the jury give a verdict " upon the whole matter in issue," practically speaking, the law tends to favor the circulation of popular prejudices and calumnies.

The present race of Sunday journalists have chiefly grown up since the day that the acquittal of the editor of the Black Dwarf, for a libel, gave an assurance of impunity to all who embarked in similar pursuits. Every little bookseller now who has been injured by the difficulties of the times, or, perhaps, by his own misconduct, sets up, as it is called, in the 'sedition line:' he sticks up his bill of rights and wrongs, plasters his windows with abuses in capital letters, prints hand-bills about tax-payers and tax-caters, and lures his customers, if not by his sense or argument, at least, by his wantonness and audacity.

As to our modern exposition of the doctrine of libel, (whether it agree with the Roman law, or not, is of little consequence); but that the truth should be a libel, is a subtilty far beyond the comprehension of our jurymen in ordinary. If we tell them that it tends to a breach of the peace, and therefore ought to be punished, they will agree; but the word libel still stands in the way-a libel is a libel, and that is, according to the acceptation of the word in common language, a false malicious writing. This is the idea uppermost in the minds of the jury: nor can we by any explanation by the court at the time, or even by any future act of parliament that may be enacted, reasonably expect to get rid of the effect produced by the common acceptation of plain terms.

The remedy proposed should be of another nature, not more strict in word, but of wider scope or aim. Neither the pecuniary compensation as in a civil suit, or the tendency to commit a breach of the peace by an act of defamation (in writing or print) should form the object of the law. Yet it should still be the offence against society, not against the individual aggrieved, for which a puishment should be provided.

To tell a lie or make a false statement, is a moral offence not of magnitude sufficient for the visitation of the law: to commit it to writing is worse; but to print it and publish it, is an offence against society of the highest description; and this, therefore, in consonance with every acknowledged principle of legislation, should be made an offence cognisable in a court of law. To deceive intentionally or unintentionally, when the power of reading is so widely spread, and while periodical works circulate their tens of thousands, by the month, or even by the day, is to injure the best interests of society. The malus animus is a personal question regarding the offender only as to the quantum of punishment, not the injury done to so

' In the kingdom of Japan liars are punished with death. Ed,

ciety and if we are protected by law in some cases against those who unadvisedly, idly, wantonly or neglectfully are the causes whence mischief doth arise, how much more ought we in this case, where the evil is so ruinous in its nature, and extends itself so far.

The distinction to be made between the publication of truth and falsehood, is one to which the mind of no honest man can possibly refuse his assent; not even the most zealous philanthropist could in conformity with his professions, make the slightest objection to such a proposal. A guarantee for the public mind against falsehood and misrepresentation is all that is required.

It is useless to rest without some such assurance as this; it is vain to suppose that the liberal and enlightened mind of the public will be able to purge itself of these and similar impurities. There will be those, indeed, on every topic, who will doubt and disbelieve on one side or the other; but with the majority of the world it is far otherwise; the bias of general opinion will be in favor of that which is most frequently and most openly laid before them. A falsehood excites curiosity, a falsehood sells well, and therefore becomes the staple of the market; and when perseveringly told some thirty or forty times (however appearances may at first have been against it,) begins to obtain belief: nay we know such to be the nature of repetition, that in the end a lie grows to have an hold even on the mind of its own propagator. We see how common it is for the veteran retailer of wit and anecdote to repeat a self-fabricated tale over and over, till he becomes at last his own proselyte.

For those persons who have so lately begun their career in this publishing world, it would be a mercy to check them now in the bud: they alas! but little know the ulterior consequences, even to themselves, of that confusion which they seek to introduce: they are not aware that their power is but to excite, not to guide, the storm. But how much more charitable an act would it be towards that numerous class of readers who are now the guiltless partakers of their sentiments, if they can be saved from the snare that is laid for them. They are the first to be sacrificed, they are the advanced guards to be set forward in motion, and then trodden down as success shall have elevated over their heads the prime agents in the scheme.

It is impossible for any man possessed of affection for those he mixes with in life, of feelings of real humanity towards those whom he sees moving in various spheres around him in the world, to reflect on these matters without some emotion. These are a few thoughts scattered on the subject, and if they shall prompt some more competent hand to treat the matter in a more efficient way, the end of these pages will have been fully answered.

*D

A

DISSERTATION

ON THE

THEORY AND PRACTICE

OF

BENEVOLENCE:

BEING A PRACTICAL IMPROVEMENT OF THE SECOND EDITION OF THE COMPLAINTS OF THE POOR PEOPLE OF ENGLAND, BY THE SAME AUTHOR.

BY GEORGE DYER, A.B.

NEW EDITION;

WITH CONSIDERABLE ADDITIONS.

"But 'tis not that Compassion should bestow
"An unavailing tear on want or woe:
"Lo! fairer order rises from thy plan,
"Befriending virtue, and adorning man."

TO BENEVOLENCE.-BOWLES'S POEMS.

Concluded from No. XXVI. of this Work.

LONDON:

VOL. XIV.

Pam.

NO. XXVII.

E

A DISSERTATION, &c.

PART II.

CHAP. III.

BENEVOLENCE IS INDEPENDENT IN ITS CHARACTER.

OH Genius! art thou to be envied or pitied? Doomed to form expectations the most sanguine, and to meet with disappointments the most mortifying! to indulge towards others the most generous wishes, to receive thyself too often the most illiberal treatment! to be applauded, admired, and neglected! to be a friend to all-befriended, often, by none! Oh! thou creative, discriminating power, source of inexpressible delights, and nurse of unknown sensibilities that perpetuate distress; fancy shall embody thy form; and often visit the grave of Chatterton, to drop the tear of sympathy over that ingenious, unfriended, unfortunate youth!

I know it has been thought rather grating to the finer feelings, to speak thus of the struggles with which literature and genius have sometimes had to contend; I know that a list of former English poets might be made out, who have been as fortunate and successful in life as their more worldly neighbours; and I know, thanks to the liberality of the present times, that instances might be pointed out of persons, who, if they have not enriched themselves by their poetry, have not been impoverished by it. Still I must so far assert the truth, as to maintain, that a failure in worldly success has not always been the criterion of a low genius, and that some have been destined to swim against the stream, "fallen on evil days," if not " on evil tongues." I have been speaking to facts, and I wish they were but few: I am pleading the cause of