The Sun.
London, England, 1849-11-20 00:00:00

„nit ,-,-441,11.

6"Y
LWITDON., TUESDAY. NOVEMBER 20, 1849.

Mr. Justice COLERIDGE, on Friday, pronounced
j udgment on the application for a new trial in the
extraordinary and important case of the Duke of
BRUNSWICK v HARMER, to which we have already
directed the public attention on several occasions. I
will be in the recollection of our readers that the
motion was made on three distinct grounds—one on
the facts, the others on the law of the case- It was
asserted that no copy of the Dispatch of the 19th
September, 1830, had been sold to Captain RENNAULT
at the Dispatch-office, as deposed to by that person,
and which constituted the alleged republica-
tion, without which no action could have
been maintained, as the plea of the Statute
of Limitations would have been fully made
cut. On this point very strong affidavits were brought
forward to show that the evidence produced was alto-
gether erroneous. It was sworn by two
respectable witnesses that no paper of that
particular date could have been sold at the office
without their knowledge, and that, in fact, no such
copy remained there. Strong circumstantial evidence
was also produced to identify the paper produced at
the trial with one which formed part of a file of the
Dispatch of 1830, which had been sold through the
agency of a newavender named PLUMMER to Mr.
NODDY, the secretary of the Duke of BRUNSWICK, in
the July or August following the alleged sale to
Captain RENNAULT ; the other copy having unques
tionably been procured from the British Museum.
Under such circumstances it was of course essential
that the entire case should be submitted to a new
jury, who might take the disputed facts into their
consideration, and pronounce an opinion on the
credibility of the several witnesses ; and on this
ground the rule was granted. So a stringent and
searching investigation will probably take place.
So far, no injury will be inflicted on the respected
proprietor of the Dispatch, for, provided a new trial
be granted, the reasons by which the Court might be
influenced in arriving at that conclusion could be but
of little consequences to him perifonally. It is, how-
ever, otherwise to the general body of journalists
throughout the entire kingdom, and on their behalf,
and as one of themselves, we feel called upon to pro-
test, in the strongest and most earnest terms consis-
tent with our high respect for the tribunal by which
that decision has been pronounced, against the danger-
ous and objectionable precedent established by the
refusal Oa grant the rule on the legal points put for-
ward by the Learned Counsel for the defendant
" Qui facit per alluni facit per se," is
one of the oldest and best established
maxims in law. For centuries it has been
received without argument or dispute, and has
maintained an authority equal to that conferred
by an Act of Parliament. The common law is, in
fact, entirely made up of similar maxims, the pro-
priety of which can no more be questioned than the
statute law itself. By that common law, then, it is
declared that "he who does an act through the
agency of another person does it himself." Now it
was not denied that Captain RENNAULT applied at the
office of the Dispatch, on behalf, and at the request of
the plaintiff. The re-publication, if any such took
piece, was, therefore, to all intents and purposes, the
same as if it was made to the plaintiff in person,
and at hie special instance and request. If a
civil injury was inflicted upon the ex-Duke
of BRUNSWICK by the sale, he himself was
the person by whom it was instigated, and he could
not justly complain of the unpleasant consequences,
if any, that might result from his own act. How
could he claim damages for an act to which he was
himself a consenting party ? It has been wisely
held that a libellous publication to a party himself,
although it may be sufficient to sustain a criminal
charge, as being calculated to provoke a breach of the
peace, would not be sufficient to give a claim for
damages, because his character could not be injured
by any statement to himself, of the truth or false-
hood of which he must be well aware. Mr. Justice
COLERIDGE, however, while admitting the justice of
this principle, and acknowledging that in some
respects the sale might be regarded as being
virtually to the plaintiff himself, declared
that "it was also a publication to the
agent, for that a person to whom a libellous
writing was delivered was just as capable of being
affected by it, though the agent of the party libelled
in it, as a stranger, and it was therefore a publication
to him ;" and he added, "that this was a publication
to the plaintiff was not, however, material to the ques-
tion under consideration." Now, with the utmost
deference to that Learned Judge, we respectfully
contend that it was the most material part of the case.
It did not appear that the agent had perused or even
opened the paper. It was most probable that he did
not wait to read through a journal that had been
printed eighteen years before. He got a certain com-
mission from his principal to obtain a copy of the
publicat on of the 19th September, 1830
and if
i
his statement be correct, having accomplished
his mission, he hurried to this anxious
Duke, to recount his unexpected success. 15-0 injury
was, therefore, inflicted upon the Duke's character
even in the estimation of the gallant Captain Rai,:
isauLT. He did not relinquish the friendship or ac-
quaintance of his illustrious friend—nor did he refuse
to participate in the princely hospitalities, of Bruns-
wick House, or to undertake similar commissions
when a fitting occasion should arise. No evidence
whatsoever was given of any such injury, and even if
there were 500/. might be considered rather a high
estimate for the loss.

But the Learned Judge wholly lost sight of the
fact, that the Duke himself was at least partly
responsible for that serious injury. It was at his

request that the publication took place. He it was,
through his agent, who induced some unknown
servant of the defendant to violate his duty to his
employer. We believe that there are no principles
better settled than that a party " cannot take advan-
tage of his own wrong," that if he seek redress for
an injury "he must come into ,court with clean
hands," and that " he cannot claim damages for a
'tort' if be was himself in any degree in fault." Let
us examine the case by these tests. Did not the
Duke induce the " republication," and, in seeking
damages therefor, did he not endeavour to " take
advantage of his own wrong ?" Did he come into
court with " clean hands," without being in any de-
gree responsible for the act of publication; or was
he in any degree a party thereto ? We apprehend
that the only possible answers to these questions would
show that the Duke had no locus standi in court,
and that the action must necessarily fall to the
ground on each distinct point. _ .

To what fearful responsibility would the proprietor
of a public journal be subjected, were it otherwise!
He is liable for the acts of every one of his servants,
not merely of editors, reporters, and other educated
men, but even of the humblest messenger in his office.
It might possibly happen that an unprincipled person
might be induced to bribe one of these persons, in
order to obtain a heavy verdict against a solvent
proprietor ; and should not his participation, we may
add his procurement, of the illegal act, be held suffi-
cient to bar him of any redress? We believe that
not merely the voice of public opinion, but all persons
who have studied the law of the land will unhesitat-
ingly answer in the affirmative.
On the other point, Lori DENMAN was said to be
satisfied with the amount of the damages, and therefore
no rule should be made on that part of the motion.
According to his Lordship's decision, 600/. was a fair
and reasonable remuneration to the plaintiff for the
republication of a single copy to a single reader, and
that reader the gallant Captain RENNAULT, the agent
of the Duke! ! ! and that, although the publication
took place at the request of the Duke him-
self ! If so, we simply ask what pecu-
niary sum should be fixed upon for an
original publication circulating throughout the length
and breadth of the land, and probably perused by
millions of the industrious classes. No suitable sum
could be assigned. It requires no argument to show
the absurdity of the proposition—the simple an-
noancement will be sufficient ; and yet such is held
to be law in the highest criminal tribunal of the land,
on whose judgments the entire liberty of the subject
depends. It is alleged that the presiding judge has
misdirected the jury; but no relief will be afforded,
because that judge is satisfied with the verdict. The
appeal may, therefore, be regarded as not to the full
Court, from the error of a single judge, but from
that single judge to himself, and that without an
opportunity being afforded to him of hearing the
arguments explanatory of the mistake into which he
had fallen !! ! If this is to be the general rule, all
such appeals must be regarded as an idle and useless
ceremony.

['HE FRENCH REPUI3LIC.

We have received the Paris journals of yesterday.
The Moniteur publishes a decree of the PRESIDENT
of the Republic, countersigned by 111. PARRIED, the
'Minister for Public Instsuction, dispensing for the
future with the production of " certificates of study"
by aspirants for the decree"of Bachelor of Letters. Tnis
does away at once with the monopoly of teaching
enjoyed by the University, and throws the degree of
Bachelor of Letters open to all who can pass the usual
examination.

Four regiments of the line have been armed by
order of the Minister of War with a newly-invented
musket, which carries ball 800 yards, being double
the distance obtained by the ordinary musket.

The National Assembly was occupied on Saturday
in discussing the new Bill on the Combination Laws,
and rejected by a majority of 393 to 203 a proposition
made by M. Mom for the immediate and total aboli-
tion of those laws.

No less than thirty seats in the Assembly have
become vacant in consequence of the decision of the
High Court of Versailles, convicting certain repre-
sentatives of complicity in the affair of the lath June.
The following are the departments vacant, with the
names of the late members :—Allier : M. Fargiu-
Payolle. Ariege : M. Pilhes. Cher : MM. Felix
Pyat, Vauthier. Isere : M. Avril. Loire : M.
Martin Bernard. Haute-Loire : M. Maigne. Loire-
et-Cher : M. Cantagrel. Nievre : M. Gambon.
Hautes-Pyrenees : M. Deville. Bas•Rhin : MM.
Commissaire, Boch, Beyer, Kopp, Anstett. Haut-
Rhin : MM. Pfieger, Koenig, Hofer. Saone-et-
Loire : MM. Rougeot, Rollant, Ileitzmann, Jeannot,
Menand, Landolphe. Stine : MM. Boichot, Consi-
derant, Rattier. Var : MM. Ledru Rollin and Suchet.
Haute-Vienne : M. Daniel Lamaziere.

M. BAROCHE has withdrawn his resignation of the
office of Procureur• General.

A Commission has been appointed to consider the
best means of establishing public baths and wash-
houses in all the towns and cities of France.

The Moniteur announces that Prince CALLIMACIII,
Minister Plenipotentiary and Envoy Extraordinary
from the Sublime Porte to the French Republic,
had a private audience of the PRESIDENT of the Re-
public on Saturday last, at which he announced the
birth of two children of the Sultan ABDUL MEDJID.

A letter from Montpellier states that a silver mine
has been discovered in the department of the Heronit,
which produces fine silver of the value of 88f. from
200 pounds' weight of ore.
Letters from La Calle in Algeria of the 33 inst.
state that the successful resistance of the insurgents
at Znalcha has encouraged several tribes of Arabs to
commit acts of hostility against the French settlers.
M. RITLENT, the director of a society for cutting
wood, had been [assassinated, and the men employed
at the silver mines of Oumteboul been driven from
their employment, and their inspector put to death.
Letters from Oran state that the cholera is making
dreadful ravages in the city and its neighbourhood.
Colonel Louis DB BIHKESY, one of the most dis-
tinguished officers in the Hungarian army, has just
died in Pais, in the twenty•ninth year of his age.
His funeral was attended by the Count Ladislas
Telekie, Envoy of the late Hungarian Government
to the French Republic; MM. Szemere, Minister
of the Interior to Kossuth ; Almassy, President of
the Chamber of Deputies ; Hajuiell, Director of the
Hungarian Police ; Brown and Perenyl, late Envoys
to Constantinople ; and a number of deputies and
officers who have lately arrived in Paris from Co-
morn.

PARIS BOURBE—LATEST PRICES—Nov. 19.—Five
per Cents., 89f. 55c. ; Three per Cents., 56f. 75c. ;
Bank of Frans?, 2,385f'.
BUSINESS DONE IN FOREIGN RAILWAYS AT THE
LONDON STOCK EXCHANGE, Nov 19.

East Indian, 3%—Namur and Liege, 's►%—Northern of
France, 2% di.. Paris and Strasbourg, 6.

SPAIN.

Madrid journals of the 13th have arrived.
___

The Com-mittee on the Budget have proposed to
make extensive reductions in the ordinary estimates
of war, finance, and commerce, and to strike off the
whole of the 60 millions of reels demanded as extra-
ordinary estimates. These reductions if carried out
will reduce the amount of the expenditure to that of
the revenue. The Committee has proposed to do
away for the future with all retiring allowances to
Ministers of State.

The QUEEN gave a splendid banquet on the 12th
to the Prince of PRUSSIA.

The Barcelona Foment. of the 10th has a letter
from Solsona, which says that the celebrated Carlist
Chief BERGES had entered Catalonia from France,
with about twenty followers, on the side of Agra-
count and Sanahuja.
MADRID BOLSA, Nov. 13.—The funds are higher
again. The Three per Cents. were done at 29 cash,
and were sustained at that price; Five per Cents.
were done at Ili to j, and were 11k at the close.
The other stocks are as yesterday.

PUNISHMENT OF DEATH.—A public meeting, most
respectably and numerously attended, was held last
evening at the Bridge-house Hotel, Southwark, for the
purpose of promoting the abolition of the punishment of
death. The chair was taken at seven o'clock, by
Charles Gilpin, Esq. Letters were read approving of the
object of the meeting from Mr. Douglas Jerrold, Mr.
Cobden, M.P., Mr. Bright, M.P., and Mr. R. H. Horne.
The meeting was addressed by Mr. Ewart, M.P., Rev.
11. Christmas, Mr. C. Wordsworth, Rev. H. Richards,
Mr. J. Robertson, Mr. Scoble, Mr. A. Stevens, and Mr.
Webster, and various resolutions for promoting the abo-
lition of the punishment of death were unanimously
agreed to. The proceedings did not tf. rminate until ten
o'clock.

DEATH OF COLONEL BARN WELL.—We regret to
announce, the death of this distinguished officer, which
took place in the early part of the week, at his residence
in Windsor-terrace. Colonel Barnwell was long in active
service, and passed through most of the Peninsular
clmpaigns under the Duke of Wellington. For his
services there the deceased received a medal with no
fewer than thirteen clasps. Latterly ho commanded the
9th Foot, which he loft to fill the post of inspecting
field officer at Glasgow, where he has been residing fur
the last twelve months.— Glasgow Mail.
THE Ex-ROYAL FAMILY or FRA.NCE.—Their
Royal Highnesses the Duke :and Duchess de Nemours
arrived at Claremont on Friday evening from Brussels
family circle surrounding the Count and
er.
Ctootnitn tbessdee Neuilly, at their retreat near Edh