§ MR. BRIGHTafter referring to the Ordinance of the 4th May issued by Sir Robert Gardiner, the Governor General of Gibraltar, prohibiting unlicensed printing, and reading an extract, declaring that it had been the custom not to permit printing in the Garrison without the consent of the authorities, and prohibiting the printing of any matter or thing not previously submitted and sanctioned by the civil secretary of the Garrison, under a penalty of not less than five nor more than a hundred dollars, and imprisonment for three months for non-payment—said that this was the assertion of a power which would be frightful if it were not ridiculous. He denied the fact that the custom referred to in the Ordinance existed; on the contrary, for the last forty years, if not longer, printing presses and printing had been allowed in Gibraltar; and a year ago, when a deputation from thence waited upon the Duke of Newcastle, and complained amongst other grievances of the want of newspapers, the Duke, who received them with great courtesy, said he saw no reason why there should not be another newspaper in Gibraltar, or why freedom of the press should not exist there as far as was consistent with the purposes of this country in maintaining a garrison at Gibraltar. At Malta there was more than one newspaper published, and considerable if not complete freedom of the press was allowed; and he (Mr. Bright) saw no reason why Gibraltar should be treated differently. He understood that Sir Robert Gardiner had been recalled, and that measures were in progress for the purpose of appointing some more judicious person to the office; and what he now wanted to know was whether the noble Lord, the Colonial Secretary, had sent out directions for cancelling the ordinance and placing the press of Gibraltar on a more satisfactory footing. He (Mr. Bright) had received a memorial from 2035 a printer of Gibraltar, which he had not yet had an opportunity of presenting, complaining that he had been ruined by the conduct of Sir Robert Gardiner.
§ LORD JOHN RUSSELLsaid, he had had time since he last addressed the House on the subject to examine the ordinance passed by Sir Robert Gardiner in reference to unlicensed printing. In the first place it was entirely competent for the Governor of Gibraltar to pass such an ordinance without consulting the home authorities in, all cases where he might consider the safety of the garrison demanded it; but there were certain restrictions placed upon his general powers of issuing ordinances; he, however, had full power to issue any ordinance he might consider necessary for the safety of the garrison, and it rested entirely with him to say when that safety was endangered. Such was the power the Governor of Gibraltar possessed, and that power he thought it would be most unwise to abolish or to restrict. If that were to happen again which had happened in former times, viz., that the fortress of Gibraltar—and it was nothing more than a fortress—should be besieged, great danger might result from a person being permitted to print a newspaper containing information as to the state of the garrison, its weak points of defence, the quantity of ammunition in the garrison, the number of guns fit for service, and the position of the powder magazine; and the Governor would not merely be justified, but it would be his duty, to stop the publication of such a newspaper. But with regard to the discretion exercised by the Governor of Gibraltar in the present instance, he owned that it did not appear to him that there was any urgent necessity for issuing so peremptory an ordinance without going through the usual form. In 1841, when he (Lord John Russell) was Secretary for the Colonies, and the question was brought before him whether the Governor should permit a newspaper to be printed, he advised him not to prevent the publication of newspapers in the Garrison, and not td issue any ordinance on the subject. In reference to the opinion of the Duke of Newcastle, to which the hon. Member had referred, it appeared that his opinion was asked as to whether a second newspaper might be allowed, and he said that he saw no objection provided it was under proper control; but what the meaning of the term "proper control" was, and what the nature and extent of the restraint which should be placed upon the press should be 2036 had not been explained. It might be useful to the inhabitants of Gibraltar to have a newspaper containing commercial information; but the Governor, who was the commander of the fortress, and was responsible for its safety, should have the power of saying when he would permit and when he would restrict the publication of newspapers.
§ MR. BRIGHTcomplained that the noble Lord had not answered his question. What he wanted to know was whether the noble Lord Would cancel the ordinance, and if he would give a distinct answer to that question he (Mr. Bright) would be satisfied.
§ LORD JOHN RUSSELLNo, I shall not give any distinct answer to that question. A despatch on the subject has been written to the Governor of Gibraltar, which I propose to lay on the table.