The National Register.
London, England, 1819-12-27 00:00:00

ON THE NEIV ME.ISURES.

Paley. in reference to trial by Jury, I►asoltserted, that
" in p:oooraion to the acknowledged excellency of this
mole of trirl, every dcrirtiou finin it ought to In.
St Wiled igilatsce, and admitted by the legislature
(doh cannon and relocctsice. Su uoutry cuusit• s
b fore Justices of the Peaces csp chilly for offottes
aktinst the tome Ito s t r•un.ts of couscitnice, extending
iltexittsiliettint of %MIMS of qui far the
diblissetion between gm:shims us law and matters of fro,
sere all sis nuuy incimeaemenis i1)1111 Iles great charter ril
public safely." I'et in the bill "m restrain the abuses
front the poblielt 'Oil of 111/111111C11101111 and seditioas
libels," there is a clause declaring. " that it shall be
lawful for any or more justices of the peace to
lexir and determine ally offence or offences which sh3ll
I.e cnu►rnittcd int:that this act, or any oilier act or acts of
Pa►l • tent, Wllith ale II) this act to he construed there-
s.idl, or any part thereof, chid t. suljects the offender to
lY pecuniary penalty, not exert ding ." And
in the bill resiteeiiitg erd it meetings, •the powers
conferred oil Justices of tae P.:4ICC, or any one of them,
ore still grerier and mitre 1111111 l rims. These inersiirvs
air introduced, it is Lll4Olllll we loupe said truly,
tile view nt ;preserving the public ►e ; but un the
principles Ir ol down by Palsy, and all uar•cuust. I
ssntrr+, they are directiy hostile lo" the great charter of
;Hittite sairty." And like Mr. Searle% it is " because
sve have a serious slid solemn conviction that these new
measures will proMce a directly contrary effect to what
is expected by their supporters, that w e obiae•t to them."
1 'mead of atithog to the secant's of the Government;
.t.iey will, in our humble opinion, greatly lessen the
security of the (;overit mein and nue people; and this,
we conceive, is the irecessrry result of all which
trench deeply on the natural rights, and which directly
oppose theniselies to the general feelings and opinions
ruf

It will he allowed by all our readers. that Hume was
s man whose 'sanity was equal to his genius. and who
was nearly as conspicuous kir his attacionent to arbi-
trary principles as for the solidity 111 his judgment. Yet
ilunie was of opinion, in the year 1741, that " the
general laws against sedition and libelling were as strong
as they possibly eirnid be made. NothinA (lie cant tim-s)
can impose a further restraint, but either the clappina
an imprimatur upon the press, or the giving very large
eti-creitonary powers in the Court to punish whatever
rlispteases than. Boot these conceisions would be such
a barefaced violation of liberty, that they will probauly
lie the last efforts in a despotic Govertiniein. We may
conclude, that the liberties of Britain are gime hir ever,
when these attempts shall succeed." Had Mr. Home
lived to the present day, however, he would have seen
the poi-ability realised of Imposing further restraints upon
-the press ; and such restraints, we conceive, as are more
cruel matt if ail intprinsulto had been vstablishecl,• or a
law lased prohibiting the publication of all (plutons
lint coinciding with those of the existing Adnionistra-
Aom. If the imposed measures made laws, the
press will have no safety but. in republishing ; and, in
this view, it is fortunate idiot past times have pro-
duced flume, and many oilier great men, whose love
of liberty was stronger titan Isis. But the writings of
flume, in so far as they have a liberal tendency, are
the more valuable, inasmuch as ,his opinions are the
clear dictates of reason, and intended to favour and
support the Crown still more than the subject. "It
has been found," says this writer, " zs the experience
of mankind Increases, that the people are no such dan-
gerous monster as they have been repr-setitei: ; and
that it is in every respect better to guide them like
vational creatures, than to lead or driie them like
brute beasts." Ile had pet lou,ly remarked, that "as
the republican part of the Govei intent prey its in En-
gland, though with a great mixture of monarchy, it is
obliged, file its own preservation, to mai Mill II a watchful
jealousy over the magistrates, to remove all discretionary
powers, and to secure every one's life and fortune by ge-
neral and inflexible laws." " These poileiplcs (lie conti-
nues) account for the great liberty ot the press iu these
kingdoms. It is sufficiently known that despotic power
would steal in upon its, were we not extremely watchful
to prevent its progress, and were there not an easy
method of conveying ciao alarn in from rune end attn•
kingdom to the other. The spirit of thn people must
frequently be roused to curb the ambition of the Court,
and the dread of raising this spirit must be l'lll-
- to prevent that ambition. Nothing is so
effectual to this purpose as the liberty of the piess,
by which all the learning, wit, and genius o:
the nation, may lie employed on the side of liberty,
and every one be animated to its defence.
long. therefore, as the republican part of govern-
ment can 111•111.1.a111 itself against the 10011 a rchicJl, it
must be extremely jealous of the lioerty of the press, as
of the utmost importance to its preservation. Since,
therefore, the liberty of the press is so essential to the
support in our mixed government, this sufficiently de-
cides the question, whether this liberty be advantageous
or prejudicial, there being nothing ot greater importance
in every st-te than the preservation of the ancient go.
scrntnent, especially if it he a free one. But I would
lain Ito a step further, and assert, that such a liberty IS
attended with so few disadvainages, that it now be
etausied as the common right 01 mankiiid." TIRa
liberty of the loess, theiefore, however amused, coil
scarce ever excite pripilar t iiiii tilts or rebellion;
and as to those intismors, or those secret discuit-
contents it may occasion, it IS better they should set
vein in words, that they o.a;v. come 10 the knossle.!ge ot
the magistrate bekre it be too late, in order to his pro-
aiding a remedy against them: Nlatikistd, it is um:, hair
always a greater p‘opension w b.-I eve what is said to the
disadvantage of their governors than the contrary ; but '
this inclination Is inseparable hum them, se twiner they
have liberty or nut. A whisper till fly as quick, ani;
be as VVIIIVIOUS, as a 1111111)11kt. Nay, it will be more
pernicious, wilco men arc slot accustomed to think
frocti or tlistinguisk bet' ~,‘,l truth and falsehood.

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Tilt NATIONAL REaisTr.n.