VOL. XVII. No. 7.] LONDON, SATURDAY, FEBRUARY 17, 1810. [Price 1s.

"I will venture to prophesy, that, if the reigning notions concerning LIBELS be pushed a little "further, no man will dare to open his mouth, much less to use his pen, against the worst adminis "tration that can take place, however much it behoves the people to be apprized of the condition they are likely to be in. In short, I do not see what can be the issue, but an universal acquiescence to any men or any measures, that is, a downright passive obedience."why every patriot should wish this sort of writings to be encouraged; which is, that animadversions -There is one great reason upon the conduct of ministers, submitted to the eye of the public in print, must, in the nature of the thing, be a great check upon their bad actions, and, at the same time, an incentive to their doing "what is praise-worthy. Nevertheless, if it be once clear law, that a paper may be a libel whether "TRUE or FALSE, written against a good or a bad man, when alive or dead, who is there that may not " continue a MINISTER, whether he has a grain of honesty or understanding, if he should happen to be "a favourite at court? The worse his actions are, the more truly sharp the writer states them; and "the more the public, from his just reasonings, detest and cry out against them, the more "scandalous" 4 and seditious," of course, will be the libel. There is BUT ONE STEP FURTHER BEFORE "YOU ARRIVE AT COMPLETE DESPOTISM, and that is, to extend the same doctrive to words "spoken, and this, I am persuaded, would, in truth, very soon follow. And then what a blessed con"dition should we all be in! when neither the liberty of free writing or free speech, about every body's 41 concern, about the management of public money, public law and public affairs, was permitted; and every body was afraid to utter what every body, however, could not help thinking !”to the GREAT LORD Camden, published in 1765. -Letter attributed

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SUMMARY OF POLITICS. SHUTTING UP THE GALLERY.-Part of what I intended to say, under this head, last week, was omitted for want of time. I now, therefore, resume. As to the question before the House, I should have voted against the motion of Mr. Sheridan, had I been a member; and for these reasons; that, if, upon all occasions, shut, or not shut, were to be put to the vote, the consequence would be, as the House is now constituted, that the men in power would shut out the people when they pleased, and would not shut them out in any case where those who opposed them might wish it. Nothing, therefore, would have been effected of any advantage to the cause of truth: a majority would have answered the ministers' purpose full as well as the mere motion of such a man as Mr. Charles Yorke, and, we know, that the staunch friends of our " practical constitu"tion," contend, that it is absolutely necessary that every minister, that is to say, every one, who is, for the time being, the head servant of the king, should have a decided majority in the House; or, in other words, the power of doing just what he and his colleagues please, in the way of making laws and granting away our money. This being the "practice of the "constitution," and a practice, too, which both parties appear to approve of, there would certainly have been nothing gained by taking the power of exclusion out of the hands of individual members, and

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giving it to a majority.As to leaving quite out of the question; for, such would the Gallery open as matter of right, that is be the noise and tumult upon all occasions of great public interest, that the members would be unable to hear one another, and, of course, nobody in the Gallery could hear them. There must be, at once, an end to all debate-reporting, at least. A few persons might catch here and there a part of a debate with their ears; but no debate could ever go forth to the public.

-For these reasons I should have had no hesitation to vote against the motion of Mr. Sheridan, though I admire many parts of his speech, and wish, with all my heart, I could say the same with respect to any part of what I believe to have been his motives. -Mr. Windham reproached him with keeping away upon the great questions, relative to the war: that is to say, the great party questions. Every one has his taste. 1, for my part, should, if it were not indecorous, reproach Mr. Sheridan, and most bitterly reproach him, too, for keeping away upon questions, wherein the people are interested. Upon questions relating to sinecures, to grievous iaration, to the selling and buying of offices and seats, to parliamentary reform, of which he was once the most distinguished advocate. These are the questions, in the discussion of which, I should like to see his brilliant talents exerted. I believe him to be a friend, and a very sincere friend, to the liberty of the press, and his speech, as a defence of the press, was not

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Mess excellent in itself than it was well- thers would have startled with indignation timed; but, Mr. Sheridan is much too and horror; remind them of the long sussensible a man to need to be told, that pensions of the habeas corpus act or any of neither the liberty of the press nor any the other encroachments upon our liberother right of the people can be safe, un- ties; remind them of any of these things, less the people be fairly represented in par- and their answer invariably is, that the liament.But, though I do not agree in times have changed, that, of course, the laws the propriety of Mr. Sheridan's motion, I and usages must change with them, and, how am very far indeed from agreeing in the often have they had the effrontery to tell main argument that was used against it; us, that one of the great benefits of the namely, that it would be an innovation, English constitution is, that it contains "within itself the means of suiting itself to which argument comes, too, with so bad a This was grace from any of those, who have had a "the exigency of circumstances." haud in ruling this unfortunate nation for what they told us, when they were passthe last twenty years, and whose constant ing the acts to suspend the law of habeas and only argument for their hundreds of de- corpus, and to inflict new and unheard of partures from the constitution has been, that, punishments for writing and publishing what were to be deemed libels. But, the the times having changed, we must make a corresponding change in our laws and usages. moment you propose any thing in favour Remind them, as my lord Folkestone most of the liberty of the subject; in favour of pertinently did, during this debate, of the that "birthright" of Englishmen, for the changes which they have made; remind better securing of which the king's family them of the taxing laws, by which a man's were expressly raised to the throne of our property is taken away by persons ap- country; the moment you propose any pointed by the crown, and without any change favourable to that liberty, that very appeal to a jury; remind them, that, moment do they set up against you a cry It is, with them, no while in cases where it is not necessary to against innocation. a man's interest, he is compelled to em- innovation to impose the Income-tax and ploy persons in the profession of the law, Assessed taxes; to send people round pahe is in these taxing cases absolutely for- pers and make them their own taxers under bidden to employ any such person, how-heavy penalties, in case of disobedience; ever illiterate or feeble-minded he him- to. deny them a jury to appeal to in cases self may be, nay, the prohibition is the where so large a portion of their property same, if the taxed party be a woman; is at stake, and in the same cases, to refuse, remind them of the Barracks all over the even to women, the assistance of any percountry; remind them of the regular mi- son learned in the law for the defence of litary establishment of Germans, horse, her property; to do this is, with them, no foot, artillery, engineers, and staff, station- innovation. It is no innovation to erect ed in the heart of England; remind them barracks; to introduce German regiments; that, while the Act of Settlement, by which, to make English officers serce under the and by which alone, his Majesty's family command of German Officers even upon Eng. was exalted to the throne of this king-lish ground: these are, with our accusers, dom, remind them, that, while this great constitutional law declares that no foreigner shall hold any post of profit or trust, civil or military, the fact is, that there are now about seven hundred persons, holding military offices of trust, in the German establishment alone, not including the other foreign corps; remind them, that, of these persons, many are put to command English officers, and that, in no less than three of the districts of this kingdom, some of these German Officers have great commands, upon the staff, one of them having no less than five English Generals under him in command; remind them of any of these things, or numerous others, at the very thought of which our forefa

with the enemies of our liberties, no innovations; they fear nothing at all from these changes; but, dreadful are the dangers they apprehend, not from giving the people a right to enter the gallery of the House of Commons, but merely from making it, occasionally, a matter of deliberation, whether, in a particular instance, the gallery shall be shut or not; from this "innovation," what dreadful mischiefs are we not to apprehend! No danger in su3pending the habeas corpus Act for several years together; no danger at all in that, nor in German Establishment, nor in the buying and selling of Seats. Mr. Windham, in particular, seemed to discover not the least possible danger from the trafic

and might be compared to the assaulting of females. LORD CASTLEREAGH, agreeing with the other two as to the existence of the evil, pretty broadly hinted at a remedy. He said, that any man might, with only a tolerable share of low-cunning, render conviction extremely difficult.---Ah! little did these two then think, that we should so soon, by the means of this same press, have to record, their going out upon a heath and shooting at each others heads. and that, too, about a quarrel for place! Since that time we have seen them both, against one another, appealing to the press; and, I now appeal to the public, whether

press has not amply avenged itself upon Mr. Canning for his charge of baseness against the press. Before the close of that investigation, at the opening of which Lord Castlereagh had assailed the press, and had lamented the difficulty of convicting men for writing and publishing libels; before the close of that investigation, my lord Castlereagh himself was convicted, not of writing or publishing a libel, but of offering a place of profit, within his gift, to be swapped, to be rapped, as the horse-jockeys call it, for a seat in that House of Commons, where he had, but a few weeks before, made his charges against the press, and had lamented that low-cunning could save a libeller from conviction.

in Seats. He openly declared so. And yet he is surprizingly alarmed lest the people should claim a right to be admitted into the gallery of the House, to buy or sell the Seats in which House appears to him so innoxious.- -With respect to the shutting up of the gallery upon the present occasion, it is not necessary to say any thing, the object of it being too plain to be misunderstood by any man in the kingdom, ideots that can read not excepted; and, if there could have been any doubt upon the point, previous to the debate upon Mr. Sheridan's motion, it must certainly then have been removed by the original author of the exclusion, who, hav-in giving to the world his publications, the ing been tauntingly asked why he did not clear the gallery during the Duke of York's investigation, answered, with saccustomed naiveté, that, if he could have foreseen the nature of the evidence, he would have cleared the gallery upon that occasion also. But, though I do not think it necessary to say a word as to the motive for shutting the gallery, or as to the effect it ought to have, and, in all likelihood, will have, upon the country, I cannot refrain from again complaining, that this measure has been accompanied with a violent assault upon the press, as far as that press is employed in the opposing of folly and corruption in public men. -This attack upon the press has, I beg the reader to observe, been systematic. It is now rather more than a year since it appears seriously to have been set about, and it ought never to be forgotten, that the first open invitation to the persecution of the press was given in a pamphlet addressed to Frederick Duke of York and Albany," and published by EGERTON, bookseller to the Horse Guards. -In this pamphlet, we had a foretaste of the doctrine that was afterwards to be held in the House of Commons by Mr. Yorke, Mr. Canning and Lord Castlereagh, and which was held by them during the debate upon MR. WARDLE's first prefeiring of his charges against the Duke of York.paign, which has been more fatal to the The first of the three took occasion, that evening, to assert, that there was a conspiracy existing in the country against the House of Brunswick; that made its approaches towards the king through his son, and that it was carried on by the means of the press. Mr. CANNING, upon the same occasion, asserted that the press was carrying on a systematic assault upon the kingly government; and, that its language was foul and degrading; and that its attacks upon high characters were base,

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These were the men with whom, in parliament, the assault upon the press began. Now, supposing the effect of the attacks upon them, by the press, had had its wished-for effect; namely, that of driving them from their places, would the nation have had to lament such use, made of the press? Would the nation have had to lament, with Lord Castlereagh, that it was difficult to convict of libels for such writings? Oh! how happy would it have been for England, if the press had succeeded in driving them from their places before they entered upon their last cam

country than any three of the most fatal campaigns of any of their predecessors? If the press had succeeded in driving them from place in the month of May last (and had it been free, as it ought, it would have therein succeeded) what enormous expence, what rivers of blood, what anguish, what torment, what disgrace would it not have prevented to this nation and its armies! The press endeavoured to effect this great object; it went as far as it dared; and, had it dared to publish the

truth, that object would have been accom- "the press. But ministers, who, by their plished, long before the fitting out of the "misdeeds, provoke the people to cry out Walcheren Expedition. The province" and complain, are very apt to make that com of a "free-press," is not to send forth "plaint the foundation of new oppression, by. primmers, spelling-books, systems of book-"prosecuting the same as a libel on the state." keeping, of geometry, and the like. This -Such is the definition of the liberty is not the province of a free-press; for of the press, given by the great LORD any press, under the most grievous ty- CAMDEN; and, indeed, if the liberty of ranny, may employ itself in that way. the press does not extend thus far, I should What is meant by "LIBERTY OF THE be glad to know of what use it can possi"PRESS," is, the liberty of publishing one's bly be for any of the ends which it is, or opinions freely as to the character and the ever has been, supposed to answer. It is conduct of MEN IN POWER; men who a thing very much boasted of; it is called have the management of the public's affairs. the guardian of our rights and liberties; If it means any thing; if it has common but, how is it to operate as a guardian of sense in it; if it be not a mere deceptive our rights and liberties, unless it be meant, sound, it means this. The great and vir- that it is to attack those, who are hostile tuous author of my motto, who was an to those rights and liberties? And, of honour to human nature as well as to his what consequence can that hostility be, country, proceeds thus: with respect to unless the hostile persons have power Libels on a particular person, in his pri- There are many ways, in which a free "vate capacity, there may be some little press may act for the public good; but, foundation for a doctrine of this sort" certainly, the way, in which it can be (the doctrine, still maintained, of truth more efficacious than any other, is to ex being a libel)" because, as the welfare pose the weakness or the wickedness of "of the state has nothing to do with his men in power; to shew their unfitness private transactions, you ought not to for the offices they fill; to pull the mask "make reflections that may injure him in off from them, when they are hypocrites; "his calling or his reputation; you must to show how they have injured their "always do this out of personal spite, and, country; and, by exciting the public in"therefore, ought to be punished for such dignation against them, to drive them your malevolence. But, the case from those offices, by the filling of which is totally different with respect to an they are enabled to do mischief to the "administration; for the country in ge-king and to his people.There can, I "neral is always the better or the worse for its conduct, and therefore every man "has a right to know, to consider, and to "reflect upon it. Their posts in the state, or their public characters, are not like " any individual's particular trade, pro❝fession or fortune, or his private charac-surd to talk of its liberty; if it be per ter. The writing of them out of their mitted to say nothing against those who "places in the government is not a loss, are in power; if it be permitted to speak "for which they have any right to be re- of them only in terms of praise, is it not "paired in damages. Their holding ought despicable mockery to talk of its liberty! "only to be during good behaviour, and In praise of a minister you may say at "of this the people at large ought to be much as you please: no fear of surfeiting "made judges. When men find them-him or any of his underlings. Upon this "selves aggrieved by the violence or the "misconduct of persons appointed to the "ministry, it is natural for them to com"plain, to communicate their thoughts to "others, to put their neighbours on their "guard, and to remonstrate in print "against the public proceedings. The "liberty of exposing and of opposing a "bad administration by the pen is amongst "the necessary privileges of a free people, and is, perhaps, the greatest benefit, char can be derived from the liberty of

think, be no doubt, in the mind of any man of common sense, and of impartial judgment, that such is the proper office, and not only the proper office, but the only greatly useful office, of a free press Indeed, if such be not its office, it is ab

theme you may enlarge: there are no bounds prescribed here: nay, if you must censure, and even if your propensity be to slander people, there is ample scope for you amongst the opponents of those in power, whom you may belabour as long as you please; till you be tired of the work, and till the public be tired of you. But, the moment you begin to animadvert upon the principles, the conduct, or the measures of men in power, that moment you are assailed with accusations of in