The Sun. — London, England, 1825-01-15 00:00:00

fhb; LONDON' JOURNALS. DAILY Extracts front the Morning Papers, Jan. 15, 1525. PUBLIC LEDGER.] It is generally supposed that the Netherlands -.Nil! immediately follow the e xample of England, in concluding commercial treaties with several of the New States of America. That the French Papers, which were the first to announce this to the world, and lit:owing as they do the cautious character of that Power, should, nevertheless, treat the general question as one of extraordinary delicacy, if not of imminent danger, is some what extraordinary. If the Court of Brussels had seen the slightest probability that a treaty with those States would involve it in angry dis cussions with its powerful neighbours, it would .be the very last to expose itself to such risk. Its characteristic prudence, and indeed comparative weakness, furnish strong assurances that it had examined the ground well before it took so deci sive a step, and we are persuaded that the result of this examination was a positive certainty that there would be no danger in the proceeding. If that Court feel a sense of perfect security in act ing in this manner, it would be worse than drivel ling to suppose that this country has not fully as much right to look without anxiety at the conse quences of her own decision. In confirmation of this opinion, we find that the French Cabinet has lost no time in disclaiming, through the me dium of one of its Journals, all hostile, and even angry feelings on the subject ; and, when its an swer to the communication of ours shall be made public, it will contain the same assurances, but in a way much more explicit, or we are greatly mis. taken. After this disclaimer, it would be down sight burlesqne to suppose that any other Power would take up the matter in an offensive tone. — The Spanish Court may, it is true, loudly charge us with selfishness and injustice ; but who that knows it 4 obstinacy, as well as the delicacy and extreme forbearance with which the English Go vernment had treated itsabsurd pretensions, will he biassed by its clamour ? Austria is connected with this country too closely, and values her friendship too much, to sacrifice it in order to up hold claim , which, however just she may regard them in principle, she knows to be wholly im practicable. She is well aware too that she would not render them more valid by quarrelling with England ; and that she would only sacrifice her own commerce, and endanger her Italian posses sions, without placing Spain in a more favour able position towards her late Colonies than she is in at this moment. The other Powers, not ex cepting Russia, can have no inducement strong enough to outweigh the consequences of remon strating, much less of going to war with Great Britain on this subject ; and, as they well know that the decision is irrevocable, it is not likely, when they reject an appeal to the sword, that they will have recourse to a war of words.— Therefore this question, portentous as it has been represented, does not even promise to bead to a diplomatic controversy ; and the civilized world will retain the blessings of peace ; whilst, in paying a noble homage to just principles, his - Majesty's Government have given a new and very powerful impulse to the industrious habits, productive powers, and enterprising spirit of the country. • [THE TIMES.) There is a well-authenticated rumour in circu lation, that Sir Charles Sum r!, our late Ambas *or at Paris, is' on the point of proceeding to Lisbon, for a special object of more than com mon interest. We mean that he is to negociate with King John VI. a recognition of the hide pendence of Brazil. Mr. Canning undoubtedly has Made a - judicious choice of his negociator on the. occasion, inasmuch as. Sir Charles Stuart was our Minister at Lisbon during the greater portion. of the war in the Peninsula, when he obtained a ihorOugh knowledge of the leading characters and parties among the Portuguese, rendered important services to the Government, and had the good fortune to make himself generally esteemed.— That the King of Portugal, as well as the nation, should look with sorrow at the dismemberment of the kingdom, and strive to cherish to the last moment the hope of bringing about a re-union of the separate puts,. is neither to be blamed nor wondered at. Spain, no less than Portugal, might be easily pardoned for her reluctance to give up the immense dominion'of South America. The only question is, at what point of time and circumstance ought that feeling to be no longer indulged, regard being had to the rights of one of the parties, and to the interests of both, as well 'as of foreign nations. .Allthe. world agree that it is alike impossible for the Portuguese na tion to reconquer Brazil, and fur the Spaniards to reposSess theiuselves of Colombia and Mexico. With the Protests of Great Britain and of the 'United States before them, forbidding any at tempt from the holy Alliance to assist in an at tack upon the separated colonies of the above na tions, it is contrary to common sense to imagine that the Cabinet of St-Petersburgh or of the Tuileries can seriously expect to see either of them recover what they have lost. The outcry, therefore, against the recognition of either of them, on the score of " legitimacy," seems to us almost as unintelligible as it is provoking. Such a clamour in the Paris journals is.moreover no. less inconsistent than offensive. Have they not. been,for months past, aware of the efforts made by England to procure trout Portugal an acknowledgement of Brazilian independence, and to counteract the intrigues of other Courts, whose object was a de lav of that acknowledgment ? England, indeed, has been direct wail consistent ; but where is the consistency of the Holy A Hance and of the Etoile Why do not they scold and threaten us for our struggles in favour of Brazil, as they do every day respecting Spanish America ? It cannot be that Pedro calls himself Emperor, - while Bolivar and Victoria are satisfied with Re publican. rank : the doctrine of resistance is equally maintained by all of them. ft cannot be from the Holy Alliance conceiving the re covery of Colombia or of Mexico to be less im probable. than that of B ra zil, that they appear 30 1 4 1 k . ch less tolerant of the indepe'ndenre achieved by the former countries than by the latter. Ni, : the apparent inconsistency must have an European object. A recognition of Colom bia and Mexico blazons to all mankind the physical impossibility of Spain continuing for five years longer as she is. The delusion is at once removed from the most ignorant and be sotted partisans of legitimacy, who have to this hour trusted that despotism in Spain was to sup port itself on the mines of South America. The freedom of America once acknowledged by Europe, no means exist—we do not say of dis charging debts, or fulfilling the obligations of" common honesty, but—of maintaining any pub lic functionaries, of paying troops, of feeding courtiers, of procuring the most common neces saries for the King himself: in short, of carrying on any one department of Government in Spain, but by appropriating those resources which it is the main passion of the men who rule both branches of the House of Bourbon to preserve untouched, amidst univeesal desolation—the estates of the church—to the wants of the suf fering nation. This, we say, is inevitable. If the veil be once withdrawn by a confession that nothing more is to be looked for from America, with the Spanish Church away goes Ferdinand and his brutal system of arbitrary power.— The Constitution of Spain must be restored in principle, though not in form ; and the French in vasion, French boastings, victories, glory, wisdom, and all the rest of it. together with the Holy Al liance councils in which they originated, are held up to the derision of the Old World and of the New !—As for Brazil, we are given to believe that France towards her is willing to recant the errors of which she stands convicted on the ques tion of Spain, and of the Spanish colonies. She would even sign a commercial treaty with these Brazilian rebels ! Austria forgets the Carbo naro in the son-in-law, and looks with compla cency on the insurgent Monarch of Brazil. As for Russian despotism, it is of a nature so high wrought, sentimental, and fanatical, that we de cline even to guess how it may act at such a crisis. Old Ferdinand, King of the Two Sicilies, is reported to be dead, leaving a vacancy among the fishermen and lazzaroni, in the Bay of Naples. His death is, at all events, of no political importance. [AtORNING POST.] French Papers to the 13th inst. and the Eloile of Thursday arrived last night by Express. The latter informs us that Death continues to be busy with the House of Bourbon. Another of its members, the King of Naples and Sicily, has closed 16.3 long and unusually chequered exist ence. Few Monarchs have ever lost and re covered kingdoms more frequently, and with less difficulty than Ferdinand IV. Too weak in arms and resources to direct or even to oppose the course of events, he bent before them as they came, and rose again when they had passed. Possessing a refuge in the midst of the sea, his was a kind of amphibious Sovereignty, which prevented even a momentary extinction of his dignity ; for, when he ceased to be a Continental Monarch, lie remained King of an Island, and unlike his less fortunate cousins of France and Spain, could boast that he had never resigned the sceptre. Of a kind and apparently of a liberal disposition, he did not seek to resist the reduc tion of his power by the establishment of a repre sentative Constitution in both his kingdoms. Ile accepted the institutions imported by the authors of a Revolution unstained with blood or violence, and accepted them with an intention, we really believe, of. supporting and obeying them.— Called to justify his conduct, by a Con gress of Sovereigns who arrogated to them. solves the right of dictating laws to na tions and to Kings, he went, notwithstand ing the infirmities of advanced age, to defend the revolution, at the head of which he had wisely placed himself. But made in some measure a Prisoner of State, by those who pretended to be his friends and allies—compelled to disgrace his venerable age by the breaking of the oath pledged to his people, and consecrated to his God—instead of being able to obtain the bene ficial object for which he consented to prostr,ite the dignity of his station at the feet of a self elected tribunal, he was turned into an bistro . ment of foreign vengeance,, and reduced to appear- to sanction with his name and pre sence the invasion and subjection of his . own country ? Ilis son, who so mag nanimously fought the battles of the Con stitution, and did, every thing in the power of a Patriot to save his fellow countrymen from ,the arms and yoke of Austria, has now passed from exile to a throne. What will be his pre sent conduct it is impossible to anticipate;as he is still surrounded with Austrian soldiers. His first act, as Francis L is not one which can lead to a decisive opinion, as it is merely a Decree, confirming the existing Authorities in their re spective functions. It will be only when his native soil shall be free from the foreign troops by which it is infested, that the sincerity of his regard for Constitutional Institutions can be fairly put to the test. The fact of his coining to the throne is however, we have no doubt, a matter of serious regret to all , the Members of the Holy Alliance. [BRITISH PR ESS.] The Prussians are quite happy that the balance of trade with us, as indicated by the rate of ex change, has turned in their favour, and they enumerate the causes of this change with evident glee. Not long ago they were repining because a contract had been made with Sir NV. Congreve to light Berlin with gas. " By this agreement," exchi►ned they, " we are still further enriching that fertunate island ;" and they seemed almost to repent of the bargain they had concluded for the supply of the light so much cheaper than they had ever obtained it. before. They sus. pected that, by paying less than formerly, they would infallibly become poorer; but now, as the rate of exchange on London has fallen, their feel ings will perhaps be reconciled to their interests. As to our own welfare, we know that if the ba lance of trade be rather against us for a time in Prussia, it will be the more in our favour else where. We have no feverish dread of these fluctuations, and we patiently leave them to find thei own level. Our readers will peruse with great satisfaction the report of the proceedings at Bristol in honour of the Earl of Liverpool and Mr. Canning. The Corporation seized the occasion of their visit at Bath to invite these distinguished statesmen to a public dinner, previous to which the freedom of the city was presented to them. They also ac cepted the freedom of the Company of Mer chants, and received an address from the Cham ber of Commerce. The sentiments expressed by these two eminent members of the King's Coun cils are well entitled to observation. The value and importance of the most liberal principles of commercial intercourse with foreign nations, were never more eloquently or forcibly stated than by the Right Hon. Secretary. The Earl of Liverpool, on returning thanks after the drinking of his health at the dinner, having alluded to the increasing prosperity of the country, to which his Lordship said, without exaggeration, no limit could be fixed, Mr. Canning thought proper to call the attention of the meeting to the frame and substance of the system of government under which we have been raised to such an unexam pled height of greatness and glory ; and in the course of his admirable panegyric on the Consti tution, the Right Honourable Gentleman felici tously introduced a rich compliment to the British mercantile character : " There must," said he, " be something peculiarly good in the elements of a Constitution which produce such effects. I think those elements are to be found in an enlightened and liberal Nobility, an active and upright Magistracy, and an able, zealous, and conscientious Clergy. They are also to be found in those enterprising commercial communities of this country, which encourage the skill and stimulate the industry of the people, by ample remuneration. It would appear that the whole machine of society has received an accelerating im pulse. and that this country is beginning a course of pro sperity which shall exceed all that has gone before, as much as the present exceeds all past expectation." Such entertainments as these are not vain cere monials. They are peculiar to this country, and they form part of those political excellencies which have insured it the high destiny that be longs to it. In England only can be found that happy mixture of the pride of birth, the dignity of rank, and the lustre of talent, which is esser tial to the construction of such a fabric as we live under.—(lbid.) rtiEW TIMES.] The speeches of Lord Liverpool and Mr. Canning at Bristol will be read with deep in terest by the public at large. This is the first occasion which either of those great Statesmen has had to deliver his sentiments in public since the recognition of the South American States ; and some curiosity, perhaps we might add some anxiety, was felt to know whether that event had left on the minds of either Minister any impression of doubt as to its eventual result. If such doubt had existed in the mind, it would have betrayed itself more or less distinctly in language. We should have found some back wardness in speaking of the probable continu ance of peace—some want of confidence in the duration of our present prosperity—or, at all events, some hesitation to encourage hopes that that prosperity would advance beyond the limit which it has already attained. But, upon pe rusing all thee speeches made by the Noble Earl and the Bight Honourable Gentleman in the course of the day, we find that they studiously introduced, and forcibly stated their intimate persuasion that the country is but enter ing on a career of greatness, which bears every indication of being altogether unparalleled. " It would appear," says Mr. Canning, " that the whole machine of society has received an accele rating impulse, and that this conntry is beginning a course of prosperity which will exceed all that has gone before, as much as the present exceeds all past expectation-i." We stated on Thursday some facts, which prove incontestably the pre erninentsuperiority of England in capital, industry, and enterprise ; and had our space permitted, we should have gone on to shew that the Constitution of this country, as it has be en the main cause of our attaining our present eminence among nations, so it affords us the best security for maintaining that ascendency. We have many advantages ; we are of a strong and active race ; we inhabit a temperate climate ; we possess a soil of moderate fertility ; our maritime situation, is admirably adapted for war and for commerce ; our I►abits are those of industry and of economy ; but it is our Constitution which gives to these and all our other blessings their greatest weight and efficacy—and it does so, not merely by means of Freedom, but because its Freedom is dig nified and adorned with rank and power, and because its moral principle is interwoven with Religion. It is this Constitution, stand ing midway between pure Republicanism and pure Monarchy, which gives us the right and the power to resist the excesses of both. The middle ground which we thus occupy cannot be maintained without the hap piest mixture of firmness and moderation : it re quires talents of a rare and inestimable cha racter in the Government ; it requires in the Sovereign a high degree of public virtue.— The Members for Sornersetsl►ire bore testi mony to the satisfaction of their Constituents at the conduct of I►is _ Majesty's Ministers ; and we need scarcely add, that the sentiment pervades the whole country. Still less is it requisite for us to re-echo the applauses which a grateful nation bestow on the Monarch whose reign has been crowned with so much real glory. We have heard that his Majesty intends opening the Session'of Parliament in person, his health being quite competent to the fatigue of that exer tion. Should he be able to carry his gracious in-, tentions into effect, he will have to announce from the Throne prospects of national happiness and glory most gratifying to his heart, and most cheering to his People. [MORNING CHRONICLE.] Our readers %$ ill see from our report of a ca3e, Duncan v. Trend and Others, Proprietors Of The Morning Advertiser, tried yesterday iu the Court of King's Bench, arising out of the report that formed the subject of the action against Me Morning Herald, in which the decision was given by the Court that has given so much uneasiness to all lovers of a free Press, and enemies of Magis terial oppression—that notwithstanding the Lord Chief Justice, in his charge to the Jury, stated, " as far as his judgment went, he was decidedly of opinion that their verdict must be given for the plaintiff," the Jury, without quitting the box, and after a consultation of only about three minutes, returned a.verdict for the defendants.— Mr. Brougham made an admirable speech on the occasion for the defendants, which enabled the Jury to see pretty distinctly the real merits of the case. The English Law is very fastidious with regard to what it will allow to be stated in evidence ; and there being no justifica tion entered in the case, the alleged libel was of course to be presumed to be a false account of the proceedings which took place at Bow-street, the circumstance of the justification of the Morn ing Herald, that all the world knows, being a mat ter of which all in Court were to be kept perfectly ignorant. Mr. Brougham, however, contrived to introduce that justification, and to him at what things were practicable, under a system of law like ours, in his very significant comment on a complaint of the Attorney-General, " that no means had been taken by the defendants towards entering into inquiry relative to the truth which Mr. Duncan was so eager to have investi..'ated— so zealous in complaining that he had had no op portunity of justifying his conduct, because no bill of indictment had been preferrred against him." Very strange certainly does this seem, but very strange things take place in London every day. " The greater luck was his, said Mr. Brougham, that a year and a half should be allowed to elapse, but for this neglect many reasons might be assigned. One of the parties bound over to prosecute was a near relation to the plaintiff% means might have been taken to prevent the Chandlers from prefer ring their Bill; in short, there were a hundred causes from which it might have arisen, but there was one from which he was sure it did not spring, and that was from any fear on the part of the prosecutors, from the consciousness of their case being framed in malice; he felt sure that it could not be a scheme of malignity against this much injured man, this suffering Attorney ; it could not be so ; for if Duncan had felt the whole to be a bottomless slander against his character, if he knew that the accusation had arisen from the malice of these conspirators, he likewise must surely know that the Law would, in such a case, step forward to assist him, and to enable him to gain redress. Had he known such to be the case, it would have been his bounden duty to have pro., ceeded in this Court by indictment, to have gone before the Grand Jury with an indictment against the false accusers, that he might have tendered his own evidence on oath; but he had done no such thing." __ _ • _ _ _ __ _ But, leaving the plaintiff in the position► in which Mr. Brougham has placed him by his powerful argument and keen sarcasm, we turn to the re sult, and we must say that it has given us very great satisfaction. It affords an earnest too that in this great struggle between the organs of the Law and the Press of the country, Juries, as far as they may be concerned, n ill not be found wanting. Mr. Brougham called upon the Jury, " in dealing out justice between the parties in this case, to keep constantly before them the great purpose of giving forth the news of the day for the Public Press, by which means a person accused and the world were brought in contact with one another." —lf the doctrine of the Judges of the Court of King's Bench were to be acted on, every Magistrate's proceedings would necessarily be enveloped in secrecy, and persons accused and the world would be brought in contact with one another for the first time on the day of trial. We tremble to think of the multiplied mischiefs which would thereby he inflicted on the country. We trust the verdict of this Jury will serve to stimulate the conntry to make exertions corre sponding to the urgency of the occasion. This metropolis would become a sink of iniquity, were it not for the dread of exposure in the Reports of the proceedings of Police Offices. The Press, and the Press alone, prevents the existence of numerous offenders, who, emboldened by secrecy, and the hope of afterwards arranging matters, would soon set every thing like decency at de fiance. LMORNING nEitAr.n.] Extract of a letter dated Madrid, Dec. 30, 1824:—" A struggle for predominance between the members of the Cabinet still continues.— Messrs. lea, Bermudez, and Ugarte still con tinue to act in concert, notwithstanding all the efforts of the anti-moderate party to divide them. It appears that in Valencia the Clergy are not in the fullest odour of sanctity with the Autho rities and the inhabitants, for Gen. Bassecourt has fonnd it necessary to address the following circular to the Governors and A lcaldes The frequent and unheard-of vexations in flicted upon the Ministers of the Altar by some subaltern Authorities within my juris diction, and the little respect shewn to them, as well as the shameless infraction of the religious and wise Laws of our Catholic Monarch, who peculiarly protects the Ecclesiastics, have filled my heart with bitterness, and excited in me a zeal for the just cause of God. In consequence I feel myself bound by duty to make known to you these sentiments, in order that you may turn more particularly your attention upon a sub ject that interests so materially the cause of mo rality arid observance of the laws, and that you might make known to all the Authorities within your jurisdiction that I shall punish with .the ut most severity every disrespect shown to, or in jury inflicted upon the Clergy, which I consider one of the deepest of crimes, because it directly attacks the most august portion of our re ligion You will also receive from these Authorities an acknowledgment of having received this Circular, which you will transmit to me.' General La Serna, in his last dispatches to the Government here, most earnestly demands that there should be sent to him as many officers, up to the rank of Captain, as can be obtained. In consequence the Government has called upon the officers who have served in th e C o U st i tutional army to resume their rank (f or th e purpose of going to South America), without b e i ng subject ed to the usual preliminary purification. But as these officers have not answered the call, the Government, in order to compel them to come u e t a i furlough, are o forward, has ordered th e P o li ce i n the principal towns n w t . l r ia tt here these es ead officers, fi tid son q l means Itratesd of gaining a livelihood, to, deliver them passports, and force them to quit these towns, and return to their na tive villages ? where they must either starve or en rol themselves for the American service. It is, I impossible to express to you what a panic seiliel the partizans of the absolute King, on the slightestt rnmour of the landing of the Constitutionals, 01. the appearance of a Guerilla. While 0 1 rumour lasts, they look as down-hearted and alarmed, as they were before haughty and how lent. Such has been the case within the last few days, from its being rumoured that a for' rnidable Constitutional Guerilla had shown itself in the neighnurhood of the capital, but whic4, o turned out to be no more than a troop of a dozer robbers, who had plundered some muleteers' The new method of exacting the payment of the taxes has occasioned serious troubles in some 0 1 the provinces. The inhabitants of several villages have absolutely refused to pay. Mill' tart' force has been employed, and several vil; • lagers committed to prison. ft is worthy 0' remark that the most obstinate of these non' payers of taxers belong to the Royalist volull' , teers. Since it has become known that hospita' lily, protection, and perfect security of persoe and property are afforded to all Spaniards who take refuge in the towns occupied by the French, a great number of families have quitted the capital, and several others are preparing to follow them to Barcelona, Pampeluna, Ca' diz, &c. At the lait meeting of the heads 0 1 the Clergy, in the Convent of Mercy, for the per , pose of appropriating a part of the revenues to the neces,ities of the State, difficulties arose, which scarcely leave a hope of any succour from that quarter, for it appears that, although the Clergi . are authorised to levy the whole tithe, yet the! receive scarcely two-thirds, either in consequence of the non-payment by the farmer and peasants, or the negligence and dishonesty of the col' lectors." LAW INTEL LEGENCE. COURT OF KING'S BENCH, JAN. 14. (Sittings in London, before the Lord Chief Justice and Special Jury.) PUBLICATION OF POLICE REPORTS. DUNCAN V. TREND AND OTHERS. This was an action against the Morning Advertiser, simile { to that brought some time since against another Morning P a per? for publishing a report of proceedings in Bow-street Police; Office, in which the plaintiff; a Soli c ito r b e f ore th e C our t 0` Chancery, was charged with an indecent assault upon a young girl. - Mr. ATTORNEY-GENERAL—The plaintiff, a young matt+ brought this action to vindicate his character, and to obtain. damages for a libel of t h e grosses t na t ure . Ch aracter was of peculiar value to a solicitor. The defendants were printerf: - publisher, and proprietor, of the Morning Advertiser. 'l' he public press was a most powerful engine either for good or' evil. The proprietor, unless he gave up his author, was a l responsible as if he were th e au th or . Th e lib e l cons i s te, , of a professed report f ro m B ow - s t ree t. I t h a d b een d ec ided over and over again, that if any libelous reflection upon an • dividual appeared in such report, the party was amena bl e t o die • law. The libel began " Bow-street—a scene of depravity."."'-! , (The Learned Gentleman read all the particulars of the 600 1, of attempted rape upon Ann Chandler, a girl of 13 years of age , whose mother lived in Middlesex-street, Somers Town. Th e . plaintiff was stated to have denied the greatest part, to have pleaded intoxication, and to have given bail for 200/.)—TO publication made no mention of the plaintiff's name, but the publication of the 16th July did mention his name. If a junta' fication had been pleaded, every part of this would be proved t° be false. Mon e y cou ld not repa i r wounded: honour, but di e amount of money was the only evidence of the opinion enter' tainett by a Jury of the injury done to character. Evidence having been examined to prove Mr. Duncan's re' : spectability, anti the publication of the libel. Mr. Moue: Ham addressed the Jury. It was every evidc o why evidence was not given more fully upon the point jot - decided. Plaintiff d urs t no t ca ll any c l er k o f D uncan ' s , 0' any person who could disclose the truth of this action. Til e • alleged libel was as true and correct as decency permitted. In another action a justification was entered, and therefore the plaintiff had no intention in this world to bring it to trial. IR: cause no justification was ent er ed h ere , t h e p l a i nt iff hoped _t," get a verdict, and to pocket the co s t s o f th e act i on . He agree': as to the evils of the pre ss wh en w i e ld e d b y i mpure b an d s , °' directed by malice and falsehood. Scourge was not too strong ,1 word, when perverted to p ur p oses o f pr i vat e sp i te, to het' up virtuous characters in colours that do not belong to thetil: But was this case of s u c h a d escr i pt i on ? Thi s man o f par" character, who could never excite a blush in the face of inn° . cence, " the defendant, denied the greater part of the chartye , but admitted that he might h a v e b ee n a littl e i mpru d ent . Pa was a little elevated with wine." In the morning ? If I , e regarded character, if he regarded his d amage i ; hi s d ama ge' as his own client, his costs as his own attorney, could any thing be more important, could any thing be easier than to prove a this a fiction ? But there was internal evidence of the truth! There was internal proof that there was no ma li ce . A t firs' no name appeared. Not till matter s assume d a perma nent shape, and parties were bound over to prosecute, then the nalo was given, but not one observation upon the charge, either og way or another. It was evidently th e re p ort o f one i n th e discharge of his duty, and w r itt en w i t h a ll poss ibl e cacy. The observations to discredit the girls were all t", favour of Mr. Duncan. Th e y were i naccurate , b ut t h ey w et' all in favour of Mr. Duncan, and a b a d ge o f i nnocence o f i n cest tion. It was an abridgement, as stated by Mr. Attorney', General, but the details were t oo disgusting. What had take" place was put in language as chaste, in a manner as decorou g t above all, as favourably to Mr. Duncan, as it was possible! He could if he indicted for conspiracy or perjury, have el; plained how this res p ec t a bl e S o li c i tor came to b e e l eva te' with wine in hi s c h am b ers i n t h e morn i ng. If h e did not , choose to prosecute criminally for th e v i o l a t e d l aws o f country, he might bring a civil action for arrest and false • prisonment. But he did nothing of this kind, but brougi" this action rather than one where justification was enteredl because it was not a fiction—because there was no ma li ce , aP no misrepresentation. Now he would advert to police r eport' ing—a subject of the utmost importance and delicacy. At ttl ° time of this publications, there was a general —an almost unt' versa( belief, that there was a right to publi s h proceedings a public police-office. In consequence of p r o cee di ngs brougt e ; i by this plaintiff; the question came b e fo re th e Court oficril Bench on the pleadings in the action against the Morning 0 4 ' raid. So far as he understood it, the decision of the Court l'il unfavourable to publication. But it was a ques ti on of gre° difficulty ; it had not before been so d ec id e d, an d an o pinio o prevailed that the reporter, as one of the public, had a right 10 publish the proceedings. This opinion was generally enter'. tamed in Westminster Hall. When this publication took plate', no such decision of the Court w as g i ven or anticipated. Wit" all due deference to that decision, given after much consider*: tion, he would take l e a ve t o sa y, th a t, notwithstanding tll public were enlight e n e d by th e d ec i s i on o f t h e C ourt, and tp"_,., grounds of it, their opinion of th e use f u l ness o f th e publicadw of police re p or t s was no t on l y not c h ange d , b ut i t was rat .• strengthened. Still it was the opinion of many in Westniir l. ' ster !Tall, that such publication was legal as well as salutary.. *The decision of their Lordships too was i n course of heirtv' brought under the review of a higher tribunal. In conclusioe , he begged the Jury to keep constantly in mind that this'actie ° was brought by the plaintiff in preferenc e t o one i n w hi c h °; justification was pleaded ; that it was on e o f m a ny actions 0 • which he was his own attorney ; and that there was no Inaliee' no falsehood, no misrepresentation, on the part of the LW' fendants. The LORD CHIEF JUSTICE summed up. When no just: fication was pleaded, it was admission that the matter of the libel was not true. The defendants might hav e pl ea d e d t h a t t% statement was true, or they might h ave pl ea d e d t h at i t wa s correct report of proceedings at Bow-street, which was a very di': ferent plea. His Lordship expressed great satisfaction that the decision of the Court of King's Bench was in a course to be brought under the consideration of the House of Lords. Ti l „ ° expression—" Scene of Depravity," was not a re p or t, but a",, opinion of the reporter. It could no t h e ascertained that It was in the morning the transaction t oo k pl ace . I t was scarcel,: contended for the defendant that the verdict must go agains t him. The damages were for the Jury. Ile would say, as o ; all other occasions, let their verdict sa ti s fy th e P u bli c t h a t " was unbiassed, moderate, and temperate. The Jury turned round for fire minutes, and then returne d their verdict for the defendants. Mr. HoLT was with Mr. Bitouote mat fur the defemiant. cox v. icEaN. It is understood that this cause will certainly corns on OP Monday. Printed and Published for the PROPRIETORS, at the SU I " OFFICE, No. 112, 4itra,ntl, by J. B. CARSTAM6.