The Sun.
London, England, 1848-11-08 00:00:00

THE SUN, LONDON,

the plaintiff. Under these circumstances there was I
an application for a new trial. Nine of the jurors
who tried the case made affidavits as to the correct-
ness of the above facts, and that it was their "intention
to have returned a verdict for the defendant." The
Court yesterday refused the application, on the fol-
lowing grounds :—The Lord Chief Baron, who pro-
nounced the judgment, said, " Admitting that the
jury had given in their verdict under a mistake, and
had intended to find that the defendant had caused
the plaintiff to be imprisoned under the bona ide
belief that he was acting in the execution of his
character as a magistrate, substantial justice would be
administered by leaving the mistaken verdict alone;''
for if the verdict recorded by the jury had been re-
corded, it would at once have been set aside as one un-
supported by the evidence."
Now, with the utmost respect for the Court, we
must protest_most strongly against that decision. We
do not mean to justify the conduct of the defendant,
or to assert that the result did not meet the " sub-
stantial justice" of the case, but that justice was
attained, we submit, in an improper manner.
According to the constitutional law of the land,
it is the province of a jury to decide exclusively
upon the facts of every case submitted for
their decision. The presiding judge may
assist them by summing up the testi-
mony of the several witnesses and ley commenting
on the different points, but still it is the duty and the
privilege of the jury to decide for themselves after
having heard the evidence and the charge, and any
encroachment upon that privilege we must regard as
an unjust and unwarranted usurpation. If they
arrive at a wrong conclusion there is a recognised
and adequate remedy—a new trial may be applied
for ou the ground that the verdict was contrary to
the weight of evidence, and if the Court should be
of that opinion, a venire de novo will be issued,
and the point or points again submitted to the
judgment of twelve men, sworn to return
an impartial decision between their fellow subjects
That would be a correct and proper course, against
which no objection could be offered. But in the
present instance a question perfectly decisive as to
the case was expressly left to the jury. A verdict
was taken which it is admitted was altogether con-
trary to the intention of the jury, and the acknow-
ledged mistake was founded upon the manner in
which the judge had submitted the case, leaving two
questions for them to answer. " Extreme cases," it
is said, " make bad precedents." The Court might have
been anxious to punish the misconduct of the defendant;
but they should not on_that account strain the law,
and violate the constitution, or sanction and confirm
a verdict, snatched by surprise, and contrary to the
real intention of the jury. Justice may be promoted
in the present instance, but grievous injustice may
be the result of the precedent thus established upon a
future occasion.

THE FRENCH REPUBLIC.

We have received the Paris papers of yesterday.
The Rue de Poictiers Club has determined not to
propose any candidate for the Presidency of the Re-
public, moved thereto by a speech from ➢l. THIERS,
of which the following report has appeared in the
papers :--

" The Honourable Gentleman declared that he was
perfectly disinterested in the question, for he had re-
fused the candidateship for the Presidency which had
been offered to him by the several departments. He was,
he said, neither candidate for the Presidency nor for the
Ministry under either of the Presidents who were likely
to be chosen. He was neither acquainted with General
Cavaignac nor Louis Napoleon; he was neither animated
with a feeling of affection nor of dislike to then? ; his
only object was to seek out the meant of procuring the
future happiness of the country. General Cava?gnacap-
peered to him to have an indecisive policy, which might
incline him in certain cases in a direction other than
towards the Moderate party, and for this reason he felt
with regard to him a kind of mistrust, not of him
personally, but of his opinions. Certainly General Ca-
vaignac would be better than the Governments which
preceded:him since February 24, but he was not so de-
sirable as to induce him to make an effort in his favour.
The country was at this moment strongly in favour of
Louis Bonaparte, and in order to counteract his influence
an effort would be necessary, but which would be with-
out motive, since sufficient confidence was not felt in
General Cavaignac to excite interest in his favour. The
question then was, whether it would be right to pro-
pose a third candidate to the country in the name of
the Club of the Rue de Puictiers ? He thought not.
He thought the proposal of a third candidate would
injure the Moderate party. Such a candidate would
only have the support of a part of the Moderate
party, the rest would inevitably support Louis Bona-
parte. The consequence of that would be, that neither
would obtain the absolute majority in consequence of
the division of votes, and the election would have to be
made by the National Assembly, and it would undoubt-
edly choose General Cavaignac. By proposing, there-
fore, a third candidate, the election of General Cavaig-
nac would be secured. If, therefore, his election was
wished, it would be better to promote it in a straightfor-
ward manner, and Rot indirectly. Advantageous re
sults might be even obtained for the country by coming
to an understanding beforehand with the gallant Gene-
ral, and demanding from him a programme; au engage-
ment, with regard to certain Bills to be withdrawn or to
' be presented, and relative to certain selections to be
made or to be revoked. By so doing his success would
be secured, and he would be elected by a victory, and
not by a defeat, of the Moderate party. He should
therefore say, let there be no third candidate pro-
posed by the Moderate party, for that would be
tantamount to declaring the unconditional election
of General Cavaignac by the Assembly. It would
be, moreover, the division of the Moderate party,
which counts at least nine-tenths of the whole number
of electors, and who would vote, a part for the candidate
proposed by them, and the rest for Louis Bonaparte.
For these reasons we should propose to let the country
follow its bent, and not propose a third candidate. It
had been said that every member of that Club was placed
in an embarras.-.ed position, and that they ought to get
out of it by proposing a candidate. In his opinion they
should each get out of the embarrassment by giving
conscientious advice to those who might consult them.
It had been said that the country was misled, and that
the members of the Club of the Rue de Poictiers ought
to resist the movement. And why, he would ask?
It certainly was not they who created the embarrass-
ment. These who had created it were those who
since the 24th of February had governed France in
such a manner as to fill her with uneasiness and bow
her closets with misery. France thus situated sought
for a name most opposed to those he had mentioned, and
it is as for that reason she fixed her attention on Louis
Bonaparte. The fault, therefore, lay with those who
had governed the country for the last eight months. He
did not even know Louis Napoleon; he had nothing in
common with him; he did not labour in his behalf; but
to stand an opponent to him would, he repeated, be to
divide the Moderate party in a disadvantageous manner,
and to procure the triumph of General Cavaignac with
out having obtained any satisfactory guarantee from him.
In such a state of things his advice was that they should
have no candidate of their own, but that each should re •
commend the one he preferred.
" After the speech of M. Thiers, the meeting came to
a vote. Out of about 200 members who were then pre-
sent only 37 voted for the nomination of a candidate,
and more than 150 voted that no candidate should be
proposed by them."

From this decision it is evident that the members
of the reaction think the time is almost ripe for an
attempt at a restoration, and that they would not be
sorry to see even the advent of a Red Republic, in order,
as CAMILLE DESMOULINS said of their predecessors
in the cause of reaction, to drive liberty mad, that they
might disgust the world with her. In consequence of
this decision several of the moderate Republicans
have left the club : among them is AI. DEGoussaE,
who has addressed the following letter to the presi-
dent :

" Paris, 6th November, 1848.
" Mr. President,—l beg of you to infurm the club of
the Rue de Puictiers that I can no longer remain a mem-
ber of it, and that I request it to accept my resignation
of the office of vice-president.
" I owe to the members of that meeting, who have
constantly honoured me with particular kindness, to
make known to them the motives of my retirement.

......_ ........_ .
composed of diver-se elements, has,
The meeting,
frankly, an
Republic; thet its ob-
jectarriere pensee, to the democratic
and moderate direction,
asiffneceetioitnss, foirtmwatoiounld, draecl
iared that, fordgetwtiinthgouatncaiennyt,
endeavouring to impose
coun-
try, and to oppose those who
was to give it
who,
by endeavouring
force, could not do
it upon the country. by fear a
which would make lit gbeenerousb
otherwise than raise its enemies. Faithful accepted andi,ai
tlhofvueld t
ob by
thesethe priu .
prin-
ciples,
loyallyiples, the
supportedmee t meeting
we have passed
that the difficult times through which aslelrvtihceesm, and has
have forced it to adopt.
" The most complete union had
gthheas Governmentrendere greiant
for a long time
reigned amongst us till about a month ago, when a sen-
sible change took place in the spirit of our
to discussions;
me that the
and our last sittings have demonstrated
Republic is therein rather tolerated as a temporary
olne-
cessity than supported as the only form of gove7m
that can insure the happiness of the country. having
been during the whole of my life devoted to Republican
principles, which require a perfect freedom of opinion',
I cannot admit that in the fear of making known to the 1
country its divisions into a majority and minority, a
meeting should abstain frommaking known the candi-
date for the Presidency it thinks most apt to consolidate
the Republic, and insure the well-being of the country.
At the sitting on Saturday there were 150 members pre-
sent. Of these 37 concurred with me, and 52 were op-
posed to the choice of a candidate; the rest abstained
from voting. For myself, who have never dissimulated