Star.
London, England, 1827-12-03 00:00:00

/ROM THZ JoonliAL Das DZBATS.

The following are a few extracts from a very long
and reasoned opinion, given by several members of the
French Bar, relative-to the Censorship:
" The undersigned Counsel, consulted upon the ques-
tion, whether the previous censorship of political jour-
nals, abolished by the fact of the dissolution of the
Chamber of Deputies, pronounced by the King, accord.
ing to his ordonnance of the sth November, 1827,.can
be re-established by Ministers immediately after the
operations of the College. of the Depirtments, and be-
. foee the finseions of the Chambers. the gneiss ef which
infixed for the S h of February next.
And what means of resistance, without departing
from the law, can be opposed to the ordonnance for the
re establishment of the Censorship, and to the adminis-
trative measures which may be the consequence of it.
Article 4 of the law of the 17th Matti:, 1822, which
permits the re-establishment of the Censorship, contains
two restrictions upon the use which may be made of
this power by Ministers.
By the first, the Censorship ceases of right (de plein
droit) one month after the opening of the Session of the
Chambers; by the second (anci it is this we are concerned
with), it also of right ceases the day of the publication
of the ordonnance for the dissolution of the Chamber
of Deputies.
It appears to us, that in the case of dissolution, the
liberty of the periodical press is restored to the French,
not solely during the continuance of electoral opera-
tions, but as a substitute to them for a Chamber of
Deputies, which is no longer in existence.
According to Article 5 of the law 31st March,lB2o,
the fact of having published a sheet or a number of a
Journal without having communicated it to the Censor,
is an offence cognizable by the ordinary tribunals.
It is then before the Correctional Police; and after-
wards before the Cour Royale, that the question of
knowing whether the Censorship is legal must be carried.
Article 6 of the same law adds, that " when a pro-
prietor or responsible editor shall be prosecuted by vir-
tue of the foregoing article, the Government skull be
able to pronounce the suspension of the Journal, or pe-
riodical writing, until the trial."
This latter clause appears contradictory of the for-
mer, but it is Only applicable in the case where the le-
gality of the re-establishment of the Censorship is not
judicially contested or definitively judged.
The disposition of Atticle 6 being only accessary to
that of Article 5, respecting the competence of the tri-
bunals, the administration cannot precede the action of
the judicial power, otherwise the effect would be more
powerful than the cause—the accessary would over-
power the principal.
The responsibility which the Administration would
incur by abusing the preventive power, which might he
desired to result from Art. 6, is not a sufficient reason to
renounce the guarantee Which the tribunals present. Be-
siaes, at the epoch of the 51st March, when the law was
passed, the Censorship was permanent,whilst at present
it it only temporary and an exception.
In case that the question should be brought before
the tribunals, there is a mode of satisfying both the Go.
vernment and the Journals ; namely, that the tribunals
may decide immediately, as in an electoral matter, that
is, that they may decree the execution of their judgment
instanter, notwithstanding any appeal. By this means
the responsibility of the Administration will not be
compromised, and the interests of the citizens will
be respected. Given at Paris, the 26th of November, 1527.
- HAMBERT.

The following have agreed to and signed the above:
Messrs. &fryer Pere, Trifler, Croatians, Paquin, Dequevauvilliere,
UM, Heroine, %Übe, Chat' d'Eitange, Auguste Portalis, Orcil
Dumelard, Cm., P. Vince, Ch. Lucas, Paunaiere, &Image, Pirrel
Grape-lump, Edmund Blanc. Fleury Baroebe, Mari. Leroy, Cb.
Ledru, Reynaud. Guynrd Delaluin, Le bUddeler, F. Fraisitnaud.
P. Grand, Denis Lagos*.

The uhdasigned Counsel adheres to the opinion ex-
plained ..in the above consultation, founding himself
principally on the reason that three is a species of later
reruns of the miniohal lepresentation, so lung as the
Clamber of Deputies ls not assembled, and their powers