The Sun.
London, England, 1830-01-16 00:00:00

jr *tin,

LONDON,
SATURDAY EVENING, JANUARY 16, 1830.

Despatches were received at the Colonial
Office this morning from the Governor of the
Mauritus, dated the 15th Dec., and also from
Bermuda.

The Messenger despatched to the Duke o
BUCCLEUGH returned to town yesterday from
Dalkeith House.

The Right Hon. CHARLES GRANT arrived
in town last night from Italy, much recovered
in health.

The Marquis of CHANDos arrived in town
this morning, at five o'clock.

The report in the city yesterday with reference
to the price at which the French loan was taken
was not correct. The price at which Messrs.
RoTnsciuLD were declared the successful can-
didates was 102 f. 7-!,c. The other parties bid
97f. 55c. 98F, and 1001. It was on the 12th, in
Paris, at a premium of 11. per cent. The fol-
lowing, from our Correspondent, enters more
into detail : •

" PARIS, JAN. 13.

" As I mentioned in my letter yesterday, the
new French loan has been taken by the Messrs.
Rothschild at 102 francs, 7-1-, centimes. The
other bidders were M. Aguado, 97 francs, 55
centimes ; Messrs. Mallet 98 francs, and the
Company of the Syndicate of Receivers-General
100 francs. By a strange inadvertency, the
sealed proposal of the Messrs. Rothschild had
been given in without being signed, and as their
offer was the last that was opened, the omis-
sion on their part, and the great difference
of two francs 72 centimes, between their offer
and the next in succession, amounting, on the
whole loan to 1,600,0001., became immediately
apparent ; but the Receivers-General, who were
the next in order; could not well insist on their
right of preference, to the prejudice of the
public interest, and the Rothschilds were of
course quite too spirited to think of availing
themselves of the extraordinary disparity in
the proposals for the purpose of cheapen-
ing their bargain. On every former occa-
sion, I understand that similar proceed.
ings have taken place in this country by
means of open competition, and not, as in
this instance, by sealed offers, a mode which, it
is said on the Exchange, is not so well calcu-
lated as that which resembles an ordinary auction,
to produce the highest price from bidders in this
country. By taking into account the deferred
periods for the advance of the capital the present
value of the loan is, reduced to 101 f. 4c.—,
and it follows that the State has succeeded in
this instance in borrowing at a rate of interest
something under four per cent. per annum ;—I
believe exactly three francs 96 centimes per cent.
The premium on the Loan has already been as
high as 1i per cent., and I understand on 'Change
that a large proportion of it is already in the

hands of English capitalists. It is generally
understood that a plan is in progress, and will
speedily be produced, for the extinction of the
French Five per Cents., in ten successive series
of annual payments, so that the last will not be
refunded for ten years to come.

" PARIS, JAN. 12.

" A further modification of the French Ministry
is at this moment the subject of anxious discus-
sion in some of the best informed circles of Paris.
Those who conscientiously believe that the pre-
sent Cabinet cannot stand before the Chambers
for a moment, and who yet entertain some sen-
timents of respect for the personal character of
the Prince de Polignac, are disposed to believe
that the Premier would gladly rid himself of
General Bourmont and M. de Ranville, who are
regarded on all sides as sources of weakness
rather than of strength ; and it is even thought
that he has not abandoned the hope of prevail-
ing on M. de Martignac and M. de Roy to join
his administration. Other reports, which are
not entitled to- the same degree of attention,
speak of the retirement of Messrs. Courvoisier
and de Chabrol; and some have even gone so
far as to say that, instead of strengthening his
government by the accession of men of more
moderate principles than himself, the Minister is
about to call in the aid of some of the most vio-
lent of his own party.
" In speaking of these reports, the Gazette
takes care to lump them together, and then ob-
serves, that the false and the true have been con-
founded, and that those with whom the rumours
originated have often given their own conjec- •
tures for realities. The Ministerial journalist
concludes, however, with an observation, which
appears to me to amount to an admission, that
some further change is about to take place, espe-
cially when it is seen with what industry and
pertinacity he traces out and contradicts every
similar report, which seems at all to affect the
stability of the cause which it is his business to
support.

" < Whatever may happen,' he adds, and if
" the Ministry has occasion to modify itself,
" it will only be on the side of the Royal pre-
" rogative, and for the sake of strengthening
" it against the attacks to which it is exposed.
" The Ministerial system is distinctly traced,
" and will not be changed. It is the cause of
" Monarchy against revolution.'
" In this country, as in England, the message of
the President of tl•he United States of America,
was looked for with some curiosity as the first
distinct intimation of the system of his Govern-
ment, and it seems now to be admitted that when
General Jackson was accused of entertaining
sentiments inconsistent with general tranquillity,
he had become the object of unjust attack ; or at
least that in a country where public opinion and
public institutions have so much weight as in
America, it is not safe or easy for any public
officer to act on principles inconsistent with
those of the great mass of his fellow citi-
zens. It was to be expected that the amour
propre, for which the French as a nation
are so remarkably distinguished, would be
sensibly ruffled if not seriously roused by the
manner, approaching to menace, in which the
word collision is employed, as a contingent re-
sult of the pending negotiations between France
and America. In alluding to this part of the
message, the Quotidienne of this morning does
not attempt to disguise the feeling of soreness
it has occasioned. The unwelcome observations
are not merely characterized as exceptionable,
but are denounced silly bravadoes, addressed
by the reps esentatives of North America to France,
their benefactress.' You are aware that the claims
of America on France originate in the losses
sustained by the mercantile interest of the United
States, in consequence of the proceedings
adopted by France under the famous Berlin and
Milan decrees. The justice of these claims is
not, I believe, disputed in this country, but a
counter claim has been raised on the basis of the
treaty for the cession of Louisiana to the United
States, under which, it is said, that the latter
had promised commercial advantages to France,
which have not since been realized ; but, it is
contended, that America, on the contrary, has
concluded various treaties with other States of
Europe, in which she has granted to these
States advantages superior to those which
were promised exclusively to France. This
they say, in a settlement of pecuniary dif-
ferences between the two countries, should enter
into the general account ; but the Americans are
understood to contend that their claims are of a
nature so well established and defined, as not to
be liable to be compensated by the vague and
unintelligible plea which is thus set up on behalf
of the French Government.

" Those clauses of the Message which relate
to the tariff were expected to be of a much more
decided character than they have proved to be.
It is known that the northern and southern
States of the Union are much divided in opinion,
as well as in interest, on the subject ; and so
much has it been regarded as a matter likely
to be of serious consequences, as to have pro-
duced a report in Paris that a project was on
foot for breaking up the American confederacy,
and dividing it into four independent Govern-
ments. But although there has certainly been a
great deal of bad blood on the other side of the
Atlantic on the subject of the prohibitory duties
imposed by the tariff, yet I should think that
Jonathan's good sense, and his determined na-
tionality, will prevent him for a long while to
come, from throwing away the advantages of his
relative strength and preponderance in the scale
cf nations, because he finds a temporary diffi-
culty in the fiscal arrangement of his domestic
concerns.

" At yesterday's meeting of the Academy of
Sciences, a comparative statement of some in-
terest, on the subject of the variations of the
temperature in Paris and Toulouse respectively,
during the late severe weather, was presented to
the Academy, as the result of the observations
of M. Mathieu and M. d'Aubuisson, from which
it appears, as you will see from the subjoined
note, that the cold has this year been more in-

tense in the South of France than at Paris. The
observations are marked of course in both cases
by the scale of Reaumur.

PARIS.
Weather. Temperature.
deg. min.
December 26 Dark
27 Clear 12 7
28 Ditto 14 5
29 Cloudy l3 2
30......Ditt0 10
31 Ditto 3 9
January 1 Clear 11 5
Dark 2 3
3 Ditto 0 3

TOULOUSE.
Weather. Temperature.
deg. min.
December 26 Snow• 9 West.
27 Dark 12 2 ditto.
2h Serene l5 1 ditto.
29 Ditto 13 ditto.
30 Ditto 13 3 ditto.
SI Ditto 93 S. E.
January 1 Cloudy 93 ditto.
2 Dark 62 West.
3 Ditto 58 ditto.

" I have just learned that the new French
loan of eighty millions of francs at four per cent.
has been taken by Rothschild at 102 francs 7
centimes."

It is gravely asserted, by some English Law-
yers, of the system of special pleading, that it is
a perfect practical application of the rules of
logic—to which Mr. JEREMY BENTHAM has
somewhat quaintly replied, that such assertion
only convinces him of the Lawyers' perfect igno-
rance of logic. We do not presume to cast such
a general reflection on the profession, but when
so repeated instances occur in which justice is
frustrated by this very special pleading, we cannot
certainly join in a panegyric upon its value.
The case of WATTS v. LAWSON, reported
yesterday, will, in some degree, exemplify its
operation.
An action is brought against the Times
Newspaper for a mis-statement of an occurrence
at a police-office. The Editor, as appears in
evidence, had offered to insert any remarks of
the parties on the correctness of the report in
the Times, saying " that the Times had nothing
" to do with the truth or falsehood of the impu-
" tations made at the police-office, and that they
" only studied correctness as far as being a
" faithful report of what passed there—and that
" if the parties had any charge against the report
" in the latter particular, the Times would tell-
" lingly insert it." The parties, however, in-
sisting on the insertion of an editorial notice,
stating, " that a full enquiry had been made,
the result of which was the conviction of the
Editor that their conduct had been perfectly
honourable "—(an assertion that would have
been, in the first place, false, and, in the next,
would have implied that the Times had originally
declared itself to have a contrary conviction)—the
defendant was obliged to abide the result of a
verdict.

The person whose character was implicated in
this transaction appears, in fact, to have been
Tyr.
,Tir. EMERSON, and not Mr. WATTS; but, as
we presume, they are both satisfied with the
share of public attention this affair has given
them, we have no wish to dwell upon this point.
The great anomaly in this case is, that the defend-
ant should not be allowed to justify his conduct by
proving the substantial correctness of the report
published by him. The gist of the supposed
injury was a misrepresentation of a matter which
took place in Marlborough-street Police-office,
and if the defendant could show that his report
was not a misrepresentation, it would be abso-
lutely unjust to allow the plaintiff to reap the
benefit of an act, which so far as regarded him,
was, at most, damnunz absque injuria. But,
it is said, all ex-parte reports of police matters
are illegal, which is true so far as they are libel-
lous, and no farther; and this brings us round
to the glaring absurdity of the law, which holds
it to be libellous in a Newswaper to report
bona fide, without the slightest malice, the depo-
sitions of witnesses who may maliciously come
forward to calumniate an individual. If a wit-
ness swears at Marlborough-street to a fact, which
afterwards turns out to be untrue, is it not too
bad to punish the reporter of that witness's ex-
amination, who has no means of knowing its
truth or falsehood ? The saddle should be put
on the right horse ; and the law is strong enough
to punish witnesses for perjury, or conspiracy to
take away a man's character. Why, then, is the
Press to be responsible for what the witnesses say ?
But, it may be answered, the publication .of an
unfavourable deposition will injure a man's cha-
racter equally whether true or false, and that the
termination of the proceedings ought to be
waited for. We reply, that if the deposition be
true, it is monstrous to punish the reporter any
more than the maker of such true deposition ;
if it be false, the deponent may be brought to
justice for his false testimony. Where there is
malice, there is guilt ; where there is no malice,
neither is there any crime ; a principle which
the law of England professes, but does not
always act upon. As to waiting the termination
of the proceedings, we ask whether the com-
mittal of a man to trial, is conclusive evidence of
his being a thief? When the Jury have ac-
quitted him, he is no thief, and yet there is no
legal objection to previously publishing his com-
mittal for theft by the Magistrate, though a pre-
sumption may thus have been raised among the
public against his character. It is just the same
when a prisoner is discharged by the Magis-
trate, and when an unfavourable deposition of
the first witness against him has been published,
which is afterwards contradicted by other tes-
timony. The public are not so stupid as to
judge of a man's character from a part of the

evidence against him, when they know the rest
is to follow. Our law considers the public, as
SIIERIDAN said, to be an old woman ; and
thinks it its business to be constantly on the
watch, lest the old woman should be imposed
upon. Assuredly the intellect of the public
cannot be very vigorous, if it does not know
that there are two sides to every question.
From the inability of the Times to prove
every word of its justification, which, indeed, is
not, and cannot be, done once in a thousand
times by defendants who plead justifications, a
verdict passed against it. Yet there is rarely any
alternative on these occasions ; for if the general
issue alone is pleaded, a farthing will carry costs,
which, it is needless to add, are often quite as
important a consideration as damages. It is
frequently, therefore, advisable to risk the special
pleading of a justification, as, if the gauntlet of
technicalities can be run, the defendant in a libel
action, now and then, gets a decided verdict in
his favour, and thus succeeds in escaping from
his law-thirsty pursuer.

THE FUNDS.-(THIS DAY.)

CITY, TWELVE O'CLOCK

A Halifax mail has arrived this morning, brought
by th:.. Plover, sailed from Halifax 22d Dec., and
from Bermuda 7th Dec.; by the above conveyance
Halifax Papers to the 20th Dec., Miramichi Papers
to the 16th Dec., and Prince Edward's Island Papers
to the 9th Dec. have been received at the North and
South American Coffee-house ; also Mauritius
Papers to the 27th Sept.
The Halifax Papers state that his Majesty has
been pleased to call the Right Hon. Alexander
M`Donald, Roman Catholic Bishop of Rhesina, to
the Legislative Council of that province. Satisfac-
tory accounts of the health of his Excellency have
been received from Bermuda.

The Miramichi Papers state that the river had
been frozen for some days, persons had crossed it
on horseback, but it is again open, and winter had
not yet established its influence.
The Prince Edward's Island Papers say, that Sir
Peregrine and Lady Maitland on their arrival at
Barbadoes, finding that island in a very sickly state,
sailed again without landing ; they have since ar-
rived at Bermuda, his Excellency's health was im-
proving.
Private accounts from Mahon state, that the ne-
gociations which were carrying on by the Porte
and England to obtain a peace between France
and Algiers have been broken off. Owing to
Algiers demanding of France the sum of twenty mil-
lions, instead of seven millions which the Dey for-
merly- claimed.
Accounts from Lisbon state, that the garrison of
Elvas has returned to its duty, caused by a sum
of money having been received from Lisbon to
pay a part of the arrears of the garrison. The
desertion in the North amongst the troops still con-
tinues, as well as the emigration of several wealthy
families, amongst which is that of General Louis de
Rego.

THE FUNDS.

Up to the present hour there does not seem any
disposition for business in the Consol Market. Con-
sols, which left off yesterday at 951- / for the account,
opened at the same price this morning, and for next
time 96. We do not hear as yet that any public
bargain has been done in the New French Scrip,
although it has obtained a premium at Paris of
per cent.
It is said that an Express has arrived from Paris,
but the contents have not as yet transpired.

.„... . . .
In the Foreign Market nothing doing as yet ;
prices nominal as yesterday.

FUNDS.
31 per Cent. 100 I
New 4 per Cent., 1011
4 per Cent. 1826 1053. 6
India Bonds. 73 74
Exchequer Bills, 77 78
FUNDS.
Greek, 331 34
Mexican, 271
Peruvian, 21 22
Portuguese, 59 60
Prussian,
Russian, 1101
Spanish, 101

TWO O'CLOCK.