The Express.
London, England, 1865-02-25 00:00:00

gat enartos.

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MAJIBTIr&
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Commence at &

ZATIIAZZIEL •
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DAVID GARILICX.—LORD DUNDIZAZY MARY= AND
DONZ Mama Batboys. km d. sad Backstops; Itbs
Snowdon.—And PRINZ= BBEINCITIIII. liz. Compton.

111.1N0M8a'1
Tins Imam*. THE MAGIC NOM AND THE ICE MAIDEN
PRINCEBB.-1011 THE drains OF LONDON. Messrs. Yining,
J. W. say, 0. Hale. D. Murray, J. Nelson. M. Forrester, sod
H. Masa ; Mrs. H. Mantas. Moss Beratti sad Owymic

ETWIThe, Slt hONAND co. Mr. Emery and Mies
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And TWO IN THE MORNING. Moon. Wlddlcomb and Lamy.

11111TANI!A.

tuts minim Twzirr-- STRAW& —And LITTLE RIMY
BEE : or, the Old Lady of Threadneedle-street. Mesdames
B. Mlles mid Esther lecohs ;..11r... 0. Birrood. First-rate

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too Vo- Maim 1111m.....Aftbrarm" lb. am
glgansing Th. IDG.....AAITnisea. 11Is.

LONDON, SATURDAY, FEBRUARY 25.

Or Law of Libel combines the broad principles
of a rude state of society with the subtleties of
legal refinement, and applies both under rules

which were framed in contemplation of a state of
society when neither newspapers, nor public meet-
ings, nor public opinion, existed. Thus it happens

that we ;till retain the distinction between written

and oral defamation, and punish a man for a letter
or a caricature shown to a few friends, though the
same words said in a great assemblage would not
support an action. Nay, we even carry the matter
. .

further, and allow criminal proceedings to be taken
for a letter never shown to anybody, and therefore
incapable of doing damage, on the suggestion
that it is a provocation to a breach of
the peace. Innumerable such anomalies lie as
stumbling-block. in the way of the law, and we
therefore see with pleasure that Sir Coitus
O'LO4BLES has brought in a short Bill for removing
such of them as are most glaring and most
obstructive to the public advantage. For it is
certainly no less for the public advantage that the
truth should, in matters of general interest, be
made known without fear, than it is that in matters
of mere private concern every one should be able
to invoke the shield of the law against injurious
calumny.
The first point which Sir C. O'Loontr.r proposes
to deal with is the procedure on criminal indict-
ments or informations. These are founded, as we
have observed, on the theory that the libel com-
plained of is in some way contrary to the public
policy or inimical to the public peace, although it
may happen to be of such a nature as would
obtain a remedy quite as effectually by mere civil
action. But the motive in the prosecutor to adopt
this form of procedure is often strong. As it is
of a quasi public and criminal nature, the mere
truth is not of itself a justification, though Lord
CAMPBELL'S Act allows it to be pleaded if at the
same time it can be shown that it was for the
public benefit that the matters charged were pub-
lished. But in any case the defendant cannot be
examined as a witness. And, besides all this,
there is the satisfaction of knowing that, if con-
victed of maliciously publishing, the defendant may,
besides being fined, be imprisoned for two years if
he knew the libel to be false, and for one year
even if he believed it to be true. All these
are obviously in many cases unfair and harsh rules.
And Sir C. O'Lontiterr, therefore, proposes to
confine in future the cases of proceeding by
criminal indictment or information to those in
which the protection of the criminal penalty
may be properly invoked by making the
prior consent of the Attorney-General ne-
cessary. The defendant is to be made compe-
tent as a witness, as he would be if the action had
been at law. These are changes which are obviously
demanded by justice and common sense, and they
certainly do not at all tend to withdraw any due
protection from either private character or the
decency of society.
The next branch of the Bill applies to civil as
well as crimival proceedings. We have observed
that the law makes many matters actionable if
published in writing or printing, technically called
•` libel,"which are not actionable if merely spoken,
and thus amounting to what the law calls slander.
Speaking generally, nothing is actionable as slander
unless it charges a criminal offence, disease, pro-
fessional misconduct ; or unless, though not falling
under these heads, it can be shown to have done
some special injury. But libel is of a wider scope.
Whatever is injurious to a man in any capacity,
or disparaging to his character in any re-
lation of life, amounts to libel. The distinction
has arisen from the theory that what is spoken is
more vague and less deliberate than what is
written, but it is commonly justified by the pro-
position, that what is spoken is evanescent and
limited in range, while what is written not only
remains indelible, but may be disseminated far
and near. There is, however, one °sae in which
modern habits have rendered the distinction the
source of public injury. Words spoken at a public
meeting have, if they do not amount to slander,
publicity without responsibility. But at the same
time, however important to the public, they caw
not be reported if they would when printed mem*
to libel. Here there is a double evil. A man's
character may be taken away without rented; by

TEE E:

words uttered in the presence of all his toe
➢ut charged which it is of the lest imports
public outside should know, though spoken

cannot be reported in • newspaper 11IMPS elk)
tailing liability to an action on the Propriosierit
Statement& made at a railway or bank meeting,
which are of interest to the whole body of the
shareholders, and to the public itself, must be sup-
pressed in the report, said remain unknown
save to the few persons who chanced to be
present. It is obvious that this is an evil calling
for remedy. Sir C. O'Loewract propene@ to adopt
the true one, of making • speaker " at every public
" meeting lawfully assembled for a lawful purpose,
" open to reporters for the press," responsible for
all he utters, and which is reported, as fully as if
he had written it, while he will allow the news-
paper which reportsit to plead as its defence that
the report was tens, and was published bend fide
and without malice in the ordinary course of busi-
ness. But the newspaper is also to be bound to
publish, in a place as conspicuous as the report,
and immediately on its receipt, such explanation
or contradiction of the alleged libel, of not unrea-
sonable length, as the aggrieved party may trans-
mit to it. These provisions are sufficient to secure
fair dealing, and a fair bearing to every one ; and
while they will relieve us from the pitfalls of the
law, and enable ns to give to the public information
which materially concerns it, on the authority by
which such information is attested, they will pro-
tect individuals from oral attacks on their charac-
ter, such as the speaker is not prepared to stand
to in his proper person, and at the same time
secure full opportunity for public refutation to all
who are unjustly attacked.
With • view to render the administration of the
law leas rigid, Sir C. O'Loonitax offers a third sug-
gestion. It is well known that juries often wish,
though they are bound technically to find for the
plaintiff, to mark their sense that essential justice
has been rather on the defendant's side, and that
the action has been vexatious. They are to be
allowed to do this by the introduction of the rule
that a verdict of 20s. only shall carry costa, not for
the plaintiff, but for the defendant, while, unless
the verdict is above 405., the plaintiff shall
not

_ be entitled to receive eosin. This also
seems • proper and useful alteration in the
law. It is impossible, in eases which depend so
greatly on secret motive for their character, that
the law should be able by an unbending rule to
measure out universal justice, and it will be useful
to confide to juries, acting under direction of the
judge, some power of reconciling strict legal rule
with substantial equity. Private character in this
country has happily the whole strength of public
opinion for its defence, but fair criticism and ho-
nest information should not be made to suffer be-
cause • sharp attorney can find a flaw in its verbal
accuracy.
Finally, it is suggested in the Bill that publica-
tion in the bond fide belief that the matter stated
is true, and without defamatory intent, and with •
lawful object, or as a fair comment on a matter
of public interest, shall not be actionable,
unless actual damage, or probability of damage,
is proved. This is an extension of the rule of
privilege which at present protects reports of trials,
and fair comments upon them. And as no evil
consequences have followed from allowing this
latitude as regards judicial proceedings, there is
no sound reason why it should not be extended to
other matters. The true issue will then be raised
whether • report and oomment are honest and
fair, and on a matter of public interest. If they
are, the public ought to have them ; if they are
not, a jury may be trusted to punish the calum-
niators. The whole question, indeed, affects the
public first of all, whose interests are concerned in
full discussion and frank comment on public
matters. Authors and the periodical press have
no other interest than to be able to give safely
what the public is entitled justly to require.

, . RA • .TABI • -t
oast; ocetaaerealbeirt) k.
PARId47luoAr Worm.
" The ens • journ appear to amuse themsellees
by making a mystery of the reason why MM. Ernie
011ivier and Darimon are dissidents from the old
"five," and not on terms with the larger number
of the present Opposition. Every writer professes
to know why, but will not say, and taunts his
adversaries with not daring to speak the truth. It
is really &curious situation. These two gentlemen
are not inaccessible, and are not—or at least, as I
have the best reasons for knowing, were not re-
cently—reticent of their opinions. The great
secret must, in all likelihood, be in the
possession of very many persons, and yet
somehow or other it will not find its way into
print. IL Emile de Girardia, the doughtiest
champion of 011ivier and Darimon at this present
writing—albeit an ally so dangerous that they
know better than to rely upon him from one hour
to another—makes this point in the Freese this
evening, that it is untrue, as alleged by M. Peyrat
in the demi+. Nation 4 that M. Darimon, in being
elected as secretary of the Corps Legislatif, has
been " suddenly " " honoured by the favours of
the majority." K de Girardin calls to mind the fact,
which really was lost sight of, that M. Darimon
only missed being secretary last year by
eight votes. Then his old friends who this year
voted against him voted for him. M. de Girardin
with mock solemnity "summons" all the opposi-
tion journals of to-day to state the reason, but he
offers no information himself, althougl., as M. Dari-
mon is ou the staff of the l'resse. nobody could be
in a better position to enlighten the public than M.
de Girardin. He, however, despite his professed
love of outspeaking, sinks this fact that last
year M. Darimon was nearly being elected in
obedience to an old parliamentary tradition,
which the " majority " then felt qualms about, that
one secretary at least should be chosen from the
ranks of the opposition. Now, whatever may be the
recondite and complicated motives which led to M.
Darimon's election, there can be no pretence for
saying, as M. Girardin's argument would insinuate,
that progress upon last year accounts for the choice,
because on this occasion M. Darimon represents
the majority exclusively, all the members of the
opposition (except possibly M. 011ivier, of whose
vote I see no mention made) having voted against
him. The last letter of a long correspondence
on the above matter is from the deputy Maim
Bizoin, who, admitting to the letter M. Darimon's
exception that he has no "writing" to show, and
that he was not an official messenger of M. Marie,
because between colleagues nothing passed but what
was confidential and friendly, maintains his
original assertion that if M. Darimon and M.
011ivier abstained from attending the meeting at
M. Marie's, it was their own fault, and adopts the
suggestion of M. de Girardin, that in spite of a
misunderstanding, their votes will be of the same
odour as heretofore in the Corps Legislatif ballot-
box.

The Bourse was steady with but very little
speculative business doing. A good many pur-
chases for investment in the Reute gave an im-
petus to all securities producing a fixed and
certain income. Money continues to be very
abundant, but holders are singularly indisposed
to risk it in doubtful concerns. Bente rose 10c.
both for cash and account, closing at 67fr. 55c.
and 67fr. 50c. Mobilier rote 7fr. fiOc., a small
recovery after the late great fall. There are, how-
ever, many believers in the influence of the
Pereiree to bring up this security to a high figure
to the great discomfiture of those who have been
speculating upon a recent lawsuit. There is very
little change in railway shares. Mexican is heavy,
without any marked alteration.

WEATHER P.EPORT.-(THIS DAY.)

earrapar. IiBROART li6 • I.N.

B. T. W. 11.1/51 Lk. 1 K. B.
-......-....N.A. :
12--1_ ——— —1
29.978 N.W.
3 W. 2 4 W. o 0.15 1
Aberdeen 0740 W.S.W. 3 5 W.B.W. be - 3
Leltk ,80.47142 B.W. 2 6 W.N.W. o - 1
Ardroseas 30.12143 N.W. 4 6 N.W. re - I
Onosseadlo .1841 W.B.W. 1 6 W. re 0.18 1
cape Our 116.31:441 N. 8 8 W. lab -' 3
Iso
Liverpod 4..19 41' W.N.W. 4 5 W.N.W., a,-' 2
11013tood VA? 44 W.O.W. 4 6 W.N W. b' - 2
hemmed) 80.34 441 N.N.W. 3 N.N.W. Icb 0.25 8
Beost„ 10.32 46 N. 6 W.N.W. the 0.20 0
L'Urtoot 80.2445 N.W. 4 N.W. 1 e o._i 4
Bech•fort 10.26 4.1 N.W. 5 S. rb 004 A
Plrocoaik 30.131 44 N.W. 1 N.N.W. b 0.35 3
Weymouth 701341 W.N.W. 3 N.N.W a 0.41 3
Pcelasosii 30.17118, N.N.W. 2 S.W. re 0.53 1
Loudon 30.14 BO N.W. 2 B.W. re 0.40 -
Dover .. - -I - -I - - - - -
Torieselk 30.00 35 N.N.W. 4I 8 N. rb 0.60 5
Searbaraeopla 86.0640 W.N.W. 1 . 3 W.B.W. eb - 2
Ilblei6 . - 8011 39 N.W. Il' 6 N.W. 1 b - 2

, SATURDAY EVENINI