The Sun.
London, England, 1839-05-01 00:00:00

to
most dreadful acrd fearful law. The definition given lif a reward of 501. :were to be off.•ied in a proclamation
any pehton who should toke away the
Queen's life the nr
was, th et it signified " any violation, positive or nega- 1
cletnation would be adduced as ev•dence' of a " n-
tive, of any legal or moral duty." If any person was .
against the life of the Sovereign. The piracyCathelieconrselon
guilty of that he was to be accused of malversation. i
was the establithed one ie Malta ; is to
tee , rotestant reletio 1
So that if he said of any man in an official station I
was merely a Sect, and all dissenting bodies wsee equallyt
that he was not a charitable man, that he did not i tolerated ; but to revile any one of them would be a libel.
spend his money in support of the poor, then he would i tl must say. that he approved of this enactment. The
cenie within this definition of the Commons, and be
publication of Mr. Wilberforce's book in Malta would be a
punishable with twelve months' imprisonment.--(Hear, libel,
because it said (as he had been very sorry to perceive)
hear.) The persons who were protected from mad- that Socinianism was the half ytiibenulsie to infidelity, and to
versation furnished a very curious chapter. He ob- publish the oath, statine that'va ass was superstitious
persons in a public station in the , and idolatrous, which their Lordships' used to take before
served that they wets
IS29—to publish this in Malta would be a libel three - -
Government, Judges, Jurors, and a sentry—( Laughter) i
!he did not object to more provisions, because the .6."3.'
—employed as a centinel—he was a public functionary
tube founded on good feeling, but he objected to those info-
" " employed or concerned in administering" the govern-
vations and those perversions of the definition of libel 'and-
ment of the country.—(lmmense laughter.) Here were
publication, which made that punishable which no law ought
officer and guard, 1
the very words," a Juryman, a military tnpunieh, and which was totally at variance with the law of
or a ' sentry' on his post is employed or concerned I England. But it had been said that before we condemn
in administering such government in a transient cepa- tlahwe.perfeisibnett,syeewe ought to compare it with the tete
city."—(Roars of laughter.) Then, if he were to say of
then
e it would be seen th it there was an
that public functionory who was " employed or con- imerovementan(butish
the
dprepfer to the promise that had
cerned in administering such government" that he was been made to ;abeland establish the Li
too food of drink, as too many of those public function- berty of the Pros's, as was stated in
jauntroridie ince of the.
Government of Malta, dated-the' t.
cries were—( Hear, h_ear, and much laugeter)—that,,,St3tit
1.,
enut
rw which
would be twelve months' imprisonment for him. It was ' promise vvre, net performed. He denied 't,
Law of Linel was any improvement on the old Maltesetee
said, nay laid down as a positive doctrine, that to revile,
Censorship. If he were an Editor of a Newspaper, or a
to vituperate persons in public capacities, did not affect
publisher, he would rather follow his oceupatior, under the
their reputation or wound their feelings, as it was to be
law.
Censorship than under the present uncertain Lind vague
considered as proceeding from party feeling. He would
ii
paewd.,r3tl.l,lnrid.er the present system, he ass left ineapsble of
ask if that was true ? Hu rather believed that if any when he avoided an infraction of the Law
man in this country in a public capacity was held up I of understanding
mg
guilty of it ; but if he were under the
and reviled in every newspaper for a twelvemonth, be I Censta'shint'swbfeasmigih3t 1):: sure that whatever passed. the
would have very little reputation to lose and very Censer wast' uot the present system was worse in
little feeling to wound.—(Hear, hear, and cheers.) another respect—thea.
was rinteldd laatwilianl practiceap at least, was con-
Suppose he said of a Minister of State, that the . fined to what 'tnted books upon any
stature of his mind was less than his body ; that he was subject were allowed to be imported—that t
system was now
a person with the soul of a cockchafer, and the spirit of cut up; the Cemmissioners, however, boasted of it as a merit;
t and the Catholic clergy, they hl.
a titmouse—(Much laughter)—orsupposing he was to . . a a . were well pleased at
*
neing Able to excite; , . e those books which under the old
say—a Minister, as Dean Swift said, "is an • • nutlet sv-tom used to annoy their demieaet sect. 11 thought
devoid of all feeling whatever; truth is an entire the present system ought altogether to he abaltion,d
stranger to his bosom, as feeling and humanity is to his One of its crying evils was, that instead of leaving it to
nature. He never says yes, except when he ineang no jurorsiie to decide whether there were in an alleged
libel
—(Laughter..) He never denies a thing unless heculpability, the question was decided by a
positively knows it to be true."—(Hear, hear, and singlele orJud and that not an English Judge,
laughter.) It watt a fact that that was said of Sir but a Mafte had the other day
Robert Walpole. " When you aro a suitor for his favour sentenced a speersoanwyteor, sixwboo
ome.nthFa,:r imprisonmentth for
if he smiles upon you, have a great distrust. If he ridiculing the Catholic relig reasons, he
(Lord Broughine) thought it his duty to the
makes you a promise distrust him still more ; but if
this position of the Maltese La w before theiyr Lordships.
he of
. squeezes your hand, and professes friendship for you,
He lied no doubt that if the Queen's Government did not
give yourself up as a lost man."—(Hear, hear, and
ofdecrec to call or suspend the ordinance for the purpos,, of
laughter.) Every man of common sense, in this situa-reconsidering.hec)e and improving it, their Lordships would call
tion, leaves town and retires for his life, or at all eveutsupon Court to disallowta it. It might Itc said. that to do so
until the Ministers change.—(linrnense laughter.) would be stilll theHluesired establishment of the liberty
Surely no man would envy the repose, or be jealous of of the press in Mesltay t utely it would bs better, after
the dignity of such a Minister, if it were said that his the time that had already elapsed, to wait a month or six-
repose was the repose of a shuttlecock and the dienit • weeks longer and hate'
the
Iprt, measure a boon, and Lot a
of a puppet.—(Laughter.) Suppese these words dignity
bane as it; was: now. cbct'ultiodethe origin of this
evil, be must say that all thlo7seen
used in reference to Mr. Pelham, could it be
at-6111e si
lees
lre trotl.tributahie to the Commissioners, '
at-
doubted that it would not have a tendency to
Noble Friend, but to the Council of Malta ,to
for'la
lower his reputation, and to wound his feeh
the Learned Judge to whom he had referred,. he
ings ? Yet this. very extraordinary document now was fully aware of his long practice and experience.
before him said No : for a very curious reason it said, be- If the Chief Justice had continued a member of the Coun-
cause that it must be known that these words would cii,He begged
ordinance would have seared the fate of the others.
be the ebulition of party animosity and the weapons of
btaodapologise to their. Lordships for the length
party aggressitn, and because the party attackod must of time he hear)—but he had made
know in what light such charges would he re aided by these remarks woitcheunpoiedd—( occupied—(Hear,
degree of
prfegret, as regarded the
the people. But suppose that three-fourths of the subject, which he held toe paramount importance,
people should regard such charges in a very favourable and which had occupied
his attention for some time past.
light, and one-fourth in an unfavourable light,His
would long esteemed and much loved friend the Governor,
they wound his feelings then ? Now, according to the
being a military man, was not to be blamed on account of
old fashioned feelings of English law, such words wouldspared
this ordinance. Ile had hoped he would have been
the task of adverting to thin subject, but it had been thought
,be considered a libel, as having a tendency to lower the that the better part of valour was not discretion it had
reputation, and wound the feelings of a party, and been determined to find it out, and therefore he hoped a
they, would be redressed by actions, and punished b
veryy satisfactory defence would be made. In conclusion, he
prosecution.--(Hear.) The law of England was begged.,‘ril to, move that an humble address be presented to
betleite some respects, but in nothing worse than in not herthis ordinance might be disal-
,jf:e;rty:t,lepr)aying thatfi
allowing the truth ire justification, under prosecution for lowed, laving its different pieta iecon-
lidsel• Perhaps it ought not to be admitted in an ac- sidered.—( Hear,lwreaser. )
Alone but itrOught always to be admitted, not by a plea Lord GLENELG commenced by •
theable,sayinlg that he felt
on the record, but in evidence to the Jury, to rebut the the disadvaramee of rising aftereLoeqaruneendt, riwe er-
Cbergg elf nhaliee, ~This was always his doctrine, but ful, and facetious speech 6-f his Noble and
not. sq the., C4Mmissioners. Now, pas Sing by
,:„,.atai He felt that with his defect of legal knowledge it wouldnbde
. grapple imprudent and absurd for him to attempt to with
minor imperfections, he would expose several of the
the Noble Lor uo the egal topicsca
he id urgd.
glaring evils oft the present system of censorship. Whoa- His Noble and Leaprnn edallFriend had paid a justte trib .eo f
me
ever a printed censure was -uttered against a man's chi.d r- praise to the Co:nmissioners, and he (Lo Glenelg) had
meter ehoeMaitat the ordinance divided the offence h '
"
intode a right to claim that tribute, as w n
arrantine him in Pla i •
twohiiyishanat• It had either a tendency tome„ no small degree of confidence in their judgineca. 'Though
the person; .. or it
had not. In the former '
. cos', it was not for him to copy' with wiles Noble hal Leareed
the punishment was twelve months' imprisoment Friend in time, gI it .. areurn-ots And tit- legal tneaoiug of
th o
for the defamation, if the offence came under the words, rto pretend:
.to eenxt.•i iuto. a discussion with him aseo
latter division. Perhaps their Lordships might the bearing of certain expressions, yet he could not but
say that this was nothing at all, and that there feel that if those Learned') cdnessionere werepe present to
would be no punishment as there was no defarna- answer his Noble and Learn., Friend.
._ those points,
their Lerdahips would, at least • , ~ p ect ish there was very
tion—but here their Lordships would be quite mistaken
little ground for exult. • aeon on the superiority et hie ergu.
—the punishment in the latter case would b. '
six moot. He thoue,lit th-
, proposition of his NL,bla any
months' imprisonment for classification sake.— Learned Fe .
Fiend, that this ordinance was worse than the
(Langhter.) But a censure on a man which did not le
c‘c;inlitieship
that
somewhat um estrous.—( Hear, hear. )
defame him was not a libel ; and so far from being
a!1 discussion
censorship? It was a complete sueprees'on
punishable with six months' imprisonment it ought root of at
which
nititollitical subj sets. \Viten he looked to
to be punished by an imprisonment of six days, or :ht: in ,o7icearslin" 1 tits hid beet, gov,•rned. aid to the
even six hours—the fine slould not be Id., for there abuses that haul's' grownuip in tha.t4stttlement during the lao
was not a half-penny damages, because it it died not n ie conee.ered that the Maltese had
defame the publication was no offence at all. Oh been depressed and insulted -7-that all places of emolument
and honour had been a:- '
hut the Commissioner said it may wound his feel-twee. to persons from this ceuntry ...._
logs ; but the English law did not regard such -'nit for their integrity. or great tea, ioog, hum for very (lit-
tender probabilities. The principle of ttte• 1I• ferent purposes--that -or-
wt hene,hheafd.,:eneint4laid exhorbi
IT, tautly, and were siteee.area ;e
tieh law was " lea de minimis non Curet,: • - tinW ipi d Hit 4 .:Ait ay:lantll the , w hole speent: ,of -battier' their charities
say that a man was not an impressive speaker to say .I.,iticant ,lii;:.d.iy:ii:zii,,
,tih,)ein- ho sviOuhi' sits' that' among the ean....'e<
that he was a bid poet—that he was neither hernio-disc-talus result, be would
tahi:e-n.u,.trn:tfl toan that
nious in verse nor eloquent in prose—this certainly ;.I,,ce the
wound a mao's feelin es (altliutib part of the p.ople, ofy illy'n:
cc '
,),I"iily `'tsdi-eusseti"' "n the
might very not undlydee, tt :were ars
Le• km:: beck for t:w last ce,itur::',(l:;tcori
many might wish that no!lunte wo•so was slid ‘-,r t ii•?:” );
but surely it Itollid be ;deur(' to cap et th 0 on, ia, the history or this eolat,-1, lie iv;lld ,i:kit:y7cl"...lr 'ell.2lt. in
~f abuse; ead nat bee il owing to that''ptOeyterri.uleYila'
would punish one that threw out such an imputation reeli"u
s-rum-nt the Press. Wet he to believe that the complette
with six montlishimpritonment. To tell a worn m that.
ex, iuction of public discussion, whi..h in every other plat
a man who sued for her favour was ten times nior,.. (hill
of shy.' world bad produced injurious consequ-n:es
and stupid than ene%of his rivals; Would certainly he one had in M.ilta been perfectly innocent, and hid been pro-
of the most peinful euggesLons that coeld be inflicted cliu
active of no evil coesequences ? Then, said his Neble
on his fitelingshAlatipgliter)-hbut Ito moan would think.
„,,,„ Learned Friend, they had prevented public dons in
surely, that this: wee a hoe' oesercjog to 1):! puoished ‘;
hut they could not preteat its importation.
tvith six months' ; ;
anPr•lontbent.—( il,ar, hear.) What, Wh"uentrY'
island
y o.fi e‘isauirpr, scion of all printed publicatiees in the
should he (Lord Brougham) say of the Noble anda was au odious and ti - ' hl L •esetee, ;Let. It was
Learned Lord (Wyirford) opposite., that no man calculated to exeite suspicion,.
t, to bring the Got ernmexit
perpetrated .worse penmanship, not . even himself (Lord into discredit, and to niiilz.
( Heali . nation to think there was
Brough 111)? It.migbt certainly wound his feelings (if his something to conceal.— ) One consequence of the
Noble Friend boasted of his calography, which he did admission of printed publications was, that whereas the
, discussions in the island were carried on by charge.
not) ; buthshOidd a ni,..n b! pnnished for six months
printed
and
answer, by accusation and defence, the
imprisonment . fur eating . tide, supposin-
g that it did lications imported into the country were the workspnb"
emend the feelings of his Nublo Friend ? —or ouelit one of the most violent agitators, and contained nothing
to be punished with six months' imprisontnent for butip extreme representations and the grossest exaegera'-
Woundieg
,enother man's feelings for saying that he was t,
into arty
of the conduct of the Governor. He would not:enter
One hf the worst- dancers he ever saw ;or to say that irefearctitbyla:gt-oamticant withh respect to the present systeni being
.when a man wrote censure, and yet inflicted no pain, it
censorship
nic.ahsbeandbean fern-leaf adopted. He
woeld, in fact, be taking the sting out of the writing? Lew the.censc:paralysis of the public
ought a man to be punished with six month's voice, and therefore he was notabsolute
eras
prepared to argue whether
imprisonment for wounding an author's fI. such a lew as the
e!,,, ing,s. h ~ . _ presentd . .not better than the censor-
by such a statem tnt as this? .Yet all these L slop es it had been described by his Noble and Learned
series o. Friend. ,
statebsuents would he punishable -* ' '
nen six months' hnpri- d Si long as the principles of a censorship were
eonment in ftl -rite, thouell they would • ti'm rl
be reearded as -- •
It °fled and free discussion admitted, which of course ad-
ludicrous in England. Sup '' mated time great principle for tylliee every lover of freedom
. . se a. man were te say
with theintention of givin,, pain, - , trust contend, very c e ••t1 se '' ,
oast ce atilt advances wou. 1 he made in
o, jour relation has died
SUddenly (as he knew it tor' havep the progress oflreedom The Noble and Learned feed had
been the
act would be punishable in Eitel- 1 essay),, such an said that instead of seeing the. P ' ' nein: he had to la-
.ress aeya
ane, but not so in Malta, meet over its retrograde movement. Whatever was the
where there was ne provision made for it, because it • state of thiti‘; whther this c ordinance was justly exposed
was not a censure, though ithad provided six months -
•to the -charges that had been made against it or not, he
imprisonment for other statementsthe that bore merely the contendtid that looking to the position of Malta ' as it stood
possibility of woundingfeelings, N,
1. )w he thought prior to that law, every person would agree there was a
that lathed given instances enou visible advancement in. the freedom of discussion. It was
gh shoul,ll Le
e Iceo no further
to prove to their Lordships the absurdity' not for him
ito,_enteh into a discussion respecting the law
New he would show some farther
absurdities, of the edict.
of English
iI bd. He was not aware that there was any
i If he were
to write anything in manuscript, howeverart'
euibelletis, it would 1-Li.T,uhalralsvtatute or
.Act which told them precisely vvlost tli
not be attcheled to. • If he were to of libel was. There were diffeeet deciaiona and
t libellous
20, or
,L)i'f,: -
2 000 persoos, and read to them the inoa to;
~ ;Aotinsu.pveni,..thh.e
tsuoject by Larl:ed Jo-lees entitled to
out of a printed book this would not be' sa
publication—theilinuinaiter attathdis hbee•ette•oule say, that of late 3e,rs
book must be presented to the people whetherthereadi
t these leeened opinions) superseded. Since Mr.
or not, or whether they were able to real it or not y; but of-- Fox's Bill the law 'of libel in this I country might be said to
feting the hook to them would be a publication, even though.
re
et in the roast f• o jurors. t was no ion • ger a question
they should refuse to take it, and would be punishable in law
of legal dision, but a question of sen • ttihrnaetnt
tand public
as much as if it were 'read by 20,000 persons. Was ever reeling. They all knew perfectly well
caaes..in which the opinions of Juries had there
were
such confusion of 'law heard of as that at Malta ; hut thesuperseded
opinions of the meat Learned Judges that ever
edict treated as commissions, what merely were omissions: graced the
Bench. The Noble Lord had said the ordinance abolished
Well, if a man were to omit to prevent a libellous pub the Jury system.
lication, which be might have succeeded km suppressing, lie
would be guilty and punishable for a libel at Malta. Lora. BROUGHAM—No, no; I said it does not in-
If he were ttisee a libel lying on a table, end net burn it, that troduce it.
this woutd-be a publication:- This was the first time, under Le el GLENELG TI .
L . le question of altering the exist-
our law, except in caste of misprision, .that n • institutions'
on.feasants me of Mal •
h.. La was one thing, and the qaettion
were enede opal to action- If he,were to leave a
.publication, of altering the law of libel was another, - It was not a
well 'knowing its contents to be libellous; this would sound argument to say that, because you could not have
be Lai publication, whether tiny "ether person
ifshouhld the complete machinery of Eoglisb law, that therefore you,
.happen t .to ' see it of not—but still worse, are not to make any approximation to the system of Eng:
in entire ignoranee of its contents, should leave a publics-e, .
Jurythe
system of England would be:applicable
read by another, he would still be punishable, though not to
Malta,
piit an it was no answer to the application of the
-for twelve months,. only for six; that was, provided, by law, present shape
lawto say thereld might be a better
care and attention, he might have made himself master of machineryl wVVOU __ be carried into effect.
its contents.---( Laughter.) Why, at this rate he should He did jot by
see why this could not be brought to
tremble every morning when letters came by pest CO him, a fair trial before'- a Judge,a)ob.
object
without a Jury.
ifesucli a law existed in England.—( Laughter. ) For if It was his (Lord Glenelg's f
theje. to secure from persons
he did not read his letters, another mighe, and thus he skilled in the jurisprudence ocountry such a code of
should be guilty of any libel they might contain. Sup. law as would be adapted to the el
t. =instances in which the
pose a heap of newspapers should come et him, and that he island of Malta was at
presentto placed, and as would be • in-
should.
. leave them on his table without reading them, telligible and practicable the legal practitioners. The
~
end that Upon another reading them it should turn out that Commissioners were gentlemen of
there . - were is one paper a dozen of libels,
his
would have to applied themselves to their task with the most attentive
_suffer seventy, two months, imprisonment for more libels, consideration : and in s judgment, he confessed, the plan
because, according to the edict, he might, with care and which they bad selected was well suited for the condition
attention,hi have mead the paper and discovered the libel. of the island—containing provisions conforming to the
English
T h would be his case if the Maltese law ruled in Eng- principles of thelaw, so far as they were applicable
_land, Such was the nature of this most extraordinary to the country, aid
favourably received by the population.
document. Yet notwithstanding all these severities and Acceptable, , beyond all doubt, the ordinance was to the res.
c.ruelties, and absurd inconsistencies, the truth was not in pectable portionyra of the Maltese; and let it not be imagined
Melta allowed to be produced in mitigation of punishment that this
_matter of little consequence. The people
for a libel, If he were about to be punished for the libel of Malta hads a always been considered worthy of the atten-
of saying that a man had been guilty of felony, he tion of this
d country. It should be recollected that we held
would not be allowed to produce the sentence of theist under a peculiar tenure ; neither by conquest nor
the man's conviction, though he might have it settlement.an
But the Maltese having resisted the oppression
in his ocket, the truth would not be admitted either in of the French, to whom they had by their - leaders been
defenceMalta.Here • claw was
or elimination in
severe enough, ...ii . but it allowed the truth to be produced in to throw off
the yoke, arid had voluntarily accepted our
neitet,a.tion of punishment for libel, though it would not
all protection. Now, as to the commentary. Notwithstanding
admit it as a justification. But except in the case of mad_ the invectives of his Noble and Learned Friend, be
versation of public ofsSeers, the authorities at Malta said considered that it manifested the greatest ability, and that
that the law there and in England was the same, whereas •
it was a powerful and intelligible exposition of the main
it was quite the reverse. Then there was another chapter, principles of law. But he was surprised to find, after
which held forth 'curious doctrines respecting what we the manner in which his Noble and Learned Friend
should
consider treasonable publications. if a man in had attacked the commentary • which was but the
Malta
were to publish printed articles, exciting the people Appendix to the ordinance—that he should have so
to subvert the
Government by armed force, or to take up mollified his rage,
when he came to speak of the
arms to
effect some great change, or to .assist a fo, ordinance itself —on which he (Lord Glenelg) had
reign foe, the h would be treated •
pu lication
only as a libel, whereas in England such a petei i nant eloquence. With regard to the provisiongespectin
carton would be treated as an act of high treason,"
i religion, it did not prohibit examinations or discussionsg
High treason, according to the English. law, mea i upon religion, but only "reviling" or " insulting" the ex-
conspiring to take away the life of the King, and thouenltt Listing religion of the country. And he would venture to
.Charles the First was beheaded, Halket and the other ca. , say,that no sincere Protestant would quarrel with such a
spirators were tried, not for cutting pff the King's head, hut -pro,ll,ition. The Mah,se were pecidiarly sensitive on the
for conspiring to take away his life; but then the cutiinr, off subject of religiose,and
surely Protestants could ask no
his head was adduced as an overt act of the conspiracy i
e —so, more- than permission to discuss the question with-