Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1809-07-07
(Continned.)

peoPie III estauhShiiG regular 60
vernment after successful resistance
10 oppression, do not always lay asid..
predilection for the institutions Of
their former government aud psr-
haps of all our predictions in IS
country in favor OF every thing winch
Is English, there is none more mista,
ken than that admiration which we Ia
wish on that parsof the English const.-
tuition, called the freedom of the press.
We propose to examine in what does
this freedom consist; and whether the
subjects of Great Britain really possess
this blessing. on which so many writers
have been so proiuse in their enco-
miums
Under Charles I. the press was con-
troied by the star-chamber: it fixed
the number OF presses and printers,
and licensed publications, and decided
without a jury. Yet upon this tvran.
ny, Coke pronounced the following
eulogy: ".that the right institution
and orders Of it star-cha rberl being
observed. doth keep England quie'."
And this'is warning {, cur countrymen
TO look upon the oracles OF English
law, not as the guardians of the rights
OF the people, in cases where the Ii
bcrty of the accused may happen 70
be involved but as the ministers Of the
pleasure OF the prince. The license
was continued under the Parliament,
under Charles & James II and even
under William III, when the people
might have conditioned for their
rights: and it was only in 1854, that
the bill brought INTO Pa, lament for its
further continuance was lost. ~
From this history Of the English
press, we lean that its freedom simply
consists in this: that you are not re-
stricted, until by publication you shall
have committed legal crime. In
England they will allow you to pub
lish and then punish you for what
they call a libel; in other contries they
take previous care that you publish
nothing that is injurious to the gov
eminent; just as III some countries
you may travel without passport;
willis, in others II is not allowa l.. 10
do so: and in tn you are sure to
be punished II you contravche the ex,
istlng lass IF the country. If these
laws happen to be unjust, and IN those
countries many Of them are so, what
difference does it make to the unfor.
tunate victim, how tyranny be qualih-
ed, if it still be tyranny at bottom?
However, If publ alton by the press
was alone what constituted libel as
few have inclination to write, and few
er still are qualified this restriction
would have only a partial influence up.
IN particular description of persons.
But like the description of Fame
in the Poet, it rises lowly from the
ground and buries its head in the !{ea.
vens. Its allowed in prosecutions for
libel, that the delivery Of a single pa
per from one person to another, whe-
ther in print CO in manuscript, is an
act OF publication: thus the carrying
letter from one friend 20 mother, know
ing its conteots, the treachery of
false friend, or the sale or purchase of
paper at book store, may involve
nan in 4 criminal prosecution, plunge
hon into dungeon, and ruin his fam !
lily.
1t viii not be sufficient to offer TO !
prove the truth Of what you have writ.
ten-it is an axiom Of English law,
th1t it is not allowed 10 give truth in
svidence:+ nor to say tbat they arc
public men, and have abused their
powers, and are answerable to the peo.
pc there is a statute called Scanda. |
Inn Magnatum, and you must not
bring the government into contempt,
you must not raise jealousies in the
minds OF the people against the par
lament or courts of justice, nor a
zaiost the church, nor ALLEVIATE the
Elections of his Majests's subjects
rom bis Majesty government. But
have written what is harmless I
lave neither mentioned nor described
sny body; merely animadverted upon /
------ IL
V'd Ds'lorpe, B. 2. cap. 10. t"AtIt
ne time the Incl bill was going thro'
ne house in England from which the :
-esent bill is copied, various questi- /