The Sun.
London, England, 1846-05-25 00:00:00

THE LAW OF LIBEL.
(From the Wolverhampton Chronicle.)
The obtrusion upon our readers of any matter in
which we may be personally concerned we c Insider to
require strong justification, and acting upon this im-
pression we have foregone frequent opportunities of
bringingunder theirconsideration the subject upon which
we now feel it our duty to make a few remarks. We
need not, we are confident, do more than appeal to our
readers' own experience for a testimony that our course
has beerfre 6 from personality and slander, yet such, we
lament-tesay, is the position of the law of libel, that while
we concelyed ourselves to be honestly fulfilling one of
our most imperative and important obligations, we find
ourselves heavily punished ; and punished too for seek-
! ing to restore to the public the enjoyment of rights and
privileges of which, for many years, they had been—
(and continue to be)—most unjustly deprived. -
Our readers, from what has previously been placed
before them, will, we doubt not, perceive that we refer
proceedin
gstrcoodnuseetoquryensteunpteonncoesu,rapnubexlitsrahientgirwomithana
to the case of the Lichfield Grammar School, and the
few
law
proceed
official report respecting this school, made by the Rev. Mr. Allen, inspector of schools, chaplain to the Bishop of
Lichfield, and a high functionary in King's College; and
this report was printed in a cheap form, in conformity
to an Act of Parliament, and by the authority of her
Majesty's most honourable Privy Council.
The doors of the Lichfield Free Grammar School had
been closed for between six and seven years, not a
scholar had been instructed, and yet bad the endowment
been regularly received by the master. Garrick, John-
so , and Addison had received their early education
wit sin its walls ; and this fact, with the unparalleled
ce cumstance that five of the twelve Judges of England
at one time adorned the bench, who had been amongst
its alumni, gave to the institution re ordinary claim upon
the exertions of those who valued it for the scholastic
renown it had acquired, or who d ,sired to preserve it
for the educational advantages it n-ieht yet dispense.
With feelings influenced by the cireumstsnces we
have mentioned—with a knowlec'ge that the reopenirg
of the school was intensely desired, with complaints of
its suppression both publicly and prlsately made to us,
we copied from the Rev. Mr. .Alen's report, officially
sanctioned as we have before stated, an extract in which
the decay of the school was tothe attributed harshness of
.
its then master, the late Rev. Cowperthwaite Smith.
This extract, un'hickii
could not be leo-ally ro;!' for
d us, contained charges which
for libel against Mr?. eMr'
Smith brought an action
publisher of the ~Parker,rep„. attll:ob )okeller, the oligi, al
copiel it. Mr. Parker, it should be ,Dfearivu(3 re bl-1 a for
11'
a‘
I:
ng
hing the port, stood beween the Rev. M ypublisr. Allen and hi., legal liability. Government defended the action again .1 Mr.
Parker, employed the Attorney-General and the l'r, u-
sury solicitor in his behalf; and paid for him the damages
and costs. We, who copied the libel—we, who inven ed
nothing, stated nothing upon our own authority—were
coldly treated, repulsed, and finally found ourselves in-
volved in about 3001. expenses, because we believed the
statements of a Rev. Government Commissioner to be
true, and gave to them, as in duty bound, a local circu-
lation. Thus the original libeller, through the kindness
of Government, escapes scot free ; we have to pay a
heavy fine and damages. The justice, the honesty of
this, we must own, we cannot conceive.
Nor is this all. While conduct of the shabbiest
character has been pursued towards us, our course,
we venture without fear of contradiction to state, has
been distinguished by an adh:rence to honourable
principles which must, we think, originate a feeling of
shame in those whose proceedings we censure. Some time
—(we are compelled to disclose the circumstance, that our
case may be properly understood)—before the trials, it
was proposed to us that if we would declare the charges
against Mr. Smith to be " false," proceedings against us
(
would be abandoned. At that period the defence of Mr.
Parker—(properly that of the Rev. Mr. Allen)—was in
preparation, and we would not damage it by declaring
the official report to be "false." We would not purchase
an exemption from our liability by stigmatisin it with
falsehood :we would not be a party to g
yto increasing the
difficulties in the way of the defendant's justification.
That we have not pursued a wordlywise policy we know
to our cost ; we neglected more than one opportunity of
staying legal proceedings against ourselves, because we
did believe the libel to have a basis in truth, and becuse
we could not believe that we should find ourselves aban-
doned as we have been to the consequences.
The Learned Attorney-General, who, on the part
of the defendant, profited by our forbearance, was,
we perceive, one of our most decided opponents in the
House of Commons, on Wednesday last. He told the
House that "we began the matter with a latin quota-
tion—an aggravated offence certainly)—Ecce iterunt
Crispinns—and followed it up with remarks certainly
to the disadvantage of the master of the school," and he
told the House that damages had been obtained for an
article only because of the heading " Shameful conduct
of an attorney." Is there any parallel between
the cases ? We did not head the article
"Shameful conduct of the Reverend Cowper-
thwaite Smith." No allegation of I'nel against the
introductory sentences 1, as or could be sustained ;
they were innoxious, and therefore we hold, as every
man of common sense ail hold, that we have been con-
victed because we republished a libel. put forth under
the ealtiority of government, not knowing it to be other-
wise than the truth. The Government, through its agents, •
led us into error-14111d it is nothing less than a subterfuge
to allege that a frw amusiat introductory sentences could
justly depriie us of the right of being defended at the cost
of Government, while that right or favour, whichever
it may be'cidled, was accorded to the writer and first
propagator of the " official report." The Learned At-
torney-General, also, in order to create a distinction be-
tween the two cases, says " Mr. Wood was defended by
a different solicitor." We feel something like contempt
in noticing such unhandsome efforts at mystification.
Why was Mr. Wood defended " by a different solicitor ?"
Because the Treasury refused to allow the Treasury so-
licitor to defend him : the request was preferred and re-
fused. And yet the Attorney-General urges this very
deprivation as a circumstance adverse to our demands !
Mr. Muntz, we find, says he would be " the last man
to interfere with the liberty of the press." We, how-
ever, beg to suggest another, and, as we think, more
accurate version. He means, if he means anything by
his context, " that he would be the last man to pro-
tect it." We always distrust people who start with
unusually warm professions of regard ; there is
generally a sting in their tail ; and so with
Mr. Muntz. He has a great regard for the press,
values its freedom, no doubt, as he does his life, and
yet, in a case which has been universally admitted—
(even by members of the Government itself)—to
be one of extreme hardship, he does all he can to de-
prive it of protection—and more, even ventures upon a
little fibbery to damage it—for he says we "commented
upon it (Mr. Allen's report) unsoundly, unjustifiably,
and untruly;" the literal fact being that not a word of •
comment has appeared ! With Mr. Muntz's connexion
with the late Rev. Mr. Cowperthwaite Smith we have
nothing to do ; but we trust that the next time he
patronises the " liberty of the press," his sayings and
doings may be less injurious to his protege.
For many remarks in our favour and on the general
bearing of the enestion, we must refer to the parliament..
ary report on the subject, given in our fourth page. We
feel proud of our standing throughout the debate. Not
a word inculpatory of our conduct was uttered, except
by Mr. Muntz. The support of such men as Lord Ingestre
(to whom we are especially indebted), Lord Sandon, Sir
' R. H. Inglis, and Mr. W.D. Christie, is an honour which
we highly appreciate. Nor ought our thanks to Mr.
Ewart to be omitted ; the Hon. Member, though he
thought the House ought not to interfere—the case
having been determined by the existing law—yet at
once said " he thought the Noble Lord had made out a
h testi-
mony case for the alteration of the law."
Stronger
in our behalf could not be given. An altera-
tionis
manifestly unjust, .
in the law we earnestlyides desire. Its operation
earnest)]
to be so. The autho-
rised reports of the
and
itGovernmentis felt
have become a snare
No one dare rely upon
Wall for the Press.
and a pi
risk of a
is free from the
their accuracy--no one
't who, with the best intentions, may
ruinous lawsuit
venture to reprint or to rewrite or otherwise
circulate their contents. This is the position of the law
with regard to reports and other pacers issued by the
Government, while those ordered by the House of Com-
mons to be printed are protected publications—the
Speaker's eertificate of the accuracy ( '.' the republication
is enough for a defendant's justification. Why, in the
case of a Government report, such as that fucniohing
the subject of these remarks, should not the same law
prevail? It is this we seek; it is this the Press ought
to seek; and it is this the law ought to afford.

PUBLIC NURSERY FOR CHILDREN AT GLASGOW.—
The experiments made at Glasgow of the practicability of
establishing a public nursery for the care of children whose
parents are prevented by their avocations from taking care of
them at home, or of children who are orphans, has proved suc-
cessful. " Applications for admission," says the annual re-
port, " are becoming daily more frequent and urgent ; and
as the working classes are becoming. more sensible of the
aacdcvoamntamgodesatoifonthewiinilstsitouotniobne, irteigsulbrevdmfuosr thatmluacrhgegreater
com-
munity. Indeed, so successful has been the undertaking, and
so completely does it answer the object intended, as far as
limited means and limited accommodation yuuld permit,
that there is no doubt that Glasgow will not long be
the only city in this country that can boast of a
nursery institution. ' Healthy children, from eight?en
months to six years of age, are admitted at the oininal
charge of Is. 6d. per week. Those who wish their children
admitted as
.day-boarders only, are charged Is. p,,r week.
" Their food consists of porridge and milk for breakfast ; a
roll at eleven o'clock ; usually broth, with beef and potatoes,
for dinner ; and bread and milk or porridge for supper ; and
care is taken that they have at all times a sufficient supply.
Particular attention is also paid to the cleanness, comfort, and
health of the children. Their cribs are kept scrupulously
clean ; the rooms in good order, well aired, and, in winter,
or when necessary, provided with firm"— Seotsmtm:
THE MILK TRADE WITH LoNDoN.—A striking illus-
tration of the creative effect of railways upon the trading resources
years ago, have
of a district is manifest along the course of the Eastern Counties'
line.
fall to
chi tact:e thatplaces,s nr
inhabitantsthe The neighbourhoods
of which
woofulltdo m
probably,for d , enhenroaett:asvlino;naf,y
laughed at the idea of sending their. milk to the metropolis, now
ycanin
teitterrlz voenrsy
inco considerable andhe
ldinaeil
at the stations referred to a number of huge canister-shaped
tin vessels, used for the purpose of transit; and these having
a van specially appropriated to them, the milk reaches i()
den in prime condition.
At Chelmsford, one extensive
gr,zier at least is preparing to enter into' the am
and we should not be at all surprised to find parties astCoeichtersatdeer,
and other towns upon the line, following the example, as there is
wry little diflerence in the expense of conveyance as far as the rail-
way is concerned, for long or short distance; This promises a com-
plete revolution, not only in the price, but 'the composition and qua-
-I,ty, of the above extensive article of consumption. When each
railroad from the grazing districts into London shallhave become
a milky way," there will no longer be the temptation, which at
present exists, to resort to artificial ingredients ; and people--even
milk-men, will be content to leave the manufacture of their commo-
dity to the proper artificers—the cows.—Essex Standard.
In addition to the many fine old hotels that have been
swept away from Paris to make place for building speculations, the
beautiful mansion of the Duke de Stackpoole, neartlteplace Beau;
veau,;faubourg Saint Vonore, is about
The
ut to undergo
the s
hotel of the Marqe fuisatd4
having been purchased by a company.
Beauharrials, in rue de la reifilliere, and that of the Marquis di,
Beaumont, in the rue do Courcelles, are also to be pulled clown.