A defence of free speech by Sir James Mackintosh
... and evidently the remarkable invention of spin by Elizabeth I."When the First Consul, during the peace of Amiens, demanded that liberty of the press in England should be placed under restraints not recognised by the constitution, he was thus answered by the British government: 'His Majesty neither can nor will, in consequence of any representation or menace from a foreign power, make any concession which may be in the smallest degree dangerous to the liberty of the press, as secured by the constitution of this country. This liberty is justly dear to every British subject: the constitution admits of no previous restraints upon publications of any description: but there exist judicatures wholly independent of the executive, capable of taking cognisance of such publications as the law deems to be criminal; and which are bound to inflict the punishment the delinquents may deserve. These judicatures may investigate and punish not only libels against the government and magistracy of this kingdom, but, as has been repeatedly experienced, of publications defamatory of those in [333] whose hands the administration of foreign governments is placed. Our government neither has, nor wants, any other protection than what the laws of the country afford; and though they are willing and ready to give to every foreign government all the protection against offences of this nature, which the principle of their laws and constitution will admit, they never can consent to new-model their laws, or to change their constitution, to gratify the wishes of any foreign power.'"
Napoleon promptly took this advice and sued a certain M. Peltier for libel, with somewhat mixed success as Mackintosh's defence speech is far more memorable than the original publication he was complaining about:
"[The French] Revolution has spared many monarchies, but it has spared no republic within the sphere of its destructive energy. One republic only now exists in the world—a republic of English blood, which was originally composed of republican societies, under the protection of a monarchy, which had, therefore, no great and perilous change in their internal constitution to effect; and of which, I speak it with pleasure and pride, the inhabitants, even in the convulsions of a most deplorable separation, displayed the humanity as well as valor which, I trust I may say, they inherited from their forefathers."
[...]
"It is a curious fact that in the year of the Armada, Queen Elizabeth caused to be printed the first gazettes that ever appeared in England; and I own, when I consider that this mode of rousing a national spirit was then absolutely unexampled, that she could have no assurance of its efficacy from the precedents of former times, I am disposed to regard her having recourse to it as one of the most sagacious experiments, one of the greatest discoveries of political genius, one of the most striking anticipations of future experience that we find in history. I mention it to you to justify the opinion that I have ventured to state of the close connection of our national spirit with our Press—even our periodical Press."
Delivered before the Court of King’s Bench in February, 1803, at the trial of Jean Peltier, accused of libeling Napoleon Bonaparte. Peltier, in a paper called “L’Ambigu,” had suggested that Bonaparte, then first consul, be assassinated. The jury decided that incitement to murder was illegal in Britain.
However, Napoleon was not out of the woods:
"The genius of his advocate did not [334] save Peltier from a verdict of guilty: but as hostilities with France were soon renewed, he was not called up for judgment. Meanwhile the First Consul had continued to express his irritation at the English newspapers, between which and the newspapers of France a warm controversy was raging; and finding that they could not be repressed by law, he desired that the government should at least restrain those newspapers which were supposed to be under its influence. But here again he was met by explanations concerning the independence of English editors, which he found it difficult to comprehend; and no sooner was war declared, than all the newspapers joined in a chorus of vituperation against Napoleon Bonaparte, without any fears of the attorney-general."
Tony Blair must wish he had the same protection against incitement to assassinate as Napoleon, though.
posted by Brituncula @ 2:22 PM
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