DOI Page / Citation link:
https://doi.org/10.11588/diglit.9551#0313
TO THE KING IN COUNCIL.
301
2 i st. The office of the Lord Bishop of Calcutta not
calling him to preach Christianity in that part of the
town inhabited by the natives, or to circulate Pamphlets
among them against the established Religion of the
Country, but being of a nature totally distinct, and not
at all interfering with the religious opinion of the native
population, they could never dream of vilifying and
defaming his character or office.
22nd. The Judges of the Supreme Court in Calcutta
and of the English Courts of Judicature at the other
Presidencies, enjoy, in virtue of their office, the power of
protecting their characters and official conduct from
defamation and abuse : since such would be either a
contempt of the Court, liable to summary punishment,
or punishable by those Laws enacted against libel. It is
therefore hard to be conceived, that they stand in need
of still further protection, unless it should be wished
thereby to create an idea of their infallibility, which
however is incompatible with the freedom allowed to
Barristers, of delivering their sentiments before hand on
the justice or injustice of the opinions the Judges may
pronounce, and in case of appeal, of controverting the
justice and equity of their decision. The only object
of such a restriction is calculated to attain, must therefore
be defeated, unless it be meant thereby to prevent the
publication of the pleadings which as they take place in
an English Court of Judicature are by Law public, and
ought to be accessible to all.
23rd. The seventh restriction prohibiting defamatory
publications tending to disturb the peace, harmony,
and good order of Society, is equally unnecessary,
since the British Legislature has already provided a
301
2 i st. The office of the Lord Bishop of Calcutta not
calling him to preach Christianity in that part of the
town inhabited by the natives, or to circulate Pamphlets
among them against the established Religion of the
Country, but being of a nature totally distinct, and not
at all interfering with the religious opinion of the native
population, they could never dream of vilifying and
defaming his character or office.
22nd. The Judges of the Supreme Court in Calcutta
and of the English Courts of Judicature at the other
Presidencies, enjoy, in virtue of their office, the power of
protecting their characters and official conduct from
defamation and abuse : since such would be either a
contempt of the Court, liable to summary punishment,
or punishable by those Laws enacted against libel. It is
therefore hard to be conceived, that they stand in need
of still further protection, unless it should be wished
thereby to create an idea of their infallibility, which
however is incompatible with the freedom allowed to
Barristers, of delivering their sentiments before hand on
the justice or injustice of the opinions the Judges may
pronounce, and in case of appeal, of controverting the
justice and equity of their decision. The only object
of such a restriction is calculated to attain, must therefore
be defeated, unless it be meant thereby to prevent the
publication of the pleadings which as they take place in
an English Court of Judicature are by Law public, and
ought to be accessible to all.
23rd. The seventh restriction prohibiting defamatory
publications tending to disturb the peace, harmony,
and good order of Society, is equally unnecessary,
since the British Legislature has already provided a