The National Register.
London, England, 1817-12-22 00:00:00

ter+

Paica 9441-

FOREIGN INTELLIGENCE.

FtIANCE.
The Chamher'of Deputies on the I Ith entered upon the
question of the liberty of the Press. M. Martin de Gray
opposed the project. " The tighsof imbitshine one's opinion,
(said lie,) is a natural right ; for the enslaving of thought
supposes or introduces tree, other kind of rsitude." Ile
tuok a review of the various summits whirl% had beep neatly PIA "".
to fmter the Press ; silvered to the bad faith of the sere:.
rat tiavereisents, who had tilt guaranteed its liurr.r, end
alt violated it; of the Directory not Napoloov, he .poke iu the
forloa tug remarknule ten nn t—
" The Meet*, after hinting pleilsed lee some months the
liberty of the press, while they always continued to threaten it, sent
I authors and journalists to the marshes of Synomiuy. and the sword of
one man directed by opinion, overthrew opinion inch. This cursor-
, dittary man, master of the destinies of France, dimmed die autho-
rity of opinion, and wished to enslave it ; he fell immediately by the
vertigo of error. 'This Colossus of iron, supported on so many du-
lling trophsoe on the wreck of so many crowns, what has overturned
it ? It was not Europe--it was opinion." iMurintue of applause
and disapprobation].
Examining the law indetail, the orator proceeded to prove,
that the proposed responsibility of all persons concerned, was
altogether destructive of every tricks of litierty.
The printer, with his commission front the Government. and
depending on it foe his existence, will be frightened and become a
dangerous censor over the work, whatever the Keeper of the Seale
may say to the contrary, The censorship would be less injurious to
the freedom of the press, and to the progress of the human mind,
than the mode of seizure consecrated by the second part of the law.
It would be better to have it mutilated by a censorship, than stifled
by a seizure. In the ease of the censorship we know on what to
depend. It is not impossible to find a censor who may be divested si
a narrow mind and icy heart—a censor whose scissors $:1411 not be
those efthe mates. In fine. :hey may make curtailments and sa-
crifices; and nevertheless, human thought, when it has trete meepoli
from this bed of Proerutes, may take a free spring, ant assure the
author, the printer, and the bookseller, an entire security. But
where is the author who would choose to dedicate himself to intel-
lectual labour, where is the printer who would expose oimsell
enormous advances of capital. to see the joint result of their genius
and their art, the fruits 01 their vigils and their speculations. fall be-
neath the iron hand of the seizure. lluonaparte. who was knowing
in despotism, inserted no such severe provision in his decrees on the
third • - - which the

and of yleissing weakenitig
The Member then declared in strong terms the various
evils of a censorship, and concluded by au assot duce ut hos
opposing the law.
M. Jollivet contended, that no one thottOtt of d mantling
the indefinite linerty of publishing his thoughts; the wily
difficulty consisted in placing wise limits.
" They :peak of natioall representation, (said be). Be it so : she
King is horn the represcatative of the nation. I: k in the C:u..o
that the germ of all of all hoaourr, is la.w d. This legit:-
mate inheritance of his Crown, fixes there, with the Usti
people, this primitive representation, from which all otherweinartdo.
s'here is the silcml residenae of the sovereignty. Tie powers esta-
blished by the charter, are only the means of that sovereignty. toe
the dispemationo:*order aril justice." iTransports of approbation].
The orator next examined the question of trial b. J.l rs
which is sought to be iutroiliteed in cases of offences by trio
press.
" The charter, (said he,) recognises a jury only in criminal met-
iers. ordinary jury would hut satisfy the adversaries of the pro-
ject of the law. They must have a jury of philosophers and met. a
latter*. In fine, thejournals arc esidently a class apart. These
rapers cannot be compared with those literary woras, the pro..uo.
Mini of genius and disinterlitedncss, inatured and ourrected ia the
silence of the closet."
He then 'hewed the dangers to which an unlimited liberty
of the Journals would expo se social order.
To brave perils, (he said), while we can remove C cm, would
appear to be on au equality with that yi 11410111 that would cry, we wit
robust enough for giving ourselves a fever." LA laugh].
M. (ianilh was in favour of absolute libeity, urns
Pasquier, the keeper of the seals tleftudeil the lass,
sensible amelioration of the existing system. 1$ diliiigo•sh.
ed bct.wecii the Journals and es Cry Other specie- h. rothihr-
sitiout. The Journals %sere in themselves a kind uf row.
estop priv ile4t• in Cie midst Of society• it was an lattit
lS
think that wie journal could repair the evil created Loy ciao.
tiler. 11'ould ali those it ha bad read the pernieimis art ode
adopt, or even see Ina refutation: or coohl
of the culprit prevent the pidsini tram circula; nig!
11-,pt-ct tie the tiwl by jury, tie obsei%eJ, that in oversees
aC
the press, Ilk. ..judgment requites a mole co.iiplex opt rotian
of the mild, than ordinary jo: ors we-re capaute of exereislog.
" I might doubtlzw, (saiil,lte.) as a coarnierioner, confine myself
within the principle generally acknowledged, whim tikes not permit
so important a modal...ad ni as the introduction Pt road hy Jur, to
la.:come ill any case the suhjectof simple ainetiumcm. It is one mot
this mode of piocedure applied to wriungs, would he tanno.maoic to
the existing sy stem: I know all the ineotiveniences of dance Mao-
ri2S which are presented with a Milt Of a:hi...UV:M. Yet
port 111111.: u,ans facto. 'Mu gcv.itcsi acid Milo; AtAti of t's
tar. :e4e thii.t,lit he could in the throws of trerviAdap toe .•r:164
oh areiires GoveriAaii!Atichien has since niaiLllkli a hai.,••
4,4Toi.ti; bat t'iisgreat gemiti midis hare tours'
&Jury in the first :igos of society, in to: dine
justly:, were u slid ui the axine hand. when
became the accuser and tie judge sill the cut,
eats of society Loraine more totnpitiatol, jtldgus
' appointed tiO d.ci.lcou crimes. Lately lo lerar
ajury was adopted; but Franco has carefully t
the examination of the mattLia: xi,:

In tiospution, 1111)41-41,1 ea." .• • • •
press. hut let us examine the third part of the law in which the
committee propo,es no amendnients—i mean the mole of trial,.
What! should o:rre,:tional Tribunals judge of thought, genitu,
opinion, this queen in the world, as they judge of mendicants awl
vagabonds? is it to the tribunk of police that you would commit
she haglations of thought:4W yma *gel !WU ditia6•74
to the human underttatollng Lion i,A an idea is in pyrfau
harmony with tne system that gives to aoreu atr ruinds to the levee.
tigation of the police. History presents no example of a systL tr. vo
well calculated for humiliating and degrading the genius of IDOL,
and of dennsing atl weakening the nation."
•

nice niatLift.:4 a tiaa.it
•
uti.id tuc :Anne urivr . t
int.! wnen ~...ngelllC4 and .4
:'?+ of Ole witn...s. of a cri7la .. ..-./. N:
ulent. Vi.i.fu tug niter- •
se% and in.tin•ttilt..s we* .. ,Z.4._
,r.iner tie insututhin tf ri.Wl
ly citi4ingui.llctl•betweeia
.14* ac ..i.,..,:. auur t.te YHA.
..,..
- •

.- -
passion ; it is the will of Divine Providence, and I must the:efore,
stshruit. Only le long long days have we been parted, yet it seems
bottle as many mouths. 3h !my beloved girl, 1 have have been
miserable indeed since you left me ; nights have paAed without sleep
Soot:ill thoughts to tranquilize my mina have proved ineffetual. llow
ellen has my own dear Nanny told me that my love was not so strong
for her as hers for me, but it is not the ease now ; I feel that heavenly
!gin in all its strength. No. you do not love tie more than Ido you.
Happy ! happy day ! when shall I press my love to this throbbing
bosom. Oh, love! heavenly gift, ! let us not be long asunder. My
wish, you know, was to have made you alloy t.val:fore you went,
Lot circumstances would not pemnit. Can env love doubt my sincere
affection ? No, not nor ran I doubt her sincere affection for one who
kvee only for her ! How do you do? Is there any thing new ? Oh,
any love, need I entreat you to write to me. I believe mat t it love
be as it was, it is superfluous. Console my heart with a letter ; and
when k receive it, l will kiss it as I do the precious lock of your
sweet hair, which I look at with heart-reading sorrow. I pass your
former house frequently, and I always sigh %%Inn I look at the door
into which I have so often entered with sincere joy, to embrace my
•only life. &c. Believe me, lily only angel, yours unalterably till
•• 3. SA M PSO N."
P. S. I again open my letter to pen a few lines to my love : God
• bless and pres,:rve you my dearest my only comfort in this
world."
The next letter read was tlated—

w May 17th, 1812.
e. My sincerely and dearly belocce is the second time I
take up my pen to write to one whim I love most sincerely, as I do
; therefore you may judge what are my feelings at this mo-
w...lit ; you know how to appreiti et'OClll and I cominmec in conte-
ssuence by t:liing you how I nave been in health since my lust letter.
The breakiogs out on my biy.ly &c. have continued until now ;
Alan et in : they appear about my carved face, sometimes about my
leak and other putts; they hate frequently kill me from sleeping,
when my thoughts were only of you, &c. I have been eveisalingly
low in spirits. so much as to mu e to Lind S. and Sir P. Hill to have
Joked inc freilueurly at table; but all the world knows that I love
you dearly, and I glory in the circumstance. Will she then ever
forsake her inceno J. T.? No! our hearts only ems.: to love
when we s all cease to live, &C. I will now give ycu some intiwina-
tion respecting cur future union, which shall take place as soon as
possibl,2: ht i, wy 'roundel duty to keep nos'iiitg from yon : Imo it
likely that Lora S. will be made Ambassador, and then I hope to
have 4645. at .5::01. a year, and it so, 1 wilt senti tor you immediately.
Do not think that I mean by this to give you any new tie to bind
you to the only titan who COO make you happy, &c. To preserve
the only ob;ect of my soul's happiness in health and virtue is the
prayer of your, till death, "J. T. SAMPSON."
A lean dwelt more p6:11110611411? 1111 ate tie f:Y111111'
11)0(1.11 mil dirties, and silair words es pri sseil his feats
" his soaps idol" had (alien into the hands of a lyre aide •aiii -
dim' from Rochfurt. A fourth contained the ihnowing
graph :—" I hope the time is not far distant when our heari
will ire united. l have now in thy ouanm your sweet hail ; 1
wish I had yon in my arIIIA, bill that it appities. is 6.41 to (*Mae
I hope the time iv not far od.; oar hearts are already muted.
Remembe whit I told you before your dear father's lia.,e
nes* --that worn I cease to love my Nanny, may that
my last, for thou would I close any eyes without so' row " ate.
After this letter had been resit, Searlett nicotined
Lordship. that Mr. Denman (who was with hun iii the call-e!
had taken an opportunity of seeing the defendant, who 114
undonliteilly a roriplete answer to the olaintiffs ease, Omni;
he(Mr. ) might regret that lie should b.• the iasiro
went of layin., it before the jury. The ilefmdant was vr;;
big that die oinject %tumid he privately investigated and I'
vateiy iireinged, without the inconvenience of further dis
dostio es.
Mr. Topping said, that the plaintiff had always been awn-
shoat° avoid publicity, not wishing, even tinder all the aggra-
vation of her case, to expose the coirespiindimee of the de
fondant. Not nose. than a mouth ago au ineffectual tit [env
dyad beep made on her WWI to produce a private if not an
atisicab le arrangement.
Lord I.:Rents°, ough expressed his satisfaction at the course
adopted. and a serdiet was taken for the plaintiff—Da-
Wages 2,41inh., subject to the arbitration of Mr. Courtin} .

TRIAL OF MR.OI HONE. FO.s.OI)R THE PUBLICATION
PA ILS.
THURSDAY,—'rat Ilia° V. HONE.
an Shepherd stated, that this was an information preferred against
tint defendant by his Majesty's Attorney-General, or printing and
publishing a certain iminous and profane libel on the Book of Corn-
elison Prayer, called " Wilkas Catechism."
The Attorney General said, the Jury would have learned, from the
dpening, the nature of the question which they hail now to try. In
mating this ease, he should not feel it necessary to occupy any
egemportion of the time of the Jury; for it was impossible to read
the publication in question, and not perceive that it was what it was
charged to be—wicked, impious, and blaiphemous. It had been
said by one of the moat learned, as well as moat religious Judges who
ever presided in a Court of Justice in this country, he meant Sir
Matthew Hale, that "Christianity was parcel of the Common Law
of England." Such were that Learned Judge's express words ; and
she Church Service had also been made part of the Statute Law of the
load; for in the reign of Charles 11. when the Book of Common
Troyer was collected in its present form, an Act of Parliament was
to establish this Collection of Prayers as the Common Prayer.
11717(!itlicule that Book was not a crime, then Religion ceased to be
land= the protection of the law. If the Creed, Ten Commandments,
wad Lord's Prayer, were not sacred, what, on the face of the earth,
"wild be called so ? Whoever, by parodying them, rendered them
'ridiculous, whatever might be his object, brought religion into con-
"Sampt, and was guilty of a great crime and an aggravated libel. The
Attorney General here proceeded to compare the different passages of
ate Parody* with the original Book of Common Prayer, which lie
laid no man could read without seeing the object of the Parody must
wto bring the Common Pulver into contempt. During the time
the Attomey-General was reading the Parody, the audience showed a
disposition to laugh.
54r. J %Mice Abbott immediately ordered the Sheriff to place Officers
Ss the Court; observing, if any per,on could be found so lost to
(keener/ as to consider the publication as a subject of merriment,
they must be taught to know that this was not a place to sliew their
diaposition in.
The Attorney-General then resumed. and having concluded his
*dams, called witnesses who proved the fact of the publication by
defendant.
Mr. Hone then proceeded to address the Jury in a speech, which
'listed nearly five hours.

• The following passage at the commencement will give ail ides
of the whole :
.0. A CATEcrilsm, that is to say, an Instruction, to he learned by
mery Person ktbre he be brought to be confirmed a
or by the
vguestion. What is your came?—Answer. Lick Spittal.—Q,
'Ono gave you this name ? A, My Sureties to the Ministry, in my
'political Change, wherein I was made a Member of the Majority,
ibis Child of Corruption, and a locust to devour the good things of
Se Kin ,dom.—What did your Surities then for you ? A. They did
promise vow tl,-ec in my Name. Fir.t, that I should renounce
Refor.iosta and ;JI their works, the pomp* and vanity of Popular
Savour, au,i al the sinful lusts of indeptiiiieriCe. Secondly, that
4ltouki Lel tcyi all the Articles of the Court Faith. And tinnily, that
should keep the Minister's ante W ill and Contunidspeata, URI Valk
llithiaallve th• avid!' wy life,"44. lIQ

TIM 14A'llONAL IMGTSII:II.'

His ground of def.•nce was, that the practice of parodying portions
of the Scriptures, had never bean dzemed blasphemous, and cited
r.vious instances of its having been done with impunity, from the
time of Luther to the present day. lie was frequently interrupt:d
by the Court in his rei;ing of various parodies. Mr. Justic: Ab-
bott contending, that however high. thecLaraeter of the author, yet
the publications w ,:re highly improper. -
The defendant conclued, by &teeing his innocence of any intnit
to ridicule religion, and Called witnesses to }now having stopped the
publication of the parody.
• Mr. Justice Abbott. in his charge to the Jtuy; declared it to be de-
sidedly his opinion, that the publication in question, was an inil'iuus
attack on the Christian Religion ; it wus an attack on the law of
God and of the country. And with regard to the intention of the
defendant, a usen's lineations Mustalways be judged of by his acts.
A great number of similar paroli had been quoted, many.of them
were gross libels ;and if none of them had been prosecuted, it did nut
follow that such anothet libel should not at any future time he pro
sccuted. The defendant had certainly stopped the publication soon
aft.:r it appeared, but that was nodef,tice, anal could only be adduced
in mitigation of punishment at sonic future period.
The Jury retired for about half an hour, and returned with a vet-
' diet of—Not Guilty.
So soon as the verdict was pronounced, as it was in an emphatic
tone, by the Foreman of the Jury, the Hull, which was immensely
crowded, resounded with acclacuattons of applause. The Judge or-
dered, that any one found disturbing the order of the Court should
be immediately taken into custody, but tic applause still continued
without any abatement, and the Judge that said, •• Gentlenien,uuy
pleasure you feel, I beg you to exprias elsewhere, and to leave the
Court." The people accordingly left the Court, and as they proceed-
ed the streets, the language. of joy was most loudly and une-
quivocally espressed.