The Sun.
London, England, 1834-09-15 00:00:00

tension. The rights of our legitimate Sovereign are based ' did not touch upon religion, nor on government, nor politics,
upon the fundamental laws, and above all, they are sup- nor, finally, anything ; but, since that period, the Queen
ported by the wishes of the majority of the nation. If Regent has given an extension to the liberty of the
the defenders of tyranny should offer to oppose those rights, press. She left it, it is true, subject to a censorship, but
we should, at least, have the advantage of knowing who different in two remarkable points,—namely, the reduction
they were ; and this is much better than to allow them to of the limits of the censorship, and the requiring the cen-
- remain secretly conspiring for our ruin. The speaker then sors to state the reasons of their acts—a condition which
proceeded to inveigh against certain prelates and ministers the French could not obtain, even after getting their char-
of religion, who bad during the last eleven years abused ter. Let it not be supposed that I am now desirous of
their power by making use of the pulpit and the confessional passing an eulogium on the law, I am only explaining it,
for the purpose of perverting the minds of their congrega- and it is not my intention to prejudice any person's mind
tions to treason and to disloyalty ; and he concluded by by introducing into the debate matter that is foreign to it.
observing that these were the enemies whom it was really But the law says (here the Hon. Member read the law,
necessary to fear, and whom the freedom of the press might laying great stress on the words " economic and adminis-
serve to unmask. For this reason, not less than for others, trative matters." He then continued)—This, then, is an
he supported the article. advanced step. Let it not be supposed, I repeat, that I
Senor Vega y Rios was of opinion that the article ought intend to approve of this law of the 4th of January, for ill
not to be approved of, because the freedom which would be it would become me to do so, since it excepts zoology,
conceded by it would only be a boon to trifling and insig- a science which has been the source of consolation to me
nificant works, through the means of which the principles of when absent from my country, and having no other occupa-
all classes might be destroyed, opinions misrepresented, and tion. It is not possible for me to approve of that excep-
bad maxims introduced ; for even though the evil might be tion, but I will not therefore refrain from saying that the
restrained by repressive laws, still there were papers which, law has already produced some advantages. • The obliga-
if they circulated but for one day, might produce extraordi- tion of the censors to state the reasons of their acts is a
nary mischief. A paper of this sort existed in Spain during great restraining of the censorship, for now the party who
the last representative epoch, and in one day several thou- conceives himself injured will always have the opportunity
sand copies of it were sold. Who, however partial to the of being heard before a judge. The Hon. Member con-
freedom of the press, would maintain that a paper should eluded by observing that lie did not see the necessity of
be allowed to circulate freely, which, whilst it noticed the approving of the doctrine of the article as a fundamental
conduct of the Government, and censured whomsoever principle, and that his opinion might be different, if the
should commit an abuse, perhaps had itself occasioned Chamber was discussing an organic law.
immense mischief ? For what purpose was this freedom Senor Pizarro defended the article, and placed the liberty
necessary, since there was no want of it in publications re- of printing on the same footing with the liberty of writing,
lating to science, which truly served to enlighten mankind ? of speaking, and of thinking.
Senor Lasanta said that it was not his intention to enter The Marquis de Falces said that yesterday the Estate
deeply into the question respecting the advantages or in- had declared, not without much deliberation, the great prin-
conveniences of the press ; for so much . had been written ciple that, laws ought to protect and secure individual
and spoken on that head, that little remained to be added, liberty—an axiom as plain as the sun at noonday. To-day
and he was not a friend to mere repetitions. Nevertheless the point under consideration did not involve an abstract
he could not avoid getting up to raise his feeble voice in in- question, but one entirely and essentially practical. The
sisting on the right of the Spanish people to express their article said that " every Spaniard may propagate his thoughts
thoughts without a previous censorship, for.such a right by means of the press, without previous censorship,but sub-
was the very essence and vital principle of a representative ject to the operation of the laws, which punish abuses."
government. The question was always one of the first Now, he was not blind to the fact, that the thought was the
which occupied the attention of such governments, and it most sacred inheritance of man, and that at first sight it
had ever been met by the Ministry in the way in which it seemed proper that no restriction should be placed on its
had been on the present occasion—by a declaration that free and unrestrained circulation. But a more close in-
they were as friendly to the principle as those who called spection of the question led him to believe that the greater
aloud for it. This contest was not confined to backward or lesser latitude which ought, consistently with the good
nations, but occurred in those more advanced in civilization, of society, to be allowed, this free circulation of thought,
as for example, in France and in the southern states of depended entirely upon circumstances. In support of this
Germany, where the representative bodies were constantly opinion, the Hon. Procurador cited the sentiments delivered
soliciting this right, and the Government as constantly en- by M. de Chateaubriand in the French Chamber of
deavouring to withhold it. All representative bodies who Peers, in the years 1826 and 1827, when speaking on
considered themselves independent had insisted on the free- the liberty of the press. That brilliant genius then showed
dom of the press—that is to say, the freedom of the press that France was in a fit state to receive the benefits of
without previous censorship, for in any other way he a free press, and, among other reasons, contrasted the
perceived no freedom. He should presently reply to condition of the French youth of that time and at
some of the arguments which had been urged against the commencement of the revolution ; insisting that expe-
the article, but before doing so he wished to observe, rience and information had rendered them more prudent,
that he defied those members who had attacked the article and that what at the dawn of liberty could not have been
to mention a single statesman who regarded the press as granted with safety, might thea be conveniently and advan-
free if combined with a previous censorship. Freedom of tageously accorded. Such would be the species of reason-
the press and censorship implied as great a contradiction as ing he would apply to the present question ; and he trusted
yes and no. The first step towards the freedom of the he should be able to satisfy the Estate, that Spain was not
Press was to abolish the censorship, after which all such at the present moment in a situation to enjoy the liberty of
repressive laws as were thought desirable might be passed. the press without some restrictions. It was not to be denied
Even those representative bodies considered to be the most that there existed in Spain a large party opposed to the ex-
dependent on the Government had not dared openly to isting order of things. He alluded not only to that party
attack the freedom of the press, but had sanctioned it with which appeared in hostile arms, for besides the inert mass
modifications, putting a veil over principles in order that which inclines to neither side, there was another, which,
they might not give offence to the Government. He would existing on abuses, was the declared and determined enemy
only allude to one assembly to which the French gave a of the Government. It had been contended that a free
very appropriate name, and which did not at once establish press could not be an injurious instrument in the hands of
the censorship, but resolved to dissolve itself, in order that the partisans of Don Carlos. This would be true were they
the Ministers, whilst they were not sitting, might have the to confine its use to a declaration of the principles on which
power of suspending it. And what did this proceeding they pretend Don Carlos has a right to the throne of Spain,
prove ? Two things—that they considered the Govern- since those principles might be combated by reason, or
ment whilst the Chambers were sitting to be more vigor- suppressed by laws. But they did not attempt openly to
ous, and better in a condition to apply for and receive oppose the maxims of liberty ; they did so insidiously, and
medicine, in proportion as the disease appeared to gain thus the incautious and unwary were seduced from their
ground. Taking all this into consideration, he would still duty. Were there no men of talent among them—was it to
assert that the existing law, which he would only call the be thought capable of turning such arms to account ? The
law of the press, and not of the freedom of the press, was Hon. procurador concluded by expressing his perfect con-
very well made when it was made, for then no Cortes currence in the sentiments delivered by Senor Torremegia.
were in existence : but now that the Government had more Senor Palarea, in a speech of some length, endeavoured
strength, there was no inconvenience in altering it ; at least, to point out the weakness of the arguments against the
they would be able to make an experiment of the freedom liberty of the press, which were founded on its abuses.
of the press while the Cortes were sitting, and then if Those scurrilous prints the Zurriago, the Tercerola, and
there should arise any doubt, the GovernMent could come others of the same description, were not the only publica-
to the Cortes, who would not refuse them the means of re- tions which did injury to the cause of liberty during the last
medying the mischief. Two arguments had been princi- representative period. The cause had been prejudiced far
pally urged against the admission of the article under dis- more by abler pens, who had constantly been arrayed in
cussion—the one founded on the abuses committed in times hostility to the interests of the country, and had contri-
past, the other on the assumption that the nation was not at buted to throw discredit on the name of liberty. (The
present in a fit state to receive the boon. With regard to speaker no doubt alluded here to the Censor and the Inz-
the first he would remark, that the advantages of the li- partial.) In the critical circumstances of the year 1810,
berty of the press were not so immediately palpable as its when a foreign army occupied the soil from Vidasoa to
inconveniences ; but they were incalculable though gra- the bridge of Zuazo, and from the coast of Catalonia to
dually developed, while the inconveniences, for instance, in Galicia, when a portion of degenerate Spaniards allied them-
an incendiary print, were immediately visible, and in a mo- selves to the King attempted to be thrust on the nation,
ment obscured all the counterbalancing advantages. The it was not then found inconvenient to decree the freedom of
other argument, drawn from the state of the country, was the press. He was convinced, in spite of all that had been
not more tenable. Because civil war raged in certain pro- said, that the constitution would not have fallen if it had not
winces, were all the rest to be deprived of the enjoyment of been for the secret intrigues of the spies, whom, under the
one of the greatest blessings a representative government name of Ambassadors, the Holy Alliance retained in Ma-
could bestow ? On the contrary, he held this to be rather drid, and for the entry of a French army. He concluded
an argument in favour of the proposition. He spent but by approving of the article.
little time in reading foreign newspapers, and he only saw The President observed, that as many of the Procura-
such as happened to fall in his way ; but the other day he dores had still to speak on the subject, it would be better
read a number of the Quotidienne, in which were contained to adjourn the debate until the next day, which was agreed
some arguments in favour of the succession of Don Carlos, to, and the house accordingly rose.
and the paper added, that those arguments were there pub-
lished because the expression of such an opinion in Spain was SITTING OF SEPTEMBER .5.
not permitted. This he believed to be false, because in The order of the day was the adjourned debate on the
Spain any one might say as much as he pleased about the
second article of the petition for political rights, which re-
matter. Here, then, was one of the principal reasons for laths to the freedom of the press. Martinez de la Rosa
Countfirst speaker was Senor Achoa, who professed
him-
Isabel 11. would not bear the light. Should nothing inhave an de Toreno were on the Treasury bench.
declaring the freedom of the press, in order that this pre-
and
text might be got rid of,—namely, that the rights of Donna The
self to been at one time ardent admirer of this
opposition to this statement be allowed to be said ? Should liberty, but had been induced to change his opinions on the
the ill-advised act of Philip, of contravention of the ancient, subject in consequence of the extreme licentiousness into
national laws and customs of the Monarch, be allowed to which it had degenerated in 1822 and 1823.
prevail? What I should nothing be said in refutation of This last assertion was strongly denied by Senor Do-
this, and still less than nothing, if possible, if the statement mecq, who contended that the errors of the press were
v should happen to have reference to any matter of publicenial, compared with the great advantages inseparable
from a state of liberty.
advantage--nothing ? He had heard it asserted that day
that the nation did not desire the liberty of the press. One The President having announced that no other member
had inscribed his-name to speak on the question, and having
part desired it,—another part neither desired nor disap-proposed to inquire whether it was already sufficiently
proved of its--and a third part disapproved of it. Those
who did not know how to read undoubtedly did not want discussed,
the liberty of the press—(Laughter)—but among those Senor Martinez de la Rosa observed, that the government
who knew how to read, among the enlightened class, there had no desire to interrupt the course of the discussion, but
as no other speaker was prepared to proceed, he proposed
are few who do not appreciate it. It is Don Carlos's party
to make a few observations on the opportuneness of the
which neither has, nor ever will have, love for the freedom
of the press. And why ? Because they lived on abuses— period chosen for the agitation of this question. He ob-
(Laughter)---and because they have placed at their head a served, that the monarchy of France, which has existed for
so many ages, has only enjoyed the liberty of the press
man who they believed would continue those abuses. On
this account they do not desire the freedom of the press. within these four years. In France the censorship has
But the rest of the nation are aware that the freedom of been established by Louis XVIII., and that it had in fact
been abolished by Charles X., and he contended that the
the press, during the two epochs at which it existed, was
productive of much good ; that at both epochs, if it had progress of enlightenment in France ought not to be
ascribed to the operation of the freedom of the press, but
abuses, it had also many advantages, and everybody knows
that abuses existed in all institutions. The speaker con-
to that extreme division of property which had in fact been
eluded by approving of the article in the petition,
established on principles conservative of society. But, said
Senor Torremegia.—The decision come to by the Es-
he, " I fear not to assert, gentlemen, that the press in tate that the present discussion shall not terminate so long France is a scandalous one. It is impossible that a mo-
as there remains a single Procurador who wishes to speak narchy can subsist with the liberty of the press in Spain, in
to the question, imposes on us the obligation of being con- its present backwardness in civilization. I approve of the
liberty of the press as far as scientific works are concerned,
cise, and I shall therefore be as brief as possible. If the
present question was the freedom of the press as a funds-
and this for an obvious reason. In order to the framing
mental freedom, I should not only recognize the principle, of such works there must be reflection, good ,sense, in-
but I should say that in a catechism, that in a symbol or struction, and extensive knowledge, but to write an article in
declaration of political rights, such an article ought to a newspaper requires nothing but bad faith, ignorance, extra-
occupy a place. But not considering the present question vagant opinions, and the breath of calumny. A political paper
in that light, Ido not think the article under discussion thus composed spreads like lightning—nothing can arrest its
necessary. It is incontestible that the freedom of manifest-
course. The evil is then done, and when we would apply a
ing one's thoughts by printing it is not different from that remedy, we find ouThlvehs tooe
b late.
of Before, gentlemen, we
existths the puredsicslawceenmsuosrtshr-
of manifesting them by speaking, for printing is only an ar- ganizwe trliemoualnst,r3forwttherte aliteaedrtyy tificial word, and the discussion which is proceeding to-day We must establish a jury, and I have already declared to tEe.
day respecting the free use of this invention we might have Chamber that such an institution appears to me not to be
to-morrow respecting another. Let us take the instance of suited to the present times. Is there not liberty enough?
lithography, or any other invention, and who can tell how Are not our sittings public ?"—( Agitation in .the galleries.
far the progress of industry will extend ? But as every The President was obliged to ring his bell, and command
every right is subject, so to speak, to a tribute—to a de- silence.) The Minister concluded by demanding the suppres-
duction—a contribution in favour of social order, and sion of the article.
as, although my property is inviolable, I cannot, therefore, Senor Florez Estrada contended that the evils of a licenti-
escape from making some sacrifice for the benefit of ous press had been greatly exaggerated by the President of
society, there is no reason why this right of printing the Council, and urged the adoption of the second article of
should be free from a similar burden. But let us not suppose the petition.
Senor Riva Herrera proposed an amendment having a ten-
that society is an abstract being : it is from a common fund dency to modify the article in accordance with the views of the
that I draw my dividend ; and when we say that we sacri-
fice such and such a thing for the benefit of society, it does Government.—( Great agitation and murmurs ursins galleries.d
not therefore follow that society is something different from which empowers
President rang his. bell, and read the
galleriestnniingcoarseeori
the President to clear the
ourselves. We form a part of society, and have a common expressions of disapprobation or approbation.
interest in the sacrifice which is made. This idea is very Senor Lopez, who had evidently reserved himself for the
positive. Supposing, then, that the power of propagating conclusion of the debate, spoke at considerable length in favour
one's thoughts by printing is a right, the difficult task would of the article, contending that the liberty of the press was an
be to draw the line where its enjoyment should cease, and indispensable element in every species of Government which
the sacrifice should begin. Thisis the gordian knot of the professed angesire to govern honestly.
T
question ; it is one of those problems which mathematicians de Toreno considered the question in reference
to existing
call indeterminate, because its resolution depends on van-He adverted to ancient Rome and
Greece,lvhiecihrere contendedstanees did not possess the liberty of the
press, but merely liberty of writing and liberty of speech.
ous things—ex. gr. upon time, circumstances, localities, &c.
It might be good in London, and dangerous in Madrid : it The Minister, after having spoken with frankness relative to
might be useful at one time, and perilous at another. There the number of? the partisans of the Pretender in Spain, and of
are certain periods when it becomes necessary to increase the advantages which the adversaries of the
Government
the sacrifice, and reduce the benefit ; for, as I have said, every- might derive from the establishment of the liberty sought for,
thing depends on the greater or less amount of the sacrifice concluded by stating, that under Ferdinand VI. the revenue
Proceeding from buttes amounted to 6,000,000 of reals, and
which should be made. On the Ist of January, 1834, the
legislation was absurd respecting printing. There being
that now it had reached 13,000,000. He voted for the modi-
ficaTtio of the article.
upon the printin of writings
then no power of opposition,
that a tariff for the sale such trammels were placed
The n
Secretary Caballero, himself the editor of a journal,
entered at considerable length into a history of the manner in
,
of human thoughtg,
as if it were an article of gross met- which die censorship has been for some time exercised over
chandise, might be said to exist ; so that the general the newspapers of Madrid. He combated the reasoning
of
rule was that no Spaniard should publish his thoughts, Count Toreno, and inquired what liberty the press could have
and the exception was, that he might do so, provided he , in Spain, raw; that the Government had established four cen-