The National Register.
London, England, 1822-04-15 00:00:00

THE LIBERTY OP THE PRESS.

As the persevering advocates of that Palladium
of Liberty, an unfettered Press, we haste to apo-
logize to our Readers for having so long neglected
to notice a publication, which is calculated to do
great service to the cause it evouses—hut the fact
is, that it came into our hands on the very day that
Parliament met, and we have since that time had
our columns fully occupied, besides which it is pro-
bable if we had noticed it, while the intense interest
of the Parliamentary proceedings engaged general
at:cntion, our encomiums might have passed un-
heeded—our praises scarcely have been read. The
work to which we alludois from the pen of a Mt.
Thomas, (a professional amtleman, already well-
known to the literary world, by several publications
at once aide and utile). and is entitled " A Legal
and Constitutional Argumenr; against the alleged
Judicial Right of Restraining the Publication of
Reports of Judicial Proceedings, as assumed in the
Kings. Thistlewood and others, enforced against the
Proprietor of the Obserr,^r, by a tine of £5OO. and
afierwaras confirmed by the Court of King's Bench."
For the preprietor of the Observer, we felt neither
commisseration nor pity, became we believe his
disregard of the order of the Court did not arise
from an honourable feeling of independence, and a
determination to fi,,.;itt the battle of the Press in
general, lett from a petty, selfish cupidity, which
anticipated considerable profit from forestalling his
brother proprietors, who might not chuse to cet
nought the declared wish of the Judges : still we
feel that Mr. Thomas has an indisputable claim to
the gratitude of the publiz at large, and Gf the
Pmprietors of Newspapers in particular for iii., pre-
sent interference in their behalf, and for the very
great industry he has exercised in his researches
after authorities, by which precedents are proved to
haveb,:en decidedly opposed to this unconstitutional,
and unjustifiable assumption on the part of the
Bench. Peter l'indar, describes a certain deceased
philosopher, blown up with conceit on the setae of
his own arguments, thus—....
I grr50t that he's no intellectual lion
Subduing every thing he darts hie eye on ;
Rather, I ween, an intellectual Ilea
Hopping on toence's broad, bony back
l'okiug his pea prole xis or attack,
Drawing a drop of blood anti fancying it a sea."

sow, though totally unknown to Inin but by his
works, we think that Mr. Thomas is the very oppo-
site of Peters philosopher—his advertisement is
modesty itself, and in it he feelingly deprecates the
censure of his Readers, for faiths we cannot find—
for negligencics we have sought for in vain. In
his PREFACE (firr we might be accused of pedantry,
if we followed the author in the use of the word
Pito-Ex—besides which, many of our readers might
nit so well understand a word derived from the
Greek), Mr. Thomas properly observes—
"The politics of the day arc entirely unconnected with
' the stitious legal matter which I have twidertakeit to in-
vestigate. It is simply the question considered whether
or no str Englishman has a right, by the law and constitu-
tion of his eouuuy, to publish the proceedings of an Eng-
lish court of justice t If this be a tinestion involving, or
es en affecting a particular system of politics, then I must
coolies. that 1 have been egi egiously mistaken in my view
of the case. I defend the atramatire of tile proposition,
conceiving the right of publication essential to the pure
administration of the law in our venerable courts of Jus-
tice, tt Ito, like'l'rttth, her constant undeviating compa-
nion, needs neither mask nor veil. Notts ithstanding the
little differences 111141 petty animosities occasionally ex-
cited by particular measures, we shook' never sacrifice
our judgments to our feelings, nor our charity In our
indignation. We should Nary all our private resentments
in the pit Übe benefit of our hallowed conoiry. Cahn
investigation is useful, but violent contention is shwa)s
danget nos."
The nature of the work, which consists of well-
selected authorities, precludes the possibility of a
quotation—we therefore close our notice of it with
a re-iteration of our thanks to the author, for a
laborious and essentially useful publication, in de-
fence of that right, width 1‘ Is like the air we
breathe, if we have it not, we die."