The National Register.
London, England, 1819-12-26 00:00:00

ON rut NEW ME.ISURES.

Paley, in reference to trial by Jury, has observed, that
•" in proponion to the acknowledged excellency of this
anode of trial. every deviation f it ought to le•
•watched with sigilarice, and admitted by the legislatuae
wish caution and reluctance. Summary coovictions
1,. fore Justices of the Peace, csp cially for offences
alit 'hist the game laws ; cams of conscience, extentlitig
the jiaistliction of count of equity, urging too far the
dot Incti )))) between miestions of law and matters of fact,
are all so nhOly hilf.1184:111rInS sy,nuthis great charter of
sralilic safely." •Yet in the bull ••• to resuain the iihilS?7,
OrisiNt from the piablicatiou of blasphemous and erditiono
I:bels." there is a clause declaring, " that it shall he
lawful for any .-or inure justices of the peace to
beer and determine any offence or offences which shall
be 'tied against this act, or any other :met or acts of
'Parliament, which are In this act 40 be construed there-
with, or any part thereof, which subjects the offender to
ally pecuniary-penalty, out exceeding ." And
in the bill rt-spectio4 sriliono4 owetings, the. powers
-conferred 4:n jUS4 ICS'S of tor Peace, Of any one of them.
.are still greater and more nunlerows. These lucrative.
are Minutiae's', it is said, amid we hope said truly. welt
•the view 111 preserving the public security ; but on the
4 miples lath down by Paley, and all ter cotton 111 l Mani
writers, they are directly turbidly ls, " the great charter of
„public sooty." And like Mr.f4:Nalett, it us '• because
,we hare a serious said sol conviction km these new
measures will produce a directly culinary effect itt what
• is expected by their simporters. that we object to them."
Instead of ailliiig to. the security of ihr Government;
they will, in our I tile opinion, greatly lessen the.
security of the Graver►lllll ent and the people; and this,
we conceive, is due necessary result °fall titeastiree which
• trench deeply on the natural rights. and which directly
oppose themselves to, the general feelaigs and .opittitnas
-of oociety.
It will be allowed by all our readers. that Hume was
a WWI whose sacacity Was equal to his groins. and who
.was nearly as conspicuous for his attachment 114 min-
Iraq principles 83 fur the solidity of 11143 jit,lguaelit. Vet
Mune was of opinion, in the 1741. that " the
,etreral laws against sethauti.and libelling were as strong
..as they possibly could be imele. Nothiret (he creation o):
can impose a 1 tallier restraint, but either the clapping
an iraprimatup upon the press. or the giving very large
discretionary powers to the Court to relish whatever
displeases thaw.
.limit these concessions would be such
,a herd:iced viulation of liberty, that they will probably
>ime the la..t efforts of a despotic Cioverinnent. We may
conclude, that the lanolin of Britain are gone-for ever,
when these attempts shall succeed." ,Had Home
lived to the present day, however, he would haWe seen
,the possibility realised cif imposing further resteaintstspon
-the press ; and such restraints, we conceive, as Me more
cruel toast it so respriatorer had been established, or a
,law,passed prohibiting the publication of all opinions
Alta cumetalllg. wait those of the existing Aditsmistra- •
noir. If the proposed IllreliOreS be made lam., the
Aires, will have no safety but fit republishing ; and, in
this view. it is fortunate that past times have pro-
altered Home, and many other great Melt, whose love
,of liberty was stronger than his. Hut the writings oh
Jluute,.tn so far as they have a
.liberal tendency, are
Aire roure.valoaele, imasitiucli as his opinions are the
.4:18.1( dictates of (raison and imentled to favour and
*support tile Como still more 111411 the subject. "!t
ha. been Intind." says this writer. "as the experience
-of mankind increases, that the people are no such dan-
gerous monster as they have been repo-seated ; and
that it is in every respect better .to guide them like
rational creatures. than to lead or drite them like
brute beaots." He had pre% lowly remarked, that "as
•tite republican part of the Cioveritincet prey mils in En-
gland, though with a great mixture of monarchy, it is
for its owls preservation, to maintain a watchful
j •alousy over the magistrates, to remove all discretionary
Towers, end to secure every one's life and fortune by ge-
iier.sl and inflexible laws. " These pilociples (he eosin-
totes) account fur the great liberty of she press in these
iriugdoms. it is Sollhelenily known that despOlin pOwer
wound Steal in illloll us, were we 1101 eXtreiltely watchful
to prevent its progress, and were there not an easy
osethod of cotiveyeig the alartuts from one cud of the
kingdom to the other. The spirit of this people utmost
frequently be roused to curb the embalm) of the Court,
and the dread of CAIIIIIII4 Una spirit must be tin-
ipioyed to prevent that ambition. Nothing is so.
effectual to tins purpose as the liberty el the press,
,by which all .the learning, wit, Mid genius of
One nation, may be employed out the side of lihertv,
.and every one be animated to its defence. As
'mitt, therefore, as the republican part of goveni-
anent can ittaikialis Mick against the motierciheal, it
must be extremely jealous of the liberty of the press, as
of the utmost jetport:owe to Us preservation. Since,
therefore, the liberty offlie.press is so essential so the
saliport me our mixed goverumem, th.s sullic.ently de-
cides the question, whether this liberty be advantageous
or prejudicial. there b hug nothing of greater importance
in every itta.te than
.tire preservation of the ancient go-
.ernmvut, eopecully if it be a free one. Hut l would
fairy go a hop further, and emelt, that 1:14i:11 a maser., is
so few disadvantages, that it sum be
ciatoted as the comitiots right of mankiod." :The
fillerty of the pack., therefore, however mooed. Cali
Kates etet eecue pailUtaf tit 1111 l lta or /AK:Lion ;
soil as to tisie.e murmurs, or goose secret.diaeuu-
c .tnetitfi it may occasion, it is. better they should get
Wrist lit Worth., thai they may collie to the liiltaWle,i#e of
the 1114aillate liefore it be too late. in order ill ow pro-,
puling a milady against them; Melds intl. it s true, hare
mvayo a 41CJINT I:itipell64lll to the'leVe What is $416144) tile
age utimieir ;pommies than. the. contrary; but
4.1.0 ittelitietam Is inwpareWm. from them, sr healer they
liawc.lilieny ur nut. A whisper may tly as quick, sod
be as pesutisous, as a pamphlet. Nay, It will be nWrt•
joctU!CliAni, when men arc not SICCIIIOOIII4.II to tiliuk
..1;• or distieguisit petwixt truth and fa!svhuud. •