Star.
London, England, 1823-08-30 00:00:00

LIBERTY OF THE 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 proceedings in the
Supreme Court of Calcutta on the 30th, an argument
was maintained by Counsel; in behalf of some of the
principal inhabitants, against the registry by the
Judge, of the late rule of the Governor-General, for
imposing restraints on the-Press, and which is requi-
site, 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 carrieil.ons without a license from the
Government, and that this license may, be withdrawn
at pleasure, in case of misconduct, of which the Go-
'vetnment of course is to be sole judge. The follow-
,:
is the decision of Sir F. Macnaghten on the sub-
--I,7ject. In the spirit of such restraints the Judge coo-
r'Curs, 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. MACNAGHTEN then proceeded to deliver his
opinion on the question. His Lordship said that it
was a great satisfaction 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 hiin such an impostor as to wish to conceal his
opinion on this subject. Every one knew his Lord-
ship's connection with the Government. His Lord-
ship said that he had nothing to do with the forma-
tion of the rule now before the Court. It had cer-
tainly 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 Lord.
ship observed that he was applied to, but refused to
have any concern in the framing of it. He was ap-
plied to a second time, and asked if he saw any ob-
jection to it? " To this," said his Lordship, " I re-
plied, as I think, without compromising my former
refusal, that there had been an oversight in those who
drew it up relating to the fines to be imposed upon in-
dividuals who may uninteptionally 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 free a land as Bngland.,
—Whether it be advisable for theliberties of English.
men, or for the inhabitants of Calcutta, to grant a'
free Constitution to India, I shall never inquire; but
I shall always rejoice at the spread of liberty. I know
that many are of opinion that India is a proper coun-
try for the introduction of the same liberties as those
enjoyed by Englishmen at home ; but I also know
that others arc of a quite different opinion. Among
these, Sir Wm. Jones, a zealous and ardent lover of
liberty, is one; and lie says, that the introduction of
liberty into India would be worse than the most odi-
ous tyranny. If we are to have a free Constitution
in India, I shall be glad, if anyone a ho can do so, will
tell me upon what principle we can found our right
•toit ? 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 idea, that a Bri-
tish subject, or anyone else, has a tight to the liberties
of England in this country, has arisen. I really know
of no place where there is more rational liberty than
in Calcutta. Industry is encouraged there, and I never
knew an individual who had any claim to it com-
plain of a want of patronage and attention I never
was in any society where individuals were more free
and fearless, and they may well be, where they have
• nothing to fear, in theexpies,ion of their sentiments.
,* 1 say that a free Press, coming into contact with
such a Government as this is, is quite inconsistent
and incompatible, and they cannot stand together.
What have been the consequences of Mr Bucking-
ham's transmission ? A Gentleman has come for-
ward, has taken the charge of the paper, and has told
Government that they cannot send him out of the
country, do what he will. But may not a rule be
established to meet such a case? It is very true he
-cannot be sent out of the country; but where is the
repugnance to the Br itish 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 sircare
every bearer, every cooly, nay, every mighter in Cal-
cutta, can urge for the same purpose.
" 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 ; and if anyone
will tell me that he has such a fear, I will engage tkat he shall
have a license, because I will not register the rule unless it be
granted to him. If the Pipers are to be like the prices of Stocks,
to depend for their value upon the defeat of the enemy, and to
rise and fall accordingly; and if the Government is to be consi-
dered as that enemy, I would put an end to.such Stocks and
such stock-jobbing." With respect to Mr. Buckingham, his
Lordship observed, that after having 1-een openly bearded by
him, after every means of defiance had been made use of by him,
the Government had acted very leniently towards him. " Now,
had I," said his lordship, 0 been in the situation of Govern-
ment, I would nut have allowed a copy of that paper to have
left Calcutta by my dawk." But such outrages as those con-
tained 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? I
do not know the repugnance. By the lath Geo. 111. power is
given to the Government to establish laws for the administration
. of.justice in the Factory of Fort William, in Bengal. That of
the 21st, gives theta power to make regulations for all their pos-
sessions; and the 33d gives them power to send home unlicensed
persons, or to forfeit the licenses of such persons as may behave
improperly :.53d recognizes and coat/ins this power; and these
Acts protect the Government from anything that British sub-
lents can do. In England, a power exists equivalent to that of
granting a license: for if a man carries on the business of a printer
there, without giving notice to the Clerk of the Peace, any
Magistrate may issue his warrant to a constable, or other person,
and order the house of the offending individual to be broken
open, and seizure to be niade of his presses, types, and all his
papers." This, although nut 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 to do with the framing of this re-
gulation, but now I will take the whole blame of it upon myself,
though whatever merit it may possess, I have no claim to it.
do really think that sonic such regulation is absolutely necessary,
and that it would be quite absurd to refuse to register this Act.
If the Government abuse the power it vests in the.n, they are
responsible for it. I once more assert that I make this one of
the conditions of registering it—that 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 beriegistered."

COMPLETION OF COUNT LAS CASAS JOURNAL.--
We are requested to state that the Seventh and last
Parts of Count Las Gtsas' Journal of the Comfersa-
lion of Napoleon, are published this day, and may
be had 4 every Bookseller throughout the kingdom.