The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-28

the chapter Of the decree, which specifics and de
fines the offences Of the press, really to Leave
very little scope for its operation IN any direction
The exposition commences thus; -
SENoRA-Of the elements which constitute the oranza
ton Of the constitutional system there few which
merit such special the right Of publishing ideas by
means Of the press This right elevated to the high
sphere Of works of science and study and the examna
tion Of the great questions Of general interest has
ordinarily powerful vehicle of social and intellect adj
vances. whilst reduced TO the circle of the periodical
press it carries with it grave and dangerous inoonve
limits easily comes TO be IN instrument perturbation
and anarehv Converting itself under this aspect into
mere political machine. the press with difficulty pro-
duces when II Is abandoned itself more than the dis
credit Of the samc institution in its truly useful
part serving to give ament to the bad passions and
offer vast field to the violent struggles of
parties Society alarmed by many does not
when it thought Il raw in thc press it's and
the time Of Elusive hopes having passed the unecevng
has arrived there being nothing to be feared than
the reaction which this adverse disposition Of minds
may produce. II is necessary therefore it from
itself restoring its benefcent aud cvizing nature extr
eating it from the false ways in which has wandered
and obgng to occupy itself with nothing but the use
full objects to which it is destined &c.
The following is translation Of the Sd chapter Of
the decree which treats of offences Of the press
Art "a The offences Of the press
J. Against the Sovereign and royal family
g. Against public order.
4. Against society.
s. Against religion or public morality.
O. Against the authorities.
T. Against foreign 6Overegns.
g. AgainFt private individuals
Art % Commits an offence against the Sovereign that
which attacks oends or depresecs in any way and
der whatever FORM his sacred person. dignity rights
Art. 26 Commits an offence against the royal family,
that which attacks oends depresses in any way and
under Whatever FORM the persons, the dignity the
rights Of al Or any Of Its members
Art q. Ofends against the safety of the state:-
That which attacks the form Of government csab-
That which tends to coerce the free exercise OF the
constituted powers.
declare against Spain data BY which
1t may be done successfully.
T. That which tends relax the fidelity or discipline
Art Is. Ofrends against public order =
l. He who publishes maxms or doctrines directed to
disturb the tranquility of the State.
lie who inctes to dsobedence Of the laws Of the
authorities
lie who by menaces or sarcasms seeks to coerce the
4. He who provokes foments dangerous rivalries
amongst the bodies Of the State classes of society
. o. lie who publishes alarming or false news with rela
ton to public affairs.
O. He who manifess fears events which may disturb
Art. 30 Ofends against society,"
l. lie who makes the apology Of actions qualified by
the laws criminal.
2 He who propogatcs doctrines ntrary to the rights
property exciting the classes against the richer
ones.
g. lie who attacks oIends or ridcules classes of So
ciety corporations recognized by the laws oends
the classes corporations for the defects OF
their members.
Art 80 Ofends against religion or public morality-
l. He who attacks or ridicules the Roman Catholic
Apostolic religion and its worship ofends the sacred
character OF its ministers.
2. He who exces to the abolition or change of the
same religion or to the permitting Of the worship any
8. He whopublishes writings which offend decency and
good manners.
Art. 81 Ofends against the authorities
]: He who publishes caumnous or injurious facts
against persons public charges employmcnt
functions individually collectively. of whatever
origin or nature they may be.
2. lie who supposes bad intentions in official acts
s. He who ridcules the official the persons OF
any Of those comprehended in the first paragraph this
article.
L. lie who publishes, without previous authorization
reserved private or private correspon
dence mad with any person OF those compehended in the
same paragraph
s. lie who publishes royal DEGREES orders circulars or
any other official documents whether it be entirely in
extracts before they have had legal publicity without
the due authorization.
Art 80 Ofends against foreign sovereigns:-
J. lie who calumniates, abuses, rdicules the
rchs supreme chiefs the constituted powers any
nation that is not at war with Spain.
He who calumniates abuses, ridicucs the repre-
sentatves Of the same nations
g. He who cxctes their subjects rebellion or sedon
AIT 33 OhcBds against individuals.
]. lie who abuses or calumniatcs any person
z lie Who without committing abuse, calumny. or
sent Of the party interested facts relative private life
and altogether foreign to public affairs.
j. lie who. without the same consent. publishes
respondence, letters papers conversations which
may have taken place between individuals. although
the subject may have wholly in part relation to public
affairs
The publication of what is mentioned in the two
preceding paragraphs shall be considered act of
Art a. Neither injury or calumny is committed =
l. by publishing ccnsuring in any print the official
conduct or acts any public functonary with reference
to his charge.
2 BY revealing any conspiracy against the sovereign or
the State. or any attempt against public order
But in both cases the parties responsible for the print
shall be obliged to prove the truth facts which they
denounce under the responsibility Of injury calumny
1t will be observed, among other things, that the
publication of " alarming news is equally an
offence that Of :" false news ; and to advocate
lie Icrrissnn Of any Other gornl Of worship is
equally punishable as attacks on the religion of the
The maximum fine for one offence is 60 900 reals,
and six years the maximum term of Imprisonment
for the same. All publication Of novels the foietn.
Of the journaD, articles the political adm-
nistrative affairs of the colonies, to be subject to
n censorship; and works writings, when religious
matters, not to be published without previous
censorship, and the appreciation of the bishop Of
the diocese.
In order to discourage the smaller publications.
the deposit money is raised on those printed on
paper less than twice the size of the regular stamp
paper to 10000 reals in minor towns, 100000 in
first provincial capitals, and 100000 in Madrid
100000 reals in Madrid and $4,000 and 10000 in
other places.
Overland intelligence had Dkivedin London
from Lisbon, dated the 3lst Mdfch, mentioning the
existence Of ministerial crisis. private letter
from the Portuguese capital gives the subjoned ex
PLANTATION =
In consequence Of the adverse vote on Monday
last, March 70, which threw the ministry into a
minority of thirty-eight to fifty on the Reform
act, the Duke Of Saldanha and all his colleagues
rendered their resignation. The Queen declined to
acceptit and authorized the Prime Minister to take
any measures which he might think proper under
the existing circumstances After an Intellectual
attempt to induce the majority to como to COM
o adjourn the two Chambers to the 10Th May, when
they are again to meet, and continue their labors
for two months This interval will afford time for
the elections to fiji the vacant seats, by which the
administration hopes to gain little more strength
But an impression exists that this adjournment is
only the prelude to dissolution.
Portugal remained quiet, and IL not thought
that tranquility would be interrupted by the minis
teral intereguum
Letters from Oporto Of the Both March bring ac-
counts of the loss Of the Porto, Portuguese steamer