The Sun.
London, England, 1826-12-14 00:00:00

STAMP DIITIFS-I.AW OF LIBEL
_ _ '

My TIUME said it wits not, his intention, an the
present slate of the House, to offer any opinion on the questions
involving that important branch of the Revenue, the Stamp De-
partment. Ile ruse merely to obtain returns of the amount of
revenue derived from the vale of ors Newspapers, Adver-
tisements, Pamphlets ; and on M. Me, Kr, and Life Irtrurances.
Some parts of the l4w regarding the 11,,tie, eat Stamps required
immediate reVision, and be it ,e,ted the Right Honourable
Secretary (Mr. reel) would tie no ritel in currying into effect
the suggestions recommended the ComoiNsioners.' The duty
on newspapers w,is not only sr, to the' diffusion of
knowledge and information, but it W3'll art injnry 'to the revenue.
He was prepared to show that the inereitse"of the- tat on news.
hail so far lessonwl their cirewletion as nut only to limit
tility, but to injure the revenue, llee was persuaded that
ptttiiiofjliaairnelptutveiieuteirtiirolves, penury, the rieveJ,ut a"UIII,I i sine by the inmtrnre increase of
,alvii
States, whine the+re~ Wax rru duty, no less than a(lff news-
circuh* d; while in (.;feat Britain tutd Ireland it a ipeateit,
from the Returns laid on the table in 18 I, Ow) e were only 1284
-newspapers in circulation. When the comparative wealth of the
two countries was taken into consideration, it must be evident
that a great impediment. to the circulation of newspapers eliited
in this country. In 1815 an additional tat of a halfpenny was
and it
Ittaihijerdniso.
elvtl'oeurnettFugpeaa re:ear, s; :Ilat,;a 1;p47e11,1):1::1;!:::11''1:eit:14 to'tif.li tiinii'lleire.ilgeirr,oitettivil,::etntiil,ltriati::::,
with respect
Ihirisett4hAi:l;ii.ejtieskafi;:suitArobleieadin)i‘s,ll4.lelprtiiitni:(luitifilooirtilalotitp,,tit tit same liberal system,
He concluded, by moving. fora Return of the Ilinpunt of Duty
arising from _Steams au ,:liefivalfayers in England, Scotland,
lA
as;1:7:41. s, ,
tl+pt :uneing'Rll the icor.ct.i,:d:telialth:f4i:,
.totshvertvhni::.ttw`uttiliciso,ilbiy-•
the devotion of, his time, talentv, industry, and perseverance, he
cool(' hardly imagine one of greater inipiirtance than the inquiry
to which he had jl t adverted. The inquiry which hi... Hon.
Friend had propounded wog one of the,highest passible moment,
whether eine,idered with a view to the revenue, or to that wore
important question, the diffusion of information. - Me would not
take .upon himself to say, that he was prepared- to adopt the
proposition of ids Hon. Priem! without further inquiry ; be
could not help thinking, as At present advised, that it would he
desirable to confine the experiment to weekly • }abets, mince the
revenue could perhaps scarcely afford to try it with respect to

daily Papers. A very general opinion prevailed among those who
had devoted their attention to the means of diffusing knowledge
through the country, that much good might be done' by weekly
publications, of which the matter commonly found in newspapers
might occupy only a small and subordinate portion. He was cou-
fident that weekly publications, of which the greater portion might
be devoted to useful subjects connected with science or art, and a
small portion to the ordinary news of the day, would be the means
of diffusing information among classes to whom, in consequence
Of the high duties on newspapers, it was now for the most part
inaccessible. Three or four pages of such publications might
contain the remarkable intelligeuce of the day, and the rest
might be devoted to scientific subjects, for which he was happy
to say, the appetite was daily increasing, even among the limn-
blest classes. He would take this opportunity of saying, that
it was only the present state of the Session, and the absence
of the Law Officers of the Crown, which prevented him from
bringing a very important subject under the consideration
of the House—he alluded to the state of the Law of Libel. It
would be in the recollection of the House, that in the Ses-
siert of the year 1816 he brought forward a motion on that sub-
ject, and that he had been allowed to bring in a Bill, which
was read a first time, and then dropped in consequence of the
advanced period Of the Session. He brought it forward in
several subsequent Sessions, but met with little encouragement
from the House. The object of the measure was, to remedy that
evil in the law of libel which further experience bad convinced
him to he one of a very serious nature, and which some cases,
which had recently occurred, bail placed in so striking a point of
view, that it was now universally felt to be one of the greatest
opprobriums of our law. The evil to which he allotted was,
that, however true a statement might be, a person who ventured
to publish it was liable to prosecution by indictment. In an
action, the truth of the statement might be justified; and in the
proceeding' by criminal information, the Courts required that the
party applying for it should deny the truth of the allegations by
affidavit; but a •person might he indicted and punished for
publishing a true statement, precisely in the same manner as
if the statement had been, in letter and spirit, absolutely false.
The coniequenCe of this state of the law was, that, if one
published' of another that he had been convicted of
felony, he might be prosecuted and convicted for such a pub-
lication, though he had the record of the prosecutor's con-
viction for felony in his pocket.—(Hear, hear.)—This very ease
hail actoally occurred in a recent trial. His (Mr. brougham's)
client had bean indicted and convicted of libel far imputing fe-
lony to the prosecutor, though be (Mr. B.) had in his hands an
attested copy of the prosecutor's conviction for felony, which the
law precluded him from producing in evidence. Of course, the
sentence of the Court would be very different, in such a case, from
that which would be passed under ordinary circumstances; but
even as the pOint of considering the matter in mitigation of pu-
nishment, he was sorry to say that there were conflicting decisions,
/Lod it was doubted whether the same punishment should not be
meted out to the man who published truly of another that he bad
been convicted of felony, as to him who had falsely made a similar
allegation. And the law, as it stood at present, was consistent
enough in this respect, fur the gist of an indictment for libel was
the tendency to a breach of the King's peace, and that was as touch
endangered in time one case as in the other. Under these circum-
stances it Waft his intention to bring the subject of the law of libel
once more under the consideration of the House, unless the Right
Hon Gentieuman opposite (Mr. Peel) would become foster4ather
to the measure, as he bad done in the case of the County Courts'
Bill, cod, to use a classical expression, educate and take it upliim-
self. If the Right Honourable Gentleman would take that
course, he (Mr. IL) would recommend to his attention time de.
tails of the Bill which be had formerly brought in. The prin-
ciple of tout Bill was, to allow time defendant, in all cases, criminal
as well as civil, to give evidence, after due notice to the opposite
party of the nature of that evidence, of time truth of the matters
stated in the alleged libel. The evidence so given was iu no case
to be taken as conclusive, but merely to go to the Jury as one of
the circumstances on which it was their province to exercise their
jinigtnent, anti to come to a just decision.
Mr. Secretary PEEL said, he was not prepared at
present to give any opinion on a subject of so much importance as
that, to which the Hon, and Learned Member had alluded. If
he should hereafter feel himself qualified for the task, and justified
in bringing the subject before the House, he would give the Hon.
and Learned Member due notice of time course he might in that
am deem it his duty to pursue.
The Return was then ordered.
Mr. HUME, in moving for a Return of the
Amount of Revenue derived from tile duty on advertisements from
time year 1793, expressed his conviction, that by a reduction of
this duty the Revenue accruing from it would lie, materially in-
creased,---Tile motion was agreed to.
Mr. HUME next incived for a Return of the
Amount of Revenue derived front the stomp duty on pamphlets
since the year 1811 This was a tax which it war not worth
while to continue, since it operated as a check upon literature, and
did not being in mom than 1,0001. to the Revenue.—The motion
was agreed to.
Nfr. HUME next moved for a Return of the
Altlollllt of Remienue arising from time stamp duties on Policies for
Marine, Fire, and Life insurances since 18 18. —Ordered.
On the motion of Mr. HUME, Returns of the
number of Oftiets in his Majesty's Navy, in the Marines, Royal
Engineers and Artillery, who had been dismissed the service
without a Court Martial, since, the year 1'793, were ordered to
be laid before the Home.
Time other Orders of the Day were then postponed, and the
ljo nee adjourned.