The Sun.
London, England, 1823-08-30 00:00:00

LIBERTY OF TIIE PRESS IN INDIA.

We have received the Bombay courier of the
19th of April, containing Calcutta intelligence to
the end of March last. In the report of the pro-
ceedings in the Supreme Court of Calcutta on
the 30th, an argument was maintained by coun-
sel in behalf of some of the principal inhabitants,
against the registry by the Judge, of the late
rule.-0f.444,b.
whit i Governor-General :. for imposing re-
straints on the press, and winstraquisite, we
believe, by the constitution of our Indian Go-
vernment, to give it validity. The principal
points of the Governor-General's rule appear to
be, that no Journal can be carried on without
a license from the Government, and that this
license may be withdrawn at pleasure in case of
misconduct, of which the Government of course'
is to be sole judge. We have published. the de-
cision of Sir F. Macnaghten on this subject, which
is given in a tone in some degree favourable to
his character for independence, since he appears
to have resisted one most obnoxious clause in the
proposed rule, by which it was left optional hi
the Government to refuse or to grant licenses to
journals already established, thus conferring the
power, by withholding it, to punish for past
offences. In the spirit of such restraints the
Judge concurs, as essential in his opinion to the
preservation of our Indian possessions, though he
declines giving the power to punish by an ex
post facto law.
Sir F. MAGNAGIITEN then proceeded tadeliver his opinion
on the question. • His Lordship said that it was a great satis-
faction to him to be thus called -upon publicly to deliver his
sentiments upon this occasion. He was sorry that any one
who knew him should think him such an impostor as to wish
to conceal his opinion on this subject. Every one knew his
Lordship's connexion with the Government. His Lordship
.amid that he had nothing to do with the formation of the rule
now before the Court. It had certainly on former occasions
been the custom to consult. the Judges on any rule of Council
which was about to be passed into a by-law, and accordingly
his Lordship observed that he was applied to, but refused to
have any concern in the framing of it. He was applied to a
second time, and asked if he saw any objection to it. To this,"
said his Lordship, `'l replied, as I think, without "compro-
mising my formal refusal, that there had been an oversight in
those who drew it up relating, to the fines to be imposed
upon individuals who may unintentionally offend, and at my
suggestion six words were added to the rule, and thus it now
stands. It appears to me to be assumed in the argument.. that
Calcutta is as tree a land as England. Whether it be advisa-
ble for the liberties of Englishmen, or for the inhabitants of
Calcutta, to grant a free constitution to India, I shall never in-
quire; but I shall always rejoice at the spread of liberty. I
know that many are of opinion that India is a proper country
for the introduction of the same liberties as those enjoyed by
Englishmen at home; but I also know that others are of quite
a different opinion. Among' these, Sir William Jones, a
zealous and ardent lover of liberty, is one : and he says,
that the introduction of liberty into India would be worse
than the most odious tyranny. "-If we are to have a (reel
constitution in India, I shall be glad if any one who can do
so, will tell me upon what principle we can found our right
to it. I must own Ido not know the text or the comment.
I must execute the laws as I find them. I confess I am at
a loss whence the ides, that a British subject, or any one
else, has right to the liberties of England in this country,
iusLcattlyile:letwy:
,rne
has arisen. I really. know of' no place where there is more
rational liberty than in Calcutta. Industry is encouraged there,
ever knew
f a want of
;:ll be, where tklitiilrioiltn:n.ldahvigwvyaevie:earlitleinanaliztlinnaowhatritiefnelorgnferiheetao,e;dna.
press coming
inoo ntlhiengexinv,,,,ilonn-
aasmilntahneyy
tact with such a Government as this is, is quite inconsistent
and incompatible, and they cannot stand together. What have
been the consequences of Air. Buckingham's transmission ? A
gentleman has conic forward, has taken the charge of the paper,
and has told the Government that they cannot send him out
of the country do what be will. But may not a rule be
established to meet such a case ? It is very true he cannot be
sent nut of the country; but where is the repugnance to the
British law ? I repeat again, that this Government and a free
press are incompatible, and cannot be co-existent. I say, that
the ground upon which' he claims any exemption to that to
which an Englishman is liable (I solemnly declare that I mean
no offence), is the ground which every sircar. every bearer,
every colt', nay, even every mihter in Calcutta, can urge for the
same purpose. nadniYfnetael,Nal.eienr:w,to it corn-
" With respect to the property which any gentleman may
have in this paper, I believe there is no intention to refuse it a
license. I speak from conjecture, but I would not register the
act, if retrospective objects were contemplated ; and if any
one will tell me that he has such a fear, I will engage that he
shall have a license, because I will not register the rule unless
it be granted to him. If the papers are to be like the prices of
stocks, to depend for their value upon the defeat of the enemy,
1 would put an end to such stocks and such stockjobbing.'
With respect to Mr. Buckingham' his Lordship observed,
that after having been openly bearded by hint, after every
means of defiance hail been made use of by him, the Govern-
ment had acted very leniently towards him. " Now, had I,"
said his Lordship, " been in the situation of Government, I
would not Have allowed a copy of that paper to have left Cal.
cutta by my dawk. But such outages as those contained in
Mr. Buckingham's paper rendered it the bounden duty of
Government to send. him home.

" But is this regulation according to the laws of England ?
Ido not know the repugnance. By the 13th Geo. 111., power
is given to the Government to establish laws for the admini-
stration of justice in the Factory of Fort William in Bengal.—
That of the 21st, gives them power to make regulations for
all their possessions ; and the 33d gives them power to send
home unlicensed persons, or to forfeit the licenses or such per-
sons as may behave improperly ; 53d recognizes and continua
this power ; and these acts protect the Government front
any thing that British subjects can do. In England, a power
masts equivalent to that of granting a license; for if a man
carries on die business of a printer there, without giving notice
to the Clerk of the Peace, any Magistrates may issue his war-
rant to a constable, or other person, and order the house of the
,offending individual to be broken open, and seizure to be made
of his presses, types, and all his papers." This, although not
strictly a license, his Lordship contended was equivalent to one.
His Lordship concluded by saying—" I have before said all
that I can say. I had nothing todo meth the framing of this regu-
lation, but now I will take the whole blame of it upon myself,
though whatever merit it may possess 1 have no claim to it. I
do really think that some such regulation is absolutely neces-
sary, and that it would be quite absurd to refuse to register this
act. If the Government abuse the power it vests in them, they
are responsible for It. I once more assert that I make this one
of the conditions of registering► itthat a license shall not be
refused to any paper now in existence. Taking the view which
I have already explained of this Act, I shall feel it my duty to
order it to be registered."—( Times.)

On Thursday night, about ten o'clock, a gen-
tleman, in crossing New Palace-yard, observed
a young man, genteelly dressed, in a melancholy
mood, surveying the River Thames in a wistful
manner from the stairs at Westminster-bridge,
till at lust he entered to the water's edge, took
off his hat and coat, and was about to plunge
into the stream. The gentleman culled out to him,
but he got into a shallow part, and seemed not
to notice that he had been called to. pro-
ceeded on till he sunk ; but by this time the gentle-
man, who was a swimmer, had his clothes off,
and having followed, got hold of him, and saved
him from a watery grave. The account he gave
of himself was, that lie had been beat and
treated by strange men at an adjoining public.
house ; and, as he could get no redress, he did
not care for his life. Ile said he was a surgeon,
and lodged in King-street. The gentleman was
taking film home, but he was met on the way by
an acquaintance of the young man, who describ-
ed him as addicted to drinking, and when drunk,
as mad. He took him home to his real ,residence.

This Day were published,
Both in French and English. neatly printed in Crown Svo.,
price los. 6d. its extra boards, embellished with Portraits
of Madam Panam, and of the Prince of Cobourg,
MEMOIRS of a YOUNG GREEK LADY,
or MADAM PAULINE ADELAIDE ALEXAN-
DRE PANAM, versus His Serene Highness the Reigning
PRINCE of SAXE COBOURG.
Printed for Sherwood, Jones, and Co., Paternoster-row ;
and J. Wood, 43, New Bond-street.

#C,'O RRE S PON 4
~PRISCILLA PENELOPE PATHOS, OE Monday.

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