Star.
London, England, 1822-01-15 00:00:00

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pointed for the examination of a taw Pmject, which
tends.to the. maintenance of the Jury for trying of-
fences of .the Ness., It is therefore very natural to
thit this Pei' ion shall be referred to the
Committee on that Law, in order to its making such
use of it as may appear proper. I therefore vote fore.
the reference proposed.
M. Citauveus.--Gentlemen, I beg to call your
attention for a moment to the decisions which you
made at the beginning of this Session. You have
already rejected, by the order of the day, proposi-
tions similar to those which are now presented to
you; and you rejected them, because, as you said,
it was necessary to follow the Charter ; but I would
particularly direct your attention, Gentlemen, to the
Stting of the Bth of December, when you testified
the most marked disinclination to the Censorship. I
do not believe that there exist any motives which can
induce. you to alter the decisions and resolutions
which you then made. Yet your silence on the sub-
ject of the proceedings of the new Ministry during
the tact month is remarkable, considering that this
Alinistry propoies to you to reject that which is con-
secrated dry the Charter, and to substitute in its stead
an arbitrary authority. If you receive the Petition
favourably, it is plain that you wish to render more,
favourable the auspices under which tli.r new Report
on the law of the Censorship is to be made to you ;
you Wish to consecrate in some degree the measures
propOsed by the Petitioner. But the late Keeper of
the Seals, whose successor, I hope. may never give
us cause to regret his loss-4,4 laugh), told you in a
very remarkable speech, that all the faience, all the
sonnuites ()vices of flowers) of the nation--(such was
his phrase)—all parties were united in wishing that
the Jury should be employed in trying offences of
the Press. This regulation was sanctioned by an im-
mense majority on a law which is not yet reported.
Yet, by a monstrous concurrence of two contra-
dictory systems of legislation. it is proposed in one
law, the report of which will he made next week,
to increase the attribution of offences of the Press to
the Jury, and in another, the attribution of offences
committed by the Journals to Judges, who doubt-
less will be the fist to regret such a proposition.—
An innovation is thus proposed to you, which was
not even indicated in that exposition of motives so
short, so succinct, and, it I may so call it, so spruce
- (..1 laugle)—with which the present Keeper of the
Se is pre.:cded the reading of his Project on the Of-
fences of the Periodical Press. In that brief state-
ment, the Keeper of the Seals said, that the new
system finally adopted by the new Ministry was so
important, that it would occasion necessary changes
and modifications in the first law which had been
proposed. We never imagined, however, that these
modifications were to have the effect of taking from
Fiench citizens the protection of a Jury in what re-
lates to the crimes, or, if you will have it so, to the
offences or misdemeanours of the Press. This, then,
is a new aaat k on the Constituri,n, and my Hon.
Friend (General Foy) has done well in p,,inting it out,
an in nnuing the older of the day on su li a Peti-
tion. Do not, Gentlemen, by your approbation of
this petition, give N4.eight to principles which )ou
have altea:ly combated in the preceding Ministry,
and over which you have triumphed—principle; so
hostile to the limiter. Why is it expected that you
should change so suddenly ? What events, what
motives, can so soon al:er the state of the major it'
in this Chanihet ? Can .! be the Moniteur oft ester-
day (containing promotions) that has already begun
to change the disposition of the majority
murmurs nn theright—cries of " Yes, yes ! that is
true" from the left).—Ye,, Gentlemen, the lb:lite/1r
of yesterday, which. while giving s: ill more hope,
than rewat d•—(Laughter on Me led)-grat ts so marked
a premium to the authors of the Conservairor—

M. de SALABERV—You would prefer seeing the
au hors of the 31iNerra in place.
M. de CirsuvELlN.—The Mnni;eur of yesterday
ought not, however, to change the ,entiments of the
Chamber of Deputies. Consider that vigour does
not consist in taking po-section of power, in making
a conquest of every place, hut in the independence
Of the Chamber of Deputies. Learn to distinguish
yon elves fi,nn oppressive majorities by a real inde-
pendence, and you may rely upon being supported
by all the hopes of the nation. I have still further
observations to make, which are not calculated to
fortify yorir confi.lence in the Ministry. It is my duty
to tell you how that Censorship is exercised, the re-
newal of which is already solicited. The Govern-
ment at present exercises it in a manner too partial.
It is not discussion which it permits. It tolerates in-
sults, and tolerates them on one side only—(.'lfur-
virs).—Heaven forbid that I should engage in a con-
troversy with the Journalists. I respect them all—
(A laugh ; a voice, " All! that is a great deal.")—
They exercise a difficult employment. They have a
hazardous task to perform. In the circumstances in
which we live, many would not have the courage to
avow themselves daily as the author of a political
article—(Laughter!.—Notwithstanding that, there
are Journals of a certain sort, which have within
these few days given themselves up to violent decla-
mations ; and since we have the misfortune now to
speak on the subject, we may state that the Censor-
ship is unmasked, and that its partiality on this oc-
casion has been odious. I have told you that it pro-
hibize,l discussion, and here is the proof in a Circu-
lar, addressed by the Commision to all tie Editors
of the Journals :

.4 The Comniission has found it necessary to request
7,INJ. the Editors of the Jo: rnals not to submit to it
any article of discussion on the Law Project relative
to the Police of the Journals—."

Accident has thus furnished me with a new and
powerful argument against the Censorship. Examine
all the speeches of its defenders, you will find that
they never meant that it should prevent discussion.
They pretended, on the contrary, that it was insti-
tuted to favour discussion—to purity it from what-
ever might be connected with passion and party
hatred. It appears, however, that the Censorship
now interdicts all discussion on the Law Project re-
lative to the Police of the Journals. This is the height
of tyranny. Can you boast of having is Representa-
tive Government when such a Circular exists
((ireat agitation.)
M. de Puvistartrtx.—That is not the question.
M. de CHAUVELIN.-But this is not all. Take no-
noticehow the Circular concludes:

The Commission has found it necessary to rani*

all articles presented to it "since the 6th of the present
month."
The Commission has found it necessary! That im-
plies that a imperial,' authority bag imposed this obli.
on is, Now, here again, I must appeal to the
Anguage otthe defenders pf the Censorship. Have
they not stated that the MinTsters were not-responsible
for the faults of he Censorship ? If so, obey must'
have allowed it to act freely ; but you see that the
Censors deelare. in -wriring,•that-tber arrboond to
refuse all articles which have been presented to them
since the sl4h ofthis month. . In order that these last
words might have the greater weight in the eyes of
those to whom they were addressed, the whole of the
passage which I have last quoted is underlined in the
Circular. Such, Gentlemen, is the proceeding of the
ComMissidn ; but that is not all ; and here I pur-
posely turn to that part of the assembly (looking to-
wards the right). A journal published in Paris called
/a (bet/divine has, notwithstanding the prohibitionof
the Censors,.been permitted to enter into a profound
'discussion on the Law relative to the Periodical Press.
Voices in the centre.—The Quotidiemee has been
referred to the Tribunals. It has acted in contraven-
tion of the law. The article was not submitted to the
Censorship.
M. de CIIAUVELIN.—Then the Censorship has two
weights and two measures—(Voices in the centre,
No, no !") There is partiality and oppression to-
I wards the journals of one party, and favour towards
another ; but this is sufficient to prove to you that
the conduct of the Ministry is not that which the law
has prescribed. I therefore concur in moving the Or-
der of the Day.
M. de CASTEL'S %JAC.—I ascend this Tribune merely
for the purpose of replying to one of the insinuations
made by the Marquis de Chauvelin—(Murmurs on
the left. A voice, Why this word Marquis F") 1
WAS astonished to observe in his speech a charge
destitute of that ingenuity which usually distinguishes
him. It relates to the official article which appeared
in the Moniteur of yesterday, in which he introduced
in a very strange manner the authors of the Constr.
voleur, representing them as covered with the favours
of the Government. I co-operated in the Conserva-
tern., which always supported public liberty. It
seems to me, that the only fact to which the allusion
..vas directed, is the nomination to the English Em-
bassy of A man of whom France is proud, and whom
even foreigners honour ; of a man who has shewn
himself great in persecution and in exile, great in ad-
versity, and always devoted to the interests of his
cuntry. It appears to me that in this respect the
Tribune ought to be free' from all personal attack.
M. BENJAMIN CONSTANT.—In supporting my lion.
Friend (M. de Chauvelin), I must notice what has
fallen from the last speaker. It is very natural that
a man who has assisted in a work that he believes
to be useful should defend it, and be proud of it. To
that I should have nothing to say, had I not heard
another periodical work alluded to.
M. de Sacanuarty.—lt was I who spoke of the
:Vinerre.
M. BENJAMIN CONSTANT.”-That work endeavoured
to promote the public welfare, and I shall always be
proud of having contributed to it. But when the au-
thors of the Conservateur defended what they call the
princirles of the Monarchy • • • (Voice on the
, right, ,4 What! do )ou doubt that ?") At that period,
those who believed that the constitutional Monarchy
rested on other princieles. did not call for the
Cen-
snrship against the Conseil:M.llr. They endeavoured
to reply to it, hut did not seek to suppress it—(Ap-
plause on the left).—This is what distinguished tire
pm inciples of the .11iiwrve from tho-e of he Conserv,-
teur —(Murmurs on the right).—These interruptions
cannot i,,timidaie me. The authors of the Conserva-
frur and Minerve profess ofrosite princil les. It may
he honourable to have defended the one. but it .will
e always glorious and always national to have de.
fen.led the other—(Violent murmurs on the right,
and applause on the left).—l come now to the Peti-
tion—t Cries on the right—'• It is time").—Yea, for
the subject has been much departe,! from. I agree
in opinion with M. de Chauvelin, never at any time
has the Censorship been more vexatious or more scan-
dalous than at the present moment. For three days
past the public journals—fortunately, however, those
which are discredited—have indulged in declama-
tions unparalleled by anything which has appeared
since 1793. Even this day a Journal—(Voice on the
left—" The Drapean Blanc.)—has said, that a little
insurrection against certain men, whom he calls re-
volutionary jugglers, would he the most sacred of
duties. A free people ought to be alarmed at such
language. It is true, the Journalist adds that he does
not wish the death of any person—(Laughter).—But
this explanation slims that he felt his previous arti-
cles to be reprehensible. Ought such a Censorship,
then, to exist? One observation more. All our powers,
and all powers in France, emanate from the Charter.
—Confusion of voices on the right—You reckOn le-
gitimacy as nothing. You acknowledge no sove-
reignty but that of the People.
M. de Coacsu.Es.—Everything emanates from
the Charter.

~t~oa

MM. BCNOIST, Jose BEAL-von, and other voices
on the right.—lt was the King who gave us the
Charter.

M. BENJAMIN CONSTANT.—Beyond the Charter,
all powers, without exception, are illegitimate—(Vio-
lent agitation on the right).
M. de Concau.Es.—Do not speak of the Charter
bef,,re these Gentlemen; it frightens them.
M. BENJAMIN CONSTANT.—The King has wished,
in conformity with the progress of knowledge, That
his power should be limited by the Charter, and
those persons are his greatest enemies who assert that
his power does not re.st upon the Charter—(Murmurs
on the right). Woe to the country if the Government
should be entrusted to a party who would wish to
establish power on any other right than that of the
Charter—(Bravo on the left). -I can predict to that
party, that, whatever is national would then be dis-
quieted (Laughter on the right)—that there would be
no safety nor confidence, and that their conduct would
at last precipitate the Monarchy into that abyss which
they have long been preparing for it.
M. de GIRARDIN (rising in his place, and address-
ing the Members on the right).—Have you powers?
The PRESIDENT.—If M. de Girardin wishes to
speak, he must rise after M. Benjamin Constant
has concluded.

MM. LAFITTE, POMPIERES, ETIENNE, &c. called
out.—Then make the interrupter; on the other side
silent also.

M. de LAMETH.—,The President should begin by
being impartial himself.
LAIITTE.—These Gentlemen fight for office.
They do not know how to carry on anyother- "tar.—
(Violent eFitation.)
M. B. GoarraNT..—Stirely nobody will assert that
our powers do not emanate (ions the Garter? •
•.
Voice ou the right.—You are constantly recurring
to your favourite dogma, the sovereignty of the people.
PRESIDENT (turning towards therightl.—lt iv im.
possible to deliberate with such interruptions.
A voice on the left.—Then do your duty.
PeastntsT.—There can be no discussion in the
midst of such a tumult. It not allowable for a
Deputy standing in his place either to oppose or sup-
port the speaker who is in the*tribune.
M. de MARCELLUS.—I wish to speak.
M. BENJAMIN COSSTANT.--4 iepeat that, in my
opinion, all power emanates from the Charter. Those
who will not believe this are at liberty to contradict
it ; but they will at least acknowledge that our powers
emanate to us from the Charter : when the Charter is
violated, nur powers no longer exist ; when the Char-
ter is violated, we are no longer Legislators. We can
no more create laws contrary to the Chaster, than the
first hundred of factions individuals who may assemble
in the street can establish a Legislative Body. The
laws which we may institute in opposition to the
Charter, will itl no manner present the character of
laws ; we should be exercising an usurped power, and
nobody would be obliged to acknowledge us as Le-
gislators—(Still increasing agitation.)—Thus, then,
by seeming to approve petitions contrary to the Char-
ter, the basis of all our power, we should be compro-
mising the interests of France. Being well convinced
that the petition which tends to deprive wi iters of the
Trial by Jury is a violation of the Charter, and that
we cannot violate the Charter without becoming
usurpers, I demand that we should pass to the order
of the day ; and I would wish that some stronger
' mark of disapprobation should be i esorted to to prove
that we cannot suffer the least encroachment to be
made on the Charter.

M. de MARCELLUS —I ascend this tribune, to pro-
test, as a Deputy of France. against the doctrines
which I think I have heard professed. I declare, then,
as a Deputy of France, that there is no authority,
save that which emanates from the only supreme and
legitimate authority—that of the King ; that the
Charter itself exists only by. the King: that conse-
quently our powers, which emanate, Wit must be so,
immediately from the Charter, proceed in reality from
the King, for it is the King who has conceded and
granted the Charter to us. -Lastly, I must add, that
there is in France nothing national except what is
monarchical—(Laud acclamations from the right).
During this speech, M..Corbiere arrived at the Mi-
nisters' bench, and took his place near M. de.Villele :
the Keeper of the .Seals was not present at the sitting.
M. de La METII.—The protestation which you have
jest heard is a sufficiently clear manifesto against the
Charter—(Noise and muvrrinrs).—lt is a manifesto in
savour of the old regime—(Louder murmurs on the
ighl).—Support, Gentlemen, if you will, the propo.
ion of M. de Marcellus. We demand nothing better,
for France knows what she has to hope and to fear
from the meeting—(New commotion on the right).—
This is recurring to a system of tactics which was
last year very frequently employed against the side
on svflich I have the honour to sit. Under the name
of legitimacy it is wished to establish a totally new
them y. It is necessary that we should explain our-
elves clearly.

V.ice on theright.—Bravo! Make your profes-
sion of faith.

M. de LAMETIT.— I intend to do so; I wish to ex-
plain myself clearly on the subject of legitimacy—
(lronical bravos renewed). In the first place, that the
•gord may be well understood, it is necessary to con-
sult its origin. Legitimate is derived from legi anti
"rats— that is to say, inherent to the law. Legitimacy
is, thvreibre. an emanation from the law itself. Thus
a child whose birth is legitimate is one whose filiation
is acknowledged by the law. In :he old times, which
are so much extolled, the legitinte of a younger child
was the portion, the petty portion, which the law
granted to the junior offspring of a family. The law
has always decided legitimacy. If we go a degree
higher—to that touching the succession to the throne ;
we shall find that legitimacy has always been consi-
dered as the right of inheritance from male to male,
in the order of primogenitureship, to the exclusion of,
females—(Voice to the right, " And in the same dy-
nasty"). %Veil, this sort of legitimacy we are willing
to acknowledge—(lronical plaudit on the right : a
voice, " What, eves daring the hundred days?")—
But if, instead of this legitimacy, it is wished to es-
tablish a Divine right, by virtue of which people are
to become the property of Kings--(Negative murmurs
on the right)—we can no longer recognize it. People
reason very justly, when they speak of legitimacy,
with respect to the right of inheritance; but when
they speak of it with regard to property, they make
declarations which are anti-national—(Laughter on
the right)..--M. BIGNON—And absurd.

M. de LA PA XTH.—The doctrine of Divine right has
been proscribed in England.

M..de la LOT.—But we are not there.

M. de LAMETH.—It has been regarded as high
treason against the nation. Whenever a pretended
right may be appealed to, which at the present mo-
ment is more than ever in favour, owing to the suc-
cess s hich Ecclesiastical Associations enjoy (Renewed
murmuring), and owing to the protection held out
to the system of a Society formerly banished France
on account of its hostility to Kings, we shall always
be found opposed to that Divine right, because all
powers are for and by the nation—(Laughter and
murmuring)—consequently I vote for the order of
the day—(Cries of " Close the debate").
M. PARDEseus.—lt is singular to see those who
declare themselves the exclusive defenders of the
Charter, profess maxims 'which are most calculated
for its subversion—(Tumult on left, and cries of
older).—indeed, the Charter formally .declares; that
before the King gave the Charter, all authority was
vested in him—(Tumult on the left).
M. de CORCICLLES.—This is something new.
M. Pnaunsaus." The Charter itself says—" We
have considered, that though absolute authority was
in Francellested in the person of the King, our pre-
decessor have not hesitated to Modify its exercise,
according to the differences of succeeding ages."
M. de CORCELLES—In whit Article do you find ►hat?
M. de Utanaptx—lt is in the speech of the Chan-

cellor.-1-othes Wiicce--Mc I it isin the preamble_.
(Agitation).
The Pazetnewe.—l Wait again remit, that inter.
roptions are not allowable. Even in cases when the
speaker may commit a mistake, it is necessary to
,wait until the conclusion of his speech to refute
• M. PAanassus.—These ezpre.sions are literally
from the Preamble of the Charter. I am not one
of thiise Who wish to have the Charter without the
words." Louis, by the Grace et Goo." Far front -
blaming the declaration of M. de Marcellus, I say it
is.conformable to the text of the Charter. The King
alone had the power of giving the Chanel'. Before
any Charter* the King existed in the plenitude of !;is
power, and he conceded it voluntarily.-(Cries cp
." Close the debate.")
General SIUSAaTI A Nl.—By these cries fertile gm:s.
tion, it appears to be wishes to stifle the most serious
as well as the most important of discussions. I can-,
not, however, rise to oppose the closing of the debate,
without entering into the subject under considerati. n.
I wish to make the Chamber sensible that it is nl
yet in a state to decide on the question, and for that
purpose it seems sufficient to cad to ?eerdecri..„ the
language addresed by Pre, ident de Hat lay to i ietity
IIL namely, " Sire, the French Monarchy !e-.s
immutable laws, which Kings cannot infringe with-
out destroying the law which made Kin.:•s"—(B,arl
on the left.)—The question is diflicsiit and de:;,,t,,
but it it necessary to come to an u:ide ,ianding
subject so important. The point from which a:. •,syht
to take their departure is the Charter. Since .;
ap_
peared, it k strictly tr:e that ail powers r;
from it. The protest of M. de Mar-cellos is t...l,,fnie
out of place. He wishes to carry us back to Lin.:
anterior to the Charter, bat that is a principL latch
we cannot recognize. The Charter oas given by
King to satisfy the most imperious wants of th• na-
tion, and henceforth every authority in France pro-
ceeds from it—(Great agitation.)—With more calm-
ness it would, perhaps, be see.) that we are not far
from a right understanding. There is certainly iiitic4
need for coming to an understanding on ais ring,
Lion, for the nation begins to be aware—(Nliirmt::l
and interruption)—yes, for some days the I. harter
has been completely abandoned. It is vio'ateJ Ly
every imaginable subterfuge—( A ppraiise on the le: t.)
The Chamber rejected, by a slight majority,
order of the day, and referred the petition of the S.c:.r
Spy to the Con.mittee on the Pie s.
M. COUPtCXY [Len reported a Petition from
Judges of Tribunals of First Instance, praying kir ‘:t
increase of Salary, which he proposed to refer to :.e
Keeper of the Seals.
M. ETirxNE observed, that there existed a ,endencv
to render the Judges necessitous, in order that the
-hope of promotion might have the more effect up(:a
them. Power has need of the Judges, and
that the Judges should have need of it.—The petilica
was referred as proposed.
The Finance. Minister ascended the Tribune, and Tea I
A law project containing modifications of the Budge:.
LOUIS, &C.

" Article I.—A credit in rentes is oi.ened for the Minit!er f
Finance in the Five per Cent. Consols, of the stain of 3,4:3,9L3
francs, with interest from the 22d of March, 1822.

" The said inscription of mites representing, ST francs 74:.
three-fifths, the medium rate Gf the 5 IN r
the six last months of the year 1821, capital in sp:c e t Fists
millions, is specially appropriated to the reimhurstrne: t in s tc:e
of the two fifths of the notts of liquidation, calcu..t.d an
equal sum of sixty millions.
" 2. In substitution fur Article first of the project o. r. e
of ()ember—by means of the credit in inscriptions ups. •.., y :!ie
preceding Articie, the expenses of the consolidated debt and of !he
sinking fund are fixed for the year 1822 at the sum of 228,b7-:0...9
francs, conformable to the annexed account A.

" 3. In substitution for Article 2 of the said Project, Credi3
are opened to the amount of 672,850,714 1. for the expotiet cf
the service for 1822, conformable to the account B. and appli-
cable as follows :

" For the general expenses - - Fr. 534,000,354
" For the administration of exportation, &c.
(as in the Law Project) - -
. -

13232,880

" For repayments -and restitutions to be
made, &c. (as in the Law Project)

6,31 ,COO

Total - - Fr. 672,610,714
" 4. In substitution for Article 14 of the Law Project of tle
31st of October, the receipts are fixed for the service of 1422
the total sum of 902,000,033 francs, conformable to the annexed
account E."

A long debate arose on the questions whether this
Project should be referred to a Special Committee,
or to that already appointed for the Budget ? The
Chamber decided, by a large majority, for the latter
proposition, and then adjourned to Monday, when
another Report from the Committee of Petitions, ar.d
the Report on the Law Project relative to the offence
of the Press, will be brought up.