Star.
London, England, 1819-12-21 00:00:00

that, person, but he did not
ishment proposed to be ap-
, would apply to a second
her of trials were set down,
Li been, to take place one
)t to such a. case that the
nt was to be applied, but it,
!ual, who having been tried
offence after conviction.—
nder all circumstances, he
unjust infringement of. the
When it was said that an
ell be imposed, he would
Terence between a measure
House, and that which might
ritings of Mr. Locke, the
ney, and many of the most
?sent possessed ? When the
ntry we:e such as to present
was the duty of Parliament
is his firm opinion that they
the present Bill, for it be-
try to oppose the attempts
tgress for the last 26 or 27
:.;onstitution and the Govern-
i the most 11 igitious Lbels to.
people. These attempts, it
hied. The great majority of
ieved to be sound—( Hear,
he efforts of the disaffected
, and great mischiefs had re-

ugh no man could more re-
bad taken place than he did;
lore detest the blasphemous
issued from the Press, still
fiat the House should pause
measure now before them,
ould essentially alter the law
)ne of the great safeguards of
flagrant abuse of a right was
of tyranny in rulers. They
a friends of freedom who sti-
nsubordination, :nid were, in
of those whose cause they
r encouraged the dissemination
seditious writings, and were,
ted by a wish to rise through
le ruins of the country, to al-
s, however, the duty of that
away by the panic of the
vss such evils, by adopting
as to be fatal to that liberty
the boast of Englishmen.—
e Gentleman had spoken of ba-
mmon punishment in the good
tution, which good old times
of the Stuarts, he (Mr. Graham)
hat banishment was a punish-
e law of England. To Scot-
ad once been known, and cer-
. period it had been known to
fhe mistook not, to the law of
aishment he objected on account
re on different individuals. To
milder, to the poor man a se-
,n transportation. A poor man
out and maintained at the pub-
pped of all, and banished and
reign shore, what could he do
:o get bread, or die to disgrace
ar, hear). He disapproved of
to search the premises of a per-
bel. He would neither consent
tld be exposed to a search by
y day for newspapers or squibs.
ect to the principle of imposin
tap publications, but he fe
vs would be found in the way
; and under the new system
ior man would find an obstacle.
cation of his seetiments on many
t interesting to all men. He con-
it to be his Intention to give his
against the present Bill, as well
ure for punishing the offence of
thought, that instead of its being
it was a great objection to the
1 the printer and publisher, while
y, the author, was not toeched
was generally the itteocent and,
ent of the author, and therefore
ontrary to common sense, and to
eof that Houte. It was only in
printer, on being brought before
ng up the author of an offensive
itely liberated, while the author
He objected to the Bill generally.
pposed the Bill. it introduced
anovation into the whole system
-b
1.-ru ated the Press of England.
re heard such doctrines laid down
al been delivered by a Learned
!ember for
.Somersetshire,
iindivi-
is carried the more weight as they
to either of the two pjartjes into
;as divided, and held, ps it were,
own hands, which they might
d. If such doctrines us these were
he. popular branch of Vie House
once abdicate its (minims, and
be managed as his Itiojesty's
In such a case it was usf.l7s to:
)r he and his fiieads would he.
adow, after they had lost the sub-:
ould call upon the House, if it
common with the People, to pause:
heir sanction to these Bills. Ile,
attention exclusively to the News-
r Bill, which was one of the molt
he measures, as it introduced a
he law, a principle which, in his
)an imprimatur. Indeed, it wopld
le purposes coeternplated, if it did
ceercion; awl though it
, and tlioagli it should tend to the
viduals, still it WAS not ade9uate
iof the evil. It inflicted
.pupish-,
,d shacklas which no sev!ectiOle
ed, when entering on his proTes-
er have to eneoentez. 4fteentalr,ing
:rvations on the Bill, the Learomd3
the attention of tbe,House particu-
which he thought most materitl.
clause which appowered a single

sary.to.pre's
such.circninstances
had already '
i lilac kstone,
tics, wotte
ianyikehiNu.
power?
sane mai
if A vr,
had n'o

Sustiee of Peace to execnte some of its, provisiotts.-e.
!The duties of Magistrates were already strfficiently
arduous, bat now they were to be called on to search
for arms, to attend Public Meetings ; armed them-
selves, and with an armed levy, they were to search
,houses, where they spspected libels to be. concealed ;
in. short, they were called upon to undertake such
various and important duties as no Gentleman would
make himself responsible for without being paid a
salary. And then what was to become of all those
splendid eulogies which had been passed upon the
unpaid Magistracy of .ffngland ?—(Hear). True,
their powers were increased, but so also was their
responsibility ; and he,deirbted whether Magistrates
would be easily found' whe would put these powers
in practice. if the House would but consider what
they had' aiready -done, assuredly they would pause
before they consented to such a Bill as this. They
had given such a power for the suppression of Pub-
lic Meetings as was almost equivalent to the annihi
lation of them. They had given a power to seize
arms by day or night, and they had made a great,
and he was ready to allow, in some degree, a useful
alteration in the law which enahled the Crown to
bring defendants speedily to trial—(Hear, hear)—
he was not disposed altogether to admit the ne-
cessity for this alteration, as it affected the charac-
ters of ,the Juries of England— (Hear, /rear, hear).
They were always found to discharge their duty,
whether the trial followed the offence sooner or later.'
Some imputation was thrown out upon the difference,
of the verdicts in the cases of Hone and Carlile ,:, but
no man who had any feelihg, and any regard tor I
truth, would say, that because Hone was acquitted
by one Jury, Carlile should have been acquitted by
another. The Juries had done enough to shew that,
in their opinion, blasphemy was an offence against
the laws of England, and that they were determined
to. put it down by their verdicts. They proved the
value of that most fortunate feature in the jdrispru-
dence of this country—the Trial Ly Jury, and that
if there was any thing to which the sinking liberties:
of the country could look up for protection, it was
to an English Court of Justice. Such a tribunal
would be telt to be peculiarly precious in times like
the present. He would not speak of all the violence
which had been committed at Manchester, nor of
the wounds which, had been inflicted there—wounds
,which were nothing in comparison to the wound
which was given to the Constitution. But he had
ao doubt that the Authorities, on that day, acted un-
der instructions from the Ministers of the Crown.
Hence the speedy expression of thanks which was
conveyed to the Magistrates, hence the suppression
lof all attempts at inquiry ; for it was idle to talk of
Juries when the Constitution was violated.- Whether
the Meeting was legal or illegal, it mattered not;
enough had occurred to strew that the Magistrates
who acted on that day should be stripped of their
commissions, and that those who presided at the
Home Department should be impeached—(Hear).
As to the Bill before the House, he protested against
the principle of securities. It was equivalent to an
iwynatatur, for it was as much as to call on a man
to say, and that too where the offence was undefined,
" If I do violate the law, here is my friend, who will
lea, for me whatever fines I may incur." What was
this but demanding a pledge previous to publication?
and, therefore, it was a preliminary restraint to such
an extent as was hitherto unknown to the law. Gen-
tlemen referred to the Star Chamber, and to the
times of Charles 11. They were at least consistent
in referring to those times, because such measures as
these would inevitably lead to times like them. But
if the object of Government were to get by these
means a Press subservient to their views, it was one
of the wildest wishes that ever entered the human
breast. If that was not their object, then assuredly
it was not worth their while, considering the sureties
required were so small, to press such an innovation
against the Constitution. They might, with their
majorities, indeed, succeed in carrying their mea-
sures, but they might also one day be brought to
feel that they had gone too far--(Hear, hear 1)--
They were proceeding exactly in that course which
would ultimately turn against them those who at
!lament were neutral, and strengthen the hands of
those who were opposed to them. Both the Acts
went on with the same preamble, namely, that the
present laws were insufficient. 'This he denied
to be true—they were sufficient for all the pur-
poses of justice, unless, indeed, it was thought
'juttiee to apply the dagger at once to the neck
of the offender. It was supposed by some that
banishment was actually necessary to be intro-
duced into the gill in order to render it effectual.
But was this the case in France ? Would it be the
case in England ? Vas it not, on the contrary,
likely that persons banished from Englind might be
induced to send into the country writings of an in-
flammatory descriptive, when they would find paper
and the materials of printing cheaper on the Conti-
nent than they could at home ? Was not the Re-
volution in Prance in a great measure attributed to
works which had been prohibited there, and whose au-
thors had been banished ? So long as the market
was open, a supple would be seat to it, and the article
itould be rendered more valuable by the stimulous
which such prohibitions would give to curiosity--
Wear, hear). In every point. of view, he thought
'that all that had been already done, was all that
ought to be demanded. He implored the House to
consider whether enough had not been done to sup-
press the imminent danget ? He implored them to
stop srrhere they v.eres and not to push themselves
farther into a separation Evens the mass of the Peo-
ple, whom it was the duty of the House to protect—
(Hear, hear).
Mr. BANKES denied that enough was done, until
:these Bills • - - - the '
.quillity of i
to, he thou),
C istituti
1 ot on.
,most importani
far in its -

36/4 wtf said .21)"'"Pi & Chamber. Yet, it
*441"11 g_,nclv.nr th3t.t..12°11/ °PI Irie(iuNiS,4o2
tr''th"ewlins inui earegnotulh:44"r 14bP pg4Ftheipat4a7Past
'Ordinances into Parliameut...-7(liirirt • 41
this matter, which was said to fundamentAii the
liberty of England, it was curiou' s to observe, that
althoughin the Bill of- Rights the Liberties of the
People were asserted, not one word was said about
the Liberty of the Press. At the time o£ the Revo-
lution, there was a Censorship upon the Press, of
the most severe kind; yet it was not complained
An Act had been in existence from the reign of
Charles the Second, which established a Censorship ;
and this Act having expired, a Bill was parsed by
the House of Lords, in 1698, conferring. similar re-
straints upon the Press, though certainly it was after-
wards negatived, by the Commons—(Hear,
At that time the Government, and let it be remem-
bered that it was a Whig Government, did what they
could to have the Bill passed. That, too, was a Go-
vernment whicb was mainly instrumental in bringing
about the Itevillotion. The restraints to which he
alluded went to prohibit the publication of any thing
heretical, or which opposed the religion of the coons
try, and also every thing which would bring scandal
upon the establishments of Church or State. This
was certainly going much farther than the Bill now
before the House. The former Bill prohibited the
printing any thing with regard to the history ciz'
science of the country, without a license of one kind
or another. It would seem to have been the object
of(the framers of that Bill to prevent free discussion
on any subject. It required even the printer of a bal—
lad to affix his name to it, and none- were allowed
to cast types without giving previous notice.—.
The number of printers was limited. New persons
were prevented from going into the trade until the
then existing number of the then master-printers was
reduced to 20; and the same provision was extended
to letter founders until the number was reduced to
four. The number of apprentices was limited to three
for each master; and the new persons coming into
the trade were to be nominated by the Archbishop of
Canterbury and the Bishop of London.. Constables
were also empowered to search suspected shops, at
whatever time they thought fit. The punishment for
the first offence was taking away from the offender
the right to exercise the trade for three years; and
for the second offence the punishment was perpetual
disability to pursue the trade. The Bill referred to
all books printed since 1662. He did not refer to the
former Bill for the purpose of approving of its pro-
visions, but fir sheaving what was the spirit of the
Government with regard to the Press at a period to
which so many reference's had been made in support
of its liberty—(Hear, hear).—But whether the mea-
sures of tormer times were good or bad, it was not
much to the present question. Was it possible that
the House would permit, that such volumes of blas-
phemy and immorality should be diffused among the
people as had been for the last four years in circula-
tion ? No property was safe, no Government could
be secure, so long as they were subject to the attacks
of every despicable writer who wished to scatter his
poison abroad. And here he could not help saying,
that the House itself had contributed in some degree
to the evils complained of. He doubted very much
of the prudence of diffusing education- so extensively
as it was done among the lower orders—(Rear).--s
It led to a state of society which our ancestors never'
contemplated. If it made men capable of good, it
also made them capable of excessive evil ; and in
such_ a case, it was essentially necessary, since the
People were so generally taught to read, to take care
what should be laid before them. This state of so-
ciety was new, and required new measures to regu-
late it. If, indeed, he had any doubt of this-measure
at all, it was, that it did not go far enough !--(Hear,
hear, front the Opposition). For his part, he was dis-
posed to go further, and. he believed it would be,
found necessary, still to adopt stronger measures with I
regard to the Press,- than any which •they had yet.
considered.
Mr. ABERCROMBIE expressed his regret that
the Honourable Gentleman had addressed such a
speech as that just now delivered,. to such an assem-
bly as the present. It would have been better suited
to a Meeting of Radicals—so extravagant was it in
its doctrines, so violent in its precedents—( Hear).—
It was admitted that it was of no advantage to the
Liberty of the Press to refer to antecedent periods;
nor was it necessary, unless the Honourable Gentle-
man had forgotten what the House had, in his own'
time, done for the extension of that liberty. • As to
the Honourable Gentleman's observations upon edus-
cation, it was a great consolation to him to know that
whatever efforts that Honourable Gentleman might
make, they were not very likely to impede the pro-
gress of that general blessing l—(Hear, hear, hear).
The Honourable Gentleman was pleased to inform
,the House of what passed at former periods, with re-
gard to the Press. His arguments, if they proved any
thing, proved too much; for by similar references he
would deprive us of the Habeas Corpus .Act, and
indeed many of the most important rights which
were now enjoyed. If his doctrines were true, then
every writer was ignorant from whom he (Mr. Aber-
crombie) had learned his lessons on the Constitution.
He had liprned that it was one of the great virtues
of the British Constitution, that it was the result of
the a experience of ages.. But where was
the ground for boasting of this experience, if, when
'a right was spokeikof which had beep enjoyed for a
..houdred /OM it was competent to the Honourable
Member to turn round and say, that right and ex-
perience signified nothing, when compared with pre.
cedents--(Hear, hear). His argument was—you talk
of enieyiog a certain right, uow 1 can shew youe pe-
riod in our histoyy when this right was not-enjoyed,

thus faro he Ira* 'Stan neeanrbound:to irgveein ibex ' "--
conclusion drawn by the Noble Liad, that the "law ~
ought to he altered. .lie had not yet been coeviinchd,
in no argument bad. been addu'ced to proverhax
the existing laws were.inadequate: He never could
he brought to believe that Juries would not do their
duty. when called upon; or that they would refuie
to convict the libeller and the blasphemer; and if
this could not be shewn, a single step. ought not to
be taken cn such a principle of legislation as the
present.. By enacting such a •measure, they must
suppose that there was a defect not in the legislation,
but in the administration. of the law, and they were
acting hostile to the liberties of the People. The
Case of Mr. Hone could not be advanced as a ground
for the present measure ; for his acquittal could not
be said to have given encouragement to libellers; •
they were encouraged, because no attempt was made -
to bring any. of them to justice, with that prompti-
tude which ought to have been used. Therefore;
when he considered that the law of the country ha
been suffered to remain inoperative for so tong a
time, he must deny that there was any necessity for
a new law. Most of the infanaoas publieitiOns, to
which he alluded, were of modern data, and the im-,
punity with which they were suffered to go on;gave
them encouragement. Besides, the parties sending
them forth, made money by them; ":and that .wsts- a
sufficient inducement, when punisluilitatt appea_te!A.
he remote and undertaie(fietirs ifrity)----4Wfpl
therefore give the Bilt his decided , ; '
Mr. BENNET said,' be felt it necessary 6; Inalat
a few observations,' chiefly on account orThat.- h I
fallen from did ItflOnourible Neinber rm. cFri. Cad(Mr. Bankes). 'Abtrming of were the proylliOns o -
the present measure, he must saj, that tt was not 0,
alarming as the principles just acriaaied by pk
Honourable Gentleman—(llcar, heao,l' L'-•-:icoi. he kq-
lieved; that ever vincethe timel'whentheliWtqu'occit
by that
.illmourahle Gentleman had been passed," ntp,
such unconstitutional doctrines as these were held
foith.• The gonOurable qemleman miihr•have gone.
back to other perlods of °et-history; and found 301
worse 'laws in those to which be alluded. lit.
would have found numerous esamplesi of tiranny in
the time of the Tudors; and by refining to the hie=
.
tory of Henry VIII. he would find that that King
ordered his own edicts to have the force of laws,.
without the authority of Parliament. But. rtone of
those cases could be quoted as precedents to jtuftify
such measures as were now brought forWird by Mi-
nisters. In every part of the Honourable Gentle:pa:l'i
• speech, there appeared to be a lurking. principle that
was hostile to the liberties of the People. The Hon.,
Gentleman would suppress the diffusion of knOw-
ledge—he hated the practice of educating the 4'41-
dren of the poor ; he would not allow their minds to
be enlightened; and he might go farther than this,
and say, that he hated to see the poor instructed in
morality and religion : for how was it possible for the
poor to be moral and religious without educairion?—
The Hon. Gentleman might, in the neighbourhood
of the place which he represented, see his own prin-
ciple falsified ; for many hundreds of the children
of the poor were educated there, and the instruction,
they. received produced the best possible effect upon
their morals. Ilekitew very. well that attempts were,
made, in various quarters, to check the progresi a
education ; but he never before heard it asserted, that
the education of the poor was an evil. It was!im-
possible for him to hear doctrines so fatal to the hap-.
piness of the poor, as those promulgated by the lion.
Gentleman, without rising tt• resist and express his
abhorrence of them. He never could have believed
that a Member of that House could have felt a wish
to take away from the poor that which-the King of •
this country, in his generous benevolence for the.
happiness of his People, was Always anxious that they
should possess : for our gracious Sovereign had been
often heard to express a wish that every poor mania
his kingdom might be able to read his Bible I (Hear).
Yet, after-inch a sentiment uttered by the Sovereign,.
rwhit must be thought of the Member of that House
who wished to shut out from the poor the gnat inlet
to the knowledge of religion?—(Henr).---The great
question now before the House was, what was thee.-
tent of the evil they were providing against? Redid
not deny that many blasphemous and seditious publi-
cations had been sent forth to the Public ; but he must
declare, that these publications were not of peaces-.
tent in their circulation. • He knew of one puhliCa-
tion, of which IWO numbers were circulated at one
time in a certain number of towns ; and he coed as-
sure the House, that the moment the People saw tliat
the paper contained blasphemous matter, the circn-
lation was immediately checked ; not one of those.
1500 were any More allowed to be circulated in that
district. It had been stated, that the acquittal •of
Mr. Hone gave encouragement to blasphemous pub-
lications. This he denied ; for the acquittal of far.,
Hone took place because he shewed, to the satistac-
tion of the Jury, that the intention of blasphemy did
not exist in his mind, and not from any want of hfrrh:
For in the minds of the Jury against blasphemy. Mr,
Bone clearly shewed, that the most learned and pious
lien in the country had•conveyed political semi-
=tents in the shape of parodies upon Scripture. 13e
.(Mr. 'Bennett) contended, that a fouler libel nevp,
was uttered against man, than that of saying thAt
the Juries protected Mr. Hone, and 'that, after. his.
kiequittal, he was protected by several persons who
ere favourable to blasphemy—(Neer, Aeari).-,--;
'w
'The very reverse was the case; and no man could,hn
'snore independent or honourable than those to whom
he alluded—(Hear, heir). He should now come to
the clause in the Bill for laying a stamp duty imp:-
t:tin publications, To this hie objected, locesitsk it
I would go to deprive the pOor of one great source of
Ittial; igitatical, and religious instruction, , which
• - -- - . • ' - ''..... Oublications ~---

.1N Khs denied tnat enougn was %PAW, WatAa ... w-4—,--,, _____ _ ...
is should be passed, for restoring the tran- nod us our history when this right was aot.enjoyed, moral, instoncal, ono rymisiosis 111b1.11MAVAII, II.ILUVAI
)f the country. The measures already agreed erzo, you shonld.aot enjoy it now—{iegr,. hear).— was generally conveyed to them in publications qt '
'ought essential to the preservation of the fk regretted extremely to hear the
, llononrableGen- this kind. 10;0 would no! prevent the 'sole of tbe
tion. But the House had now to do with the ;demon' say the House hid net *One far enough. reßst olsje.ctaWt publicatiOsiswoithi not op—
portant of all. The Press had now gone so He (Mr. Abercrombie) apprehended only that they (Obetts Re4sster, which sold more when it, hpitl is
power producing evil, tisat4t was neces- had already gone a greatiealtoo far, and he appre- sfamlithanli did without one;
besides, tio .
4
,re,„„, it from esertiong that power, should hended,it the more strongly since he had heard the would gable a ~triuch roster taci)ity,to ciri •
, cpmscances again occur, as those which they actilioralile,Qtatleatan, OS *II a phrase; foistri *cease Pvcrs 1!9p14 'then tray* rapicay
~•
ady to complain of—afear, henr).:—When lustrated an ozpreosion of thallobleLords to. • j the country.by means of the Post-Oace:
>tie, oriinyof the pther accredited ',outbori-' he was not inclined before to atto.th much.impoat,-; clause to which li.!
,objeicted,,Wartliat of .. ~,..
Pte UpOn,the AtibjeFt ,qf AO gress,..lo4
,theij ante.. ~..,fhe Noble loord 5„,,/, 14
they
to g.. give security fb :the eitinsecidediety,
',them it.would losve.gaiseil.sisth onaissatrab nottuitend to 14; s4y ear 444 7., r. sae they
,pubh.lold..hfo'iu,o4,t.iyfqpiil 44054, . i , .
Thillieuespopers woo not toothless& is duo words, he lama, .were : li.O.lrrpits4t., .skp.r.tip .:41140Sri°1
tanner formerly, as rkeiy wete tiotr. ;in hti they were not without dieiripeisawit-ALlfeerr,:keer. agy Jo ..
.71e ..t . inie.
istlif.ult,n-
e e.vlltoiht re(PCocd *44404 ' - e Oilimd iiicti• I. tO-.lolle-abis c*94, _ it) .kiz: ~ A is-t, . . :1.,:.'
,44ciRie pficsigitimalgiii•be ps4pjame:m , la* .: , Irtigt !Bei,. .1: • ! ;clic
.typ
• - .4,1,1 .1.4191Y.0 •
no objection to establish,o4hOse MO NUS' . •. it 391 . VAIL -' ... '.4Y41:1 ' Aa.tee IF itigl -lk-'' ' ' s •
i
.