[40:A] Mr. Denman has since been created "Sir Thomas," and, at the period of our writing this, holds the office of attorney-general. On the 21st of May, 1832, Lord Stormont brought forward a motion in the House of Commons relative to a general crusade against the press, for what his lordship pleased to term "infamous, obscene, and scandalous libels." It must ever be gratifying to patriots when public men openly confess their errors; and we are, therefore, most happy to record the following extract from Sir Thomas Denman's speech, delivered on the above occasion, relative to the prosecution upon which we have so freely commented:
"In May, 1822, he (Sir Thomas Denman) first sat as common-sergeant, and was called upon to try a case of most atrocious libel in 'The Republican:' it contained a summing up of all the blasphemies which had ever been promulgated in that paper, and direct incitements to insurrection. The prosecution was instituted by a constitutional association, which thought the attorney-general was negligent of his duty; but he believed that that association obtained but little credit for thus undertaking his functions. There were two aldermen upon the bench, one of whom thought that two years' imprisonment was the least that could be awarded as a punishment, while the other thought that one year would be sufficient. The middle course was pursued, and the man was sentenced to _eighteen_ months' imprisonment. Though this was the _mildest_ punishment which had been awarded on any case of a similar description at that time, yet he (the attorney-general) had been held up to odium as a cruel judge. THE PUBLIC, IT WAS CLEAR, HAD REAPED NO BENEFIT WHATEVER, and he (the attorney-general) had experienced some pain during the whole of the eighteen months that that man was in prison; for he felt a strong disinclination to proceed against any man who was fairly stating his opinions. The young man was twenty-one years of age, and what he was doing was certainly mischievous; _but when his imprisonment expired, he could assure the House that it was to himself a great comfort_. The liberty of the press was established in this country, and that alone was enough to induce people to publish those opinions; and that liberty would make him extremely cautious of prosecuting merely for opinion. During periods of public excitement, the classes from which juries were taken gave no encouragement to prosecutions, and if only one juryman stood out upon a case, the prosecution was obliged to be dropped. He, therefore, except some very atrocious circumstances should occur, did not think it expedient to proceed. In striking special juries, it was impossible to go into the heart of society, and act as spies in families to ascertain the sentiments of jurymen. _It was necessary to submit to a great deal, lest by legal proceedings bad should be made worse._ PROSECUTIONS AGAINST THE PRESS WERE BETTER LEFT ALONE."