The Sun.
London, England, 1841-07-13 00:00:00

EXTII.ICTS,

A remarkable instance to show the injustice of reject-
ing evidence of the truth of the statement contained in
an alleged libel on a prosecution, wi:h a view to repel
the presumption of malice, is understood to have been
mentioned by the Lord Chancellor (Lord Brougham) in
his evidence before uselect committee of the House of
Commons on the law of libel, in which his Lordship (be-
fore he left the bar) had been counsel. The publisher of a
newspaper was prosecuted by indictment for having
stated a fact, namely, that a person 'teaching in a public
institution had been convicted of forgery in France, and
simt to Iv, in irons. The learned counsel rested his
case on negativing malice, and for this purpose offered
to prove'that the statement was merely a reference to a
known fact. lie prOduced with that view the moat satis-
factory evidence that conkd be given, an exemplification
under the sealof the court of the record of the comic-
.
nen, by which it appeared that the prosecutor had been
tried for forgery, convicted, and sentenced to work in
the galleys, or in the -streets, with- a chain round his
leg. The 'learned judge who presided at the trial re-
jected this evidence, which by the law he was undoubt-
edly bound to do, and the defendant was convicted, just
as if he had been the author of a false, scandalous, and
malicious libel.
Whilst:the exclusion of the distinction between•truth
and falsehood is, with the exception alluded to, and
subject to the condition which has been noticed, con-
sistent with the operation 'of the limited principle
avowel by the law of England, such exclusion would
obviously be inconsistent with the adoption of a larger
principle, viz., the protection of the private individual in
his private capacity, in the enjoyment of his reputa—
tion ; for there the very nature and character of the
injury itself depend on the truth or falsehood of the
charge, and the truth of the charge must either be
a conclusive answer to the complaint of injury to repu-
tation, or must.at all events greatly diminish the extent
of the offence and mitigate the Atilt of the offender. ite-
gardine• the offence simply as it concerns injury to the •
individual, it difficult to say that any one ought to be
protected in the enjoyment of that reputation which
exists only through ignorance of the truth, and which
is therefore in itself false and deceptive. In such a
case a guilty individual may suffer privation, but it
is impossible to say that he suffers injury from pub-
Betty; unless ignorance of the characters of individuals,
which cannot possibly be of advantage to the public, can
constitute a private right. The law of England, so far
from acknowledging the existence of any such right,
posit vely disclaims it, in making the truth of the
alleged libel to constitute an absolute and peremptory
bar o a civil action to recover a remedy for the defa-
mation in damages. Were the principle of rejecting
evidence of the truth of an alleged libel to be ever so
wel preserved, and which is more difficult to suppose, to
be ever so well appreciated by the generality of people,
the law would still be defective in moral effect, as making
no distinction between a statement of the truth and the
publication of a false and wicked invention. This, how
ever, is a distinction which the law- of England recog-
nises, although at the expense of some inconsistency ;
for it is the practice of the Court of Queen's Bench to
refuse a criminal information in respect of a personal
libel, unless the applicant deny its truth by affidavit.—
p. 57.
Acting upon the grounds we have above suggested,
we naw proceed to submit the following recommenda-
tions :

~.a...,
We recommend that, in respect of personal libels, two
distinct classes of offences should be constituted,—that
one of those should be founded on the general principle
of protection to private reputation against such defama-
tory imputations as are false as well as malicious ; that
the second should be founded on the principle already es-
tablished, of protection to the public peace by preventing
t'ie publication of libels on private persons, tending to
the disturbance of the peace.
That in respect of the former class, the truth of the
matter published, when it either directly or by implica-
tion contained a charge of misconduct, should be a bar to
the prosecution ; that in cases within the latter class, the
truth of the matter published should in no case be avail-
able by way of defence to the publisher of the libel.
But that in either case, and generally, evidence of the 1
truth or falsity of the matter published should be admis-
sible where the occasion of the publication was a privi-
leged one, such as le ally to raise the question as to the
actual intention of the defendant, whether he acted bona
fide in reference to the particular occasion, or with an
actually malicious intention independently of the occasion.
That none' but a party. defamed, or some other person
with his consent, should • be allowed to prosecute for the
publication of a libel alleged to be false.
The grOunds for these suggestions have already been
adverted to. As regards the first, it has already- been
obierved that the present avowed finindation of the cri.
minal law in the case of personal libels is too narrow, as
being confined in its object, principally if not solely, to
the protection of the public peace ; we think that it ought
to be extended to the protection of reputation as a valu-
able private possession, against a malicious injury, the
remedy afforded by a civil action to recover damages
being wholly inadequate to afford the protection which
is necessary. •
We see no objection in such cases, and so far as con-
cerns personal libels, to allow the truth to be a bar, as
in the case of a civil action.
Where the contents of the libel are not alleged to be
false, but it is written with intent to provoke another to
commit a breach of the peace, or where its terms are
such as naturally and immediately tend to a breach of
the public peace, it seems to us that the truth of the con-
tents of the libel ought not to constitute a bar to the in-
dictment. This stands on the principle recognised by
the present law—it is essential to the public peace and
tranquillity to prevent their disturbance by the unne-
cessary publication even of that which is true ; truth
itself ought not to be made use of as a colour and pre-
tence for wreaking private malice and producing public
discord..
Again, it seems to us that in all cases where, on its
being admitted or proved that the party published
the alleged libel on some occasion or miler cir-
cumstances recognised by the law as affording a
qualified justification, dependent on the question
whether he acted honestly and bona tide, in reference
to the occasion, or mala fide, and out of mere malice,
the truth or falsity of the alleged libel ought to be ad-
mitted in evidence, the better to enable the jury to de-
cide on the real motives and intention of the party. It
is, we think, plainly inconsistent that in the first place
the innocence or guilt of the party charged with libel
should be made to depend on the actual disposition of
mind and intention at the time of publication, and yet
that one of the best and surest tests for deciding that
fact should be withheld from the consideration of the
jury. It is obvious that to exclude such evidence must
often occasion the conviction of the innocent, and still
More frequently the acquittal of the guilty ; no evidence
can possibly be more cogent to show that the party was
acting male. fide than the tact that he knew that the inju-
rious matter published was false.
These provisions, we may observe, seem to unite, so
fax as union is practicable, the ancient with the modern
law in respect to personal libels, and at the same time
remove an unseemly anomaly to the general rules and
principles of the law of evidence. '
We further recommend that it should be competent to
any person responsible as editor, publisher, or other •
of anynewspaper or other periodical work, either l'aa"a',7l.e,'
aluvothrker, tett.)
or after any prosecution commenced aigainst
suchhiin in re-
specthim with such evidence as may
of soy personal libel contained M
disclose to the party libelled the name of the
be sufficient to prove the fact, andaiftnecraSe
the libel, and to supply
such disclosure
tender to
such prosecution
shall be made and proof be given
ion then incurred ; and that if such
of
ci
he de ,
prosecution
c tout pay or the prosecutor the
ecoemstsmoe
prosecutor shall, after such disclosure made
. and evidence
supplied, and incase such disclosure be not made and evi-
dence supplied before the commencement of the prosecu-
tion, also after tender of such exepnses.proceedwith the pro-
secution, the defendant, on proof of these facts, shall be
entitled to an acquittal,'
unless
that the defendant the prosecutor shall prove
üblish
e•d out of actual malice ; said
that in case the prosecutionp' shall be forborne or, sus-
pended by such prosecutor, and he shall by the means of
prosecute the evidence supplied the author, whose name
shall have been disclosed,
the party so having disclosed
the author's name shall not be liable to any prosecution,
none having been commenced at the time of such dis-
closure or information, or to any further prosecution, in
case of a prosecution suspended as aforesaid, unless the
disclosure made and evidence supplied shall be insufficient
to occasion the cOnviction of the party whose name shall
• have been so disclosed ; and that, in case of failure from
the insufficiency of the evidence so supplied, the prose-
cutor shall be entitled to commence a prosecution, -or to
continue a prosecution already commenced, against such
original publisher, and to recover from him the costs of
such ineffectual prosecution.
'•"'We found this recommendation upon the following
grounds :
that a party responsible, or
It' very frequently happens • t .
p r or periodical work
the editor or publisher of a nn.ei
wisnPaitiv'ertence without any
containing news, may, thrT;a• 1 matter. .'n • • •
publish libellous .
The injurious
malicious motive,
' 1 v rcq uently depend on circumstances
quality Of the lib:. •ma ~f
In s ichca -•t•- ses 1 's obviously
to which he is an entire stranger. i
the real author of the calumny should be made
politic that r
~.
isconduct, and that the instrument of
responsible
or
121' In.whom no charge of personal ill-will or
publication, against
id
not be further amenable. On the
malice is made, should
party so responsible was himself
other hand, where the
by malicioa;i feeling in publishing the libel, he
actuated
leeive to 'be allowed to discharge him-
self !nerd)- not, we co‘ •, ,
self !nerdy by disclosingthe name, and furnishinm the
•
means of convicting an ostensible author of the libel ;
there would be danger of collusion, and a publisher ac-
I tuated by malicious motives in propagating the calumny

EVENIN SUN.
We thi,uk, to be dealtsuggested by atiothek, ' ought,
as a principal in effecting the injury.
It *ill be observed that the above suggegiowns are eon-,
fined to personal libels. To what extent tbe trath is
material upon a charge of a political libel on :he admi-
nistration of the Government, reflecting on the conduct
or measures of public functionaries, is a question
of importance, which properly belongs to the c fats
of offences. against the State. -Such libels en
sist wore usually in, intemperate and infiamma--
tory comments than on any false allegation of facts.
Mere assertions as to public measures which are false
in point of fact can seldom be of any real importance ;
all such act.; are usually of public notoriety, and false
statements are easily contradicted and confuted by means
of the public press. It appears to us, however, that, in-
dependently of any considerations of this nature proof of•
the truth of any such allegation ought not to he allowed
to operate in bar of any charge of such an offence ; for,
although the fact be true, the publisher may still be guilty
of a malevolent intention to injure society by defaming,
the Government. The truth, we think, (mot no more
to be allowed to operate as a complete defence in such a.
case than when a personal libel is published with intent to
provoke the party reflected on to a breach of the peace.
The question however, whether on a charge for a poet cal
libel evidence of the truth ought to be ~•dmitted, with a.
view to negative a material fact of the charge—viz.,
the intention to bring. the Government into hatred or
contempt, is one of a different nature ; the truth ought,
we think, fur that purpose, and that only, to be admitted.
Prosecutions, however, for such libels are, as we have'
observed, more usually founded on violent language' and
comments than upon any inisttements of facts. The
question whether such remarks a:e made in a seditious
and malicious spirit for the purpOse of defaming the
Government, or are made bona tide in he exercise of that.
right to discuss and criticise the conduct eand measures
public functionaries, which is the undoubted privilege o
the subject., does not admit of proof by
.evidence acs al
matter of fact. We may farther observe in Phis place,
that the question whether the truth in such case' shall be
admitted to the limited extent stated in proof of the ani-
mus does not alter or quality the definition of the ofteuce,
but-is more properly a question of evidence to be
,e 0117:
sidered under the head of " Procedure."
The subject of proceeding by criminal information will`
more properly fall under the head of " Process." We
may here, however, observe that this course of proCead-
ing seems at all events to call for some modification. We
think that if the pros :Tutor be allowed to state the falsity
of the imputation as a ground for the application, the de-
fendant ought to be allowed to give- evidence upon the-
trial of the truth of the alleged defamation. We think
also, that if this mode of proceeding be productive of
peculiar advantages, it ought to be rendered more gene-
rally . , • _
available.

* It is highly probable that by the ancient law of this coun-
try the falsehood of a libel was essential to its criminality. We
should not deem ourselves to be justified in entering, on this
occasion, upon any historical statement in support of this opinion..
t 'l'he law of France (as stated by Al. Dupin) distinguishes
between libel on a private person and one on a public fund, on-
ary. In the former ease evidence of the truth is excluded ;iu
the latter it is always admitted.

BISTORY OF NEWSPAPERS.

At a late meeting of the Statistical Society the follow-
ing paper was read by Mr. P. L. Simmonds
In 1636 there were but 9 newspapers published in London,
all of them at weekly intervals. 1'1'1709 the number had
increased to 18, of whicn 1 was published daily. In 1724
there were 3 daily, 6 weekly, 7 three times a weep,
halfpenny posts, and the London Gazette twice a week.
In 1792, 13 daily, and 20 semi-weekly and weekly
papers. In 1836, when the stamp duty was 4a..; the -
total number of stamps issued for the 1., lilted Kingdom
was 33,576,036. In 1839, 58,516,862. The ,consump-
tion of stamp; has therefore increased -64- per cant.
since the reduction of the duty. The oldest existing
London papers are, the English Chronicle, or White-
hall Evening Post, which was started in 1747 ; tho
St. James's Chronicle, 1761 ; and the Moruing, Chro-
nicle, 1769. The oldest existing Provincial papers
are, the Lincoln Mercury, published at Stamford,
1693 ; the Ipswich Journal, 1737 ; Bath Journal,
1742 ; Birmingham Gazette, 1741 ; Chestei Courant,
1733 ; Derby Mercury, 1742. The oldest paper-in Ire-
land is the Belfast News Letter, which was commenced
in 1737. In Scotland, the Edinburgh Evening Courant
is the oldest paper, having been first published in 1705.
Newspapers are printed in every county in Enghtuei,
with one exception—Rutland. In Wales, there - are six
counties in which papers are not published, viz., An-
giesea, Cardigan, Denbigh, Montgomery, Pembroke,
and Radnor. In Scotland, there are. 16 out of the 32
counties ; and in Ireland, only seven out of the 33
counties. In England there are no daily papers-published
out of London. There are fbur papers published in
Guersey, 4 in Jersey, and 5 in -the Isle,-of
stamped.
So far back as 1605, under Henry IV., a Journal,
called the Mercure de France appeared regularly in.
Paris, and was published by lichen, Brothers, book-
sellers, till 1635, When Dr. Rezaudot took 'it ,
and carried it on till 1644. ,It was continued
by Messrs. Freselier and La Rriere till 1672,
when it was called the Mercure Galant, which
name it retained until 1710, when ' it assumed the name
of the Garde Meuble Parnesse. In 1714 it resumed its
old name of Mercure de France ; and in 1716 took that of
Nouveau Mercure; but in 1721 resumed once more its
original appellation, and retained it till the' Revolution:
It forms a collection of nearly 1,000 whittles. The total
number of journals and periodicals in Paris in 1779 was
35. The number published immediately before the Re-
volution was 169, of which 17 were political, and 252 of
a literary, scientific, or religious character. The number
of provincial journals at that date was between 70 and
80. Paris has now upwards of 27 daily papers, the
average sale of which exceeds 90,000 copies per diem,
while London has only 9 daily payers, with • a sale of
about 45,000 per diem. The total number of periodical
journals published in France in 1837, was 776, of which
326 behnged to Paris.
The first journal published in the United States was
the Boston News Letter, which appeared in 1704. No
sufficient data exist for computing, with any degree of
accuracy, the number of copies of newspapers at present
annually circulated in the United States ; • but it pro-
bably does not fall far short of 100,000,000. The weekly-
issues of the British press of Lower Canada, are 29,000 ;
those of the French press, 8,000. In -Upper Canada there
are 28 newspapers published weekly ; in Newfoundland.
9, Bermuda, 2, and the same number in the Bahamas.
Printing was introduced into Nova Scotia twenty-four
years before it was commenced in Canada : the first
paper was printed in 1751, on half a sheet of foolscap
paper, under the title of the Halifax Gazette. The num-
ber now issued at Halifax is 12, and there are 3 in the
country parts of the province. There are 4 newspapers
published in British Guiana; 2 in French Guiana;- 1 or
2 at Bahia ; 8 at Rio Janeiro ; 8 at Buenos Ayres, one
of which, a weekly paper, is in English. There are 9in
Jamaica. At liarbadoes, 4 semi-weekly, 1 tri-weekly,
and 1 weekly newspaper. Two of these have been • esta-
blished by the coloured population as their special organs,
and arc supported and conducted entirely by this .elase.
In Germany, newspapers originated in the "Rela-
tions," as they were termed, which sprung up at Augsburg
and Vienna in 1524, and which appeared in the form of
printed letters, but without date, place, or number.
The first German newspaper in numbered sheets, was
printed in 1612. The journals published in Austria. in
1838, literary and political, amounted to 76, of which
22 appeared at Vienna, 25 at Milan, 10 in Lombardy,
7 at Venice, 5 at Verona, and 7 in Galicia and Hun-
gary. In the kingdom of Hanover there were, in 16.10,
only 4 political journals. In the Netherlands, in 1826,
there were in the Dutch language 80 daily and weekly
papers, and several in French. in Belgium, in 1840, 7-5
journals were pnblished ; of these 53 were in French,
and 18 in Flemish. In Prussia, 16s were published in
1834. In Switzerland, 24 weekly in 1825 ; of which 9
were conducted by Catholic editors, and 15 by Protes-
tants. In 1817, there were in all Switzerland no neire
than 54 printing-offices, and 16 periodical journals ; and
in 1834 there were 93 of the former, and 54 of the latter.
The total number of journals published in Russia, in
1839, was 154. 'The Gazette of St. Petersburgh
circu-
lates 6,000 daily. The first journal printed in prinaird
was in 1644. At present there are abeut 543 y
weekly publications, more than halt of
Inc
r
s theret,_h.en,
greater
pupply of art
anti
acre published in the capital. 11
2%orway is abundant, a-
the press ui that
vied ry is
perfectly free and no tax of,"".Y
1,. In 1832 there were
kind is levied uu it.
Christiana alone has 8 journals.
'lvBsuptbhalpicsechrne
about 50 newspapers
1 literary journal, ana
very
pLboli,schreald ilunatghacz,
iNnVellso.le (1, it., Sszeddeenn,
strict censorship. in 1839
there language.
The Finland ; 9 in Swedish,llyt(mit
and 4
In-18UU only 2
ttNiuv;a:it,;laptbibultisahefdo.v
riin‘n-ses.rt jesl}3lnnponindh:lriiie
.population of '19,000 .oeooars
political newspapers theT
d d - •
about 20 newspapers an al y journals an For-
There are
choenffelii VraSepoatnoi Spanish the
1 and 1 at the Azores.—The whole number of
tu,,a ,
' in Italy exceeds 200. Few of the existing papers
apo, only 12 newspaper. a
jour-
nalsdate back farther than the commencement of the present
century. The Greeks publish 9: 4at Athens. lat Na.
poli, 2 at Ilydra, and 2 at Missolonglii. The government
Gazette of Corfu is the only journal published ini'the
lonian Islands. There are about a dozen periodicals at
Malta, most of them weekly. At Gibraltar, a 'govern-
ment paper, of a very diminutive size, is published. ;daily.
—The journals published at Constantinople, in January.
1841, were the Tagrim Vakai, a government paper, and
the Djercdei Havadis, in vulgar Turkish, containing ge-
neral information.—ln the whole extent of Africa there
are 14 journals. One has appeared at Algiers regularly
since its possession by the French in 1830 C 2 are
published on the western coast, at the American
colony of Liberia. There are 11 political news-
papers at the Cape of Good Hope, hale of which are
printed in English, and half in Dutch; An official Ga-
zette was established in Persia in 1838. It is litho-
graphed. In Calcutta there are 6 English daily papers,
3 tri-weekly, 8 weekly, and 9 Hindustanee weekly.' At
Bombay there are 10 English periodicals issued semi-
weekly, and 4 Hindustanee publications. Two weekly
English papers were Published at Cento n. but are now
removed to Macao. At Sydney there ere s newspapers.
At Meltiourne, 3 papers published twiee n week, and 1
weekly at Geelong ; in South Australia 4 ; 1 serni-
weekly at Adelaide, and the others weekly. Swart River
has 2 weekly. Van Diemen's Land; 13 weekly 'papers.
Materials for printing a newspaper were sent out to New
Zealand with the first settlers; the first number of the
New Zealand Gazette having been printed in London
before their departure. The second number appeared at
Port Nicholson in 1640 ; and a rival: paper • was forth-
with established under the title of the New Zealand Ad-
vertiser at Kororakilla, Bay of islanth. The Sandwich
Islands, have now their regular newspaper, the Polyne-
sian, formerly called the Sandwich Island Gazette,
having been published at lionolulu ,ur la p« •
pwaras of thee
years.