The Sun. — London, England, 1834-08-28 00:00:00

%bout two bans wer e • • but 1115 lia‘ c --- S • , she before she called at where his vay to the IA officer , :;ould only chimney lose of so" Lnces :—.l the occa• V o rtsblys , ppperation l we ha° vut ; how new, pour nla w ' Lnanner of as Was the ask pour I grub for as We n ° Arnalnent to the Pe' o ld waY if to n' a r ire ,vhat wet, something 1 out sovie to get t bell s ,Would th a w' • them e . loise 111 au vas a'c b e ll rr 3 ell as tbe ba d rt, i en to deo f their Per' iEr A i v 0 tto 0 , irk ; p e lt` - • TI, e Fow ► Oar 'leYf 26. -V II ' \S' :.;e r ' 13ank 5 ' ge t ' ro an. A , ket, 1' 2. Car e ,'; th, br' ri ?l 14' 0 3 Na rrhort faurititi 2 • farial f icla; o4 el, p rol ) 00 , lve r iiN, jo g Lac , 13 3 j, „ oel Clio, ~ t fi t he c de graCl).l,j gio u , . th e t o ol 4s,„ d , the TRADIS' UNION. $E ONLY DECLARATION that the BUILD si, . IN G ARTIFICERS and LABOURERS are required to 15e is the following : -..-4 41 ii,,,,.„_ _ tit ,"k; DECLARE THAT WE ARE NOT MEMBERS OF ANY bAtIES' UNION " l 'erser • • • the ermg misr epresentations having been , k•einnuttee of Allister Builders feel themselves called upon to made on this subject, re the above statement, to prove that the workmen are not nired to enter into any b ond or legal engagement. ndon Coffee-ho use, Aug. 26, 1834. TRADES UNION. ti l l ies I ., re E lu M ctan A ti S y T Eß BUILDERS of the Metropolis are compelled to info the Building Classes that kesenry consent to resume their work at the expiration of the lel, w eek, the Masters will be compelled in justice to them e,z,:tryd the Public at large, to ADVERTISE in the whole of .usn ees Pl v e Lf7 WORKMEN to supply their places, the comer :, in the approaching winter, can only be anti- BANKS OF THE THAMES. MANSI ON HOUSE, GARDEN, PLANTA , corn I Ti oNS, and LAND, beautifully situated, and for m i ng possempioente Family Residence,' to be disposed o f, w ith i mme di a t e T • T O prev ent i o il unnecessary troubl e , th e pr i ce as k e d is 10,0001. `7 catttr,r G . admission to view th e property may b e obtained on appli- B. Tyndale, Esq., 18, Charlotte-street, Bloomsbury. THE STEAM CONVEYANCE TO ITALY. , Past -sailing English Steam-Packet SAINT huttd."E, NEFREDE, of LIVERPOOL, JOHN OLIVE, Com- NE/0 4 as been established as a regular trader between MAR /ARLES and LEGHORN for the last six months, and sails from MAR NN/ARSES for LEGHORN every SUNDAY Morning, at :11. ,,10ck, and from thence to MARSEILLES every WED- Th e DAY Morning at Seven o'clock. Li The h o k 2 s age between the two ports is generally made in twenty sad / t l u ll. This is decidedly the best conveyance between F ran ce lase a i th ' a s Passengers are only at sea one night, which is not the Th e any of the other steamers on that station. at tend s acco mmodation s are excellent, and a Female Steward F or p assage apt to RICHAR SON and MECKLENBURG, Marseilles, AnCdarri HA RRISON and RAE, L eg h orn . And fo r further particulars at 112, Strand, London. Carriages and Horses are conveyed by that Packet. t - li m , - "„,OPEAN LIFE ASSURANCE and AN. TR A ITITY COMPANY'S OFFICE, No. 10, CHA -1,1341.11-PLACE, BLACKFRIARS, LONDON, August, 1834. ,?tice is hereby Given, That the DIVIDENDS to PROPRIE of p! i i ,S for the Ifalf-year ending the 30th day of June, at the rate C o , s ,' .. e 1 19 d a Ralf er Cent. per Ten are now payable at the T '" f ., , Y 3 Office every la fromll Three o'clock. 444h ee is d —n TanY eontin ( ne y s , to effect LIFE INSURANCES at iltam.,,Prennums, which may be imid Quarterly, Half al, or anglel, at the option of the Insured; to grant .- Annuities er on F re c .'. l °int Lives; and to advance Money on Annuity secured i‘ieney jelthhe pilorildd;.Copyhold, or long Leasehold Property, or o profits. Ass ured with this Company participate periodically in the Th e b t . oli e i e " ° ll ll 3 declared on th e 3d o f J u l y, 1831, attaches to all 3 e ffected on or before the 31st of December, 1829. I% 0 , ath aro-place, Black 1- 1 DAVID FOGGO, Secretary. “friars. ATENT LEVER WATCHES. hs ele hte Wi th e sil Wi t h . r er glass over dial, double bottom cases £6 6 0 Ili silver hunting double bottom cases 616 6 brated construction (the most accurate on which a toI. e . e ,aii be made) is now offered, with the latest improvements, ,l'anClitr," detached escapement , jewelled in four holes, capped, and the seconds , hard enamel dial, and maintaining power_ ue going while winding up, at the above price, by W ork . THOMAS COX SAVORY, 1 , ,,,, HI riilve r and Gold Smith, 47, Cornhill, London. -k4u,sI7PTI AN HALL, UPHOLSTERY AND Thes"kc,IIINET MANUFACTORY, IS NOW OPEN. of t beir i, ,'ABINET MAKERS' SOCIETY, at the request Nabli laltrons, have taken the whole of that extensive and splendid the NI r nent, the Egyptian Hall, Piccadilly, which is arranged in I, C arve` )wog Fourteen Departments : ; Gothic Oak Chairs, in the style of the various reigns, Z n‘4olll Willie I to William IV. " b William I. •bi ; Th er furniture. , brn`'-roorn Furniture. 9. sZiog-roorn ,Furniture. 6 p late r binets, Damasks, Moreens, Chintzes, &e. 6 7, o r - glass i n B urnished Gold Frames. 3,n,1n°111 and other Lamps. 1 9 0 : ,Sc; i P o i l e a ces of Paper -hanging of the best quality, from 2d a ya7d ), al r . o Pedestal Tables, in great variety. ' Ali e°rge Robins's Patent Filters. 12. eeellaneous Articles. etioneer, Estate, and House Agency. Estates a n d H ouses fro e Tb kt,an i d Sold f ree of expense. ll ia , eh arg - es ic can now see the Hall, with all its arrangements, free lu lT o trl e n ted of the best materials and workmanship, cheaper . than usetiohlie:tiinerolbstoer nn London . The nobility, g .ntry, and public -art 4 4 r i to,inspect thelarest and best-selected stock of Cabinet in ...ngland, suitable for all purposes, from tia il-lul ta i e ss to the mansion, at the Cabinet-Maker's Socifty, Egiy l p- Nreeeip vi ecadilly, an 71 Leadenhall-street, which is en ro t e e l In dost •'Y to Act of Pa d ßent and founded for the suppor bes t ,11,011 s mechanics, all combine to produce only the very ProvTiOes at the lowest possible price. The funds of the Society eeet Ntoerfor its members in sickness, old age, burial. The ncluding s f ?'" ' tla 3 ,'; Aobility d an of the first families in the kingdo.m, 'Llebt'etltensive and 'an generous m patronage bestowed on them during 1 4 1 .4 f ,elghteen years, hope by their humble endeavoursto e t ‘ ritl, „nt,ure favour s • a , t the same time, they earnestly solicit i7 1 ,! 3 -(4 the ° _,.9:iterio n by which the merits and decided advan st);arked ;tesbi!shment can be fairly estimated. Every article y price, and from which no t xeh e a roe nt is 11 :Z e. lowest ii ready all warranted, and, if a fault appears, Z il.4 4 Red t within l ' 2. m e o y nt a h r s e , free from charge of any ki9d. ti li 'cret er, ,of , arficles and prices will be forwarded on addressmg e 4 1.)) letter post-paid, only. -., t By order of the Trustees, tr,:. THOMAS HASLER. See. Hall, Piccadilly, and '7l, Leadenhall-street. °"HOUSE'S fETHERIAL ESSENCE OF Jai!JAMAICA GINGER. j PATRONS. Cha as t hi tr 314'3", Physician Extraordinary to his Majesty. s etmary. ,IHolroyd, Physician to the St. Mary -le-b?ne 13i p ‘l`cidgkin, M.D. Physician to Guy's Hospi tal. 110,41e4rties Fox, M.D.. 23, Rafter-square. e atu A LD Physician to the Alder gate-street Dispensary. ei r l tlo s i m l? ell, m_b eQueen-street, Cheapside. 4 arl es I.4l,lljeton, Senior . Physician to the Leamington Hospital. F. Than 64 " n, Physician to the Leamington Bathing Institution. F.L. 5.,. _Lecturer on Mate ri a Medica. C e New Bridge-street, Surgeon to St. Thomas's p• • M.R.C. Lecturer on Anatomy. jttr al to l ileher • • • • 2, Old Broad -street, Surgeon to St. John's . Hospital. 41141illke-ell,'00(1, Surgeon to the Royal Humane Institution. t I A , Hte; " e tnonstrator of Anatomy at the School of Wehh-stree . 1.45 n, Surgeon to the Leamington Bathing Institution. et4n, Surgeon to the Leamington Hospital. t: t rhe L l° 4 Curtis, M.R.I. M.R.C.S.L., 2, Soho-square. 1,10t,,i4t .erninent Medical Gentlemen have gi . ven the most ~11. ,sertificates of the great value and superiority of WOOD kstileli is par 'THERIAL ESSENCE OF JAMAICA GINGER, . r „Aer,„ 'Wady recommended to all Cold, Phlegmatic, Weak, . tte,h'ilole-uktconstitutions It is certain in affording instant relief LiNf hi e ra spasins cramps, flatulence, hysterics, heart teP, loss of appetite' sensation of fulness, pain and oppres litseeest_tro::oll3,; also those pans of . the stomach and bowels which heart ti 'red e ILLY flatulencies; digestion, however much impaired, !ert , if takes° its pristine state by the use of this essence fora short . 1 4ets h e , in tea, coffee, ale, beer, porter, cider, or wine ; dlatulent tendency. To eulogise the merits of this t IV-;,rs!lteectrticle would be superfluous, when the Faculty are its ee , tss u9h.;„ B t, 4-eve,is prepared only by Decimus Woodhouse, operative ettlll-*llof Ki ss William-street, New London-bridge; and sold od; Sang er e4 le arid retail, in bottles 2s. 6d., 4s. 6d., and 10s.. 6d. in tom 150, Oxford-street ; and all respectable Medicine yin and country. Ni E ,....... 5 _ AU , Tliti tIin'TPATRONAGE of HIS MAJESTY, _and . s liT t.)- ti Z EI: I by the LORDS of the TREASTY i lti lS po blit . ilbt STO HEA DACHE-RED.—NhasEßprVavOedUiStself atest 4 1 rt itie e t„ „---This discovery cei -' le public The numerous testimonials " th_ . vett duri . families and editors the re sto,v, erst r _ og the last twe nty . years, re.. froti,e crlo);eta. biliy, proving t he truth infallible n th ia i l s sthe lied to, who have been relieved ,. Plf!e%tortatri:te„t, gi:‘tthaosn' e m n ay b o e t a h p a p lmia, and inflammations, all di 7) t :, 11. f t , 'Yes and h ead having a ' been completely ed i ervious t oosi nt ' - gioi l r tvwenty years' use, and the er li l t r fu e llompound o . f the eradicated,. nip glasses Wh o l e , 'Y the frequent use of this d e l F s t,.Z.4:4letideje, choice, aromatic, and odo . r ti d n e n r e o r u s f h or er i b ts s. ma l n t y is v r i e ,... - . 11 10 ,„ , Ti le 1;7 occulists and medicalract! ask for GRIM q-6avi heyorid'gh patronage and character it has attained, is a testi- Ilro„,t'S el.r,,ltsPicion. To prevent imposition ! venter, No. 39, t o "ste et ' 6NUFF, manufactured by the Odoil. , Bloomsbury, and No. 24, 1 , Cop y 39, Broad- King-st i r n eet, Long-acre, fo, et, liool3r LETTER sent to Mr. Grimstone,em name fr e e true frl'sbury :....." Dear Sir You may make usef y such, received „It berim,,,", in taki g r Eye Snuff. I have 11 ' do .-"`, t hat I n- ' our .without glasses, th eY i,b.er°re I t - can see to write which I could no my eyes being so very weak; te,,_ -, tow __7 l, Your Eye Snuff, poor aged men and tpilltlcti wollicilicr ectly stroi . ig ! M an y o ti ot k f ford , Purchase i t in cannister. I re r.„_ii, . sotpence per ounce,_ or buy it in the Governor of the :-ur.,1„,., 3 our s respectfully H. PtucKwzt.L,,,..ry 24, preference t7 y other snuff, but they I glu e t"°r-house, Tottenha'm, Middlesex, Jan' 1834. otz ored.,, 'l ' l . 29 11VATION the repttra.,lB33: ~ ES, o f the Editor s o f i is really an extraor t di i n s azy e .. Old England,' '4*,°''Of :E ' SNUFF.-- we know not ; but this p t , i , . t h a n' t at it is compounded . • strafing th e is wonderfull efficacious, are of a ou eet of h ours especially . if they m anion Zliiier, toinuature. Injuriousis al sOan u e m x o treniely headac e and complaisant n e s e , co mp anion af 1_!0 "ableN"jr musts books or writings,relievin and tends unusual quantity *011.., the eye to perform, without fail, an n,liSElty A T tj.1 t.. 1 19, Is,3I;' II CINS of tll Editor o f the United Service uel,",roito y ,e'vr*-," The advance e of c ivilization,. which gives ° • Gaz , e i t r t t e l; t, thmi!,eoveries ?rins of. infirmity and d i sease, brings in its train erifi e ,P virtttesoi remedial agents and new applications of science th e ti o th in . • In no case has this remark been more signally sand ti e ,,. ew iip,r_u the modern prevalence of near. sighte . anes , Elikd't tv,3,vslances for its relief. Truly, we are a blinking gener e a- . rati v : or 14"nd eerier' glares upon us in the streets through van r a .. Le t VI Prw.o4, grn, or amber, but none of these optical prese titiowevers to restore the impaired faculty to the vigour of health. M t :,,, , th at , the Student and the literary devotee learn, with gra !!'atft Eye.s'uch a r emedy ei t The instances in which Grim etd°,t,i,le or'eru..ll4.l.l.as.n renewed' st.he power of vision by restoring well authen 'otwailet4e",yarnt the i'n"dlividual3rvgielic neglects S o numerous k an d anexperiment of . Ogl,lte';)r•htstlY be said to eign;ulge a silly scepticism at his ''.' cailifltt 4 , Nom 'ste t . ; 1 the Inventor's Signature on each Cannister. Sold jestY, are °, l e:1 3 t 1 ., 2s. 4d., 4s. 4d., and P. each. Observe the a110w,4,1 atith(c)u,carinister, " with the patronage of his late Ma roacle ~" t ' , all ris " by the Lords of the Treasury." A liberal auri s...ukYable in'ccllders of " Grimstone's Eye-snuff." All orders errs 4,1 1 - ""')h• Letters post paid. Genuine eld Snuff alPortd. No. 13,094. LONDON, THURSDAY EVENING, AUGUST 28, 1834 PRICE 7D. FAREBROTHER, MAYOR. A. COURT of LORD MAYOR and ALDER MEN, holden in the Inner Chamber of the Guildhall of the City of London, on WEDNESDAY, the 27th day of Aug., 1834, Resolved unanimously, That an humble, loyal, and dutiful Ad dress be presented to their M a j es ti es upon the safe and happy return of her Majesty the Queen Consort to this country. FRENCH PAPERS. COMMITTEE ON LAW OF LIBEL. with adultery or seduction —very grave offences, which in the minds of many persons are so grave that he who is guilty ought to be driven from society—the truth of the charge may be known to himself and his paramour only ; and thus it is just as likely, after the verdict for damages shall pass, that the slander was true as before the action was brought. The event will only have proved that no waiting-maid or valet-de-chambre had been able to give evidence, or that no one but the parties was cognizant of the fact. But those persons having to come before the court with affidavits of denial, as well as exposing themselves to affidavits of the opposite party, it does not follow that the same persons who would proceed by action would venture to swear, and both perjure themselves, and let it -.be known each to the other for ever after that he had been guilty of one of the foulest crimes that man can commit,—namely, perjury. These are the reasons why I think the application in court for a criminal information, under the statute of Wil liam, is a very important and beneficial proceeding for a per son defamed. But I hold that the practice is too lenient to the defendant, and unjustly disfavours the prosecutor, if the remedy, by criminal information, depends upon whether he can clear himself, not only of ninety-nine parts out of a hundred of the things laid to his charge, but of the whole hundred. For example, a person may be charged with an assault with intent to commit an unnatural crime, but he may have committed an assault of a comparatively innocent nature ; or he may be charged with an assault on a female with intent to commit a rape, and yet he cannot giet a criminal information, according to the practice some years ago prevalent in the Court of King's Bench ( I believe it is now a little relaxed), unless he can deny the less as well as the more important part. Sec the situa tion of such a man. He dares not go into court, because he knows he will be refused the rule, and will have his fame tar nished by that refusal. I think that, in so far, unjust disfavour is shown to the applicant, and great hardship inflicted on him. I remember a case where an Hon. Baronet, lately deceased, was charged with having embezzled and almost stolen money to a large amount; and in the same libel he was charged with having been guilty of having taken more than the legal rate of interest in India. The Court of King's Bench granted the rule on his affidavit ; but they found, on spelling it afterwards, when cause came to be shown, that he had not denied the usury, though he had denied the peculation, amounting in deed to theft, and at aify ra t e an indictable felony ; and they discharged the rule. It was here impossible to say that he did not suffer rather than gain by the application ; he did not care for the charge of usury, but for the other and heavier charge ; and because he could not deny the comparatively trifling charge, he went out of court as if the whole hail been true. In the case of an Irish Baronet, for whom I was of counsel also with Mr. Baron Parke, the charge was a breach of duty as high sheriffV an election in Ireland, from corrupt motives. He proved everything to be false and wilfully false, from the begin:ling to the end of the libel ; but he could not disprove the charge of error in judgment, as to the time when the troops and the police were called out. The Court of King's Bench, to the great regret of the counsel, dis charged the rule, but they discharged it at the cost of the defendant. It was a libel of an aggravated nature, in a speech made by a Member in the House of Com mons, and made, as was sworn and not denied, in the presence of no person, who was enabled—by his knowledge of the facts —to answer it ; and a copy of the speech was also sworn to have been sent to a newspaper, and yet he got off by paying the costs of the application. Your Lordship is aware the Court of King's Bench has re laxed the rule of late ?—I believe they have of late since I left that Court. Is your Lordship aware that the Court of King's Bench in Ireland never adopted the rule, to that extent ?—I believe they never did. (From the French Papers of Tuesday.) The Journal de la Meurthe of the 23d instant state; that a few days previously the Duke de Nemours gave a bril liant fete to the inhabitants of Luneville and the officers of the camp, consisting of a ball, which his Royal Highness opened, by taking the hand of the daughter of the Mayor of Nancy, and which did not break up till five in the morn ing. The decorations were so splendid, that the rooms were opened the next day for the inspection of the publi c . There were about 1,000 persons present from Luneville, Nancy, Metz, and "other surrounding places. In the course of the day of the entertainment there was a grand review. The Indicateur of Bordeaux of the 24th instant, received by express, contains the following :—" The most recent news from Spain continues to represent the civil war in that country as virtually suspended. Don Carlos and his parti sans have returned to the frontier, and avoid all opportuni ties of coming to an action. The Pretender is fearful of showing himself, even to his own troops. In order to de ceive the enemy, he constantly publishes that he. is in one place, while he shows himself in another. The Queen's troops assembled at Burgos, which town Don Carlos pretended" to have captured, are arriving in Navarre. It is owing to this movement into the rebel pro vinces that the insurgents have returned to the fron tier. Their chief, Zumalacarreguy, is ill, and quite dis couraged. To complete the despair of the faction, the French steamer, the Metcore, has arrived at the Passage, charged with the surveillance of the coast from Bayonne to Santander. The Dutch ships, laden with • arms and gun powder for the Carlists, have not appeared. Signals, placed at regular distances, are to give intelligence to the squadron of observation, in case any should arrive." This journal has also the following from St. Jean-dc-Luz, of the 22d instant :—" The armed trincadora, No. 1, arrived yester day at the port of Socoa, from Santander. During its station in the latter port, the Perk, French frigate, entered into the same port, having on board the persons whose capture has been already announced. As soon as they were disem barked, they were taken under escort of the troops of the line, before the local authorities. On their passage through the streets, the populace was so exasperated, that it loudly de manded vengeance against the traitors, and that they should be put to death. Judicial proceedings were immediately commenced, and no doubt existed that they would be-con demned to death. These persons are Colonel Arana, an insurgent priest, a custom-house officer, Beneveta and Sa has, with two or three other rebel chiefs. The men form ing the crews of the five boats were condemned to be banished to Havannah and Ceuta. The news from Spain states that the members of the Junta assembled at Elisondo were divided among themselves ; part of them had followed Don Carlos, the others had withdrawn. There was also a schism among the insurgents, and desertion had commenced. One part, with their chief, Zamalacarreguy, was wandering in the mountains ; the other was ready to submit to the Queen ; their situation was deplorable, without clothes, without food, and without money. Don Carlos, clothed as an anchorite, was wandering from hermitage to hermi tage, and for three days it was not known where he was. A steam-packet, armed with 14 guns, arrived yesterday at the Passage. This vessel disembarked two Spanish fami lies, who were conveyed to the port of Socoa in boats. A Spanish armed brig anchored yesterday at the Cape of Fi gueras, having fired two guns for a pilot. One was sen on board." MINUTES OF EVIDENCE TAKEN BEFORE THE SELECT COMMIT TEE APPOINTED TO CONSIDER THE PRESENT STATE OF THE LAW AS REGARDS LIBEL AND SLANDER, AND TO REPORT THEIR OBSERVATIONS THEREUPON TO THE HOURE.—WED NESDAT, JUNE 4. (The SOLICITOR -GENERAL in the Chair.) WO6DTHORPE. FAREBROTHER, MAYOR. ACOMMON COUNCIL, holden in the Chamber of the Guildhall of the City of London, on WEDNESDAY, the 27th day of August, 1834, Resolved unanimously, That an humble, loyal, and dutiful Ad dress be presented to his Majesty upon the safe return of her Majesty the Queen to these Realms, after a visit to the Continent. WOODTHORPE. The Right Hon. the LORD Hum CHANCELLOR, attending by permission of the House of Lords, was examined. How far, in your Lordship's opinion, is it possible to define the law of libel, so as to bring it within more distinct rules than at ',resent ?—I admit the great importance of the inquiry, and it is one to which, in common with those who have attended to the subject of the libel law, I have at different times paid considerable attention, but, I must freely own, without any success whatever. I hold it to be hardly possible to define libels by which guilt may be incurred as tending to a breach of the peace, to other proceedings of a violent nature, to shaking the institutions of the country, from the Sovereign downwards, and loosening the foundations of society, and to a variety of other heads, under which may be classed, though without any distinctness of definition or anything like ex haustion of the subject, the offences that are committed by publishing or uttering libellous or seditious expressions. Any definitions that I have ever seen given had one or other of two faults, equally opposed to the requisites of a logical definition ; they were either so vague and general as not to specify or define anything, or if they did not sin in that respect, they were only rendered particular and definite by omitting some species of libel or of sedition, which on the most cursory inspection ought manifestly to have been comprehended. A, definition, in order to satisfy the requisites of a good logical definition,_ ought not only to be sufficiently precise, so th a t i t s h a ll take in nothing except what was in tended to be specified, but also sufficiently comprehensive to omit nothing which ought to be included. I have never yet seen, nor been able myself to hit upon, anything like a defini tion of libel or even of sedition, which possessed those requi sites of a definition; and I cannot help thinking that the dif ficulty is not accidental, but essentially inherent in the nature of the subject matter. If any definition were mentioned to me, I should state in what light it struck me, and wherein I deemed it defective, I have frequently heard it said that "libel" means nothing, for that the word signifies a " little book." This was a very favourite mode of arguing of the late Mr. Horne Tooke, and has been adopted by some of his followers, Mr. Tooke being a great. master of etymology, and having made what may be called important discoveries in that science, and in the philosophy of grammar, was not unna turally in the habit of considering everything in an etymolo gical point of view. But when he and his followers said a libel means a little book, they forgot that the origin of most of the words which convey perfectly definite ideas was ety mologically as little calculated to convey an accurate descrip tion of the thing signified as the word libel d escr ib es w h a t we mean by th a t word. A person might as well say there is no such thing as the crime of forgery, because to forge is to beat iron into a form when it is red hot, as that the word libel is not intelligible, and does not designate a composition of a known description. Moreover, when men speak of libel as a little book, they either do not deal fairly or they do not deal learnedly with the subject, even as etymologists; for, indepen dently of the observation I have last made, no one, except elliptically, ever made use of the word libel as a literal trans lation of the Latin. If a boy at school were to be called upon by his master to translate libel, and should translate it, as this argument assumes, upon the surface merely, "libellus," he would probably be punished and certainly might justly be cor rected ; for the Latin of libel is not libellus, but libellus famo sus, and that is the civil law designation, and indeed there is a title in the Pandects, "De Injuriis et Famosis Libellis." Libel then means in its original, not little book, but a "defa matory little book." Now it may be true that " little book" means nothing criminal ; but surely defamation, a taking away men's ch arac t ers , d oes convey the precise idea f some offence, though it must be admitted that in this, as in almost every other case, the sense of the primitive word has been so stretched as to comprehend other things. For these reasons lam not of opinion that any streets ought to be laid in the discussion of this question on the etymology of the word libel. It is an offence unfortunately of a somewhat vague description, but sufficiently known in law, and perhaps as well defined, as as sault and some others ; and I do not believe, from all the ex perience I have had in courts or consultations, that in practice any considerable difficulty is felt on account of its indistinct ness. I have never known a case in which a party was oppressed or a jury misled by the vagueness of the term or the want of a definition. Ido not remember a case in which the jury did not form almost as accurate a notion of what was meant by the offence of libel as of most other offences, espe cially in the class of misdemeanours. Certainly, if we are to argue on the etymology of libel as telling nothing, the same may be said of sedition, which is nevertheless supposed to be most distinctly understood. That term, however, if we apply the etymological test, means going apart, seorsam itio ; and it comes from the Roman people rising against their chiefs, and going aside to a certain place. Yet everybody knows what sedition is ; no one, I believe, says that it is an offence which cannot be understood so as to be dealt with. It has been suggested, that the description of libel should be a counselling or incitement to that which would amount to an indictable offence ? Then, I take leave to say that the word " incitement" would just require definition and limita tion and bounding, as much as the word libel ; and that no benefit whatever in practice could be obtained by the substi tution of one undefined word for another. The question would always arise wherein consists an incitement. One per son might say that a gross attack upon the personal character of the Sovereign, or upon the conduct of either branch of the Legislature, constituted an incitement to commit treason or sedition, which would be an indictable offence ; but can any thing be more manifest than that this is reasoning in a circle ; for that brings you back to what every body admits to be one species of libel—namely, a defamatory attack on a person in a high public situation ? I conceive as much vagueness to lurk under the word incitement, or that which incites, as under the word libel. I must again repeat, that no practical inconve nience arose from want of definition in my experience at the bar, which was very extensive for twenty years, having been on one side or the other in almost every libel case on the Northern Circuit, or at Westminster or Guildhall, tried during that pe riod, during part of which a very great number of prosecutions took place, for it comprised the time of Sir Vicary Gibbs, who filed more ex officio informations than any other Attorney- General. lam clearly of opinion that the law of libel is ex ceedingly defective, and errs in both directions ; in some re spects it is too lenient, and gives too great an advantage to a defendant ; in other respects it is too harsh, and gives too great advantage to the prosecutor; and though there are various improvements of which it 'is susceptible, and va rious complaints to which it is justly liable, I do not think this of indefiniteness is one from which great practical evil has arisen. But lam perfectly prepared to state my opinion as to various other points in this law. In what does your Lordship consider it too lenient a person either says or publishes of an individual anything which amounts in the one case to slander, or in the other case to libel, it must be by imputing an indictable offence to constitute the former ; whereas no such restriction exists as to the latter ; but in both cases the law allows the defendant in an action to justify, and by proving the truth of the words spoken or written, he entitles himself to a verdict. This I consider too favourable to the wrong doer. I will mention another to which I have just alluded. Every person acquainted with the law knows, that whereas spoken slander, especially if spoken before a number of persons, may not only be as bad as written and published slander, but may be worse, inasmuch as every person can hear and understand, though many persons may not be able or likely to read a line ; yet, in order to make that slander ac tionable, it must be of one particular descripti on o f s l an d er , —namely, imputing an indictable offence ; and this restriction leaves out a great number of the most bitter slanders, as, for instance, calling a man a rogue, a coward, a knave, an apos tate, a profligates a seducer, an adulterer, all of which is highly defamatory, yet not actionable ; but if the twentieth part of this,—such is the inconsistency of the law,—if the twentieth part of these things be put in writing, though it is not read by more than a single person, this is an act of publication, and an action lies for the libel. When your Lordship talks of the leniency of the law in favour of defendants, you confine that to actions ?—Chiefly ; I ought to have said that my remark applies chiefly to actions. The law, as far as I recollect, does not in the criminal part lean towards defendants. :It one respect, perhaps, it does, and that I think a very great evil ; but I am not sure that it is now the law, for the practice of the Court of King's Bench has varied in the respect to which I refer. If a person moves for a criminal information, either for words spoken tending to a breach of the peace, or a published libel or letters sent to him, he cannot succeed in obtaining a rule, if he does not on oath deny every one particular charged against him down to the most trifling ; he has no remedy, and is driven to an ac tion, which may either not lie in the case of words, or may not be satisfactory; or to indictment, which is rather held to be an admission of the truth of the charge. The advantage of proceeding by criminal information is this : it erects the Court of King's Bench (and this was always Lord Erskine's opinion, entitled to great deference on all subjects, but on none more than on this) into a court of honour, which may well administer the law of honour between party and party, with a due attention both to the wounded feelings of the individual and to the preservation of the peace. But it has this singular advantage besides—that it enables the party de famed, on his oath, to purge himself of the offence charged, and gives him an opportunity of defying his adversary to prove the truth of his accusation. It is in this particular doubly advantageous beyond an action, which simply defies the slanderer to prove his charge ; and from its nature this may be impossible, though the thing may all the while be true ; so that bringing an action really often leaves the truth or falsehood very doubtful ; for how many charges are there which may be quite true, the gravest charges of all, and in which an action is brutum fulmen, because the defendant can not by possibility have evidence of it ; and so the bringing an action may only show that the plaintiff is conscious of having committed the offence charged, but certain also there can be no evidence ggainst him. instance, if a man is charged LONDON AND WESTMINSTER BANK, 38, Throgmorton-street, a n d 9 , W ater l oo-p l ace, P all Mall. T HIS BANK continues to receive Current Accounts, on the same terms as they are now received by London Bankers ' • or, instead of requi r i ng a C ustomer to keep a balance, manages his account for a certain sum annually. • It likewise receives on deposit, at interest, sums to any amount, from 101. upwards. The opposition which, in the vain hope of arresting the progress ithe Bank, has been shown to the Bill introduced by the Di setors to Parliament, will in no way accomplish its object, the constitution of the Bank being perfectly efficient for carrying on its ousiness, and for securing to the public in the metropolis the un doubted stability, and all the other advantages which Joint Stock Banks have afforded throughout the country. By order of the Board, JAMES WILLIAM GILBART, Manager. August 15th, 1834. AT a numerous qnd highly respectable MEETING, of SPANISH BONDHOLDERS, assembled at the City of London Tavern, on Thursday, August 21. THOMAS WEEDING, Esq , in the Chair; Resolved unanimously,—That this Meeting has heard with disap pointment and alarm the project of law which has been submitted by the Spanish Minister of Finances to the Spanish Chambers, in which, after dividing the principal of the foreign debt of Spain into two equal parts, one active, the other passive, it is proposed t o in clude in the passive d e bt all the arrears of interest due to the foreign creditors of Spain. That this Meeting deem the arrears of interest to beas much the right and property of the Spanish Bondholders as any part of the principal sums advanced, and being now due, ought, in justice, to be deemed and taken as part of the principal in any arrangement which Spain may propose to its foreign creditors. That to treat it other wise would be inconsistent with the equal justice and the rights of the claimants, and even with the plan itself as communicated by the Spanish Minister. That the plan proposed is, in this respect, fraught with peculiar injustice to the British creditors of Spain, to whom no interest has been paid for more than ten years, notwithstanding repeated appli cations for its payment, while to other foreign creditors of Spain interest has been regularly paid to the present time. This Meeting cannot doubt, therefore, that the present Constitu tional Government of Spain will, upon further consideration, be disposed to place the British creditor s on a footing at least of equal justice with the other foreign creditors of Spain. They request, therefore, that the Committee will present memorials to the said effect, in the name and with the sanction of this Meeting, to the Queen Regent of Spain and the two Chambers of the Spanish Le gislature. That the memorial now read be adopted, and that the Committee apply to the Right Hon. Viscount Palmerston to request his Lord. ship to have the same presented through the medium of his Majes ty's Minister at Madrid. That this Meeting tender its most cordial thanks to the Com mittee of the London Stock Exchange for the constancy, probity, and honour with which they have protected the interest of their fel low-subjects in refusing to admit any recent Spanish Securities to circulate upon their Exchange 'ill the Spanish Government redeem the faith of its previous engagement, which has already had the sa lutary effect of saving great numbers of families from certain ruin. That the Chairman be requested to communicate these thanks to the gentlemen of the Stock Exchange, and to express the confi dent hope of this Meeting that they will persevere in this just and honourable course, which is of the deepest importance to all men engaged in pecuniary transactions, and which has contributed to maintain and raise the character of Englishmen for integrity and good faith in the moral estimation of Europe. That this Meeting returns its thanks to the public Press of Eng land for the firmness and talent with which it has maintained, and continues to advocate, the principles of good faith, honour, and justice, in the pecuniary relations of states and people. That the thanks of this Meeting be given to the Committee for the active and useful labours in the service of the bondholders. That these resolutions be signed by the Chairman, and published in the Daily Papers. In a case in which a Member of Parliament was the appli cant, there were several material allegations in the libel which were not negatived by him, but that which was negatived being highly calumniatory, the Court granted the information ? That was, I think, a very wise and just course.. Is not that giving the Court an extreme latitude, and making the uncertainty of the law of libel still more uncer tain ?—I think it is giving the Court a great latitude, but that is a latitude which—judging for myself as counsel for a party —I should be willing to give to it. Nothing can be more sa tisfactory in some important respects than this proceeding. Where a person sees a publication charging him with a hei nous offence which lie knows to be utterly false, it is a great relief to him that he can instantly get a remedy, for it is fes tinum remediu;n, except in the course of the long vacation ; he can immediately proceed ' • he discharges his mind by in stantly making an affid av it ; he then receives the consolation of hearing the Court express a strong opinion, which in such circumstances they never fail to do, in his favour. He then defies his adversary to prove the falsehood—his adversary is dared to do it,and unless he can do so, he must submit to the in formation. This I have generally found to be by far the most satisfactory of all the remedies given by law to persons de famed. It is made to depend upon a court of honour, not pre cisely like a jury, which is not so well adapted to be a court of honour as four men, generally of the superior classes of so ciety, by whom character is most valued. A jury is very apt to afford an inadequate compensation in damages. They take into consideration the circumstances of the defendant, and as libelling has become very much of a traffic, driven by setting up men of straw to publish the libel, the real culprit escapes, and those tools proving their wretched circumstances, as for instance that they are already in the King's Bench or Fleet Prison, get off for 101. or 405., and then it is said that the value of the person's character has been assessed by a jury of the country at 10/. or 40s. I will not assert that it is a right or a wrong feeling, but I speak from a pretty large experience, for I do not believe I was ever at the bar one week that I did not answer cases or attend consultations on libels which never came into court, and I have uniformly found it to be the case that nobody liked an action half so well as a proceeding by information. When your Lordship says that the prosecutor challenges the defendant to prove, you confine that of course to the mere answering by af f idavit ?—Yes, of course, without cross-exami nation ; and that is rather an injury to the prosecutor, and in which the law leans aga i ns t hi m ; as i t i s only on the affidavits without cross-examination that all turns ; and as the defendant swears last, the rule is discharged on his affidavit. That is another disadvantage of the law of libel, and one weighing against the prosecutor and favouring the defendant. I knew a case myself where on affidavits a new case was made; the applicant was charged with cowardice ; he being a military gentleman retired, and being most respected by all in the county; he denied the charge explicitly ; but the defamers changed the ground of attack, and in their affidavits against the rule they swore that he had refused to fight a man, and produced ten affidavits to this effect. It is needless to say that this was utterly false, and was, as regarded its substance and effect, in truth a great aggravatioo of the original libel ; for the person whom he had refused to fight was a peasant, a servant, or some one whom no one could seriously think of fighting, and who had been induced to send a challenge for the purpose of enabling others to defame the prosecutor. I produced affidavits in abundance to prove this, but the Court said they could not listen to them or suffer them to be filed, and the rule was discharged of course! In the Court of King's Bench in Dublin, if any fact is al leged in the affidavits not expressly charged in the libel which may bear out the libel by construction, but which is not neces sary, they allow supplemental affidavits, with power to reply? —Nothing can be more strict than our law is in this country on this point. They never allow an affidavit in reply, unless, perhaps, in the case of an officer of the Crown, who some times applies, but in another stage, namely, when parties are brought up for judgment, to be allowed to swear in reply. But the Court will never allow the prosecutor to reply to the affidavits on behalf of the defendant on showing cause against a rule. I have known hundreds of instances where the liberty of putting in affidavits in reply was refused, and the rule is con sidered quite peremptory ; and if the party moves for a new rule the Court will refuse it, as I saw very lately in the Court of King's Bench. They said, " You must proceed by indict ment, one rule having been already discharged." Indeed, the restriction as to the time within which you must move would generally preclude any second application. It must always be before a circuit has passed. Is there not this inconvenience as to the practice of proceed ing by information, that the Court having once granted an in formation incurring the expense of a trial, the man against whom the criminal information was upon debate granted was afterwards acquitted ?—Yes ; I have seen that happen, and I have known convictions on which no judgment could be had. I recollect an instance of a prosecutor, a magistrate, who ob tained his criminal information on affidavit, but made such a figure when under cross-examination on the trial, that he did not venture to bring up the defendant for judgment, though there was a conviction. Was that a case of disputed facts on contradictory affidavits? —Yes, it was very much contested by contradictory affidavits, and had been thoroughly discussed. There was a conviction in that case ?—Yes ; but I have known instances of acquittal. A telegraphic despatch received yesterday by the Go verment announces that Don Carlos left Donna Maria for Elisondo on the 22d inst. The Gazette de France has the following :—" An action ook place on the 15th inst. at Gulina, between Zumalacar reguy and the division of the Christino General Figuera, consisting of 4,000 men. After the first volley, the Navar rese rushed with the bayonet with incredible fury upon the enemy, whom they completely routed. The latter retired towards Pampeluna, and were pursued by the cavalry of Navarre, who made great slaughter among them. At Or baiceta, a capture has been made of 500 muskets, belong ing to the Christinos." We have received Madrid papers to the Ifith instant. These papers discuss M. de Toreno's finance scheme, and some of them disapprove the part relative to the loan of 400,000,000 of rials. The Abeja, of the 15th, publishes on this subject an article of considerable length, but hesitates to enter into an examination of the plan as to the reduction of the debt, and the figures upon which it is grounded, seeing that to have a correct opinion on this subject, the budget pre pared for 1835 must be known, as this will show what retrench ments are to be effected in the expenditure of the state, and what resources may be reckoned upon to meet that expenditure. But, even now, this journal . considers that the loan of 400,000,000 of rials may be easily reduced to one-fourth of that sum, and the followinc , are the grounds upon which that opinion is founded the debt of the state is to be liquidated, there will be no interest paid until the old certificates are converted into these newly created, at least in part. As the bill demands 18 months for this operation it is clear that during the rest of the present year, and the first half-year of 1835, there will not be a single maravedi to pay for the foreign debts, except those which concern England, France, and the United States, regulated by treaties. Thus the 67,263,073 rials which would be to pay on the Ist January, 1835, must be re duced to 9,500,000 rials for the English and French debts ; and the 37,763,073 rials belonging to the debt in liquidation must be deducted from the deficit of 1834. There may also be deducted the half of the 30,000,000 due to the navy, the payment of which may be deferred for a year, without the fleet being in a worse state than •in time past. The payment of the 51,798,755 rials of arrears of budgets, and the debt resulting from operations of credit of the Treasury from 1829 to 1833, may likewise be deferred. Again, from the deficit may be deducted the 60,000,000 of rials that Ardoin's house advanced to reimburse the advance made by M. Rothschild for the payment of the July dividends, be cause this advance, even augmented by 40,000,000, i s covered by a special fund. When the Constitutional Go vernment was overthrown in 1823, there existed in the lianas of Ardoin's house more than 200,000,000, in Cortes bonds belonging to the Spanish Government. These cer tificates were claimed by the Ambassador of Ferdinand VII., who was unable to obtain them, for the reason that there was a previous account to settle between Ardoin's house and the Spanish Government. "We believe we may state," adds the Abeja, " that for a guarantee of the 100,000,000 that this house engaged to advance, it de manded nothing but to keep these bonds, whence we infer that their real value is not below 100,000,000 of rials." All these deductions being made upon the deficit of 323,000,000 of rials, as calculated by M. de Toren°, this deficit may be reduced to 100,000,000, and consequently, according to this Journal, there is no reason to carry the loan to a higher amount, which would thus be reduced by three quarters. THOMAS WEEDING, Chairman. City of London Tavern, August 21. 1834. It was then Resolved—That the thanks of this Meeting be given to Thomas Weeding, Esq., the Chairman, for his intelligent and zealous exertions generally on behalf of the Bondholders, and for his able conduct in the chair this day. It was also Resolved—That the Chairman communicate to the Right Hon. Viscount Palmerston the thanks of this Meeting for the assistance which he has readily afforded, and the courteous re ception which he has always given to the Deputations of the Bond holders. Just ready, in 2 vols. post Bvo., FR A N • C I SOCIAL, LITERARY, and POLITICAL. By HENRY L. BULWER, Esq., M.P. Richard Bentley, 8, New Burlington -street. Agents for Scotland, Messrs. Bell and Bradfute, Edinburgh for Ireland, Mr. John Cumming, Dublin. MR. BULWER'S NEW WORK. Just ready, in 3 vols. post Bvo., T HE LAST DAYS OF POMPEI] By the Author of " Pelham," " Eugene Aram," " England and the English," &c. Richard Bentley, 8, New Burlington-street. Agents for Scotland, Messrs. Bell and Bradfute, Edinburgh for Ireland, Mr. John Cummi ng , D u bli n . E SECOND EDITION, revised and c o rrec t e d, 3 vo l s . p os t Bvo. , A RKOMANCE. 0 D 0 0 " This story never flags."—Quarte;lTßeview, June, 1834. " Possesses great variety of talent."--Literary Gazette. " Exhibits great power and strong interest."—Morning Post. " Will be extensively read and admired."—Courier. " Will interest and amuse readers of every class."—New Sport. ing Magazine. " A thorough romance. "—Athenaeum. " - gal of life and fire."—New Monthly. " Will have a run in the true Turpin style."—Frazer's Mag. Richard Bentley, No. 8, New Burlington-street. ROYAL AND NOBLE RESIDENCES.LSION HOUSE. THE COURT JOURNAL o f SATURD AY NEXT, August 30, will contain a full, Historical, and De criptive Account of Sion House, Isleworth, the celebrated Mansion of his Grace the Duke of Northumberland, with particulars relating to the NEW CONSERVATORY; Scenes in India ; the King's Palace ; with all the Fashionable, Literary, and Theatrical News of the Week—This fashionable Journal may be ordered of all Booksellers in the country, and is regularly supplied by the London News Agents, postage free. Published for Henry Colburn, by W. Thomas, at the Office, 19, Catherine-street, Strand. Mr. CONNEL'S SERIES of POPULAR ELEMENTARY WORKS on the ENGLISH L ANGUAGE. L ASET of EIGHT ORTHOGRAPHICAL and ORTHOEPICAL SHEETS, printed to hang up in Schools and Nurseries—Price 4d. each ; and an ALPHABE TICAL CARD, or HORNBOOK, for Infants—Price 2d. 2. FIRST and SECOND LESSONS in READING. 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" In this new edition of the Young Scholar's Assistant, there are many improvements deserving of particular notice, and which we have no doubt, will readily recommend themselves to the approba tion of those interested in appreciating them. These, for the most part, arise out of a salutary extension of the principle on which this excellent manual was originally compiled ; i n some cases th ey are the result of a slight modification of this principle, the necessity of which seems to have been obviously suggested by experience. Simplicity and methodical arrangement,' indeed, as the author himself states, are the chief characteristics of this little work." 5. IMPROVED SYSTEM of ENGLISH GRAMMAR ; with Copious Exercises and Explanatory Observations, adapted alike to the use of Schools and to the purpose of Private Tuition. Second Edition. Price Is. 6d. firmly bound. " A valuable addition to the literature of our elementary schools. The simplicity of the rules, the number and variety of the exercises, and the excellence of the general arrangement, entitle the work to this praise. —Edinburgh Literary Journal. " As good a little compendium as is to be met with, and having copious exercises."— Spectator. " For those who think Murray's Grammar too complex or too dry, Mr. Conners is a very good substitute. The parts are sim plified with care, and the book is in a small cheap form."—Athenaeum. Glasgow : Andrew Rutherglen and Co. (successors to Atkinson and Co. ); Simpkin and Marshall, and Whittaker and Co., Lon don ; Oliver and Boyd, and Stirling and Kenney, Edinburgh. A letter of the 21st inst., from Geneva says—" We were alarmed yesterday by a report that the Asiatic cholera had made its appearance within three leagues of the town, in the communes of Clancy and Soral, contiguous to the frontier of Savoy. An epidemic disease has been evidently prevailing in these rural districts for some time, but the faculty have been very cautious in giving it a name ; the symptoms, however, which have now become generally known, leave no longer any doubt as to its nature.' FRENCH FUNDS.—Pears, Ava. 20. nye per Cents., !WE 15c. 10c. c. Four and a Half per ents., 99f. 60c. 1C0f: Four per Cents., 93f. —c. Three per Cents. 7 f. 2 c. se. 15c. flank Actions, 1 , 770 f. 1,760 E Rente de Naples, 92f. 70c. 73c. Roman Five per Cents., 95. Rente d'Espagne, Five per Cents , 33 31 33 1 4. Ilente d'Espagne, Three per Cents., 27 26 ON. nova' svainsh Loan, 26 26 1 4 Bente Perpet. d'Esi ape. Five per Cents , 36 35 35 1 4. Belgian Loan, Five per Cents, 99. Haytian Loan, 267 f. 50c. EXCIJANGE ON LONDON. (;tie month, paper, 25f. 27 tc. ; money, 25! 27 e e.. j hrce months, paper, 25f. 4 5c. ; money, 25f. 15c. • o..rs Authentique. In the case where that arose the prosecutor was inculpated upon his own showing ?—He was on examination, viva voce, a good deal discredited ; on affidavit he had it all his own way, but he had it not all his own way when he came to be examined viva voce. There was a difference in favour of the prosecutor as to granting the rule ; as far as the affidavits went, the want of cross-examination was favourable to the prosecutor 2—Cer tainly. ABSENCE OF MIND.---I have rarely heard a more curious instance of the absence of mind produced by poetic enthusiasm than that which occurred when the author of Leonidas made one of a party of literati assembled at the house of Mr. Gilbert West, at Wickam. Lord Littleton, on open his window one morning, perceived Glover pacing to and fro with a whip in his hand, by the side of a fine bed of tupils just ready to blow, and which were the peculiar care of the lady of the mansion, who worshipped Flora with as much ardour as Glover did the muses. His mind was at that instant teeming with the birth of some little ballad, when Lord Littleton, to his astonishment and dismay, perceived him applying his whip with great vehemence to the stalks' of the unfortunate tulips, all of which, before there was time to awaken him from his reverie, he had completely levelled to the ground ; and when the devastation he had committed was afterwards pointed out to him, he was so perfectly unconscious of the proceeding that he could with difficulty be made to believe it.-3femoirs of Hanizah More. TRADE OF TIIE WEST RIDING.—More business was done in Halifax market last Saturday than on the two pre ceding market days; but still nothing to boast of, or to justify an expectation that this manufacturing district is in a healthy state. At Huddersfield, on Tuesday there was a considerable quantity of business done in the cloth market; but not so much in ancy goods. The business at the Leeds Cloth Halls on Saturday and Tuesday, has been as good as we have had for some time. The stock at the White Hall is getting very low, and more business would have been done had the supply of goods been more plentiful. The business in the mills is also brisk at present, and there is rather an advance in the prices. At Bradford so little business has been doing during the week in the wool market, that prices are in a great mea sure nominal, as usual in a dull trade. Reductions are sub mitted to by some, but we believe that holders as yet evince a general disposition to remain tolerably firm ; on the other hand, consumers keep their stocks as light as possible, and appear determined to buy lower or stand.— YorkiltireGazette. Is not the great expense of a criminal information always most harsh upon the defendant ?--I confess I do not feel that much. If a person chooses to publish libels on another's character, he is not deserving of very great favour. Your Lordship would not allow the prosecutor to assess a fine upon him by putting him to this great additional expense? —lt is the law and the course of the Court that assesses the fine upon him. The prosecutor does not award the amount of the expense ; he chooses that course rather than the other, but the expense is not a great deal larger than in the action, considering- that in the action there are costs. Taking it a't), gether, it is favourable to the defendant, for this reason, that it produces a communication between the parties, and terms are suggested or imposed by the Court. The defendant is better off in poi n t o f ex p ense , genera ll y speaking. It fro- -- d e,a /1-4_ 6 6 110‘.7. ri : 4rt . I if nen_gy hum& i• - s - counsel, all( A ., A —l. OF- 101., and -14:2D i_ lll4 - t• 44 , ,\ rat • 1 40 -J?; • Si : against the defe .„, . _ . . 4,- • 11111 -" lr mi* , , Thehre another leaded guilty, was not under t is not a libel ; s %. 40 1 /7 9 t: AN) "$9.,i. , 1 1 r4):. < l 4l , .'re,vo r. _ the peace. ." • i.' . 47 1 ,1) ' T: Th re information filed against him was an information also for a libel ; the two things were lumped together ? Two of fences may be united in one letter. I should say I have not seen this in practice weigh too bard upon the defendant. Surely, a challenge to a person to fight is a very great offence. The Court of King's Bench would never have granted that rule, and he was ill-advised if he did not at once resist it ; if there had been a provocation to send a challenge, for instance, if any scurrilous expressions had been used, such as scoundrel, liar, and so on, the Court would not have granted the informa tion, but have left him to his indictment, and ho would have had his costs to pay ; but the case put is that of about the greatest offence a man can commit,—the sending a challenge without justification. The case I apprehend is, that the per son who sent the challenge was the beginner of the fray, or the Court thought so. If the Court decided according _to law, the man must have been the challenger who gave the offence, and if so, I should ask, can a much graver offence be committed than to seek a man's valuable life, by setting your own worthless life against it,after having defamed him ? Has your Lordship known a case in which the prosecutor swore positively that he was not guilty of the chargc ed in the libel, and where the publisher swore with - tiveness that the prosecutor was guilty, and the Court in that case sent the matter to trial ?—The principle of the Court has sometimes been held to be, that it should make the rule absolute on showing cause, if the prosecutor shall have completely purged himself, by positively denying, without equivocation, the charge made by the libel, and that nothing is sworn on the other side which palliated or justified the charge ; but I think the sounder doctrine is, that if the Court think it remains doubtful, they will send the case to trial ; but if they think that the prosecutor has sworn falsely, and believe the defendant, they discharge the rule. They have adopted this course of late years—sometimes they discharge it with costs against the party prevailing ; they discharge the rule at the defendant's costs, because they say there is not enough of merits in the prosecutor to send the defendant to trial, and yet there is quite enough of demerit in the defendant to make him pay the costs. I never knew a party grumble at paying those costs ; they always found it much better than an action. I hold an action, as now framed, a very unsatisfactory mode of reparation. Dees not your Lordship conceive this additional inconve nience would follow in the case referred to, that the libel being undoubtedly published, and the prosecutor not attending himself, which he need not do at the trial, but only proving the publication, and the advantage of cross-examination being lost in the case, that the defendant, who has sworn to the truth of the libel, may be convicted, because he cannot give the truth in evidence ?—The only discussion of the truth or falsehood is in the Court of King's Bench, before the rule is made abso lute, for the moment the information is granted, the truth of the matter is no longer issuable ; and though there were at one time conflicting decisions, it is now settled that the Court will not, in the case of a criminal information, allow a subse quent affidavit to the truth or falsehood on Eringing up for judgment. This was tried in the case of " Rex v. Finnerty," 1811, and it was in that and in other cases so establsshed as to be now a fixed rule ; but in case of indictment, contrary to the opinion held by msnv, the Court have lately allowed affidavits of the truth, on the defendant being brought up for judgment. Your Lordship is aware that all the circumstances relative to the publication of a libel can be given in evidence ? All the collateral circumstances, everything relating to it except the truth, and I hold that to be the greatest absurdity in the whole libel law, or in almost any branch of the law. For whereas the utmost which can be said against making the truth evidence is, that it is not in all cases a decisive test, yet if it is only an unilateral test--that is, if in all cases a proof of falsehood must show the malus animus, and that the party must consequently be convicted upon publication being proved—surely it is no reason for excluding so material a circumstance from the knowledge of the court and jury, although it be true that in some cases a proof of the truth would not be decisive of the innocence of the defendant. I am quite char the truth ought not to be made decisive either in civil or criminal proceedings; for cases may be put where the truth, instead of being a justification, would not even be any mitigation, nay, where it would be an aggravation. I will suppose the case of a woman, who, in early life, when a girl of 16 or 17, in Cornwall, had a bastard child : she then is reclaimed, and becomes a respectable person, removes to another part of the country, and when she is the mother of a family, to make the case stronger, some man with whom sho has refused to lie shall then say—" If you do not, I will pub lish your shame, by letting that be known which happened in Cornwall ;" and he then publishes in Northumberland that she once had a bastard child. Everybody who heazs this case put, and it is not at all an impossible one, must be awe that the truth, to every well-regulated mind, so far from being a'seiti gation, would be a very great aggravation ; yet, as the law stand's, she could not obtain a criminal information, because she could not negative the charge, and she could not proceed in an ac tion of damages, because the truth might be pleaded and proved. My opinion has always been, that the truth ought to be capable of being given in evidence under the general issue, with a specific notice to confine the defendant to certain points, and to give the plaintiff or prosecutor full notice of what he must be prepared to meet. As the pleaders say of set off, that it should be almost as certain as a declaration, so this notice should be almost as certain as a plea of justification. Were this change made, I should say that the law of libel would be put on an infinitely better and more rational footing than it now stands on. I would therefore in no case, and in no form of proceeding, civil or criminal, have the proof of the truth be conclusive, but only competent evidence, with notice; then the Court would judge whether it amounted to a justifi cation, or a mitigation, or an aggravation, or was neutral. Falsehood, in almost every case that can be conceived, would be decisive of guilt ; the truth might be decisive of innocence,. or it might not. Does not your Lordship consider it an objection to a crimi nal information that the party is obliged to swear to the false hood of the charge ?—So far from it, in this consists the very perfection I ascribe to criminal information. It is only be cause the truth is a necessary condition precedent to obtaining the rule and to making it absolute, that this proceeding vin dicates character. It is from the circumstance of the person defamed being obliged to purge himself on oath that a crimi nal information becomes a reparation to his injured character and a solace to his wounded feelings. Were he able to obtain the rule and make it absolute, without denying the truth, it would cease to be any reparation at all ; it would be as bad as the remedy by indictment. Those who do not apply for a criminal information may be supposed to refrain from doing so because they must admit the truth of the charge ?—Undoubtedly ; and if those who do ap ply receive the slightest benefit from that vindication, those who do not apply must be subject to that consequence. It would be no test of a man's innocence if this were not so. The inconveniencies of the present system would, in your Lordship's opinion, be in a great degree obviated by allowing the truth to be given in evidence under the general issue ? Very much. My opinion is, that if they were allowed, one of the distinguishing excellencies of criminal information would no longer belong to it ; and the same benefit would be ob tained by an indictment which you now have by an action—it would defy the slanderer to prove his charge ' • but then the proceeding by cr i m i na l i n f ormat i on wou l d still have the other great advantage which I before explained—it would still be the only mode by which, where the offence is known to the guilty parties alone, they could absolve themselves upon oath. Indictment for libel is now subject to both objections ; the change would remove one of them. At present a man who indicts for libel is taken to admit the truth ; and I was once counsel at Guildhall with Sir James Scarlett, shortly before I quitted the bar, where a very respectable merchant, not being able to bring an action or to clear himself on oath, indicted a person for charging him wit's smptoxing ia trade the -fortunes-- of wards corrimitted to his care, : fs4guarflio. ,We echsikttia the person; "because' he could glv,_the truth in evidence ; but I do not think we ever4retight it hien up , ,for cause the fact , of the p'rosecuto'r' hiving for time nustpe - 1ie4, 1 the trust fund, though he h a d a ft erwar d s rest or e d fidly an 4 with interest, could not,have been denied. •, What is your Lordship's. opinion . upon stamps papers, with reference t o lib e l l aw ?,----/gyarinion is deOdedly against stamps on ne ws p a p ers; but . 'that is a verk large, and important subject ; I consider it intimateV'cane6ted subject of libel. The worst libels are, geneigly'Speatitik: not in books and pamphlets, but in newspapers, and I consider • that the stamps on newspapers are one very gr , mt cause of the worst of libellous publications, both public and private. (TO BE CONTINUED.) CONIBINA TION IN FRANCE.—Four journeymen wheelwrights of Blois were last week found guilty by the Tri bunal of Correctional Police of that town of forming a coali tion in order to compel the master wheelwrights to reduce their labour one hour a day. Two of them were sentenced to imprisonment for ten days, and the two others for five days._ French Paper. BRUTAL ASSAULT.—We have just learned that two men from Ballygariett, who had been placed by Mrs. Fer neyhough as keepers on the goods of a tenant named Ryan. at Ardaloe (about three miles from this city), who owed her a considerable arrear of rent, went yesterday morning to a public-house in that neighbourhood, kept by the widow Phe lan, for the purpose of getting their breakfast. While.there three men entered, and having first ascertained who they were, attacked them in the most savage and ferocious manner with reaping hooks. The two unfortunate men are cut in a most dreadful manner, and if th e i r li ves are s pared, they will, at all events, be cripples in future, as the ruffians cut the back sinews of their legs.—Kilkenny Moderator. MURDER OF CONSTABLE FEELY, AND AltitkST of ins MURDERERS.—We regret to say that Constable Feely, who, as we stated in our last, had been brutally and inhumanly beaten by a ferocious and reckless mob, opposite tho Petit Sessions House at Ballinonty, on last week, has since died from the effects of the wounds he received on that day. Thi s ill-fated man bore a most respectable character, and was ever found most punctual in the discharge of his several duties. lie was a married man, and has left a w if e i n an advanced stat-e. of pregnancy, and four children totally unprovided for, to de. lore his loss. A n in q u est has been held on hi s b o d y by Mr. P Cormack, Coroner , and a verdict of " Wilful c ulmurder" returned . Denisad Stapleton, Carew, andall been arrested t D ed o , la an n:i d transmitted ', ananitnteii'n under a warrant from Fergus Langley and Jan Lane, Esqrs., to our county gaol, to a bid e th e resu lt of their trial at the next assizes.— C.Onnul Advertiser. ' --.