The Sun.
London, England, 1848-12-04 00:00:00

THIS EVENING.

Will be performed THE HUNCHBACK. Sir Thomas Clifford,
Mr. Charles Kean ; Julia, Mrs. Charles Kean.
After which, an entirely new and original Comedy, entitled THE
KNIGHT OF ARVA. The Knight of Arya, Mr. lindson ; the
Princess Marina. Miss Reynolds.

To conclude with the comic Drama, entitled THE IRISH POST.
Characters by Messrs. Tilbury, Braid, Hudson, J. Bland, W. Sauter,
Brindal ; Mrs. liumby, Mrs. L. S. Buckingham, and Miss Woalds

Our readers cannot possibly have forgotten a case
tried at the last Spring Assizes for the county of
Devon, in which Mr. Tuomas LATIMER, the editor of
the Western Times, was indicted for publishing a
malicious libel respecting the Bishop of EXETER. It
is not necessary that we should now advert to the
charges brought forward against the Right Reverend
Prosecutor. They were perfectly familiar to the,
community in general at the time, and it is
due to the defendant to state, that he com-
mented upon the various facts with a freedom
and independence deserving of the highest praise.
He felt that his duty as a public journalist demanded
that he should enter his indignant protest against the
conduct ascribed to the Right Rev. Prelate; and in
the discharge of that duty, he cast aside every private
and personal consideration—he disregarded the vari-
ous kinds of persecution to which those connected
with the periodical press are so liable. Criminal
informations, actions for damages, or indictments,
had no terrors for him when weighed in the balance
against that which in his conscience he deemed
to be right. He knew that he might be exposed to
severe penalties if a conviction should take place—
that he might be incarcerated as a malefactor, and
condemned to pay a heavy pecuniary fine ; and that,
even under the most favourable circumstances, a
heavy expenditure in the shape of costs would be in-
curred. He did not calculate upon any for-
bearance on the part of the Bishop. He was
convinced that every engine of the law would
be directed against him, but strong in con-
scious rectitude, and confident in the accuracy of
his information, he despised the consequences, and
without hesitation gave his statements to the world.
An extraordinary sensation was excited, and much
curiosity existed as to the course that would be
adopted by the party inculpated, and that curiosity
was speedily set at rest.
There are three methods by which a party ag-
grieved may proceed against a libeller for the vindi-
cation of his character, viz., either by criminal in-
formation, by civil action, or by indictment. In the
first case, the leave of the Court of Queen's Bench
must be obtained before the information is filed,
but the prosecutor must come into court with clean
hands before that leave will be granted, and if a
direct charge is preferred, he must file as affidavit
distinctly, clearly, and explicitly denying the truth of
that charge. Men who are anxious to clear them-
selves from unjust and unfounded imputations, who
desire to show themselves perfectly free from blame,
and who have no fear of the revelations that may be
made in the answering affidavits, usually adopt this
course, which is generally considered by far the
most satisfactory, as the judgment of the
Court is founded upon many collateral cir-
cumstances that could not be given in evidence
before a jury. The Bishop of EXETER, however, for
Grand preparations were at length being made for reasons best known to himself, did not appeal to that
the definitive settlement of affairs in the Punjaub, ac- tribunal.
cording to the last intelligence received from our If a civil action should be instituted, the libel must
Oriental possessions. The lethargy of our civil au- not only be scandalous, but also false, for if the
thorities in Hindostan had at length been dissipated charges be true the plaintiff has no ground to demand
by the appreciation of a tremendous emergency. At compensation for himself, whatever offence it may be
length the military forces in British India were being Against the public peace. A plea of justification may
summoned from the different provinces, and cencen. Therefore be put upon the file, in which the truth of
trated in overwhelming numbers upon the seat of 'he allegations contained in the supposed
war. The cause of this sudden transformation of in- libel may be put in issue, and if the
dolence into activity is attributable not only to the jury find for the defendant on that
alarming energies which have been gradually accu- issue, the verdict will be recorded in his favour, and
mulated within the fortifications of Moultan, but to he will, as a matter of course, be entitled to his costs
a knowledge also of the universality of the Seikh in the action as between party and party. Here,
rebellion, and to a conviction that the troops again, the truth of the charge constitutes an essential
of those treacherous Asiatics were pressing element in the case, and the Bishop of EXETER, no
forward to a combine.l attack upon the capital. A doubt upon sufficient grounds, also declined to avail
variety of rumours had recently transpired, which himself of that mode of proceeding.
ultimately compelled even the most lethargic and in- An indictment, however, was formerly a proceeding
credulous to arouse themselves to a consciousness of of a very different character. According to the old law
these gigantic difficulties. By some extraordinary it signified nothing whether the charges were true
concatenation of circumstances the arch-rebel SHEER or false, well founded or ill founded ;if calculated
SINGH had been permitted to escape with his fol. to bring any individual into public odium or
lowers, on the night of the 9th of October, from lisrepute, they were punishable by law. And " the
the walls of Moultan ; and in consequence of greater the truth the greater the libel " was a well-
this lenity on the part of General Writs"! (a known adage that was constantly acted on to restrict
lenity which certainly appears, at this mo- the legitimate liberty of the press. If an indictment
went, to have been very doubtfully judicious), was preferred, the truth could not be put in issue, it
the troops of SHERE SINGH had already advanced to could not even be alleged in mitigation of punishment.
Sirdarpore, for the purpose of coalescing with the Neither could costs be given against the defeated
soldiers under CHUTTUR SINGH, if those two formid- party; for the proceedings are nominally instituted
able bands of insurgents had not actually, before the in the name of the Sovereign, and it is considered be-
departure of the overland mail from Bombay, united neath the dignity of the Crown to pay or receive
together in the neighbourhood of Wuzeerabad. costs. A bill of indictment was sent up by the
Such, indeed, appeared to be the imminence of Bishop, who selected the course, at the same time,
affairs at Lahore, that Sir FREDERICK Cultism himself most oppressive to the defendant, and least conclu-
had earnestly demanded reinforcements from Feroze sive as to the innocence of the complainant. His
pore, while recalling the brigades which had already Lordship had, doubtless, sufficient reasons for his de-
marched under the orders of Colonel ECKPORD to the cision. In accordance with the present system the
Fortunately assistance
of Major EDWARDES and his companions. defendant could not be heard before the grand jury,
these energetic exertions to meet the and a true bill was accordingly found on the ex parte
dangers of the great insurrection in the Seikh tern- statement of the prosecutor.
tories were not restricted to the Resident and his mi- Are Act (6 d 7 ~ c. , commonly ca
litary colleagues, but had
raised a responsiveen e Lordcent Campbell's an
Act") Vic 96
British had, however, madelled
a
siasm in the chiefs of the
Indian Government. great change in the proceedings upon indictments
Orders, dated Simla, October the 13th, had been for libel ; according to that Act the truth of
issued by the Commander-in-,,f,
th,eapnnouncing the the allegations might be inquired into, but
formation of another army
u
mneuiati:nb'the
would amount to upwards of 38,000 which it would not amount to a defence unless it was for
gregate, to be led into battle by Lord con him- published. And to entitle the defendant to° such a the public benefit that the matters charged should be
self in person. After proclaiming this decree of the
defencet it is necessary that he should allege the
authorities, the distinguished veteran pushed onwpuarred, truth of the matters charged in the manner required
from Simla to Loodianah, on his road to Feroze
an pleading a justification to an action for defamation,
and that, moreover, with so much celerity of
further, to allege the particular fact or reason
movement, that it scas scarcely anticipated that the .stablishio
tot e
h,ublic benefit resulting from the
brave old Captain would find leisure to have an inter- publicationg•
defevi
defendant
pronouncing
oannpnoyl
tueiina
negt7hnoen
convicted
prosecutoricted,
tsis c
competent
libertyp te n t
view with the Governor-General previous to the to reply, generarly
the
defetaßhe whole, and if after
s
time when he had established his head- quarters in the such plea the
dasnetnte.nce, to consider
land of rebellion, and had opened under his own imme- for the Court, in
aravated or
aiate direction a campaign of extermination to the whether the guilt of
Seikhs, and of annexation to the Punjaub. The Earl mitigated by his plea, and by the evidenceiulsd
yagi:i given
given
nvoemtho
of DALHOUSIE, in the midst of these momentous pre. prove or disprove the same ; and if
parations, has afforded the most brilliant testimony for the defendant, he shall be entitled tgournrpeeocnnot
of his capacities for the exercise of the high functions the prosecutor the costs incurred, and
of the government. Before leaving the chief city plea of justification, if the issue be found for thsepe Pre-
his of our empire on his journey to Allahabad, secutor, he shall be entitled to recover from the- de-
banquet Excellency, on the occasion of a farewell fendant the costs incurred.
banquet at Calcutta, revealed in s,,me measure the Mr. LATIMER availed himself of this privilege; he
intentions of his Administration towards the rebel pleaded the truth of the matters charged, and that the
leaders of the Seikh Population ; and in doing so the publication was for the, public benefit, and the jury
governor-General spoke with a bluntness worthy of found in his favour on both points. The
CLlee and a decision worthy of HAsTINGS. Declaring weapon resorted to by the Bishop thus recoiled upon
in the first instance that his ambition on assuming himself. At length a rule has been obtained by the
the reins of government in llindostan had been the defendant to obtain the benefit of the provision in
maintenance of peace, he acknowledged that that am- the statute, and to recover his costs from the prose-
bition had been thwarted by recent events in the Pun- tutor. The Bishop, however, not satisfied with the
jaub. " War," said his Excellency, " war has come defeat he has already sustained, it appears, is en-
upon os, and that people and that country, unwarned deavouring to deprive him of all those costs—to cast
by pree dent and uninfluenced by example, have upon his shoulders all the heavy expenditure occa-
called for war, and? on my word, sirs, war they sloped by the tmfotßded charge. li4st week hy

THEATRE ROYAL, ADELPIII.
nide, me direction Madame celeste.
During the Recess this Theatre has been entirely re-decorated, the
original designs by Digby Wyatt, Esq., executed by Mr. Sang. A
new Stage, Curtain, Act Drop, and Chandelier. An approved sys-
turn of Ventilation, &c., &c. The Private Boxes enlarged, Backs
added to the Seats, and Stalls rendered more comfortable.
THIS EVENING
Will be performed ST. MARY'S EVE. A Story of the Solway.
Tom Daggs, Mr. Wright; Madeline, Madame Celeste.
To be followed by THE ENCHANTED ISLE. A'onzo, Mr. Paul
'Bedford ; Prospero, Mr. 0. Smith ; Ariel, Madame Celeste.
After which a new Farce called SLASHER AND CRASHER.
Mr. Slasher, Mr. Wright ; Mr. Crasher, Mr. Paul Redford.
To conclude with JOHN JONES. Guy Goodluck, Mr. Lambert ;
Eliza Melton, Miss E. Chaplin.

ROYAL LYCEUM THEATEE.
Under the Management of Madam, Vestris.
Sole Lessee, Mr. Charles MA` he
THIS EVENIN(,,
Will be performed THE MERRY WIVES GU WINDSOR. Cha-
racters by Messrs. Granby, F. Matthews, C. Mathews, Cooper, Bet-
Ingham, Meadows, Selby, Hall, Binge, F, Cooke, Charles,
lkfi,,s Marshall, Madame Vestris, Mrs. Yates, 3iils li. Fitzwilliarn,
and Mrs. Macnamara.
To conclude with an APPEAL Tr) THE r UMW.
Dress Loxes, 55.; Upper Boxes, :s ; Pit, 2 .; Gallery, Is. No
half-price to any part of the house.
The sew Box-office, No. 2, Wellington- st e t, is open to the
publie every day, from Ten till Six.

PRINCESS'S THE ,UT
Mr. J. M. Maddox, Sole Lessee and Vanager.
During the Recess this Theatre has been re-de,r,rated and embel-
lished in a superb and costly manner hy Ilurwitz. A new Chan-
delier has been fitted, and the best ac:nri melt to have been made tor
the due Ventilation of the Theatre, and th: connort and cenyeaience
of the audience.
_ -- • ~
Will be performed LA SONNAMBIJLA.

THIS ETENINe4,

To be followed by a New DIVERTISSEMENT.

To conclude with a new Romantic Opera, entitleu LEOLINE.
Count ♦delmar, Mr. Charles Braham; the Senesch 11, Mr. H. Hero-
castle ; Frantz, Mr. Weiss ; Matilda. Mrs Wei 33; Leoline, Miss
Rafter.

TO CORRESPON DEN TS.
No communication can be attended to urless authenti
eated by the name and address of the writer.
Rejected communications cannot be returned.

THE WEATHER.—SUN OFFICE, DECEMBER 3.
TMERMOMETER, Lowest, 32; Highest, 43; Noon, 40.

BARCMgTEP, 29.87.

WIND S.W.; fine weather all day—changed to rain in the

evening.

DECEMBER 4.
THERMOMETER, Lowest, 40; Highest, 47; Noon, 5
BAROMETER, 29.20—fe1l nearly three quarters of
an inch since last night.

WIND S.W.; strong gales with heavy rain and stormy
dirty weather.

HIGH WATER AT LONDON 111t11)OE THIS DAT.
Morning .. 10 tuba after 7 Evenin; .- t 2 min. after 7

" Paris, Dec. 2.
"M. le Nonce-I will lose no time in communicating
to the National Assembly the letter you have done me
the honour to address to me.
" The Assembly, the organ of the sovereignty of the
people, has responded to the sentiments of the entire na-
tion by spontaneously expressing its lively and deep
sympathy for the Holy Father.
" The Republic, which has a right to choose amongst
past traditions, will ever remain faithful to those which
made France the hospitable asylum of all great misfor-
tunes, and full of veneration and devotedness for the
noblest virtues.
" The vote of the National Assembly approving the
initiative assumed by the Executive Government must
have convinced you beforehand, M. le Nonce, that the
illustrious Pontiff on arriving in Republican and Catholic
France will be surrounded with all the marks of respect
due to his exalted station, and those homages of the
heart will be as affecting and sincere as all those inspired
by faith and liberty.
" The President of the National Assembly.
" ARMAND MARRAST."
M. FRESLON, the Minister of Public Works, left
Paris on Friday night, and proceeded to Marseilles,
to meet the POPE. The business of the department
of public works will, during the absence of M. FRES-
LON, be conducted by M. MARIE.
The Patrie of Friday evening says-
" The Council of Ministers assembled thi s evening
at five o'clock, to regulate the order of the reception to
be given to the Pope at Marseilles. It is said that the
National Assembly will make this an occasion for taking
a week's adjournment, and that a great many of the
Members will go to meet the Holy Father. It is be-
lieved that his Holiness will have assigned to him a re-
sidence in one of the Southern towns of France, unless
he should prefer sojourning in Paris, in which case the
Tuileries would be assigned to him and his suite."
The press of Paris, with the exception of the Red
Republican and Socialist journals, are almost unani-
mous in their expressions of approbation of the
conduct of General CAVAIGNAC in offering the POPE
an asylum in France, and the glory which has in
consequence been acquired by the French Republic.
The Report drawn up in the name of the Com-
mittee of Justice, and at the suggestion of M.
CaEurieux, on the responsibility of the President of
the Republic and his Ministers, was distributed on
Saturday. The grounds of accusation against a
President of the Republic are treason, exaction,
collusion, and the crimes which now come under the
penal law. The crimes and offences affecting the
Ministers are, proceedings with a view to overthrow
the constitution, crimes touching the safety of the
State, the violation of the articles of the constitution
which forbids the President commanding an armed
force; the making war; the introduction of foreign I
troops into the French territory; the refusing to
execute the orders of the President of the Republic
relative to the:safety of the State; intervention in
elections ; and, lastly, the participation in any of the
deeds which constitute high treason on the part of the
President of the Republic.
The Siecle gives the following as a communica-
tion :-" The Independent de Toulause publishes a
letter said to have been written by General LAmout-
clEuu in July last to Marshal BUGEAUD, and the
Marshal's answer. These two letters have been in-
vented by the person who has made them public.
Since the Revolution of February, General LAMORI-
CIERk; has not written any letter to Marshal Bu-
GEAUD, nor received one from him."
The Electoral Congress of Red Republicans and
Socialists of Paris have nominated M. LEDRU ROLLIN
as their candidate for the Presidency, in preference to
M. RASPAIL, by a majority of 300 to 4.
A telegraphic dispatch has been received by the
French Government announcing the arrival at
Marseilles of the steam-frigates which had been or-
dered there from Toulon, and the embarkation of the
troops.
The Corsaire says that it has been reported that
M. EMILE DE GIRARDIN had been poisoned ; the re-
port, it says, originated in his having bitten his own
tongue at dinner.
MM. FELIX PYAT and PEOUDHON have at length
succeeded in fighting their oft-postponed duel. They
met on Friday, and exchanged two shots each.
Neither was wounded.
Intelligence has been received in Paris confirming
the rumours of the death of lurtAutat PACHA, and adding
that ARIAS PACIIA had peaceably succeeded to the
Government of Egypt.
Prince Louts NAPOLEON BONAPARTE published a
letter yesterday, blaming the expedition :to Civita
Vecchia. It was to be expected that Prince Louis
NAPOLEON would disapprove of an expedition, the
object of which was to put down the anarchical at-
tempts of his brother the Prince of CANINO.
COURS AUTHENTIQUE.-PARIS, DEC. 2.-French
Five per Cents., 66t. 20c. 15c. 20c. 30c. 40e. 35c. 30c, 66f.
25c. 20c, 10c. 05c. 661. 65f. 95f. 65f. 90c. 80c. 85c. 90c.
95c. 66f. 65f. 90e. ; New Loan, 66f. 20c. 10c. 65f. 85c.
80c. 65f. Four per Cents., 52t. 50c. ; Three per Cents.,
43f. 10c. 15c. 25c. 20c. 25c. 20c. 15c. 431. 20c. 15c. 431,
10c. 05c., 43f. ; Bank of France, 1.4001. 1,410 f. 1,405 f.,
1,400E1,395f. 1,3901.1,387 f. 50c.; Obligations of the City,
1,125 f.; Roman, 571. 53f, 521 f.; : Belgian Fire per Cents.,
1840, 78i if: ; Ditto, 1842, 78if. ; Ditto, Four-and-a-
Half per Cents., 711 f. ; Spanish Three per Cents., 25.
Exchange on London, one month, money, 25f. 42ic. ;
three months' money, 251. 35c.
BOURSE-PARIS, SATURDAY, DEC. 2.
The market opened pretty firm at about the closing
quotations of yesterday, but some considerable sales
having been made to realize profits prices gave way, and
at the close Rentes were generally marked lower.
Threes at 43f.; Fives at 65f. 90c.; and New Loan, 65f.
65c. The market closed as follows:-Threes, for cash,
431.; for account, 43f. ; Fives, for cash, 651. 90c.; for
account, 65f. 75c.; Now Loan, for cash, 65f. 65c.; for
account, 651. 65c.; Bank of France shares, 1,387 f. 50c.;
Spanish Threes, 251.; Spanish Fives and Neapolitans no,
quoted.

FRANKFORT.
The German Parliament, in its sittings of the 29th
and 30th, was occupied in the discussion of the re-
port of the Committee on Austrian affairs. The ma-
jority of the committee moved—
"ln consideration that the Imperial Ministry has
already been requested by the resolution of the As-
sembly of the 3d instant to obtain the full acknowledg-
ment of the central power in Austria to watch over
German interests in every part of Austria, and to pro-
tect the rights and liberties guaranteed to the Austro-
German people against every attack, but the measures
hitherto taken for this purpose having proved insuffi-
cient, the National Assembly calls again upon the Im-
perial Ministry—
" 1. To take energetic measures that the resolution
of the 3d instant may be executed, and that the excep-
tional state of things at Vienna cease as soon as order
and tranquillity is established there.
"2. To obtain through the Imperial commissary for
Austria, without delay, the open and decided acknow-
ledgment from Austria of the Central Power, as also
the carrying out of the resolutions of the German Na-
tional Assembly in the German provinces of Austria."
The following is the motion of the minority :
" Considering that the Imperial Commissaries,
Welcker and Most& were not able to succeed in obtain-
ing that esteem in their relation with the Austrian
authorities, which is due to the Central Power and its
agents; and considering, further, that besides the steps
taken by the Commissaries (which the Assembly cannot
approve), it has become evident the Imperial Ministry
has not been able to secure to the Central Power, in re-
lation to Austria, that position which the Central Power
should occupy in relation to every individual State—
" The Assembly calls upon the Central Government
to obtain at last that the laws and resolutions decreed by
the National Assembly be carried into execution in Ger-
man Austria, in accordance with the honour and dignity
of Germany."
Giskra, of Mahrisch-Trubau (Austria) blamed the
conduct of the Commissaries (Welcher and Mosli), and
considered the Imperial Ministry answerable for the con-
sequences of their ill-management in the Austrian ques-
tion, in which they showed, in his opinion, utter inca-
pacity. He supported the motion of the minority.
Weleker, the late Commissary, obtained the word to
defend the conduct of the Commissaries during their
late mission in Austria.
At the conclusion of his speech, Mr. Welcker ob-
served that in his opinion Austria must keep together
all its members, and that German Austria must be con-
nected with Germany; at all events, Austria must not
be severed.
Von Schmerling, Minister of the Interior, answered
to the attacks of Giskra against the Imperial Ministry.
He thought it not strange that United Germany was not
acknowledged at London and Paris, since civil war
raged in different parts of this unhappy country, and the
' Central Power and the National Assembly itself were
slandered and mocked in the German newpapers and in
public places.
Vogt, of Giessen, asserted that the Ministry took a
different course from that of the majority of the House.
The Ministry did not suit the Assembly. The German
people now well know that the Measures taken by the
majority for their interest more, or less were spoiled in
their execution by the Ministry.
After Mr. Vogt's speech the Assembly pronounced
the conclusion of the debate, but adjourned the vote.
On the 30th the question was put to the vote, but
neither the motion of the majority of the committee, nor
that of the minority, nor any one of the amendments
proposed by the Members, could be carried. The simple
order of the day, and the order of the day motive, which
were both proposed, were supported only by a small
fraction of the Right. The motion of the majority was
declined, by a vote of 220 against 219; that of the mi-
nority by 270 against 185. An amendment by Wagner
was declined by a majority of merely three votes, 22e
against 221, In consequence of this strange voting, th
Assembly decided to refer again to the same committee
the different motions and amendments for reconsidera-
tion and a new report.
Previous to voting, the reporters, both of the mi-
minority and majority of the committee, recommended
their respective motion/4

RAILWAYS.—The Share Market has been rather heavy
to-day, but prices have not undergone any material
alteration in prices. Orleans closed at 600 t.; Rouen,
352 f. 50c.; Avignon, 162 f. 50e.; Vierzon, 215 f.; Stras-
burgh and Bale, 76f. 25c.; Nantes, 310 f.; Northern, 341 f.
25c.; Bordeaux, 363 f. 75c.; Paris and Strasburg, 326 f.
25c.; 111ontereau, 100 f.
BUSINESS DONE IN FOREIGN RAILWAYS AT THE
LONDON STOCK-EXCHANGE, DEc. 2.
Luxembourg (10/.), 1 %---Orleans and Bordeaux, 1%.

SPAIN.
Madrid journals of the 2Gth ult. have arrived.
General CORDOVA is to be placed under arrest and
tried by court martial for his recent conduct in
Catalonia.
General MANUAL CONCIIA :left Madrid for Cata-
lonia on the evening of the 2Gth. He had a long
interview with NARVAEZ in the course of the morn-
ing, who promised to place at his disposal all the
men fend money he
might require. The army in
Cataloniat s
accompaniedtobe
reinbroyrcGedenebryal
:A2loATbAatytaAlioLnoss.
as chief of his staff.
There was no Bolsa on the 2Gth.
T--

A.DR CHARTIST LAND SCHEME—We hear that
"The People's Estate" at Mathon, purchased by Mr.
Feargus 'O'Connor, is about to be brought again to the
hammer, in consequence of that gentleman declining to
complete the
,purchase The reason assigned is the
" annihilation (Mr. OConnor's own term) of the in-
come derived from subscription to the Land Company
since the publication of the evidence taken respecting
its affairs by the select committee of the House of Cons-
-1120no."-.. WOrCeB(fr Herald,

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