which it was so stiaceptible. ilia Elm!.
Frieleil had coinoluiced of the length of the &Co-
noco of the offiesice iu this Bill, bat his substitute
was nor rail Imager. He wail ready, however, to
add his Hon. Friend's to the definition already in
the Bill, but lie cool.' never coliseet to eibatidolas
that which it contained already. It was impossible
to leave out those wends which deliorel libel to be
•no iAivg tending to bring tutu lostred and con-
tempt his Majesty, his successors, the Prince Re.
gem, the Government, or either House of Nehm-
en% tit, without vscrificing the real object of the
8011. And for what was this to be done ? to pro-
piti ate the for ttttt 'Ade p ower of the loess, whicb
they were told, was COMllelrlll to heat dowse
the evil. Was Parliament to abtlicate its functions.
conferral for the preservation of the institutiosie of
the Shoe, rod consign them over to the public
press ? For his part, he never could resign to such
an ordeal the guardianship of the public liberty—
that sorted trust which lie was sworn to MA6114111.
The power of Parliament was known; their (acid-
ties astir measured; their acts were public; the
ryes of the people were upon them ; and, in a few
hours after their deliberations were concluded, they
*ere known in remote coolers of the country;
there was no cloud thrown around their proceed-
jug.. He knew the power of the public pies.; lie
knew that *Wieser little reputation he might be
supposed to have, lay at its mercy iti what hr now
said—hut, nevertheless, to that press he would never
yield the supreme Nisei 00000 s of Parliament. What
belonged to Parlisineut they should themselves still
00.11.111 e, in legislating for that country the liberties
of which they were bound to preserve.—(Hear.)—
He repeated his willingness to accept from his Hun.
and Learned Friend his additional definition of the
crimes to which it applied, and was happy to share
with him the honour of assisting in framing the
enactments of this Bill, soil thereby conferring so
much good upon his country. Nu matt he knew
better valued temperate liberty than his Hon. and
Ledford Friend —no man he knew was more 1111X10110
to defend it, or more capable of teaching its true
principles to others. But again, he would state,
that though lie was willing to avail himself of his
Ilon. and Learned Friend's proposed definition, he
would not consent to eliaiedon another fur it, and
still less under the influence of what was to be ex-
pected frmn the public press iii the event of a re-
fuse I.— ( Hear )
Lord FOLKSTOKE defended the prominent parts
of his lion. and Learned Friend's (Sir J. Mackin-
tosh's) speech, mod denied that it contained soy
thing to justify the imputation cast upon it by the
Right Hon. Gentleman opposite, of containing
threats to influence the opinions of that House.
There were no threats held out in that speech, if
there were, lie would himself be the last to accede
to then,. Nothing could be more unusual than the
Right Hon. Geittleinais's offer to take the defini-
tion' ottered by way of ainriolinent, without surren-
dering that to which it was intended as a substitute.
The Noble Lord then objected to the clause ena-
bling Magistrates, on the conviction of a party
at the Quarter Session, fur libel, to break into
his place, and search for other copies of libellous
matter. Thus a 011111'11 property *night be runimaged
at perhaps the inancious instigation of sit enemy.
Then. the clause for imposing the punishment of
banishment—this surely count not be intended to
be left in its present form. It was a provision of
absolute law that protection and obediessce were re-
ciprocul. Now he would ask, ea hat was to be done
respecting the allegiance of the party 'lent into
banishment ? Suppose he shall take up his domi-
cile in a country with which Esiglaod may lure-
after go to war, anti that while there, he shedd be
forced by conscription or any other means into the
ranks of the enemy—was he then, if taken iii arms
against his country, to be told he had forfeited his
allegiance., and to suffer death as a traitor ? Banish-
meta for offences of the public press was also bail
policy, for it might make elite men the engines of
a foreign power. The Alien Law could at say
time expel a foreigner from England, but the pre-
sent Bill had a tendency to make a writer curry the
favour of that power which might afterwards, its
the event of banishment for a second uffence, be-
come his domicile. Besides, the very operation of
the punishowist became different according to the
quality of the offeeder. To the rich mail it was
comparatively nu punishment, while to the poor
it was an absolutely ruinous one.
Sir J•IIIKS MACKINTOSH recalled the attention
of die Committee to the grounds on which he hod
made his motion, and from the consideration of
which they had been diverted by the eloquence of
his Right Hon. Friend (Mr. Canning), and the
skill he had displayed in dexterously warding off
the real points to which he (Sir James) was anxious
to direct their attention. His Hon. Friend had
created an imaginary pertain to combat, and who,
as it seemed to him, came down to the House armed
with the threat of the public press in the event of
Parliament not attending to its warning voice. To
struggle with this imaginary being and dispel threats
which it never entered into any body's mind to hero
foolish or absurd as to make, her Right Hon. Friend
had directed the whole battery of hisextraordinary ta.
lents, while he had carefully evaded the dry felito.l
of the arguments with winch he (Sir James) took
the liberty to trespass on the attention of the Com-
mittee. That coercion was necessary to put dawn
sedition and blasphemy was a principle on which
they ware agreed ; but what he contended for
was, that the offence should he so defined, as
while it answered every perpose of the Go-
vernmeut in repressing the infamous publications
through. which it was committed, it should at the
smite time nut involve the other soil retell; useful
class of publications which were tlne slipportess or
religion and liberty. Sir James then enforced with
considerable eloquence the necessity of making a
distinction between the really reopectieble and
liar-
ful conductors of the public press, anal the ruffians
who abused it by their blasphemous and violent
writings. This distiuctiou had nut been touched.
upon by his Right HOll. Friend, while lie appealed
with all his ardour and fascinating eloquence to the
pride of that Committee. in the soothing sod ',repos.
mooing straits of impressing upon them the irtetroorty
of supporting their own privileges froui being over-
awed by the imaginary being that be conjured up
to wised them. He (Sir James) would yield to ins
num its an ardent wish to ministries to the lust or.-
'smut of his life their rights and twivilegys ; but
that derelict had nothing to do with the necessity
of comprehending two different classes of perms

under the head of ow: offei.ot—ono chess, of tin
riret respectabiltty, who st-re• the defenders of rib.
scion and liberty, and the other tine wig.?
libeller. of both. The Hon. and Ltiorned f;ent...
roan again implored his Nlsjeaty's Gower sssss rot n ,
mike this distinction hi the 8011, ands ted
when he hail referred to the character and henna.
tout station of the dimity press, he listl done MI ion,.
force and illo•trate his argument, and nut with tie
remotest idea of using any weapon of threat,
he knew Patti intent would despoc, and which h.
was the last mars in the empire who would ;moms,
to tender. I'll threes he would never himself
one instant yield, and 111,4 wl.ich lie wo ild not
in his own 'Case, it never should be Baia lie wont'
recommend iu smother. He was an enemy to all
sorts of fell', bin or none, to use the eXprewittre
gus‘e of am Hors. And esteemed Friend (Sir Wil,„
Grant), more than that worst of ali fears, of lacit,„;
thought afr,,id.
Mr. CANNiSin lamented much that lie hull
understood Its Hun. and Leartied Friend, not tie
did think when hr lid introduced the topic of the
powerful seril of the Troilus press, its force
from one part of 'he universe tr. the wiser. the
livered still mystic manner ill wipe!' is doctejor,
were propoiiiiited, awl the overwlirl n.flueuee
which it commanded—lie rind tlitok when
description had been applied to it Ittai it itulll.l
only have beefs to creole the altlpresk sssss
lie had attributed in In! arguisiant opuir it, for
what else was the effect of thai urst.!r of np:uiun r,
eltiqUeully :u. His Him. Friend could trot
blame Inin fur falling into this error—fur thiwkirsK
that he meant to impress them with the give
fur its character that King Eratitler tlescrdied the
rustics fell *hen they surveyed the Tisrpriiii, rock:

Iligiu 'wears terrebat agrrstes don loci.
With respect to the ditt.t.rent chissi-r upon whom
the Bill was to operate, he hail only to say, titat
they were Hut to legislate fur the iretson, but the
crime, and I hat though he trusted in Goa 110 nett
of the respectable press would lull Hilo the error
against which this Bill provided, yet, if they did,
upon their own heads must be the consequence.
His Hoti. Friend, iu describing the qualities of
fear, hail forgotten to enumerate nue ft:ar,
was the worst of the whole. It was that tear of the
fascination of fancied security which laid the
tim in the jaws of the monster In waitirig to devour
him.—.( Hear, lieur.j

Mr. iIIiOUGHASI complimented his lion. Friend
and the Right Hon. Gentlrmo) opposite on the tor-
rent of eloquence they :tad 1 red upon this goa—
t! ..., tin iniall share of which was directed in Mao.
nichreir strains in praise of each o.liet's great abili-
ties. The Hon. aid Learned Geod.-man then, with
great energy, justified the do.taictiort foe which his;
[lon. Frittiol had contended, arid ttr4.-11 the necessity
of its adoption to prevent this niorgliog together
under our herd offences so ililfeirot iii their nature,i
and applicable to persons of so docirict a character.
The state or Europe, he said, leave- a discretroir t i
the Noble Lord or his successor with respect to M.!
punishment of banishment,: which might be abuse'
to a frightful extent. He believed he was correct
in varying that it was the practice of the Governiner t
of Germany not to admit ai'y persou into that tour-
try without the consent of the Got/eminent undrr
which he bad lived, so t it the unhappy and ba-
nished exile might seek in its for en asylum : but
ender this Act the Gore rut might banish the
mi
offender to soy part of -i'he world they thought tit
to urine; the effjot of the law gave Government
the power ,- 'tartish him to Siberia if they thoriglt
proper, and he entreated the throve to recollect
who the objects of that puoishineht would hr ; lilt
the affineut, but persons of humble condition arid
of drpeutlant circumstances, the author who dr-
peutled un his literary labou rr, and who, alter com-
mitting one farrier, would feel it necessary fur Is
bread to run the risk of eointititinig another. Tio-
boon of the Noble Lord was, he thought, or a tre•
vial nature, when he changed the puntaltouent front
transportation to broishoterit, fur lie did thirik that
transportation Itself was preferable to hanisi 111 l rte.
where the poor and humble and unforrided w,i.
driven from his native country, without nteari.. 1..
seek a precarious existence in another. He would
entreat. the House to consider the consequence ol
sending that description or oersoos to reside : ~,,,, ',pi
those who were, and might hereafter be, Gtr riot—
mies of this cr ~,,, try. lie spoke f. experience.
%Vito, lie asked, *ere oolong the 111..bt iiibettrot..
the most able, and the moat active of their eliestii,.
in America ?—the Irish exiles, veto, were hato.hed
from their native country its 179 a. W 1,0 "".•
amongst their worst enemies *lli Nits ? who coo-
ducted newspapers there ? who j.ritital with Oita
bitterest enemies 1 the perstiii• ago were bam.i..
ed from Ireland in 1798. Wior became C.to-
ire!. of Irish brigades, strieoded for the inertYeet a
F:ngland, and mill mote iniptwa.sl, who 1,, came
the Editors of newspaper. deserted sgastist the nor-
rests and the character of the Eligli-li Groiermireit '.'
—those persons who were hairialied from Irelaiiii in
1798. He would therefore sodium to the Commit-
tee the impolicy of a Irw, which would throw utile
men, excited by their freliiigs mid their puin•lt-
merits to hostility agairot the Governmeor, Into
foreign countries. 'Die I lout. void Learned Cr tit Ic.
man next aduded, in strong terms of indiguroloir, to
libel on private character. Pitsate character was
never more exposed to foul spoliation than within the
last twelve years. The public seemed to hate a
morbid appetite, for ota this subject panders acre
not waiittrig to eneutirage alaiirler. He regretted
to say, that persons of the higher urtierli gave eft.
couragesproit to the wrrtches who &ale in the h."'
co 11111 l orlit:.. More promos—Ore fuel Idashleirra of
private fame—the odious venders id* iird.ceircy, not
Drily were not it 111 l laird. butt 111.1 afters futinil
Lowish anti liberal patrons in the higher walks HI Id .
He mentioned dm. to whew the incosisodrocy of
those who talked of the licenti 111 l 411(.1,4 of the press.
but who drult out, slot iitiotshoseat bust parMl.tgr.
011 the lace defamers of private character, i i.r ssa...
however, delighted to say, that the good stove and
the mural feeling of the public did that which Mi-
nisters slid not do, and the Law Officers of floe
Crown did not attempt to do—the public put down
thine infamous publicatioris. He was sorry to say.
that patronage and promotion rewarded, in ramie tit
marksble instances, the foulest of these slanderers
he meant the editors of the Satirist and she SCON IV*
T 11C editor of the Satirist profedied to be . a
high Tory; the editor of the Savarese professed'
an opposition to Government. Ili the discharge