The Sun.
London, England, 1836-07-12 00:00:00

papers which was capable of l.ing evaded by those who
(lAA the law ; this would be obviously unjust not only to
the Revenue, but to those Newspaper Proprietors who paid
the tax. For his own part, he thought that when they re-
duced the duty, they would find that they might also re-
duce the measures for its enforcement. He hoped the
Hon. Member for Finsbury would allow them to proceed
with the Bill.
'Mr. HAWES hoped the Hon. Member for Finsbury
would not press his objection.
Dr. BO WRING also hoped the Hon. Gentleman would
not divide the Mouse "upon this question.
Mr. FRESH FIELD said 'that although he had several
amendments to move on many clauses of this Bill, he always
understood that those clauses relating to stamps on News-
papers were to be considered first.
Mr. WAKLEY repeated, that to his certain knowledge
there were several Hon. Members who had no expectation
that this Bill would have been gone into to-night. Amongst
others, the Hon. Members for Middlesex and Bath, who
were both extremely anxious upon this subject, were not in
their places.
The CHANCELLOR of the EXCHEQUER said
it was his intention, in moving the House into Coniiittee,
on this Bill, to move also an instruction to the Committee
giving it power to divide the Bill into two or more Bills, as
might be found expedient. This he thought would be a con-
venient course, in case it should be found necessary to pass
that part of the Bill which related to the StamP duties on
Newspapers as a separate measure.
The Order of the Day was then read ; after which the
instruction to the Committee to divide the Bill was also
agreed to, and the House went -into Committee on the Bill.
Mr. ROBINSON asked whether it was the intention of
the Chancellor of the Exchequer to proceed only. with cer-
tain parts of the Bill in the present session
The CHANCELLOR of the EXCHEQUER thought
it a matter of the greatest importance to perfect a measure
for the consolidation of the laws relating to stamp duties
with as little delay as possible. If, however, it were ob-
jected on many hands that at the present late period of the
Session it would not be expedient or prudent to press for-
ward a general enactment of that description, he should
certainly be prepared to listen to the objection. In the
.meantime he should certainly move that all the clauses up
to clause 162 be postponed ; by so doing they would come
at once to the question of Newspaper Stamps, which they
now had to consider. He begged Hon. Gentlemen to bear
in mind the principles avowed by him in respect to this
subject at the time lie first brought it forward, and he
would assure the Committee that if any clause could he
pointed out which was not necessary or justifiable with re-
gard to the collection of the revenue, he should be prepared
to consider the propriety of its omission. At the same time
he must repeat, that in justice to the revenue and to those
who paid their part of it, he must ask for powers sufficient
to enforce the payment of the new duties he was about to
propose. The omission of the clauses intended to be post-
poned would render it necessary to insert a new preamble
to the Bill, and also to omit schedule A.
Clause 163 having been proposed,
Mr. WAKLEY complained that the new and cumbrous
machinery created by this Bill would act as a heavy clog
upon the liberty of the Press. By the law as it stood at
present, a pamphlet, consisting of not less than two sheets
and a quarter, and sold for no less than sixpence, might be
published as often as the parties pleased. But by the in-
sertion of the words "or pamphlet" in this clause, pam-
phlets, whateier number of sheets they might contain, and
whatever might be their price, Would be placed without
exception upon the same footing as what were strictly
called newspapers. He should therefore propose as an
amendment to strike out the words "or pamphlet" from
this clause.
The CHANCELLOR of the EXCHEQUER said
the Hon. Member for Finsbury seemed to anticipate that
the present Bill would have the effect of imposing a duty
upon a class of publications which were not entitled to pay a
duty at present. When they came to the consideration of the
schedules, in which the word " pamphlet" would be
more particularly definpd, he undertook to show most
distinctly that such was not the intention. He hoped the
Hon. Member for Finsbury would consent to defer his
objection to the word " pamphlet'. until they came to the
schedules. If the words were to be omitted in the present
clause, parties might be induced to attempt to publish a
newspaper under the title of a " pamphlet," in order to
avoid the duty. He repeated the declaration which he had
already made—namely, that it was only his intention to
charge the duty of Id. upon such papers as, by the present
law, were entitled to pay the stamp-duty of 4d.
Mr. O'CONNELL supported the clause as it stood.
His impression was, that if they were to omit the word
" pamphlet" in this clause, before they had defined what
a pamphlet was, partieS might bring out a paper called the
Morning Pamphlet instead of the MorUitig Chronicle, and
the Evening Pamphlet instead of the Courier, with a view
to evade the duty.
Mr. GOULBURN said that an Act had till lately
existed, imposing a duty upon pamphlets, and in which, of
course, was contained a clear definition of what a.'" patn•
phlet" was intended to be considered. That Act having
expired, it became necessary, in his opinion, to come to a
clear definition in respect to the present Bill, as to what
was a " newspaper."
The CHANCELLOR of the EXCHEQUER said
that if eventually it should be' considered that the word
"pamphlet" would not comprehend a newspaper under an-
der another name, he should consent to its omission when
the schedules were being considered. In the meantime he
should press its being retained in the clause.
Mr. WAKLEY, referring to the words of the clause,
said that it clearly comprehended " pamphlets" as in addi-
tion to "newspapers." The words were "newspaper or
pamphlet," &c. If the word " pamphlet,' therefore, was
permitted to remain in this clause, it appeared to him that
all the subsequent provisions of the Bill, must necessarily
apply to pamphlets as well as newspapers--=not only as re-
spected the payment of the penny duty, but also in all the
onerous restrictions contemplated by the machinery of the
Bill. He thought before they went further, that they
should define more precisely what a newspaper was, apart
from any consideration of size or form.
The CHANCELLOR of the EXCHEQUER re-
peated that he should be quite ready to omit the word in
the schedule if it were found to be unnecessary to the pur-
poses contemplated by the Bill, and which he had already
explained.
Mr. WAKLEY must still insist upon dividing upon Ids
amendment.
The Committee then divided—
For the amendment 1
Against it
69
Majority against the amendment —6B
On our return to the gallery we found
Mr. WAKLEY on his legs, declaring that the Com-
mittee had declared that a pamphlet was a newspaper.—
(Cries of " No, no !" Mr. O'Connell exclaimed, " Quite
the'reverse.") The Chancellor of the Exchequer had said
so at least, though he did not mean it.
The CHANCELLOR of the EXCHEQUER said
that it should be recollected that provision was to be made
for the free transmission by post of newspapers and
pamphlets, and for facilitating in many ways the means of
communication. It would be very. incorrect to say that
a pamphlet per se was to be charged with a duty ; but at
the same time it should be recollected, that if all pamphlets
were to be excluded from the duty they would also be
excluded from the benefits of the Act.
Mr. WAKLEY hoped every Hon. Member would
recollect the interpretation which, the Chancellor of the
Exchequer had put upon this clause, as it might become
highly important on some future occasion.
Mr. J. JERVIS observed that there was a manifest
injustice, in his opinion, in the provisions of this clause ;
for they visited upon the printer of the supplement of a
newspaper a penalty for a supposed fraud of which he was
not, in all probability, cognisant.
The CHANCELLOR of the EXCHEQUER said the
fact was, that this clause was framed at the earnest sugges-
tion of the Newspaier preprietors. When this measure
was first proposed, it was suggested to him by the parties
to whim he had alluded, that there were often foreign ex-
presses came in at a late hour, which, contained matter of
great interest, and there were often debates in Parliament
which would require much more space than was afforded
by the ordinary size of the paper. On these groundS,
amongst others, it was urged that if a supplement of a
sheet were allowed on the payment of a halfpenny duty,
it would be a very ()Teat convenience and advantage tq
the conductors of Newspapers, and would not onoailon
any loss to the revenue. So fa'r he was perfectly willing to
go ; but if a general power was granted under the provi-
sions of this Act to a paper, for instance, which was pub-
blished onpo a week, of bringing out supplements on conse-
cutive days from that on which it appeared, the effect
would be to have a publication brought out and conti-
nued subject only to half the duty intended by the law.
Now to guard against this obvious fraud of defeating the
imposition of the penny duty under the colour of the half-
penny supplements, the present clause was drawn up, which
directed that the supplement should be published of the
same date and by the same parties as the Newspaper itself.
—(Hear, hear.) He begged to be allowed to say that
in the first instance, proposed, and ultimatel e.4411:1
effecting, the imposition of a penny dt-113;,, and he certain(;
was most desirous to protept 4,83 all COlf.esive praelkes‘
It was, at r(-11.4?, pt in was' intto(lococi for
the, loenc:iit o, the publishers, and which was,, #n hja opi-
nion, well *calcolated- to promo;) lltc 000 cd %ho public.
D,r. W 4ilC4 1i4511g,11% 144 the penalties imposed
by this claw WON very disprop,ortioned ;_ for the printer
or publisllOr ottly compelled to pay a fine of 201. for a
violation of its provisions, whilst any person who sold such
supplement as the Act forbade, and who might, in all
probability, be a very innocent person, was, liable to s,o g
severe a penalty as 504