The Sun.
London, England, 1844-03-25 00:00:00

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THE SUN, LONDON, MONDAY MORNING, MARCH 25: 1844.

workmen would be good also for the masters. The interests of the
two are identified. Capital and labour will ride upon the same
horse as long as the world lasts.
But inasmuch as we believe that this measure Is not called for
by humanity—that its effects would be the reverse of what hu-
manity would desire—that it proceeds on a principle which is
dangerous to liberty—that it would be very perilous to the trade
of the country, and of all who depend upon it—that it would gi►e
a most formidable advantage to our foreign competitors—and that
therefore it would bring poverty, misery, and consequent demo.
ralisation, instead of happiness to the community—we feel bound
to raise our warning voice against it.
Themill-owners of Leeds, both in the flax and the woollen
trades, have sent up a memorial and deputation to London, to
protest against the ten hours' clause. But we find the manufac-
turers in Manchester, Huddersfield, and other towns are very
supine; for which two reasons are alleged-Ist, they do not be
lieve it possible that Government can allow the Bill to pass; and
2d, they are so disgusted and wearied out with the yearly inter.
ferences or threatenings of the Legislature, that they have become
hopeless or sulky.
We think they are very wrong. If they do not protect them-
selves, they may rely upon it no one else can efficiently
.protect
them. If they are indifferent to their own interests and characters,
they must not be surprised at the loss of both.

THE NEW LAW OF LIBEL.
(From the Sunday Times.)
It was generally admitted that the law of libel was
in a very imperfect state when Lord Campbell under-
took to introduce a new Bill upon the subject during
the last session. There are few men who were better
qualified for the task than the Noble and Learned
Lord. During his own forensic experience he had
acquired a personal knowledge of the defects and im-
perfections of the syStem which he undertook to re-
vise and correct. The Bill which he succeeded in
carrying introduced, in many respects, some salutary
changes and improvements. There are, however,
some few of its enactments so totally at variance with
our notions of common justice as well as with the
more universally operating influences of common hu-
manity, that we are sure when public attention has
been properly directed towards them the proper re-
medy will not remain long unapplied. Strenuous
supporters as, of course, we are of the liberty of the
press, we should be amongst the foremost in regret-
ting that that liberty should ever degenerate into li-
centiousness. Society ought to be protected against
those who bring odium and disgrace upon the press
by their infamous attacks upon private character. In
order to effect this, a more stringent law of libel was
undoubtedly wanted. There are few errors, however,
into which so many are prone to fall as that of jump-
ing from one extreme to another.
" Inchlit in Scyllam qui vult vitare Charybdim."
A drunkard imagines that no remedy for his unfor-
tunate propensity can be found elsewhere than in the
regions of teetotalism, and so on ; in the great majority
of cases, extremes have a sort of natural tendency to
beget extremes. The law of Lord Campbell came
into operation in November last; and since then Mr.
Gregory, of the Satirist, has been found guilty of a
libel on a criminal information, and is at this moment
undergoing his sentence in the goal of Newgate. We
do not attempt for a moment to justify the conduct of
Mr. Gregory; but, at the same time, we cannot help
thinking that the punishment which he is at present
suffering, and all the circumstances connected with it,
which we shall presently more particularly enume-
rate, are not only by many degrees too severe, but
that they are completely opposed as well to the plain
principles of justice as to the spirit and tenor of
the British constitution itself. And we are the more
anxious to make this plainly appear, inasmuch as in
the case of Mr. Gregory a principle is acknowledged,
and a precedent established, which, if not timeously
crushed, may be erected into a guide and authority
for the future. We have received a letter from a
correspondent on the subject. We take the following
extract, inasmuch as it gives a graphic and circum-
stantial account of the sufferings of those who under
the present law may unfortunately be convicted
of libel :

" On arriving within the prison, the party is imme-
diately placed upon a level with the most heinous felon,
both with respect to lodging and diet. His bed consists
of a narrow iron bench, a rope mat, and two horse-cloths;
sheets, linen, pillows are refused, though his family may
strive to supply him with those cleanly and necessary
comforts. His food consists of the regulation gruel and
the coarse clods and stickings contracted for by the
prison butchers. He is compelled to eat his scanty dinner
by the aid of his fingers alone, for the prison rules forbid
such utensils as knives and forks to its inmates. During
the depth of winter his fire—(candles he never sees)—is
extinguished at four o'clock P.M., leaving him for fifteen
hours out of the twenty-four in all the misery of total
darkness and solitude to brood over his situation. He is
placed under the most rigorous restraint in every parti-
cular ; books, papers, writing materials of every kind,
even to a black-lead pencil, are denied to him. The oc-
casional society of his family and friends, except under
restrictions rendering such visits painful both to him
and them, is also prohibited."
It will hardly, we think, be denied that the above
punishment is too severe for a man who has been
convicted of a libel, even supposing it to be one of an
aggravated nature. Men found guilty of libel are
generally of a class superior to that of common felons.
Consequently, to them the punishment of imprison-
ment, with all the aforenamed restrictions, is much
more severe than it Can be to those found guilty of
other criminal offences. They are placed in associa-
tion with men with whom they can have no inter-
change of thought, .no conversational intercourse, and
the punishment, in fact, becomes one of solitary con-
finement in its very worst form. In order to show
the way in which this sort of imprisonment has
operated upon Mr. Gregory already, we again quote
from our Correspondent :
"The effects of this unprecedentedly severe treatment
soon became apparent, and symptoms of disease dis-
played themselves. The family physician is consulted,
who, after much difficulty, procures admission to visit
the patient. He at once gave a certificate of his danger,
which, together with a memorial from the family, was
laid before the Secretary of State for the Home De-
partment. A reply, in the form of a printed notice, has
been sent, to the effect that no sufficient ground exists
for Sir James Graham to interfere."

Deeply affected by the disregard here evinced for
human life, his family awaited with patient but har-
rowing anxiety the result of a few weeks, apprehen-
sive of the consequences which had been predicted by
his physician. The symptons displayed themselves in
a still stronger form, and a consultation was held, at
which it was determined that several of the most emi-
nent physicians in London should separately visit him
and, with his own medical attendant, deliver their
own individual opinions. This step was ta-
ken, certificates were written by nine medical
the patient's lungs were affected ; that since his in-
giving it as their decided opinion that
ge
ae
rnet
el
re
amt
ieonn,
aclllisease had gradually been stealing on
him ; and that, if he be not removed from prison to a
more healthy situation, where he will have pure air
and exercise, good diet, and a tranquil mind, the
disease he is labouring under must advance, and ulti-
mately destroy him. Another states, after a length-
ened description of his case, " that every day of his
confinement in prison must greatly add to the danger
of his situation ; and if it be much prolonged, that he
must inevitably fall a victim to his disease." Nine
certificates, agreeing as to the precarious state of
his health, together with another memorial, were
laid before the Home Secretary. After waiting
for twenty :one days in
a state of the most ha-
rassing anxiety, another printed form was returned
again, stating that 16no sufficient grounds existed
to justify the interference of Sir James Graham."
It is certainly difficult for uninitiated persons to dis-
cover the grounds on which Sir James Graham has
come to so very extraordinary a conclusion. When
the man is actually dying by slow degrees, it would
appear, according to the common dictates of humanity
and justice, that there was but one course for him to
pursue. It is quite clear that the law never intended
that the sentence passed upon him should be the means
either of engendering a fatal disease or of accelerating
the progress of it. And when such appears, upon the
most incontrovertible evidence, to be the effect of it,
surely it is the bounden duty of the Home
Secretary to interpose his authority, in order to
prevent such an event taking place. To permit the
sentence of the law now to go on in its regular course
is absolutely to sanction the greatest passible amount of
cruelty and injustice. No matter how great or how ag-
gravated Mr. Gregory's offence may have been, still the
punishment which he is now suffering, and the fatal re-
, sults to which that punishment, if it be allowed to go
on, must necessarily lead, is manifestly not that
which is in accordance either with the letter or the
spirit of the law. Even supposing it to be just
(which we altogether deny) that convicted libellers
should be subjected to the same severe and rigorous
mode of imprisonment as that which those convicted
of other crimes are necessitated to endure, yet, in
the present case, there are qualifying circumstances
which call for the prompt interference of the proper
authorities ; an interference, indeed, which, under
similar circumstances in the case of other criminals,
has never been withheld. Let the case be supposed of
hhast the severe prison
imprisonment for
sah me
eapn.
sst ee na
lt
ienngc,e di f
itto
wt we
reel%
f' eo
umnodn
that
discipline was operating upon his constitution in
such a manner as seriously to injure his health,
surely in such a case the Home Secretary would feel
imperatively called on to interfere. Indeed, such
cases of interference are not by any means of rare or
unfrequent occurrence. How, then—with what plea
ofjust
aside—can Sir ice,oronwhat ground of policy—setting
Jameshu-
manity Graham refuse to inter-
fere in this instance ? We do trust that this matter
will be taken up by the press generally and warmly.
It is a case in which they all ought to feel almost
guilty
i%t of a libel at the
personally concerned. The fate of Mr. Gregory to-
day may be theirs to-morrow. If a man on a cri-
minal information be found
eor any lengthened
if Oldth
eB
sentence
viigste, anal there,
lßailey,
he
period, that sort of rigorous and cruel discipline
awaits him to which transportation at once would be
ofm imprisonmentns t e s ent to
be f
far preferable. As the Home Secretary has already
resisted the force of two appeals to him, we trust
that some Liberal Member of Parliament will take the
matter up. The law should not, and we trust will
I not, be allowed to continue in its present state. Let
those convicted of 'aggravated libels be punished, and