FREE BOOKS

Author's List




PREV.   NEXT  
|<   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55  
56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   >>   >|  
ther the church-wardens of the parish, in the absence of the vestry, had any means of enforcing a rate except the antiquated interdict or ecclesiastical censure. It was not on legal technicalities, however, but on the broad principle of religious equality, that Campbell supported the abolition of church rates, in which he included the Edinburgh annuity-tax. In the same year he spoke for Lord Melbourne, in the action (thought by some to be a political conspiracy[3]) which the Hon. G.C. Norton brought against the Whig premier for criminal conversation with his wife. At this time also he exerted himself for the reform of justice in the ecclesiastical courts, for the uniformity of the law of marriage (which he held should be a purely civil contract) and for giving prisoners charged with felony the benefit of counsel. His defence of _The Times_ newspaper, which had accused Sir John Conroy, equerry to the duchess of Kent, of misappropriation of money (1838), is chiefly remarkable for the Confession--"I despair of any definition of libel which shall exclude no publications which ought to be suppressed, and include none which ought to be permitted." His own definition of blasphemous libel was enforced in the prosecution which, as attorney-general, he raised against the bookseller H. Hetherington, and which he justified on the singular ground that "the vast bulk of the population believe that morality depends entirely on revelation; and if a doubt could be raised among them that the ten commandments were given by God from Mount Sinai, men would think they were at liberty to steal, and women would consider themselves absolved from the restraints of chastity." But his most distinguished effort at the bar was undoubtedly the speech for the House of Commons in the famous case of _Stockdale v. Hansard_, 1837, 7 C. and P. 731. The Commons had ordered to be printed, among other papers, a report of the inspectors of prisons on Newgate, which stated that an obscene book, published by Stockdale, was given to the prisoners to read. Stockdale sued the Commons' publisher, and was met by the plea of parliamentary privilege, to which, however, the judges did not give effect, on the ground that they were entitled to define the privileges of the Commons, and that publication of papers was not essential to the functions of parliament. The matter was settled by an act of 1840. In 1840 Campbell conducted the prosecution against John Frost, one o
PREV.   NEXT  
|<   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55  
56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   >>   >|  



Top keywords:

Commons

 

Stockdale

 
prisoners
 

papers

 

church

 

ground

 

definition

 
raised
 

ecclesiastical

 

Campbell


prosecution

 

absolved

 

restraints

 
liberty
 
commandments
 

population

 

singular

 
justified
 

general

 

bookseller


Hetherington
 

morality

 
depends
 

chastity

 

revelation

 

speech

 

matter

 

settled

 

publisher

 
stated

obscene

 

published

 

parliament

 
parliamentary
 

essential

 
functions
 
publication
 

define

 

privileges

 
entitled

effect

 
privilege
 
judges
 

Newgate

 

famous

 

conducted

 

undoubtedly

 
distinguished
 
effort
 

Hansard