The British Press; or, Morning Literary Advertiser.
London, England, 1818-06-03 00:00:00

LAW OF LIBEL.

Lord ELINTNE rose, in pursuance of hie not;c-,
to move the second reading of the Bill fur declaring
the law relative to the power assumed by Magi..
trates of committing persons accused of lilrd h.
fore indictment found. The preamble of this Bill
stated, that doubts bad existed restiecting this
point; hut the Noble and Leari.ed Lord 4,ii the
Woolsack had, on a previous evening, expressed
himself as having no doubts whatever respecting it.
That Learned Lord, however, must often have ex-
perienced, in his judicial capacity, the difficulty of
deciding peremptorily upon any point that might
come before him. linked, he had understood that
his Learned Frietill, in his anxiety to do complete
justice, had preferred being considered tedious moil
undecided, rather than run the chance of making
a hasty and inconsiderate judgment. Every man
was liable to a wrong impression, and he had re-
membered Lord Mansfield, on one occasion, ac-
knowledge that lie had completely misunderstood
a case, and had misdirected a Jury. Never could
he forget the impression that was produced isi
Court by
so ingenuous a confession from that ;peat
man—and had he not a prufonsid belief in Lout
3latisfielers candour, lie might almost have Mae-
giated that he had submitted to this for the purpose
of raising his reputation. To come, however, to
the Bill before their Lordships. There weir tali
points that more especially required their coo-
sideration :—first, what was the actual law respect.
iug the alleged power of Magistrates.; and se.
condly, Low far it was affected by the 48th of the
King. With respect to the power, it inust here
been granted either by common law, by statute taw.
or by custom ; but of statute law granting such a
power. there appeared not the remotest trace;
and as to the common law, the opinions of t.0r.1
Coke and Lord Hale were decidedly arguing it.--
[llere the Noble Lord recited severel passages from
Lords Coke and Hale, in support of his opiiison.l—
House, he observed, was to guard against the
adulterations of the common law, which, tram tu-
stately, were too frequent ; but the adulterations of
the statute law were much more common : of tIU4
no instance could be more striking than the Pour
LIMN for it appeared, by the able Report of the
Commons' Committee. drawn up, he believed, by
Mr. Sturges Bourne, that it was never intended to
swerve from the principle of the 45th of Elszahvtls.
for giving occasional relief. to the impotent poor
and yet, since the passing of that Act, slims have
been raised fur the poor, amounting in sumo ill.
111411CCS to nine millions S !ear, which might hate
been turned towards relieving the burdeoa of the
country, and if in possession of the Crown, might
have enabled it to len on in spite of twenty Acts,
de 'aegis, nen coneedeedo. But how was the cum-
mon law affected by the 48th of the King ?
It was contended, that the power of indivi-
dual Magistrates was co-extensive with that
of the Sessions, sod should consequently ex-
tend to all felonies end *misdemeanors will in their
jurisdiction. If such were the cue-, the Judges of
the Court of King's Bench, as Magistrates, not s f
a single county, but of every county in the kin:-
dom. must have possessed the right of cons.
mitring fur libel. before indictment keno!.
which was contended to belutig to every 1
Magistrate; and yet the present Chief Justice
the Common Pleas, Sir Vicary Gibbs, then Ai-
torney-Geueral, a roan who, bksidrs the
most pre.-
found knowledge of the principles cf the has.,
was at the seine nine pot-armed of the ino.t exsraur-
dinaly knowledge of its minute details—end yet
Sir Vicary Gibbs thought it necessary to bring iu
a Bill, giving to the Judges of the Court of hisig'a
Bench a power—not cf committing for !thel before
indictment found. but after informat. filed.
Could it be believed that Sir Vicary Gthl,a *outs'
have brought in a 14w so unnecessary. if the Mi.-
gistrate of counties, the Judges being an g the
number, had possessed the power which was CUsift
tended for ? Ile did not imagine that env moo
could be so barely as to doubt Sir Viciery
knowledge of the law of Esiglaud. If eu angel
were to come to him and say, that Sir V. Gsi,bs
did not know the law e.t England. lie should say
to it. its the words, of Lurd Stafford. at the CIOAc
of his defence. that it was a fallen Of IC I. evil tu obi
never Ogalli ascend to heaven. In Amami to the
Noble Viscount's Circular, all Ise eould say wa ,
that it would hate been well if it heel never bee,'
issued, lor to it was to be truer,' it r great isesss of
the opors moons which had occurred during tt e last
year, the arrest soul detention in irons of isidiviosiala
charged with political offences, and ultimately
drr-
missed without trial or inquiry. As to the pi at title
In support of holding to bed iii cases ef tine k
he had seen the returns produced to the (louse
since the year 1640. From these it api.elred, th.it
there had burn since the reign Of Qiirtil A tulle 118
c traps, but they were ruitittly couteusatttale to
al:ft; iirbe4US. yearsv i:
te
11...7)ndoofist.taautesl. 11
It .yashryrintlaierkaanbilleio,rittlym
during the present reign the practice of ttttt
in this 1011110er hail 104.11 Wholly stsspended. The
Noble and Learned Lord then Jest:gibed the en.

- urged the former measure, would
new p►ess the present, namely, to set aside the right
to eserciiie a power so pregnant with oppression and
abuse. He concluded by melting the second read.
iniF of the Bill.
fhe Loa° Casitecito& hope his Noble and
Learned Friend would not press his motion at melt
• moment as the present. It was, he must contend,
utterly iinpossible to deny that the right of arrest
before Bills were found,, and holding to bail, was
vested iii Magistrates in cases of libel. It had
been so held since the Hi-Volution, and uo case hill
been decided in the Courts to set aside the existes:c.:
of such a power. That House, which was the
deruier tribtival of the land, would not surely be-
gin to make a new euactineut without first hay-
ing some quest• argued in the Courts of Law
to shew the necessity of their interpositio►:, by
laying down a legislative principle. As to
the case of the libel in certain parodies on the

Scriptures, he wished to speak with the greatest re.
spect of the Juries who had acquitted the Defend-
ant ; bat if their verdicts were grounded on any
belief that a profane, blasphemous, and infamous
libel on the Holy Scriptures was not equally a Ael
oti the law and Government of the lanat. City hail
decided erroneously, and contrary to the authority
of Lord flardwicke and the best opinions on this
point. He earnestly hoped his Noble sod Learned
Friend would not persist in calling upon their
Lordships to adopt such • measure as this without
some better reasons than had yet been urged iu its

support.
Earl Gast conceived this to be a question of the
Mali vital importance, as affecting the Constitution
of the country, the liberty of the press, sad the
freedom of the subject. He felt it indeed difficult
to reply to the speech of the Noble end Learned
Lord who had jest rat down, because it was a speech
of general authorities, unaccompanied by argil.
meets in their support, or esplanations of the parti-
cular cases on which the authorities bad so decided.
The opinion of the Noble sod Learned Lord was
of course entitled to the highest respect, but yet
it was only that of a single individual, and against
the best writers on theist,. and the best authorities
upon the Constitution. The doctrine thus attempted
to be supported was incompatible with the freedom
of the press, and liberty of the subject. It was said,
indeed, that the practice had prevailed since the Re-
volution; so had the practice of restricting Juries in
the case abbe,. until the Libel Act was passed,which
sconce destroyed the practice. It was very important
to look at the retorts. that had been made to justify
the abuse of power, whith it was the object of this
Bill to remedy; They were; as had been said,
t hien)? returns of the practice under the eye of the
Secretary of State ; but in their justification no
argument had been advanced beyond the single as-
sertion of the Noble and Learned Lord on the
Woodsack. On the contrary, the authority of
all the great text-writers went the other way, to
'establish a very different doctrine, and one more
congenial to the spirit of the Constitution. In
looking at the returns which had been made of the
exercise of this power of commitment, its suspen-
sion for forty years during the present reign, was
most material as against the practice—and forty
years too, when there was no absence of libels, far it
Was just at the period of the American war, when
th* country teemed with political publications of
every description.—(Heer.)lf this practice were
so firmly founded in law, it was very extraordinary
that so long a suspension should have taken place,
but be it ever so old. be would reply in the language
of the Learned Judges who had decided against
general warrante—g, No autiqoity can give sanction
to a practice so bad." On the-subject of the Pa-
rodies alluded to, lie entirely differed from the No-
ble and Learned Lord ; and he had the satisfaction
of having three verdicts pf successive Juries in
support of his view of the case. It was highly
to their honour to have given such verdicts, and
by them they had in no small degree contributed
to the safety of the tountry.—(Hear, hear.)—
Had he been one of these Jurors, he would have
giveo a similar verdict, from a fall belief that the
object of the author was to vilify and degrade the
Government. and not the Holy Scriptures which lie
had parodied. If the author hail sinned, it was
with great authorities • for his Majesty'. Minis-
ters had published parolie's of the Script to de-
grade their political opponents. The Noble Earl
here, at great length. repeated his arguments against
the Circular of the Noble Viscount opposite (Sid-
nniuthi to influence Magistrates in the discharge of
their duty, and enimadverted, in strong terms, on
the oppressi•ms which followed the exercise of the
anomalous and dangerous doctrine laid down in
that letter. He concluded by cordially appioving
of this Rill, for the second reading of which he
want to vote.
The Earl of LIVERPOOL saw no reason why this
Bill should have been introduced at this late pe-
nod of the Session. Though cfsinclined to enter
fully into the question, he should yet offer a few
observations on the speech of the Noble Earl
opposi!e ; all that he had stated on general warrants
and upon the Act, had no reference to the present
subject. The only question Was, whether cases of
libel thoul,l not stand precisely on the same looting
as other offences, and be put in a course of inquiry
by Magistrates, in the same manner us any other
misdemeanor ? There could be no hardship in the
party charged upon oath being allied upon to pro-
vide security to answer for the offence. On the de.
vision of three Juries iu London, lest October, great
stress had been laid, and it was therefore declared,
that the publications in questioo were not libels.
Rut were there not decisions elsewhere by Juries
which &clued the same publications libellous ?
[.• Where ?" front Lord hrskine.)--;Such a ver-
dict had hien given in the county of Lancaster,
and he bad as good a right to asinine that the publi.
cctiou was a libel, on the authority of the verdict
uf a Jury. as the Noble F.arl opposite had to
oviiisme that it was tint. From every view of the
proposed measure, lie must give it his decided
oppasitioi.. It was said that other libels had been
published with impunity. So far as the general
argument weld, be was ready to admit the fact;
hr knew th it in Mr. Gibbon', work oar the Deifies

and Fall if the Ifomaan Eitopire, it would nut he
diffiuult to hod a blatplaeinuus libel. Hut was there
dithretice betareu an insidious attack up the

Along
. %ND said, that when the N. 41
alluded to the, conflicting verdicts of Juries. he
should have added, that the particular verdict Isis
which he rested his opinion was, where the Defend-
ant did not choose to Make any defence. As to
Mr. (lucre's Vinare', all he would a.y was, that
had they been directed against any body else than
his Majesv's Miiiisters, the House and Country
would not hare had the advantage Of hearing that
etcpression of Clues horror, which h3d issued from
a Member of the Hi tilt Reverend Bench opposite,
from the Noble Lord on the Woolsack, and the
King's Attorney flear.)—Perodies had
previously been issued, Nurtli and South, East
and Vest, bnt never before had they been
encountered by ea mud' devout and forensic
eloquence. The Noble Lord then, at considerable
length, enforced the necessity of the second reading
of this nil as a measure esse:Aially necessary fur
the security of the liberty of the press and freed..ns
of the subject. and to annul so strange an anomaly
as had existed with so muei otipression to indivi-
duals during the last year. He could not enter
into the rained legislative system of the Noble
Via!, as to the dirtiuetiun to he drawn between
the hill:tenet of works like Mr. Gibbon's,
and that of more cheap and popular publications.
He could not see why a law should be made for
cheap publications. which did not equally apply
to those of a gninea.—(Hear f--fit every view he
was decidedly in favour of this Bill, which would
certainly go to establi.li a sound and useful icriw
Lord Easxtxr replied. and the House
when time numbers were, for thy second rearfing—
N.r.Contents
Cootents

Maj 'My against tli4.cleosid Reading . IS
MIENS.

On our re-admission Ist-low the bar, we found
that the Oidrr of the Day had been read for the
consideration of the Report on the Alien Bill.
Lord Sit:OlOOTR moved, that the Standing Order
of the House, prohibiting any Rill from passing
through more than one stage at any one sitting of
the House, should be suspended, with the intent of
having this Bill read the third time this night.
The Earl of ROSILY N argued upon the cruelty
and inju.tice of such a proceeding, as the House had
not granted individuals complaining of an injury to
state their grievances at the bar. Hoping, then, that
by interposing a delay in the further stages of the
Bill, this measure would be more fully considered,
he should move "That the Roost do now adjourn."
On this question their Lordships divided, when
there appeared—
For the Adjournment—Present ll
Proxies l2-23
Against it—Present
Proxies

Majority 3S

During our exclusion, we understood that a
Noble Lord (..e believe Lord Hottsnn) moved
the previous question upon the motion for the
suspension of the Standing Ostler. On this the
House divided—
For the Motioa--Preseat l3
Proxies
Against it Present 3l
Proxies llll-59
Majority.•••...• 31
The House again dividtd nu the suspension of
the Order—
Fur the Motion—Preserst 49
Proxies 47-56
Against it Present l3
Proxies .. 14-411

Majority 3l
the Standing Order was then suspended, and
the Report of the Bill being received, the Bill was
read the third time and passed.
The other Orders of the Day were then disposed
of; and the House adjourned at TwsLes o'Ctoca.

MOUSE OF COSISIONS, TUESDAY, June 2.

TAX OFFICP,
A permit from the Tait Office presented • copy of all
erdess issued from that atm. cod signed James Thompouts,
to the assessors of the laud tax iu the tucuty of We►tmaw-
laud.

Mr. Juboson, horn the office of the Chief Secretary for Ire-
land, presented accouuts relative to the House of Industry
and certain Hospitals in Mathis.
Mr. Hutchinson, horn the Bauk, presented an account of
the weekly kiln of Bauk Notes and Bark Poet Bills for a
curtsies period.
SESSIONAL A DOR ESSES.

The CgaNgto.o" of the Egoista" moved," That this
House do reseal au humble Address to hie Royal Highoess
the Prince Retest, praying his Royal Highness to din et
that there be issued from the Treasury a saws of 1141.10 s 84.
to be paid to Mr. Rickman, to defray the expenses incurred
by him on accounts of the land tax asoessnienisrin the years
1748 sad 1749; and to assure his Royal Rieman that this
Hume will make gnarl the saute."—Agreed to.
Addresses were then moved sod agreed to, to the follow.
log rifert :
That a church preferment be conferred us Hie Rev Mr.
Stereena, Chaplain to the House of Commons.
That the sum of 1,2001. be issued from the Treasury, to
recompense Jsmn Bingilen, Esq. fur his trouble as Chai►man
of the Committees of the House fur the year 1818.
That a sum of 2001 he issued to pay Juba Henry Lee,
Esq. his salary, as first Clerk of the House,for the year ISIS.
Mat a bum not exceeding, with his fri it and entulumenis,
1,600/. be i.enrd to pay dlr. —...:—, his salary as second
Clerk fui the year 1814.
That a sum sot exerrdilm 49.5!. be listed to pay George
Wickham, Cleat of the Journals, Lie salary fur the year
1916.
That his Royal Highness will be plcascil to order such it
romprasasiun as to has Royal Highness shell seem fit, to be
given to the Clerks who have iittendid the Committees
of the house.

The CninettLian of the EICREQL/Irlt then mowed, that
the Art 52 Geit 111. appointing Commissioners to make
regulations fur the Others of the House of Coenntoub be
read—u hitt% having been slime, an Adder+. was ni•nreil
and agreed un to has Koval Mightiest% peeving that he would
direct there be laid before the House ass amount of all
Suing of Money al the clispkoal of the above Comings-
slim* ve .1 to.

lUr. Bellamy then pregetited an account uf the money at
the disposal uf the raid Cuasenissiunera, which woo laid un
the late.e.

Olher Add to the Prints Regent, to ate fullusiug
affect, were then cart led:—

That a el. ar son ut 1,009/. be limp .1, b. iag the om. uut

P.11.1.1191ello•••1•••••. • -
led to the law of libel, anti .the Christian 1 hem iv a wadi. general) 07'111611C.
Funiculars or the enactment, sr conferring the ad- accsmsible only to literary men, and in a PlalltAllet
'clittectal power on Juries in such cases of judging or publication circulated in penny numbers. and
''both of the law and the fact. For the same reason the style of which was adapted to the moat oreti-
that he hod urged the former measure, he would nary und.rstatiding ?--/HenetY—Tbe Noble E.irl
now press the present. namely, to set aside the right ' concluded by opposing the Bill.
to exercise a power so pregnant with oppression and I Lord fiei).l,4o said, that when the Nohle Earl