The Sun.
London, England, 1848-08-14 00:00:00

THE SUN, LONDON, _ MONDAY EVENING, AUGUST 14, 11318

writing of the prisoner, that fact might easily
have been proved. If he had uttered speeches I
in which the same sentiments were put forward,
although clothed in different language, some evi-
dence might have been adduced which would have
led the jury to the conclusion that he was guilty of
one or both of the intents charged in the indictment.
But there was nothing of the kind; it was perfectly
consistent with the evidence that the defendant
might have been wholly ignorant of the contents of
these articles, that he might never have seen or
heard of them before he was arrested for their publi-
cation.

The eminent counsel who conducted the case was
not slow to avail himself of the deficiency of the evi-
dence against his client, and to the judicious and
skilful line of argument adopted by him the
result may, in a great degree, be ascribed
and not, we hope and trust, to any pre-
meditated determination, on the part of any of
those sworn, " a true verdict to return, according to
the evidence," to shelter the prisoner from the con-
sequences of his offence, if it should be clearly and
unequivocally brought home to him. The case for
the defence was also materially strengthened by the
fact, that the prisoner had served notices upon the
Crown prosecutor, requiring the production of the
original manuscripts, that had been taken possession
of, which demand was not complied with. If the
manuscripts had been produced in court, the defendant
might have shown that they were wholly in the
handwriting of his coadjutor, who was also in
custody, to stand his trial for the same offence, at
the same sittings of the Court. These circumstances,
so ably commented upon, were surely sufficient to
justify a doubt as to the intentions of the prisoners
and to render the disagreement of the jury pos-
sible to be accounted for on other grounds, beside a
previous determination by some of the jurors to ob-
tain an acquittal per fits aut nefas.
When Messrs. O'BRIEN and MEAGHER were tried
some time since, the authorship of the inculpated
articles were at once admitted by the prisoners ; the
only question, therefore, was the obvious intent and
meaning of these writings. Upon this no reasonable
doubt could have been entertained by any sane man,
Those, therefore, who refused to join in the verdict
of the majority must have been actuated by the
most improper motive—a determination to prevent
justice from reaching undoubted offenders. How happy
would it now have been for these unfortunate men had
the juries in the former cases been unanimous, and
every one influenced by the same conscientious
motives as the majority. They would, most proba-
bly, now have been prisoners, but they might have
looked forward to the period when their incarceration
would terminate and they would be restored to their
friends, their offences against the law being expiated
by the salutary punishment they had undergone.
Their imprisonment would have rendered it impossible
that they could have been guilty of the more aggravated
crimes with which they are now charged, and for
which they are lying fettered prisoners, the most
sanguine hope of their friends being, that their forfeit
lives may be spared, and that the clemency of the
Crown may substitute a sentence of perpetual banish-
ment for the death that might most justly be inflicted.
The course that will be pursued by the law officers
in consequence of the discharge of the jury without a
verdict, is not yet known. We do not, for the reasons
we have above set forth, regard the recent case as
evidence of a determination not to convict when suf-
ficient grounds are laid before a jury. We there-
fore trust that the other cases may be proceeded with,
and if the missing link in the chain of evidence can
be supplied, there is no reason why Mr. O'DonEnTr
should not be again placed upon his trial even daring
the present Commission.

It is curious and interesting to compare the
different deliberations of the English House of Com-
mons and the National Assembly of France ; and as
if to facilitate and render such a comparison more
interesting, the two Houses of Legislature are just
now occupied with very similar subjects. True, the
object of one House is to reform old institutions, mid
of the other to create those institutions anew ; still,
practically, the tendency of their deliberations is the
same, and the subject-matter of these deliberations is
occasionally very similar. Two very important
matters just now occupy the attention of Committees
of both Parliaments. In France one of the most im-
portant subjects now under consideration is the re-
gulation of the Press, and in England the election
of Parliamentary representatives. These two subjects
have a closer affinity than may at first sight appear.
Both, practically, affect, if not liberty of conscience,
at least the free expression of opinion. It is surely
not necessary at this time of day, and especially in
this country, to dilate upon the national advantages
attending upon an unfettered press. In this country
freedom of the press is not looked upon as an advan-
tage, but as a necessity. In France, by a strange
contradiction, the press occupies a position at once
more honourable and less honourable than in Eng-
land. "England is a country governed by its
journals, where the name of its journalists are
never known," said the Honourable Member for
Canterbury, when speaking at the Manchester Athe-
naeum. In France the journalists fill a more promi-
nent place—their names are known and honoured,
yet the journal in which their opinions are expressed,
and from which their celebrity is derived, are far from
enjoying that freedom and immunity which is the es-
pecial privilege of their English contemporaries. The
French journals are any day liable to be " seized," a
ceremony of the effect of which we are practically in
blissful ignorance. In England, if a provincial reader
does not receive, as usual, his London paper, he at
once blames the neglect of his news-agent—
he never dreams of supposing the Government
have " stopped " the paper l In France such
a supposition is quite natural, and a matter of
course. Therefore it is we say that if the position of
the journalist be considered more honourable in
France than in England, then the position of the
journal is infinitely less so. Whether or not the
system of " seizing" newspapers is to be continued
under the new regime remains to be seen. A Com-
mittee of the Chamber of Deputies are now busied
with framing laws for the regulation of the press,
but to our thinking they are giving themselves un-
necessary trouble—the fewer; regulations made upon
that subject the better. They cannot allow too much
liberty to the public journals ; in this, as in all cases,
half-measures are most pernicious—there is no such
thing as half-liberty, it is as impossible in existence
as half-life. If the press be intended to be a true
exponent of public opinion it must be allowed to
follow every shifting current. The compass cannot
point truly when in leading-strings. From the recent
discussions of the French Assembly, more especially
from their resolution to demand from every journal
so much " caution-money," we are inclined to fear
that the Republicans of France do not suf-
ficiently recognize the vital necessity that a
free nation should have a free press. It must,
however, be remembered, by way of extenuation,
that the circumstances of the State render many
measures temporarily expedient which would not be
tolerated as permanences, and among these must be
any restrictions which the Assembly may at the pre-
sent moment deem it necessary to place upon the
freedom of the true representatives of the people.
While our continental neighbours have been de-
bating about the condition of the press, the English
House of Commons has been deliberating about
Parliamentary elections, and both these subjects, as we
have said, have reference to the free expression of
popular opinion. In both cases the subjects at issue
are similar, if not the same—namely, are the people to
be allowed a free utterance of their opinions, either
by the voices of their journals or by their individual
decisions in the polling-booth'? The question as
regards the journals is not yet actually settled in
France, and as regards the electors it is not actually
settled in England—not actually settled, and yet
virtually decided—for while the investigation of the
corrupt elections is yet pending, the House of Com-
mons has decided in favour of a measure calculated
to put an end to such " corrupt practices." Many
preliminary steps have, however, to be taken
before the ballot will be the law of the land, and in
the meantime the Bill referring to the corrupt prac-
tices at elections is passing through Committee. The
debate upon this subject on Thursday evening was
peculiarly animated' and peculiarly amusing, al-
though not, perhaps, generally speaking, very credit-
able to the character of the House. The greater part
of the speakers seemed to be inhabitants of " glass

1 _ ~ ..

houses," but magnanimously scorning the reasonable
advice of the old adage, they seemed to take a
peculiar pleasure in " throwing stones"—per-
sonality was the order of the day, per-
sonality of every imaginable quality, the witty,
the refined, the humorous, and the impertinent.
Yet the insignificant discussion of Thursday, and the
most significant decision of Tuesday, are, taken to-
gether, very satisfactory. They assure us, and in no
unmistakeable way, that another Parliament will not
be summoned together by "corrupt practices." Be-
fore another session has passed by, a free expression
of their opinions will be guaranteed to the people of
England when called upon to choose a representative
—an expression of opinion unrestricted by the inter-
ference of any seignorial censor, in the same way as
a similar freedom of expression must ere long be as-
sured to the press of France.

From an official announcement it seems that there
are at present in the 11th arrondissement of Paris;
3,000 unemployed operatives, and that in the 12th
arrondissement, 12,000 are subsisting upon the food
provided by the municipal authorities.
On Thursday, the Neapolitan Minister had an in-
terview with M. BASTIDE, to demand the intention of
the French Government with respect to Sicily. M.
BASTIDE replied that the Government did not intend
that Sicily should become another Portugal for the
benefit of England. Being further asked what diplo-
matic course France would follow, in the event of
the re-conquest of Sicily by Naples, or of the inter-
vention of England, M. BASTIDE declined to answer.
BUSINESS DONE IN FOREIGN RAILWAYS AT THE

LONDON STOCK-EXCHANGE, AEG. 12.
Boulogne and Amiens, 6 4 —Namur and Liege, 41,‘
Northern of France, s%—Orleans land Bourdeaux, 134
Sambre and Meuse, 2%.

they oppose its commands. Only in this way will the
Imperial power be able to carry into effect the will of
the nation, to restore a free and united Germany, sup-
posing, of course, that such is really its will ; only in
this way will it obtain the requisite power for the re-
introduction of order, the restoration of tranquillity (and
at the same time of progress) at home ; only in this
way will it succeed in the satisfactory solution of th ise
social questions, which neither the eloquence of oratory
nor the thunders of artillery are henceforth in a position
to dispose of in perpetuity. Thus, finally, would Ger-
many be able to assume an attitude with regard to
foreign countries which would command their respect,
without, as hitherto, irritating them by means of emptj,
menaces. Any other course which the new Imperial
power might pursue must either lead to a weak and dis •
united Germany (because the seeds of discord were
again deposited in the soil), or gradually bring back
Germany to the old confederation of states. It would
really be unworthy of a great cation and its represen-
tatives to deceive itself—to say one thing to will another.
Choose, therefore! (Enttveder oder!)
"(Signed) F. CARL, PRINCE OF LEININGEN.
"Frankfort-on-the-Maine, July 1848."
We have given this remarkable proclamation, or
rather manifesto, from the pen of the Minister for
Foreign Affairs of the Germanic Confederation, be-
cause of the importance of the manifesto itself as a
fact, and also from the peculiar position of the Prince-
Statesman from whom it has emanated—the repre-
sentative of a triumphant revolution, and the half-
brother of her Britannic Majesty Queen VICTORIA.
In the National Constituent Assembly it was
officially declared on the 10th inst. that the Central
Ministry was composed as follows :—Prince
gen, President of the Council ; Von Schmerling,
Minister of the Interior, with Bassennann and Von
Kurth, as Under-Secretaries of State ; Hecksher,
Minister of Foreign Affairs, with MM. Von Gagern
and Briegleb as Under-Secretaries; Duckwitz,
Minister of Commerce, with Merissen and Fallati as
Under-Secretaries; Beckereth, Minister of Finance,
with ➢Batty Under-Secretary; and R. Von Mohl,
Minister of Justice, with Wedenmann as Under-
Secretary.
The war in Lombardy is regarded by the majority
of the Assembly as a strictly national war, and not
as one merely involving the reputation of Austria.
One battalion of the line set out for Schleswig-
Holstein on the 9th, and met with a most solemn and
cordial welcome at Coblentz. The German flag
and colours were waving over all the houses on the
quay of Ehrenbretstein, and the steamer which
conveyed the troops was saluted by the guns of the
fortress. The battalion will be joined at Biebrich by
a detatchment of troops from Nassau. The troops
will arrive at Minden to-day, and to-morrow at
Hamburgh.
The number of German troops which are to march
to SchleswigftHolstein is estimated at 42,000.
The Danes are seriously impeding the German
commerce by their seizure of vessels.
A letter from Frankfort, of the 9th, says—" I
have learnt from good authority that the Central
Provisional Powers granted to the Prussian Govern-
ment full powers for concluding the armistice with
Denmark, and has, at the same time, authorised it to
open a negotiation for the definite condition of
peace."
On the other hand, the German journals state that
M. lIRCKSCHBR7 Miniker of the Empire, has set out
for Schleswig, in the quality of the Plenipotentiary
of the Central Powers, to be on the spot in case any
new propositions should be made.---L'Emancipation,
August 13.

" We learn by a private letter, that the Archduke
John, acting as Vicar of the Empire and Generalissimo
of the Imperial Army, has issued orders to the general
commanding the German troops on the frontier of
Schleswig, not to resume hostilities against Denmark.
The Archduke, before recommencing, hostilities, has dq-
terrnined to wait for the answer to le overtures he has
made to the Cabinet of Copenhagen. It remains to be
known, and doubts on the subject are entertained at
Frankfort, whether the Danish Government will e.c-
knovrlecige the Executive power of the Archduke, and is
willing to enter into negotiations with his envoy."
The total number of troops who are to reinforce
the Schleswig Holstein army is stated to be 32,900
men infantry, 220 pioneers, 3,900 horses, and 88
pieces of artillery. Austria, Bavaria, and Wurtein
burg will each furnish a division general, and Nas-
sau and Saxony a brigade general.
lIADERSLEBAN, AUG. B.—This afternoon our gar•
rison was called upon to act. About four o'clock the
intelligence arrived by express that the Danish volun-
teers had attacked the German cuirassitres, who had
been quartered in an isolated spot, almost entirely
surrounded by woods, near Stepping, in the neigh-
bourhood of Christiansfeld. About noon the enemy
surrounded the spot, and took 12 cuirassiers pri-
soners, and some were killed. An officer cut his
way through most gallantly. The surprile is, no
doubt, owing to treachery. According to a state-
ment of an eye-witness, the cuirassiers were made
prisoners by a strong revolutionary party. Yester-
day several' persons arrived here from Nustrass, and
were transported to Rendsburgh. Oli, Jacobson,
and Sjolland are also under arrest.
General BowiN is gone to the north, and a division
of the Emperor FRANCIS'S regiment and artillery is
stationed at the south side of the city.
RENDSBURG, AItG. 10.—The Ist battalion of the

Schleswig-holstein army arrived here to-day at noon.
They were met at the gates by a numerous deputa-
tion of burghers, and in several parts the houses were
crowned with wreaths of flowers.
ALTONA, AUG. 11.—A deputation of Rendsburg
burghers to the Provisional Government have been
informed that the Government does not intend to
transfer its seat from Rendsburgh to Kid.
The arrival of troops from all quarters continues to
increase, and more are daily expected, and all the
various ports have been filled up by the troops as-
signed to them.—liamburgh Borsenhalle.