페이지 이미지
PDF
ePub

has borne the triumphal car of Waterloo's | to be rendered illegal. At some of them distinguished chief to conquest and to immortality.

The Duke of Athol said, he had most conscientiously voted for these measures, being thoroughly satisfied that they were imperiously required by the state of the country. He was satisfied they would prove highly satisfactory to the great majority of the country.

The Earl of Harrowby observed, that no one could have anticipated the occurrences which took place during the recess, and that ministers, by waiting until now, only showed a disposition to trust to the existing laws, as long as they could do so with safety. Besides, the refusal of the noble lords on the other side to assent to them even now, was a proof of the difficulties that must have attended their proposal at any former period. With the exception of London, Westminster and Southwark, no petition or remonstrance had been presented against them. The silence of the people could not be disputed; and if ever there was an occasion to which the hackneyed quotation dum tacent clamant might be applied, it was the occasion of which he was speaking. From this disposition he augured favourably of the future tranquillity of the country, and thought that government, by looking the danger in the face, had pursued the only practicable measure of conciliation, that of providing for the safety of the well-disposed subjects of the Crown.

The Lord Chancellor said, he had voted for the present measures, because he conceived that their necessary tendency was, to secure the peace of the country, and to promote the happiness of the people. This was the end and aim of all just government; but he must deny to those who were endeavouring to disturb society the character of being the people. Upon that understanding he would say, that the bills in question were calculated to add to the happiness, and to defend all the constitutional rights and interests of the subject. The meeting of parliament ought, indeed, in the present state of the country, to be regarded as a blessing, independently of these measures. How often had it been asserted and resolved in public places, that a certain meeting had been a legal meeting? Yet, was there one man in either House of Parliament who had dared to avow such an opinion? Other meetings, however, had been held in such numbers as to produce terror, and thereby alone

banners were carried bearing the inscription of "Liberty or death," and the old song "Give us death or liberty," was sung in full chorus. So he said too; he joined in the sentiment; he hoped an Englishman always would be found to prefer death to the loss of liberty. But what sort of liberty was intended, or what could be fairly represented by bloody flags, and black flags, by inscriptions of "Vengeance," and "Let him who has not a sword sell his garment and buy one?" He must confess, that before parliament had assembled, his alarm was great; but the majorities which had supported these measures, and the quiet produced already, showing the confidence which was reposed in parliament, had put an end to his alarm. He would now shortly advert to these proceedings, one of which was, to prevent men from assembling together, as they had done, in numbers from 30,000 to 50,000. This the noble earl called coercion. He could not understand how such a term could apply to such a law. Was it possible that these multitudes could carry on any thing like debate, that they could calmly discuss their grievances, or make any rational progress towards their removal? The bill authorized men still to meet-to meet with those whom they knew, in a manner calculated to answer the purposes of debate, and to enable them to come to a right conclusion. Then again with regard to drilling and training, were not these practices which ought to be put down? Though the subject had certainly a right to keep arms for his own defence, he had no right to keep arms for any other purpose. By the express language of the Bill of Rights, which confirmed the general principle as to the subject's right, the right also of the legislature to interfere was asserted. With respect to the traverse bill, it had undoubtedly in its progress received improvements, which reflected great credit on a noble lord (Holland). It had been observed in another place, that the noble lord was a Whig of the first distinction, but that he (lord Eldon) was no Whig at all. In the modern acceptation of the term, he was certainly not a Whig; but he nevertheless hoped he had always followed in the path marked out to him by the example of lord Somers, and those truly great men who brought about the Revolution. Not one inch would they ever go beyond the strict necessity of the

that a law so unnecessary and so Inconsistent with the principles of public freedom, would produce a quite contrary effect. From the beginning of his life, he had uniformly exerted himself for the liberty of the press, having always considered the people as degraded whilst the government was contemptible and insecure, in proportion as it had been fettered; but the bill before them went beyond any attack upon it, which he ever expected to witness. What, for instance, could be said for the clause requiring recognizances, which seemed to consider every printer as a suspected and dangerous person? Could any thing but discontent and disaffection be expected to follow from such an unprecedented violation of the constitution? And after all the impolicy and injustice of this unaccountable innovation, it would be of no manner of use, as the restraints, in many ways quite obvious, might and would be invaded, as the periods of the proscribed publications, and the number of sheets in them might be altered. Lord E. concluded by saying, that he was the more earnest that such a law should be rejected by the House of Lords, as it had been hitherto respected even by those who unfortunately distrusted and libelled the other House of Parliament. To have the confidence and affection of an enlightened people was the only possible way of securing their obedience.

case, and by the same rule would he always govern his public conduct. Referring now to the bill for regulating the press, he was ready to admit that the liberties of Englishmen had not only been sustained and supported, but in some degree obtained by the freedom with which it exercised its powers. For the same reason, it was important to take care that it should not be destroyed by the same means. Blame had been cast on a learned person who had filled an office which he himself once had the honour to hold, for not having prosecuted libels more effectually. For his own part, he did not know how that learned person could have acted with more effect. The late publications were quite a novelty in this country. When he was in office, he never heard of waggons filled with seditious papers, in order to be distributed through every village, to be scattered over the highways, to be introduced into cottages. Such things were formerly unknown; but there was now scarcely a village in the kingdom that had not its little shop in which nothing was sold but blasphemy and sedition. He understood that some persons wished a distinction to have been drawn between blasphemy and sedition; but the fact was, that one was now resorted to for the sake of the other. The publications he was adverting to were made up of seditious blasphemy, and blasphemous sedition. By no other means could a people who for fifty years had shown themselves to be the most moral and religious in the world, be seduced into a conspiracy for overthrowing the constitution of their country. It was necessary that their religion and their morals should first be undermined. He wished that they could be separated, but he feared it was impossible.

The bill was then read a second time.

HOUSE OF LORDS. Wednesday, December 29. NEWSPAPER STAMP DUTIES BILL.] On the order of the day for the third reading of this bill,

Lord Erskine said, he could not suffer the bill to pass without declaring his opinion in a very few words, and putting it on the Journals by his protest. He felt as much as those who were the authors of the measure, the necessity of supporting the authority and of maintaining the dignity of parliament, but he was confident

The Earl of Liverpool said, that the bill would only affect publications sold for sixpence or less. Those, therefore, that were of a higher price, were wholly exempt from its operation. As to the objection taken by the learned lord, that sureties had only hitherto been called upon to give security against a specific act, he would beg leave to observe, that with regard to a numerous and important class of persons, he meant the publicans, the principle of calling for security for their good behaviour had been long recognized and acted upon. Nor could he discover any objection to the measure of securities required under the present bill, considering the circumstances which had rendered it necessary. It was not directed against the respectable body of booksellers and printers, but against those persons who had intruded themselves into that class, and who, having neither property, respectability, nor responsibility, it became essentially necessary to prevent the mischievous consequences, that were daily increasing, of the publications sent

[blocks in formation]

Lord Ellenborough agreed as to the necessity that existed for passing the present bill; a necessity arising from those mischievous publications which had been sent forth at a cheap rate to delude and deceive the lowest classes of the people. It was not against the respectable press that this bill was directed, but against a pauper press, which, administering to the prejudices and the passions of a mob, was converted to the basest purposes, which was an utter stranger to truth, and only sent forth a continual stream of falsehood and malignity, its virulence and its mischief heightening as it proceeded. If he was asked whether he would deprive the lowest classes of society of all political information? he would say, that he saw no possible good to be derived to the country from having statesmen at the loom and politicians at the spinning jenny. He differed from his learned friend in his view of this bill, considering it as imperatively called for by that mischievous abuse of the public press, those cheap publications, which were comparatively of modern date, and which had for a time derived impunity and increased in virulence and malignity, in consequence of the acquittal of Hone. The mischief arising from them in the deception and delusion practised upon the lowest classes, by means of the grossest and most malignant falsehoods, was such, that it threatened the most material injury to the best interests of the country, unless some means were devised of stemming its torrent. Conceiving that the regulations contained in this measure would have the effect of extinguishing this gross and flagrant abuse of the press, that he felt it his duty to support the bill. The bill was passed.

PROTEST AGAINST THE NEWSPAPER STAMP DUTIES BILL.] The following protest against the passing of the bill was entered on the Journals:

"Dissentient,

"1. Because, by the stamps imposed by this bill, and by its further directing recognizances to be entered into by the printers and publishers of the pamphlets and papers therein mentioned, and in sums so large and disproportionate to the probable credit of such persons, or the profits of such small publications, it is

manifest (and has, indeed, been not very indistinctly admitted), that a discouragement, amounting to almost a prohibition, is thus suddenly aimed at a very large and often useful branch of trade.

"2. Because this tacit interdict has not been justified, nor even attempted to be supported, in such a manner as the House of Lords, invested with the only certain means of arriving at truth, was, in my opinion, imperiously bound to have resorted to, before it consented to a law abridging, in any manner whatsoever, the freedom of the press.

"3. Because the great mass of British subjects have no surer means of being informed of what passes in parliament, and in the courts of justice, or of the general transactions of the world, than through cheap publications, within their means of purchase; and I desire to express my dissent from that principle and opinion, that the safety of the state, and the happiness of the multitude in the laborious condi tions of life, may be best secured by their being kept in ignorance of political controversies and opinions; as I hold, on the contrary, that the government of this country can only continue to be secure whilst it conducts itself with fidelity and justice, and as all its acts shall, as heretofore, be thoroughly known and understood by all classes of the people.

"4. Because this obstruction to the sale and circulation of small periodical publications is not confined to those of a political character, but most unaccountably extends to all such as shall contain any public news, intelligence or occurrence, or any remark or observation thereon; a description which most obviously comprehends and involves all the transactions of human life upon which reasonable beings (putting national freedom wholly out of the question) can seek or desire to communicate with one another.

"5. Because it might be admitted, in perfect consistency with these objections to this bill, that considerable numbers of the publications in question may have been mischievous; but no evidence, which I can accept as satisfactory, has been laid before the House of the extent of such abuses, nor that the laws had been duly put in force to suppress them, had been found to be ineffectual or insufficient, but on the contrary, that not one information or indictment had been filed by the attorney-general throughout the whole of the year 1818, against any printer or pub

lisher of a libel of any description whatsoever, and that in the present year following it, no person, except Richard Carlile, has been brought to trial and convicted.

"6. Because, most earnestly as I desire to see the government of this country in all its branches, looked up to with reverence and affection, and all libellers, who maliciously asperse it, brought to speedy constitutional punishments, I am compelled, by long experience in the courts of justice, to question the expediency of any other remedies for such abuses, but a vigorous execution of the ordinary laws; since before the passing of the Libel act, when the province of juries over libels had been annihilated by judicial usurpation, the licentiousness of the press increased beyond the example of former times, until libellers lost their popularity and safety when the people were restored to the privilege of judging them, and of protecting those who were innocent.

8 William 3rd, c. 15, and 6 Anne, c. 7, which enact, that if the parliament be, at the time of the king's death, separated by adjournment or prorogation, it shall, notwithstanding, assemble immediately, both Houses met, pro formâ, and adjourned. On the following day, they again met. The oaths were administered to the Lords by Mr. Cowper, the chief clerk. The Lord High Steward attended in the long gallery, and administered the oaths of allegiance to such members of the House of Commons as were in attendance. After this, the Speaker took the chair of the House, and immediately proceeded to take the customary oaths; after which, those members who had previously taken the oaths of allegiance before the high steward, came to the table, and were re-sworn. The swearing-in of members continueduntil the 2nd of February, when both Houses adjourned to the 17th.

HOUSE OF LORDS.

Thursday, February 17.

MESSAGE FROM THE KING.] The Earl of Liverpool presented a Message from his Majesty [See the proceedings of the Commons]. He said, that it being most desirable that the House should be unanimous in agreeing to an address to his majesty of condolence for the loss of the king, his father, and of congratulation on his present majesty's accession, which it was his intention to move immediately, he was anxious to avoid any question that might tend to produce a difference of opinion, and he should therefore move that that part of the message which related to the calling of a new parliament, and the measures to be adopted in consequence, be taken into consideration to-morrrow.

"7. Lastly, Because I am of opinion that the remedies enacted by this bill to repress the publications in question, will be found to be as inefficacious as they are inconsistent with the principles of the constitution; since, when the smaller printers and publishers are on a sudden thrown out of bread, by the impossibility of finding sureties for such large sums, to be levied by the alarming process of extent, and not upon any facts which such sureties can anticipate, but upon uncertain opinions regarding undefined offences, their principals may have recourse to methods of delivering themselves from the operation of the law. They may enter into larger partnerships or combinations for continuing their periodical works, by small advancements of price and changes in the periods of publication, which will probably be more eagerly sought for after the disappointed interdict, and parliament, if it pursues its object, may be driven to carry on a most unpopular siege against the press, increasing at every step the difficulties to be en-lessly trespassing upon their lordships countered, and conferring popularity upon a few mischievous writers, who would otherwise sink into obscurity or contempt. (Signed) ERSKINE." Both Houses adjourned to Tuesday the 15th of February.

DEMISE OF
HIS MAJESTY KING
GEORGE III.] On Sunday, January 30,
1820, in pursuance of the statutes 7 and

This being ordered, the noble earl proceeded to move an address to his majesty. He said, he was so convinced that the feelings of all who heard him were upon this subject completely in unison with his own, that he thought it would be need

patience to dilate upon topics which must suggest themselves to every person in the House, and the effect of which, by dwelling upon them, could only be weakened. He was most anxious, that upon such a subject the House should be unanimous, and the address had with that view been drawn up so as to afford no ground whatever for any difference of opinion, although in so doing he had not in any manner sa

crificed his feelings, either public or private. He was satisfied, however, that he only echoed the sentiments of their lordships when he spoke of their late sovereign as one whose reign, for the lengthened period of 60 years, had afforded a continued bright example of all the virtues that ought to adorn a throne, and whose conduct and character during that long reign, would for ever impress upon the people of this country a grateful remembrance of his amiable qualities, whilst the glories of his reign would form a splendid portion of our history. He was satisfied that they would be equally ready to proceed to the foot of the throne to declare their attachment to his present majesty, during the sovereignty of whose illustrious house the country had derived so many advantages. Under these impressions, and satisfied as he was, that any thing he could say would only tend to weaken the effect of what all their lordships must feel, he should at once conclude by moving the address. His lordship then moved an address similar to that moved in the House of Commons.

The Marquis of Lansdowne was convinced, that there must be a most anxious desire in their lordships to proceed in the manner which the noble earl had pointed out. The deep sense which the House entertained of the great virtues of his late majesty left no doubt of their concurrence in the expressions of condolence contained in the address. It was his hope that that good understanding which it was most desirable should subsist between the Crown and the parliament would always continue; and therefore their lordships might be expected to join in the confidence expressed by the noble earl. For his part, he readily concurred in the address, because it went no farther than the occasion required, and pledged the House to nothing but that to which all must be prepared to agree.

If,

The Marquis of Buckingham was sensible, that if all the noble lords who were anxious to manifest their concurrence in the address should rise to express that disposition, it could only be voted when all had delivered their sentiments. however, he made any claim to their indulgence while he expressed sentiments in which all their lordships participated, he must confess that that claim was one of a selfish nature; for those with whom he was connected had been honoured with great marks of royal favour by their late

lamented sovereign. He hoped, therefore, that he should be excused, if he took that opportunity of giving vent to the feelings of gratitude with which he was impressed. It had often been said, that the favours conferred by sovereigns were soon overlooked. This, however, had not been the case in the present instance. Our late gracious sovereign, notwithstanding the estrangement from his people, caused by the inscrutable act of Providence, continued to live in the hearts of his subjects, remembering, as they did, all those virtues by the exercise of which he had so adorned his throne. It was in this manner that our late gracious monarch had forestalled the applauses of posterity; for in the long interval that had elapsed whilst the veil was interposed between him and his people, his virtues had become the theme of their veneration, and had received the final seal of their admiration and respect.

The Earl of Darnley said, it was the farthest from his wish to interrupt that unanimity which he had no doubt would prevail upon this occasion; but there appeared to him to be an omission, which, if he was irregular in noticing, he should, no doubt, be told so. He alluded to the circumstance of there being no condolence included in the address, with regard to the death of the duke of Kent.

The Earl of Liverpool said, it was undoubtedly his intention to move an address of condolence to his majesty on the lamented death of the duke of Kent, and also to the duchess of Kent; but he thought it better that the address he had already moved should stand as the single proceeding of this night.

The address was then agreed to nem. diss., and was ordered to be presented to his majesty by the Lords with white staves. The earl of Liverpool observed, that his majesty's state of health not allowing him to receive the whole House, was the reason for adopting the above mode of presenting the address.

[merged small][merged small][merged small][ocr errors]
« 이전계속 »