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The History of England in Three Volumes, Vol.III. / From the Accession of George III. to the Twenty-Third Year of the Reign of Queen Victoria cover

The History of England in Three Volumes, Vol.III. / From the Accession of George III. to the Twenty-Third Year of the Reign of Queen Victoria

Chapter 951: BILL FOR AMENDING THE LAW OF LIBEL.
By Edward Farr
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The volume traces British political, parliamentary, and military developments from the accession of George III through the early nineteenth century, chronicling changes of ministry and cabinet, debates over colonial taxation and the American conflict, parliamentary controversies involving figures such as Wilkes and Warren Hastings, questions of Catholic relief and slave-trade abolition, and responses to the French Revolution and Napoleonic wars, including major naval and continental campaigns, the union with Ireland, and domestic legislation on finance, civil liberties, and parliamentary reform.

BILL FOR AMENDING THE LAW OF LIBEL.

In a previous article certain state prosecutions for libel have been noticed. These prosecutions, and the conduct of the attorney-general in promoting them, were brought before the house of commons by Sir Charles Wetherell, on a motion for copies of the proceedings on the three ex officio informations against the proprietor of a London newspaper. As the motion was merely for the production of papers, and the attorney-general was willing that the papers should be produced, there was no debate, but the general impression of the house seemed to be that the prosecutions were harsh and vindictive, and that Sir James Scarlett, notwithstanding his Whig education and opposition life, was inclined to be a very dictatorial attorney-general. Sir James attempted to recover the favour of the house by a bill to mitigate in some respects the laws of libel as they existed in what were called the Six Acts. By one of these acts it was provided that a second conviction for a seditious or blasphemous libel might be punished with transportation; and another set forth that every person who should publish a newspaper, or certain other publications, should first enter into a recognizance of three hundred pounds, with two sufficient securities, in the metropolis, or of two hundred pounds, if in the country. The object of this clause was to guard against the circulation of blasphemous and seditious libels, and to ensure a forthcoming fund, out of which their authors should pay the awarded penalty. By the bill now introduced the punishment for the second offence was to be repealed, and the securities demanded raised from three to four hundred pounds in London, and from two to three hundred pounds in the country. To the first of these propositions there was no objection; but a strenuous opposition was made to the second, to adopt which, it was said, would be imposing new shackles on the press. When the bill was in committee the clause was rejected on a motion by Lord Morpeth; but on the third reading, the attorney-general having collected a more numerous attendance of ministerial members, moved and carried its restoration.