The Sun.
London, England, 1825-05-24 00:00:00

PRIVY couistui

.RUCKINGITAM APPELLANT; TIIICHON.•THE -2:4,4T 11181 A
" COMPANY, RESPONDE NI S.
Yesterday tire Privy' Council, !..,ttt t: roneider
the appeal of James Silk Buckingham, 'late limiiter of flie'f.7ol-
- Journal, against an Ordination issued by tile (Rivet Wo-
e, General and Council of Fort William,' in Bengal, - on theltir.
April, 1023, regtilating the printing and publication' of here-
papers and periodical works.
Mr. DENMAN and Mr. J. WILLIAMS appearettfor the '3i,-
, ,
reliant, and Mr. Sergeant BO3AN QC ET, 31r..zergtantSPAN
' xtE, Mr. BROUGHAM, and sir. TIN Isar., 'for the rdura of
Directors of the East India Company-.
Mr. Dtri SIAS began by stating, that Mreßuckiagtisiii'lape
pealed to their Lordships against a rule or Ordination pinishitkii
the Governor and Council of Fort William, in March,' lilts.
and which received the sanction of the Supreme COurt 0%411-
cutta on the 4th of April foll Owing. "The appeal was fininded
en the 13th of Geo. 111. chap. 63, sec. 36, by which Act the
Governor-General in Council was entitled to make such regale-
etions as appeared just, leaving it, however, to any'of the I,tr .
ties affected by them to appeal to the Privy Council for havume
them set aside. He thought it right to state at the outset il,:it.
heavould not confine himself to the party who was aggrieved by
the regulation of the Governor-Gcneral., although, if it were
necessary, he could spew that the individual had not only been
personally aggrieved, but that the consequences had beets
ruinous to his prospects and fortune, and had reduced him titan
'affluence to comparative want and poverty. Any party aiho ae
conceived himself to be aggrieved was entitled to appeal ta
their Lordships, and to shew that the regulation of which' he
complained ought not to have been enacted. He would prove
to them that the regulation was repugnant to the" Lai of Eng-
land ; and if even it were not so repugnant, that it wasix::the
highest degree inexpedient—as • affectirmg an immense popula-
tion which were subject to the (iovernment of England. The
case came before them under circumstances of peculiar interest,
for the population of India submitted ' to. their Lordeliipa is
Council the grievances which had been imPoied upon them
against the plainest rrinelples of libeity; and they supplicated
them to maintain their property and lives. Ills Alajeity's faith-
ful subjects appealed to their Sovereign by the honour of that
great nation under' whose' Royal auspices it had obtained •the
glorious title of the Liberator of .I.lurope.; and they bfeathed a
fervent prayer that he would not 'consign them to perpetual ore
pression. The regulation, out of which that misery bad arisen,,
did not pres.ent itself tinder very favourable colouee. rt had not
been-suggested by the Company at home,' or by the Board of
Controul. It was not the act of the Governor-General, who
had been sent from this country to legislate for the King's !Mb- .
jects in India; neither was it the act of the illuitrions 'Noble-
man, whose reign in the East had eclipsed that of his prede-
cessors, the liberality of 'which shore canepicuous in hia.ntible
'declaration, that the press should be free—that Alf Its fetters
should be removed ; and that an appeal should be nisele to the
laws alone where Government itaelf looked for protection.- 1r
was not the act of the Ma:void or Wellesley—it was not the set
of any Governor who knew the way in which India ought tb be
governed ; but it happened in the interval between the retire-
ment of Hastings, and the arrival of his successor, that
Mr. Adam, as Senior Member of the Council, promulgated
tile regulation which was at war with the prosperity of -India,
and the character and pursuits of the English subjects. ' Ile
Cllr. Denman) .how called on their•LOrdships to exercise their
authority on one who, though respectable in many particulars.
did not come recommended to them by Statesman-Kee wisdom,
.and experience. There was one check upon the issuing; of re.
gulatidns, and that was found at Calcutta, in the decisions of
an English lawyer, who had been raised to the highest jumii.
cial situation in the East. Sir Francis Macnaughten was
the only Judge who held that appointment at thee nine, and
it was fortunate that. that Learned Judge had ~. given , the
reasons ' of his sanctioning the obnoxious 'tegulatien. rrhe
Learned Counsel -here entered- into a critical examination of
i
the language used by Sir Francis
.Macnaughten n assenting
to the-regulation., amid' ordering it to be registered ; and con-
tended that it was meant to act prospectively, and not teaaffect
tlieraleuiffirJournal, or any other newspaper Whicheexisted at
the period when it was issued.]. It was not now thc, question
'whether the licence had been revoked, it' the byeelAw passed
by the Governor was legal. Sir. Francis said, ituleade that. he
had no hand in framing it ; yet it was clear that there could be
no greater abuse of it than in the seizure of the Calcsilta Jour-
nal. The East India Company have defended the. nutrition
in the paper given in by theni, in answer to the preient ease.—
They cite the charters of William. 111., George 1., •taad GeOrge
11., and refer .to, Acts of Parliament which regulated these
charters, and conferred upon Ahem the particular poetess which
they have wielded in that part of the world. Beata} all three
charters it is declared that the regulations shall not el repug-
nant to the laws of England. They state as matter sic:notoriety
that from the first establishment of public newepeners, they
exercised a controul over the Proprietors, Printeraa end Edi-
tors; and then they allnde to the„regulations of tlag ?OTTO*
Of Wellesley in they year 1799,. which dieected,..4*,Appeint-
ment of a Censor, who lied time .power to-I-kik/tin. ateleraite.
alei
—Even if • the right of appeal had been denied ;tate ' .Bretieh •
subject, lie was sure that no English Cour/041(6144e. eve foand
such A regulation coniistent with English "In!, sus Any, t1:1;e4,
which deserved the least respect.... If the regeilationaacere aeteel
upon, it might be as' Well to crush the Press.at,emie. If the
Press abused its privileges, •he.called upon fili.i reepondente To
sliewwhere the abuses existed. The Caleutia Jourtuil, vi.l:ich
fell the first victim to the regulation, was Oa roood guilty of
the libel with which it had been charged. -eni: other paper
had yet . been named which was . liable to tense-i-e, and he
was therefOre en titled to assume the fact, that ;what : had
been stated to exist, did not exist; and "thet.-no,iiiconee-
nience had arisen from the unrestrained ' liheafy of tt_e
Press. The Company stated in their paper, dial " matters
were stated in the preamble of the rule tending tettring the Cie,
vernment of Bengal, 'as by law established, into -hatred and
contempt, anti to disturb the peace, harmony; and goocl.Order
of Society." The fact here stated, was'not to-heaiken. upon
the assertion of the Company ; it was theirimparative'eduty
to produce evidence of that abuse before' ti7y •._. pried a
t
rule which affected the liberty and preVaalel'lllitish
subjects.. They were bound- to she*. that • I 0, e';'sewsetipere
produced the injuries of which they corraa i ;trine& .If - the
facts were • true, no proof waryeasier at: 'hoot ~lf „If ilhey
were asked to show their authority,' t*lty.:', :referred - to
the preamble of time rule; and that was -Ate mode in
which the argument was to be met. They spOke
.iat'yarious pub-
lications which were to be subjecato it; but haditried that them
• . •
wee any thing which could give a colour to Stielf,';ati exercise of
authority. Were they permitted to tell the natives of India,
" We call on you blindly to acquiesce in arhateVerilna Gotern-
ment shall do ?" The secarity of every GtiVeriinienidepehded
upon the views entertained by the govertfediovieteels.thci•Grie
verities ; anti where the feeling wai LT0000;111' time part of the
former, no act of power by. the latter could'eihn the rixings.of
discontent and dissatisfaction. But the preventive.cU re which
had been prescribed would not obviate the evil; K;,, it war. idle
Mauppose if the intellect was mutilated, the offspring would not
be mischievous. The same argument might haeset up am
the question of over-Thipulation ; they 'dill teat . attempt • to
prune the luxuriant braneheam' but. to' grub tir 'ihe root ale
together ! The East India Company went Olt, to state,
that rash and injudicious discussions in' Newititieersewould
initiate the native riveters, and nuittegerthe :imieairity of the
British subjects in India. Even if that fade Were proved.
how could the remedy meet the niischief ? It ' Was a "great
presumption against the good faith of any Cheriaration, who•
considered the preamble of its own Ordinaliou-eaticient• to
bear out the law they had passed. They were bOsand td -thew
a violent probability of mischief, in order to- warrant so severe
&remedy ; or that something existed, which thilaia could not
reach. The buithen of proof was imperatively-east :neon the
East India Company, and not uponthe appellant. I:bort-ea
indeed was readily Made out, if their Lordshipti foOked to the
general conduct of Lord Hemstings-eto his' declaration that the
press should he free—and to his abpdotnnent if the censorship.
But the regulation was not merely iniiiktiouic-,:•)( placed' the
British subjects as ;diens in Indiaearecalled re sksa.enieWhich
had prevailed in the worst of dm esaareversed' th e‘hcapitiibl4.oe-
cree of all nations, that the ateatiger should. be•s4'; did' ex-
'posed the British merchant to peril; who-canie'tolndia to trade
with his capital on the idea of security.' The-rititiv4' subject
was a stranger in his own country; aiter he *Otealeiksleavattlicd
lest he should disturb the pdaee'afid: good•crider 41liat sotiety,
'width he was Mind by`eveiy principle and every tie uarrOteet
'and Secure: Ife was tent *taw ti witadeeer oveleittii fate. of the
'earth; and rerhaps, after hit4iikpassetryeall-iiiilrenCoolli or
'atnue untrod land, dr travellingfrorn 'one &intact knot& i he
.
'the
to his native .country an outcaat anti a beggaii' Sadie/as
'the defpotiSlTl‘whiCh reigned 'over Indlea-such -we'te"the Opgres-
'sibris td which- thee-see:uttering ' inbabitariti „Were-stili)eeted'e ' Sir
Francis 3facnimeghten'a in erie• or hia'at.gtinienta:Witavtiiiir of the

asloalah" If. India had a free Cadstitution, where
-hitt it exist?" 'fie (Mr._ Denman) recollected, that Thomas
Payne, when btaiught to trial for publishinghis Rights of Man,
pot the same question with regard to the British Constitution.
'l'o that queatianahe hildr. D.) answered, .that it existed in .the 1
practicability of thipeople to enjoy ithertyand security; and in
the restraint imposed upon the Government not to commit any
act which trenched upon their rights, without a clear and ma-
nifest necessity. Barka saw no despotism in India ; and, when
Warren Hosting% was impeached, he went through all the"in-
salutes of Gostemment, in order to support that position. "In-
sritutes," he
,ealiitended, " were inconsistent with an arbitrary
aiovemment ;" and on referring to the powers which that Go-
vernment had exercised, he confessed that he saw no acts of des-
potism. But:vrhether Mr. Burke was right or wrong, it was.
-sufficient for .hitn•aMraDentnans to say, that in India English
.sthhjects resided ; and whether the bye-law was good or the re-
',ease, it was as extraordinary plan of getting rid. of the -regula-
-skaa. by pleadiog the despotism which governed Asia. The sup-
wrtere of the coeasuie were bound to shew that there was some .
feature in the English law which could justify its adoption— -
The time had been when it-was necessary-to procure a licence.
for the publication of books in England. In the-days of James I.
and Charles lathe power of licencing was prevalent ; and intim
shoe of the Commonwealth, when Milton poured forth the ton,
sent of his eloquence against all restrictions on the press, thit
power still continued. -It stibsisted during the restoration ; but
it happily expired in the-reign of William-111. Even in those
*aye there existed the powei of burning intlividualsho death
who held opinions inconsistent with the established creed, and
notwithstanding the march of liberal knoreltdge„ the.decree de
heretico combuttendo continued till the reign of.Charleall. The
last India Comtism)* Might talk of the necessity for their shathe-
fal exception. to the English law ; and say that sucha state of
things existed in Calcutta, as to call on the Governor-General to ,
pass a regulation; ,repewable from year to year, which was to
supersede all the la:vain
"India: and theyanight make out their
ease from isoelogy with.the prevalent acts of the English Goaernh.
anent. But they ought to recollect that all such acts phoceeded On,
a supposetc necessity; and they were introduced with:laimeritea
tions of theahistence of such a necessity. The Law of England
was, that the Press should be free; and could not be fettered
without a itionk oetesity, 'During a feW months. of the last
rsignolissatisfactiOn: existed in .all parts of the country, which
was, ready to burst into tumult, but even if tumult's had taken
place, the ancient Jaw would hare been found eufficient to put
them down. A different line of conduct would haie shewn the
impropriety 'Of hot keeping to the old law, either in seasons of
-salmness and tranquillity, or in those' of threatening and storm.
When that law was found to be insufficient, it might be tithe to-
.alter, amend, 'or annul it altogether. In alluding tothese con-
. siderations, one was always driven back to. his first prin.,
eiples--how--i Government ought to be administered! On'
these thilaw Was founded, which said that ahe Press- shall be
free ; and' every action shall be free, unless it contravenes a
known, k respectable, and a necessary law. Ile felt it painful'
and faslildlousto allude to elementary propositions which every
one knehiethen he came into the world; but if these were tin=
queatioiaable, he considered it as a point equally true that where
arbitrary power was exercised, the necessity for it should not be:
taken upon the assertion of the individual who possessed that
power. [The Learned Counsel then proceeded to read several
passages from 31ilton's political writings in support of his views
of universal freedom.] There, was an absolute certainty, that
arbitrary power wherever it existed would be 'abused. Think
of a Censorship where the power was delegated-exercised by a
deputy reithOot responsibility-the mere minister anti servant of
him ltaa whom he was appointed. There all the individoals Were
benefttee‘l'hy.stippreasina truths which were hortful to the Goa
vernmisot. The Censorshipe led the Government in forni;. and
as in the example of the French newspapers, blanks occurred
where political matter had been introduced. It was quite
°leers. that the parties were moat open to censure
.who're-.
sewed. the greatest share of public favour., He would put- :a
ease to their Lordships a-a-Suppose the_ enlentta Journal had
been only twice accused in a Court of Justice; that in the first
iostanceathe proprietor had been acquitted, but in the second,
the accusation had not been brtiught to a judgnient. SapPOse
that a paper existed in England of the basest description; which
lived by Slazider, and whose daily. food, was the infliction of huh,
sery upon others,' 'Suppose farther; that its-principal prey was
female character, that it selected individuals in order to drive
, them to wretchedness,_ solitude, or death-that-ft brought its
contaminating thatch' over every lady of ranka-that it was
repeatedly dragged into a Court
.of Justice for the wickedest
Ilbehhon the living and the dead; and
_that there was nothing
extraordinary . the circumstances, except the lenity of.the
santente,'.wlich was passed upon it. Suppose that such
papehtlairtietra connection with GoVernMeht-that thia-malig-
nantaietclacristiched undeithe shield of authority, and argued.
everk.abuie into a privilege. Suppose again, thht such a paper
fourici•ata way to the colony, and, that • some adventurer went to
Calcutta, who blazoned on his front that his object was to attack.
pelagic character a and to, sayahat as the opposition paper, Which
owed its success to the excellent' cheraeter of the editor,air -tumid
cothwienceita labour* with writing down that charseteh Suppose,
that such a person was bronkt before Sit r.:lllaCtiattglitena_
:that the libels were proved-that the Judge declared them too
• atrocious to be talked Of without horror, and that. the penalty of
50p.-rupees.was woman for them ; but that, norivithstanding all;
this. the oppoSiteparty was satisfied with nominal dattrage_s, be-
-021.15c he _seltglit only the vindication of his honour: lie -(Mr:
Thennian) won't!. also supposethat the individual had beeniwice
hreqght tejudgthent-that he was connected with the President
theaThirint Board-or was himself the ;woof' the 'Direetor-,-
--oc,iva,sii:Cierk otthe Court for returning Special -Juries 'Or-al-
- ke4 1441* de camp of the Governor; and had thus the
privilege of scattering his abominable • slanders- at will.' Such
Waaaa,_ the -94ture of favoritism t it debased the mind, and infused
. vats it a meanness which filled it With suspicions:' If their
Lordships shohld find that such a paper' existed, and received-
..the favour of Governnients, it showed the nature of all arbitrary
herein rn ents, which aggravated the abuses they meant to guard
against. The lia,hility of Government to abuse. was favourable
to the general doctrine of freedom; and -militated against the
fiontpediency of allowing any oppressive rules or regulations to
toast iii sini purr of the King's dominions. The Learned Cows-
- sactionchidett by praying their Lordships to declare that-the re-
edition of the Governor-General and Council of Fort Willian*
wise-Mill and void;
MraJ. Nritatiats also argued the Case of the appellant.
etratended thatthe regulation was no -more the law of England
'dish that of Turkey. It was clear, by all the authorities; legal
or otherwise, who had treated on the freedom of the presa,that
hhis laws atalatatutes of the, kingdom left it untouched. The
Learned Connsel-Then proceeded to argue at some length against
the injustice and ihnpolicy of the regulation in India,, Where
&leeks. to arbitrity power were sought in vain-where no open.
tribunals; and, •no receptacles for hearing complaints were to
he Tomah ; and where the only correction of the Government at
ail, and it was the . best and soundest correction, could be found
in• public opinion, which, however, was put down by the Go-,
vsrusar's Ordination.
• .
serje•ani. I36SANQUET appeared on behalf of the Court
04' Directors of the East India Company. He observed, that
it was never intended by the Legislature, when it give a power
oitippealfagaiast the- rules or decisions of the Governor-Gene-
raiato allow the Appellants to arraign the general policy and ex-
pcilierica of 'the Government, or, whether grievances existed or
not, to give 'them a right to introduce questions which were
Wholly unfit to be discussed by Advocates at the Bar, these being
ieeerved.fOr:: the consideration of their Lordships. in Council.
'For the like of a preeedera, it would be necessary in time to
valise to lay doWn eome rule in order to determine the rights of
Parties-who a.ppealed under the statute. His Learned Friends
had argued- the case generally; but -it :was_ proper to attend to
the hulajechmatteref the appeal. The Legislature had bestowed
ispon the' Governnientat Fort William the right of legislating.
,for India; And it also gave-the privilege of appeal to allparties•
;who thought theniselves aggrieved by their acts: But after the
, registration df' thedecrees no appeal could. be taken against
theni, It was: glover by the statute that a public
_4ilhunsion sliauld take Place` before the :St‘prestsaa.rowacit,
-of Calcutta *tiPnit' the justice or expediency of suela• ordi-
nances ; and if the right was once conceded; it would not only-
reverse the prittiCe of the Indian Government, but violate the
laws which the 'Legislature in--its wisdom intended for that
country. It Was sufficient to say that the regulation of March,
'823, had undergone-a public discussion; that no appeal had
be=en made against it by, any person resident in India, .the pre-
aint appeal coining from a 'person domiciled in. England. In
that appeal Mr. Buckingham set forth other regulatione which
had been passed by the Government for the provinces of India,
and which had no connection whatever with the ordination in
' question: They were not registered in the Supreme Council,
but in the judicial department of the country ; and according'
to the direction* of the statute, copies of them had been, trans-
mined to the East India Company and the Secretary of State,
in order
,that his Majesty might judge whether they ought
to become part and parcel of the, law, or be amended, al-
tered, or set aside altogether. That law, which affected eighty
millions of 'people, was now good ; and as neither the Privy
Council nor another branch of the Government had any
dire,ctind to alter it, it was presumed that it was considered ex-
pedient.hy those who alone could sit in judgment upon them ;
and in consequence, that it ought to be adopted as the rule by
which . the provinces were to be governed. If a partyahink
tanself aggrieved, he may prefer a petition to his Majesty, and,
' like other petitions, it will be only weighed and considered, and
'his Majesty will act according to the exigencies-of the case. He
: thought it of some importance to consider the country over
which the regulations extended... The provinces were governed
by one law; but for the advantage of Calcutta,-Madras, and
BOlnbay," Courts were established were British
aietered. t He begged their Lordships to consider the situation
of British subjects resident in India. They were a mete hand-
frl compared to the numerous subjects throughout the pro.
'risme*? They lead no abiding settlement, but • were _mere aos

.
journers ; and they Were not. allo*ed to travel miles beyond,
the city, without the special licence_ of the gibVernor. NYal;
there any thing unreasonable,itinjust, ofoppresitive, in a. regu-
lation of such a deseription, which was in tett necessary to the
existence of the Governmentlat large? Was it possible that the
papers which were published its Calcutta wanhl not field their way
to the prothicea ? He had no wish to derogatelrain the firinciples
which prevailed in England. But the question was, litiw they
could be applied to India; or whether an uncontroulled power of
publishing every thing would benefit or ue suitable to theGovern-
meat there? An uncontroulled press was adapted to a free Go-
vernment only. The principle by which it was supported was
essential to a free State; and if the State were not free, it would
destroy its character. Had India a tree Government ? The
whole executive and legislative powers were vested in a Gover-
nor-General and Council, who possessed the power of sending
hOrne any individual to this country whose conduct appeared:to
them dangerous to India. It was but a short period since that
power was- recognized as expedient ; and after being so recog-
nized, it was extended to foreigners, as well as British subjects,
--'by the 55th of Geo. 111. c. 54." A free press was useful to a
people,
.when they were cordially united with the Government,
.and acknowledge its rule as one of-justice and wisdom. India
was governed by a srball number of foreigners, who ruled- over
the native population ; and it was impossible that they could
feel towards their masters that sympathy, feeling, or good opi-
, nion,.by the operation of which alone the governed could be
amalgamated with-their governors. When such a want of par-
ticipation was felt, all attacks upon measures, or particular
members, or disquisitions, or political subjects, must awaken
the jealousies of the people ; and at the same time expose the
_weakness of Government by entangling itself with the newspa-
pers. It was firmly believed by the great body of persons in
India, that the editor of a newspaper who began to diecuris. and
' arraign the measurers of-Government, had been sent out by his
Majesty as a Censor of the Indian AdministrAtion. lie put it to
their Lordships, whether it was discreet or proper, that discus-
eions should take place, the object of which were to shock the
.feelingi of the natives lacerate 'their prejudices, alarm their
fears, *rut infuse apprehensions into the minds of our depee-
[dents and allies. It was, however, erreneeus to State;--thatall
'discussion on Indian policy was excluded by the regulation.
'The restraint was local only, and left a wide field for discus-
sion. In this country we had large popular assemblies where
all subjects connected with India could be diseuSsed ; and we
had a vigilant press -to follow in- their. wake. His Learned
Friend had complained of the absence of a .Court of Ap-
peal. Trite, there- was no such Court in India, and thet
want was owing to a legislative,provision ; but the persons
who abuaed their functions were responsible for that abuse-
'in this country. That the communication of knowledge to the
' inhabitants of India was desirable, every. one adinitted ; but
the difficulty was, how it could be extended in a country Si-
! mated like India, and peopled by such :inhabitants. That
delicate point ought to be considered as a matter of Govern-
ment, and not left to the rash hands of speculative parSons.'
'The Hindoo had been compared to a sensitive plant ; his pee.:
sions and imagination were easily excited, and he was influ.;
enced and agitated by things which had a peculiar relation to
his external form. Was an individual full. .of European no-
tions and prejudices entitled to publish whatever -scheme he-
thought proper for reforming or civilizing the people, and with-
out caring for the stability of the Empire, or the incurnbere.d
interests with which it was bound up, to propagate his doctrines
among men who hang upon his woods? In'the original Charter
granted to the Company by Queen Elizabeth the right of mak-
ing bye-laws was expressly given to them. According to its
:provisions' they undoubtedly possessed a clear right to pass a
sye-law, forbidding 'the circulation of a Newspaper among
the ship's crew on board of a.ship, or preventing the disserni.
:nation of dangerous topics in the small cotton factories subject
to their authority. By the 13 of Geo. I. the restrictive power
wits confirmed to them ; and it was repeated, with a slight
va-
tiation, in the 26 of Geo. 11. In the year 1773, an Act of Par-
liament was passed for regulating the management of the
East India Company's afikirs, and which vested the entire Civil
and Military Government of Fort William in a Governor-Gene-
ral; and four Councillors. Long .after that Act was passed no
alteration took place 'in the-laws of the Colony ;- but after the
; trade had been laid open to
-the subject at large, Parliament
after Parliament proceeded-to enforce restrictions-on the British
residents. Were their . Lordships- prepared to say that the
Company vestediwith such powers, were not-entitled to pass a
Rey-law, prohibiting the introduction of certain subjects into a
Newspaper or periodical work. That law, he contended, was not
repugnant to the law. of England, as applicable to India. The
Company always possessed the power olcontroullingthe conduct
-of British subjects ; and, although no regulation had passed, yet,
'at. an early period, where peril arose to the-Colony, from publica-
dens, which were conceived to be dangerous to the Government,
the individual who circulated them was informed; that if he did
not desistfroni such conduct, he would be transported to England:
In 1799; Lord Wellesley promulgated certain rules, by which
person., who did not conform to them,- were subjected to the
penalty of transportation ; and these rules-they -continued with-
out opposition or dispute, until the year 1818. True, the cen-
sorship was abolished ; but the Secretary eithe Government had
the power of inspecting all publications; aunt striking out those
parts which, appeared to be offensive. Simultaneous with that
measure,, another took place. It wiilik-rthe- intention of the
Noble Person at .the head of the GoVertnifnent, to leave the
press unfettered, as it was in this cciontrY',' or subject it to the
controul of tbe • legal tribunals; for he published rules -and re-
gulations, which obliged the Editor% of NeviSpapers tb conform
themselves to the East India Company ; and, on their refusal-;
' the old law was put in force aeaihst them;'"-But when -British
subjects took the hint of transferring thelntereets in Papers:
to the native subjects, these
.rules-becainFlain and futile,-. and.
it was necessary for the Governinent to resort to the powers with
which the Legislature had invested iliem". .- He admitted that
the local Government had no right tOpass Sucit regulation*
capriciously; beaause they -ought to tend •to the good of the co-
. lony and its inhabitants ; but until that'fact was prOved he saw
no reason why their Lordships should he-cal/eel upon to legislate
upon points which had been long ago 'fiicedisy 'statutary enact-
ment. It was impossible, then, to amity the maxims of Eng-
limit Government to India. The inhabitants were different in
opinions, morals, and passions. You might just as well send
out a cargo of clothing to a battalion of sepoys, as -attempt to
fit their minds to our laws and customs'; or, it Would be equally
wise policy to administer spirits to'the Red Indians. of America,
and, by raising them to wildness and delirium, to call forth •
their rude and savage feelings. We ought to proceed with
caution and-discretion, when we presented new regulation.% for
a country like India, composed of such heterogeneous materials.
By pursuing,untried courses of policy, we might lose India
altogether, or render it the scene of bloodalieslastrife, and war.
Yea; we should not only loseit, but transfer it to one of the
European Powers.
Mr. Serjeant S rasirriE followed on the same side. The Go-
vernment of India had been. most grossly attacked ; was it not
then to arm itself in defence against an establishment set up
in avowed hostility to it? Milton had been much quoted by
his Learned Friends on the opposite side ; when he wrote, there
existed, he believed, '49 regulations With respect to the press,
from the very act of licensing down to the whipping a ballad-
singer ; the mode too of whipping; him by the constable was
fixed with a provision, that he should be himself whipped if he
failed to inflict the proper punishment on the poor ballad-
singer. Somewhere in his book, Milton says, that " booksare
like the dragon's teeth, which may spring up armed men.'!----
Was not that very declaration calculated to alarm ? The Learned
Serjeant, after some further observations', in which he set forth
the disadvantage of a free 'press in India, 'said that before the
late regulations it was constantly teeming with the most un-
justifiable slanders, was embittering social intercourse, was a
kind of perpetual blister; .a perfect sirocco. If a man bust chanced
.to upset another'with a gig, he was-now called on by name; and
Iseult obtained against him to show' cause why lie should not
answer for his conduct at the bar of a newspaper next day.
Mr. Ritou (exam said, he had been taunted for his silence, he
was challenged to make a speech, arid wished therefore to give
his opinion. .
Commosr SE ILYEANT,saW,th-at unless their Lordships
petitioned his Majesty to make his Learned Friend-a Privy
Councillor; he did not see how he could well' giee his opinion.
laugh.) : - •
The COMMON SERJEAHT then proseeded to reply ; at the
conclusion of his address the Chamber was closed. Their
Lordships subsequently separated Withouteoming to a decision
on the questionsubmitted to them.

The following is an extract from a letter re-
ceived yesterday from Port-au-Prince :—"
law has passed the Chamber of Deputies, making
landed property liable, and allowing it to be
sold, for the payment of debts ; and•from an un-
derstanding which exists between his Excellency
the President and some of the leading. Members
of the Chamber, there is no doubt that the ter-
ritorial duty on coffee and cocoa will be re-
duced, and the patent law and tariff of duties
revised this session."

The Duke of LEINSTER, observing a van in
Carteret-street, on Friday afternoon, very much
intoxicated ; and fearing be might experience
some injury, while sleeping. on the stones, took
him up in his arms, and carried him
,into.an ad-
joining public-house ; and, like a good Samaritan,
ordered him to be taken care of at his Grace's
expence.