History of the Peninsular War, Volume 5 (of 6)Southey, Robert
History
History of the Peninsular War, Volume 5 (of 6)
Southey, Robert
Peninsular War, 1807-1814
Brigadier Gonzalez affirmed, that whoever opposed the freedom of the
press was a bad Spaniard. This occasioned a warm reply, and one of
those altercations followed, which the Cortes was not then so well
regulated as to prevent or to cut short. A priest terminated it, by
saying, that their first duty was to defend the Catholic, Apostolic,
Roman religion, and whatever was contrary to that religion was bad.
Then, citing the canons to prove that no work ought to be published
without the license of a council, or of a bishop, he inferred that
the liberty of the press was contrary to religion. The conclusion was
perfectly legitimate, but it was met by an answer not less curious than
the argument. “No person,” said Mexia, “will deny that Christianity has
existed from the beginning of the world; for though our Saviour was not
yet come, those moral precepts, which are the basis of his religion,
and which were given by Moses, were written in the heart of man. In
like manner, the liberty of the press has existed from the time of
Adam; for printing is a mode of writing, and the liberty of doing it
is the same, whether it be upon the leaf of a tree, or in wax, or upon
paper; and this liberty all men have possessed. The art of printing,
therefore, where the liberty of the press was restrained, was an injury
to man, inasmuch as it deprived him of this primitive liberty.”
There was, however, a great number of members who were by no means
prepared to change the opinions in which they had been bred up; and
they listened with deep attention to those speakers who maintained
that it was both for the interest of the writer and the public, that
books should be subjected rather to a previous censure, than to an
after responsibility. The result was not less characteristic than
the long and animated discussions which preceded it. After declaring
that all persons were at liberty to publish their sentiments without
any license, the Cortes unanimously admitted an amendment which, by
inserting the word political, curtailed this liberty of half its
extent: and all writings upon religious matters were left subject to
the previous censure of the ecclesiastic authorities, according to the
decree of the Council of Trent. Anonymous publication was allowed, but
the printer was to put his name and place of abode; and if, in case
of an offence against the laws, he did not make known the author, he
was to incur the punishment himself. For the purpose of securing the
freedom of the press, and providing against its abuse, the Cortes was
to appoint a supreme board of censure, composed of nine individuals,
who were to reside near the Government; and a similar board of five
members in every provincial capital; three of the nine, and two of the
five, being secular clergy. The business of the provincial boards was
to examine such works as were denounced; and upon their sentence the
judges were to suppress the book, and call in the copies which might
Public-domain text, read in full here on John Shaqi.
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