Star.
London, England, 1827-06-01 00:00:00

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respected hit lion. Fr
?
eve the obit- nature. Since the
gations which the Howell".lobe country n
.many re- of his (Mr. Peel's):
spects owed him. As would not consider him as an au- dettimeetal tohis
Eliot ity Dmitatjtierine-on any other subject, or look up to Meuse ; and, in
him as a model in any matter of general legislation. been observed by
Mr. PEEL ought the Hon. and Learned Gentle} of the House that
I
Mghttha_tfelki ?
L a consistent and honcntrable course thing like the alto
•\... in heinVhgtdo n the House upcm this occasion, to the Right Honour-
state manfully his reason, for the change his opinions correctly stated, that upon _ ongalarsa,
bad undergone. He honoured him for this conduct, tleman's going out of office, he had adverted,hivith ho-
which contrasted very remarkably with that of other nest pride, to the circumstance that he bad preserved
H ,n. Members, some of whom had recently j fined his the peace of the country without the aid o any of those
Majesty's Government, and who, hoeing Isomer ly op- arbitrary enactments that had been dee iet necessary at
posed the Act now sought to be repeated,hmth, great an earlier period, when the Hibeas Corpus was consi-
violence, shiunk abashed from the exposure of irew in- dered as the only conservative power of the British Com
consistency, which they supposed this discussion likely stitution. With respect to the measure under considers-
to occasi in. He did not think the Hon. and Learned tion, he thought it might with great advantage be con-
Gentleman was bound to act at the present day upon sidered by the Attorney-General during the recess. This
the opinions he bad expressed when these. Bills were measure, as had been observed, was one likely to bring
originally introduced, although he did not entirely agree a degree of popularity to the Government which could
with him as to the grounds upon which he ?misted the not tail to be useful to it, and through It to the country.
present motion. It was a great satisfaction to him (Mr. His Hon. and Learned Friend (the Attorney General)
Peel) to hear a measure which was introduced in 1819 had thrown some doubt opon the motives of the Hon.
by the Government of which he was a Member, now Gentleman (Mr. Home) in bringing the motion for-
in 1827 defended by his Majesty's present Attorney- ward. He would speak more openly, and he regretted
General. He rejoiced to hear this ample, though tardy being compelled to do so. But the Hon. Gentleman had
justice, rendered to the calumniated name and memory pledged himself individually to him that he would
of his Noble Friend the author of thetepills. It was not bring it forward without the consent of the Attn.
to him the most gratifying circumstance thus to find nay General. He would not attempt!o say what the
that reparation was at length made for al4tst endea- Honourable Gentleman's feelings ought td be upon the
yours to attach dishonour to his exalted chanter. The occasion ; but for himself he would say that he
Hon. and-Learned Gentleman was wrong in saying that thought such conduct could not be visited with too
this particular Bill experienced comparatively a slight strong reprobation. He did not come to the side of the
resistance. It was not true that any amendments had House on which be sat by the circuitous route usually
been introduced io it, which had the effect of propi- adopted on such occasions, but he marched over boldly
eating the Hon. Members then in opposition. The Bill and unblushingly, because with the cotours of liberality
was strenuously resisted to the very last, and the Reuse flying. He looked to the present Administration as
divided upon the third leading. At the same time he calculated to raise the interests and glory of thecountry
would. admit, that the Hon. and Learned Gentleman to the highest pitch. It was an enlightened Adminis-
was justified in the course he was now pursuing. He tration, to Which the interests of the country might be
was right in saying that now after the Act had stood confided safely. It was this conviction which induced
the test of experience, it could not be regarded in pre- Catholics, Dissenters, and the friends of Reform, from
cisely the same light as when first. introduced. But pressing an immediate consideration of their claims. It
let him take advantage of the occasion to rescue the was that which induced him, to join himself to that
memory of his Noble Friend from the imputations thus Administration, and he would always endeavour to
so i recly cast upon him. If the Act, after a trial of eight suppoi t them as well against open and generous foes,
years, was now tHliught worthy of an anxious defence; as against insiduous friends. While he sat these, to the
if they were now about to sanction it by a large mak,. best of his power he would assist theM, in repelling
rity, as be foresaw they were; it the Hon. and Learned open assaults and invidious attempts to prejudice their
Gentleman could now vindicate his owe change of opi. character with the public, and produce aniongtt their
nion—still more triumphantly would they vindicate the supporters a fatal schism.
• memory of the Noble author of the Act. He was told Mr. CANNING then rose, and spoke to the following
that it would check the aspirations of genius, and con- effect :—" Although my Hon. and Learned Friend has
demo - some man gifted perhaps like But ke, to hopeless already, I believe, disposed of the question, and although
obscurity. All this was now, however, found to have he has.left me but little to say upon the subject, yet,
been a mistake, and if it was right to retain the Act Sir, as I am anxious to state the grounds up n which it
now, how great must have been the ni cessity for its is my intention to resist the motion of ti e Hon. Member
adoption. We now lived in quiet times, blasphemy and for Aberdeen (Mr.Hume),l will troubletbe House with a
sedition were almost unknown, both having been cliec- few words. If, Sir,it be that every Member who has op-
-: tartly suppressed by the good sense of the people. If posed any particular measure in its progress through'
i the Act was just and necessary now at this season of this House, is bound to continue that opposition, and to
e tranquillity, how amply justified was his Noble Friend support the repeal of that measure alter it has passed into
for having proposed the measure, which in its practical a low, the inevitable consequence must be, as the Hon.
application was found to have produced none of the Gentleman concludes, that a partial change in the Acht
evils which had been predicted as its inevitable results; ministration ought to produce a partial chaose in mea-
for haying proposed it at a period of great commotion, sures, and that a total change in the Administration
and when the utmost efforts were made by a part of the ought to prod y. ce a total change in measures, and that
Press to delude and corrupt the people. He recollected all preceding statutes should be swept away. But, Sir,
tc,
that at this period the Grand Jury of Chester had ap- the application f the Hnn. Gentleman's argument to
prhached that House or the Throne—he did not accu- my Hon. and Learned Friend, in his capacity as a
rately remember which—with a remesentation that the Member of this House, is about as teastmoble as another
most industrious efforts were employed to corrupt the argument, which might be applied to him in a capacity
lower orders of society, and domestic servants in parti- (in which he excels all others) in that of an advocates
cuter, by the distribution of blasphemous and seditious The argument-is, that when you have once engaged
tracts. If they referred to the Reports of Sir John to exert your reasoning powers in defending a particular
Bytag, they would find that attempts had been made to cause, although the Jury may have decided against
seduce no less than six soldiers from their allegiance you, and although the Judge may have declared his
within one week. He referred to these circumstances conviction of the correctness of their verdict, and al-
with a view to defend the memory, and when an attempt though the coun:ry may have repeated and ratified the
was made to repeal the measures which be bad intro- decree-.. 1 will, nevertheless, bind you down to the sem
dace& and it was resisted by the Hon. and Learned timents which, upon that occasion, you breve professed
Member, he thought lie had the opportunity of most —1 will hold you to your opening speech, and c 411 upon
triumphantly defending the character of his Noble you to repeat the opinions, which, in the discussion
Friend, and the course of policy pursued by the Admi- of the subject, you delivered, for the palpate of
nistration of that day—(Clieeis)• producing a particular decision. With respect to
The ATTORNEY-GENERAL
is expiamtion. said. the Act which we are now called upon to repeal,
I will say, Sir, that if our experience of it is to go
he had stated, that he had not originally opposed all the
clauses is the Act. He had also mentioned, that his Hon. for nothing—if its fixedness as a statute is to go tor
nothing—if the acquiescence of the whole country, from
Friend the Member for Knaresbotough, was absent
through indisposition. one end. to the other, in its justness and expediency, is
Lord MILTON did not understand whether the Right to go for nothing—if the oblivion of the whole country,
Hon. Gentleman intended merely to vindicate the con-
the utter oblivion of the circumstances under which it
duct of his Right Hon. Friend, or to arraign the conduct was passed, is to go for nothing-1 can at once perceive
and acknwledge the expediency and the necessity of re-
of others. Whichever was his intention, he appeared to
pealing that Act; but if not, Sir, I conceive [lyric nothing
him to have signally failed. The a hole mass of mea-
can be more preposterous than the desire that we should
sures were not vindicated by the resistance of his Hon.
of one of go back, and cad for its repeal, because it
and Learned Friend to the separate repealhad been ve-
hemently opposed at its enactment. If, Sir, the opera-
them, and that the one which had been the least objected
tion of this Act had been found oppressive, or incon-
ro at the period ortheir introduction. Some of those
Acts which yet remained upon the Statute Book ought venient to the public, if it had disappointed the just
to be repealed, and particularly that which imposed hopes respecting it that wereentertained, or if, in curing
the punishment of transportation upon the second
evils of one description, it had produced evils of auo-
conviction for a political libel. The conduct of his Ma. ther descripti in, and of greater magnitude, I should
jesty's present Government with respect to the Act he at once perceive the necessity for complying with the
had mentioned, would determine in his mind the degree desire which had been expressed; but, under the existing
of confidence to which it was entitled. It was of little circumstances, I cannot but see that it is impossible.—
importance whether this repeal took place this year or And now, Sir, after what has fallen from me,with respect
the next, and that might account for the absence of those to the repealing of this Act, do I mean to say, that
Hon. Members upon whom the Right Hon. Gentleman because certain Acts ate in our Statute Book, they are
had animadverted. He begged leave to remind the also to be immortal? No, Sir; but what I mean to
Right Honourable Gentleman, that in the exposition say is, that the question of repeal must stand simply
of his conduct upon retiring from office, he took very upon its own grounds, without reference to other cir-
considerable credit to himself fur having suffered some cumstances, to the opposition which the measure
of those Acts to expire. may have originally encountered, or to its success.
Mr. PEEL-1 aid, but they were intended to be —The question now before us, Sir, is not what
temporary.
the nature, or what the quality, or what the de-
Lerd MILTON was then entitled to infer, that even gree of opposition to the passing of the measure
in the estimation of the Right Hon. Gentleman himself, may have been, but it is if in the law itself there be
the while of those Acts were not unobjectionable. any thing positively noxious; if in its operation there
Mr. PEEL explained. The opposition had been mi. be any thing so absolutely mischievous, and so inteler-
tigated with respect to some of the Acts, but that now ably inconvenient, as to make it imperative upon Par-
under consideration had been most strenuously opposed torment, at this precise moment, to decide upon its re-
throughout. He had stated, and he had no objection peal. lit favour of this proceeding it has been argued,
to repeat, that the Right Hcia. and lion. Gentleman to that because there existed a system of laws, some of
whom he had alluded would haae taken a better and a which were perishable, those that were perishable ought
more manly course it they had followed the example of to communicate their mortality to the rest. Now, Sir,
his Hon. and Learned Fiiend, and attended to oppose really this argument is so extraordinary, and so insects-
the motion, instead of absenting themselves. tibiae:, my judgment, that I know not how to deal with
. Mr. LENNARD expressed his intention to oppose it. 11, Sir, all these laws bad been made together, and
the motion, although there were several clauses in the it one of them had been afterwards repealed, and we
Act of which he aid not approve. Het xisre,sed his were then called upon to repeal all that remained, the
intention of giving his entire confidence to his M ijesty*s c ise would be widely different ; but, Sir, in the present
Government. instance, Parliament judged, after mature deliberation,
Sir R. WILSON said, that although he could awe- and after lteatiog arguments upon every side, that some
ciate the motives which had influenced the Right Ho. of the e Acts should be perpetual, whileothers which had
nourable Gentleman
.(Mr. Peel), he yet thooght that been rendered necessary only by circumstances of a tem-
eulogiumssucb as he bad indulged in upon his departed purer), nature, ought to expire with thosecircumstaoces
Fvieltd wete indiscreet, because likely to provoke dig- sinus which they had thrived their birth. With respect
CU4IIOII, which could net be of other than an unpleasant to those intended to be permanent, Parliament width,

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subject, you would be obliged to travel from one end
of the cou try to the other; and tell the people that
such a law existed—(Hear, hear, hear.) And I will
say, Sir, that a more wan on attempt at excitement to
produce a consequence, is not to be found in the whole
history of Parliamentary proceedings--(Hear, hear). 1
shall now say a lew words with respect to the liberty
of the press, and the effect which this law is supposed
to exercise upon it, and will ask, Sir, if a foreigner who
had, for the first time, placed his foot upon this soil—
or even if an Englishman, who had been for, we will
say, ten years absent from hoiue, was called upon to state
what he considered to be the peculiar grievance under'
which we labour, would he not say—" Why, you have
nothing printed here—you have no free discussions upon
public measures. What has become of your rights
mad privileges as Englishmen? Why do ,you abstain
from public men and from private character ? In short,
have you no such thing left as type and paper in this
country of yours?."—(Hear, and laughter). Now, Sir, I
will just beg of you to consider for a moment, what is
the great grievance of which the Hon. Gentleman (Mr.
Hume) complains ; and what is the end and object of
the measure he proposes; and we will then see laow the
vacuum, which he laments so deeply, can be supplied.
With this view, Sir, let us observe, what description of
publications it is that this law is calculated to prevent.
In the first place, they must be blasphemous. Well;
let us have blasphemous publications by all means—
(A laugh.) In the second place, they cannot exceed
two sheets. Let us, then, have two-sheeted blasphe-
mous publications. In the next place, the author must
valise the produce of his brains under sixpence. Well,
Sir, then let us have blasphemous, two-sheeted, under
sixpenny, publications. The Honourable Gentleman
opposes the prevention of them upon general princi-
ples, and declares that the prevention creates a great
defect ; and to supply this great, and melancholy, and
deplorable, defect of blasphemous, two-sheeted, and
under' sixpenny, publications, calls upon all parties—
upon
those who had opposed, and upon those who had
supported, the measure which be deprecates, to lay
their hands to the hallowed work of restoring to the
eye of day those blasphemous, two-sheeted, vile-priced,
publications—(Hear, and laughter). But I believe, Sir,
I can inform the Honourable Member, that all this is
not aecessary—there is a much better and shorter course
of proceeJing. Let any Gentleman, who is blasphe-
mously disposed, and who has a stock of blasphemy
upon hand, that he is anxious to dispose of—let him,
to the two sheets, add a third—let him, instead of
an interval of twenty-six days between publica-
tion, take eight.and-twenty days—slet him screw his
courage to the sticking place," and instead of 6d.charge
bid. and he will evade the law—(Hear, hear, and im-
mense laughter). In fact, Sir, the y persons who
would derive any, the least, benefit from the repeal of
this law, would be those who, with a disposition to
blaspheme, Were yet either too modest to think of pub-
lishing more than a second sheet, or possessed too tender
a regard for the pockets of the public, to venture upon
adding the additional halfpenny, which would free them
rem the prohibition under which they are restrained—
(Hear, hear, and great laughter). For myself, Sir, I
mast say, that notwithstanding what has fallen from
the Honourable Gentleman opposite, I do not con-
sider the grievance to be one of first rate magnitude,
nor one under the infliction of which the people of
England are made m writhe at present. Ido not think,
Sir, that there is at this moment that great deficiency
of gross abuse and unlicensed vituperation, which would,
render it necessary for us to open a new sluice, by the,
repeal of this Act—(Hear, hear). I say Ido not think
this necessary, but at the same time, I will also declare
my conviction, that there never was a period at which'
really uselol information was circulated at so cheap a
rate, or at which, by consequence, it was so widely
diffused amongst the lowest classes in society. This,
Sir, I consider the peculiar characteristic of these
times, and in this I conceive they-differ from those in
which the Act was passed. By this Act all the advan-
tages that can result from a freedom of publication ate
left untouched, while it is purged of its gross impurities ;
and, Sir, highly valuing as I do, the press, as the source
of wholesome information, I shall conclude by express.
ing my hope and trust, that the House will never consent
to poison the healthful stream, by letting out a stream
of vile pollution, which has happily been dammed up."
(The Right Hon. Gent. sat down amidst loud cheering.)
Lord HOWICK said, that be did not agree a ith his
N.ible Friend below film, in thinking that this was a
subject of comparatively little importance ; on the con-
trary, he thought the law in question was of a tendency
much more mischievous than many others. The penalty
of banishment, from its severity, as well as the other re-
strictions, must operate as a constant clog on the energies
of the Press. He would rest his support of the present
motion, if there were no other grounds, upon this fact
alone, that the law, as it at present stood, threw ob-
stacles in the way of cheap publications,which were alike
impediments to those of a proper and improper so. r.
Mr. BARTLEY said, that he opposed the motion,
because the present was not a proper time for such a
proposition, as the Ministry had only been just formed
—(Hear, and a laugh)
Sir J. NEWPORT rose, amidst criesof question. He
said he could not see any thing in the Act which did
not equally affect newspapers, and he saw no reason
why publications of the description alluded to by the
Act should not be subjected to similar restrictions, and
unless the Hon. Mover was prepared- to go the length
of doing away with the stamp duties, and other regula-
tions, he ought not to succeed in his present motion.—
He had never given an opinion upon this Bill before,
but, now that a motion was made for its repeal, he hoped
it would not be carried, and he would give the motion
his cordial °position.
M . WARBURTON said, that at the commencement
of the session the Hon. Member for Wincheisea had
espressed his wish for the repeal of the Act in question,
' wherefore it could not be said not to have been thought
of by the country. He, however, wished. that a Bill to
amend, rather than a motion to repeal, the Act had been
brought forward, because other Hon. Members would
have given their support to such a course of proceechng.
There was enough, however, to shew, that the principle
of the Bill was bad, and on that ground he would !rote
for the motion—(Question, question.)
Mr. HUME rose to reply. He said he would shew
that many of the Members, who had opposed his motion,

event which terminated the exigence 'paled that difficulties might continue to exist, or might,
Noble Friendhad taken place, nothing after an interial, arise again, and, therefore, to *wild
Character had seea allnded to in that the necessity of again framing such, were anzititruthat
fact, a delicacy upon the subject had th.:y should remain spots the Statute Book ;, isnd, Ste, I
those who sat upon shisieppo-i,e side will now ask the House, is there any thing so outrage•
t ought to have sired them from any °tidy objectionable in this law at least? Are we loudly
osions which had been made use of by called upon by the voice of the country to repeal it ?
It able Gentleman. A Noble Lord had Why, Sir, the voice of the country never was so silent.
that upon the Right Honourable Gen- If you wanted to obtain the popular opinion upon the
_ tea Its..el from nne end