The Sun.
London, England, 1851-02-07 00:00:00

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LONDON, FRIDAY, FEBRUARY 7, 1851.

" The pitcher that goes often to the well comes
home broken at last." The Duke of BRUNSWICK is
now in a position to speak feelingly as to the truth of
the ancient adage. His great experiment against the
freedom of the press has turned out a total failure.
He has, we trust, at length learned that the attempt
to gag public journalism, in a free country, is little
better than " kicking against the pricks." The Duke
we believe to be possessed of considerable wealth, but
were his pecuniary resources as boundless as those of
the fabled possessor of the philosopher's stone, he
could not succeed in crushing the humblest member
of the fourth estate, who discharged his onerous
duties in a fair and straightforward manner.
To do so he should secure the co-operation of a
British judge and a British jury, and we believe we
bat enunciate the general opinion of the entire com-
munity in asserting that no improper or unworthy
motive could influence such parties. Mistakes may,
and occasionally do occur, errors of judgment may be
committed—for no merely human institution can aspire
to perfection or claim infallibility—but there are
means for correcting these mistakes, for rectifying
these errors, that seldom indeed prove unavail-
ing or ineffectual. New trials can be ob-
tained in most cases where it appears to
the learned and distinguished men who preside in
our superior Courts that a further investigation is
desirable, or calculated to promote the ends of justice.
The constitutional judges of England will net tolerate
a verdict snatched by surprise on doubtful or suspi-
cious testimony. • Each party must know what it is
he must be prepared to establish, and what he will
bq required to rebut—what to prove and what to
disprove and if it can be shown that this salutary
rule is violated, that evidence has been brought
forward which could not have been anticipated by a
person of ordinary prudence, and which there is good
reason to believe to be tainted with falsehood, a
venire de novo will be awarded almost as a matter of
course.

The case of the Duke of BRUNSWICK against
HARMER, tried yesterday in the Court of Queen's
Bench, at Westminster, strongly illustrates these
points. It was the second—we had almost written
the fourth—inquiry into the same subject- matter.
Before instituting proceedings, the plaintiff had ac-
quired considerable personal experience of the exist •
ing law of libel in this country. He had been most
unwarrantably and scurrilously attacked in the
columns of a periodical of a very different cha-
racter from the Weekly Dispatch. He had brought
actions against several persons connected with
that journal—indeed, we believe, against every person
to whom the publication could be in any manner
traced, and verdicts for large, almost vindictive da-
mages, were in every instance returned by the juries,
who not only testified their sympathy with the exiled
Duke, from whom it was endeavoured to extort
money by the most infamous throats, but also took
that means of exhibiting their unqualified abhorrence
of such nefarious conduct, of so gross an abuse of the
power lodged in the bands of public journalists.
The Duke himself boasted on a former occasion
that be had distributed the proceeds of these
verdicts in acts of charity and beneficence ; but

as he remained silent when we expressed an
_ _

anxious desire to discover " which were the fortunate
institutions or charities that benefited to so large
an extent by his Highness's exceeding generosity"
—and as, notwithstanding a searching scrutiny, we

were unable to discover any of these favoured :stab-
lithments, but, on the contrary, found that the Duke's
name was returned in several schedules filed in the
Insolvent Court as creditor for damages obtained in
such actions, we must be permitted to suspend our
opinions on these points until our requisition be com-
plied with, and we are enabled to obtain a distinct
specification of the sums thus applied.
The Duke, however, having thus fleshed his
maiden sword on such small fry, and discover-
log how very profitable it might be to be libelled,
if the defendants were only solvent and capable of
liquidating the damages assessed, resolved to fly at
higher game, where, if successful, he would have a
certainty of satisfaction. The respected proprietor of

the Dispatch was accordingly selected. Some arti-
cles that appeared in that paper had jarred on the
sensitive feelings of the illustrious stranger. But,
unfortunately, it could scarcely be considered that

these exceeded the limits allowed to the " fourth
estate" of commenting fairly and without malice
on the public acts of public men. Something should
be taken in connexion therewith to satisfy the jury
of the animus with which the more recent articles
were written—a strict search over the files of the
delinquent journal was instituted, and something
that it was thought would answer was at length dis-
covered; but, unfortunately, it was out of date—it had
reached the ripe and mature age of 19 years, having
originally appeared in the month of September, 1830.
The hand that penned it was for ever stilled—the mind
that conceived it was no longer the tenant of an earthly
habitation. To be effectual, there should be a repub-

lic,tion, and how was that to be obtained ? That
was the question. But rich men seldom form futile
wishes. A person named CASIMIR REINHOLD under-
took to perform the difficult task, and to gratify the
aspirations of the discontented Duke. He re-
turned triumphantly, stating that he had succeeded
in obtaining the necessary act on the part of
the defendant, and as, quod volumus facile
credimus, the Noble Duke yielded an easy credence
to the tooflatteringtale. The trial came on—the trust-
worthy witness was uneontradicted, because no one en-
gaged for the defence had the slightest conception that
any person: would have the hardihood to make so strange
an assertion as that a new publication had taken place
by a
sale
of a copy of the Dispatch containing the
objectionable article of September, 1830. The Noble
and Learned Lord who presided at the trial held, in
the absence of all contradiction, that the republication
t hbeisnogol, theda
damages
eels, thell juryT he
returned
ovead,
and
verdict thatn•
announcement took the public by surprise, and ex-
cited a momentary consternation among journalists—
" a momentary consternation," we say, for it was
speedily ascertained that the most convincing evidence
could be given that the witness CAL,IMIE REINHOLD
had stated what was wholly unfounded in fact, in
alleging That he had obtained a copy of the Dispatch
of September, 1860, at the deice of the
journal. We do not say that the Duke
was cognizant of the gross and unblushing fraud
that was perpetrated. His production of such testi-
mony was probably owing to bis being his own
counsel. We do not imagine that if he had been so
fortunate as to have obtained the assistance of a bar-
risterin respectable practice he would have al-
lo ri d that amiable gentleman to have figured as a
witness on his behalf. Proceedings were forthwith

instituted to set aside the verdict, and the
result is known—the application was granted,
and the trial yesterday was the consequence.

But we had in the meantime committed a new
offence in the sight of this too sensith e gentleman.
We had written an article commenting on the pro-
ceedings—an article, as Mr. Justice ERLE truly re-
marked, " directed throughout to the defence of
journalism against the party by whom the verdict
that called it forth had been obtained," and for that
two distinct and separate actions were brought, in
one of which the Duke obtained a verdict for ls., while
in the other a verdict was given for the defendant.
It, however, appeared rather strange that the Duke
who, as Lord CAMPBELL yesterday declared, "could
not be charged with silently acquiescing in anything
that might be brought against him in his lifetime,"
passed sub silentio the statements affecting the
worthy REINHOLD, to which a justification could
have been pleaded. The omission of all relating to
that person was exceedingly ominous. We can now
account for that singular circumstance, the ex-
emplary witness was yesterday not forthcoming.
He was non est inventus. " Abuit, excessit,
evasit, erupit." He had vanished, no one
knew whither. He had sought safety in ignominious
flight. No CASIMIR was in attendance. There was
no REINHOLD on whom the able counsel
for the defence could test his powers of
cross-examination, and the case consequently
fell to the ground, notwithstanding the cunning
and, we regret to be obliged to say, somewhat disin-
genuous statement of Mr. MONTAGUE CHAMBERS.
The Learned Gentleman persisted in reading the
article of 1830, although he well knew that be could
not prove its republication, and that consequently
it was not admissible in evidence. He also
spoke of the proceedings that bad been instituted in
consequence of the article that appeared in The Sun
of the 28th of June, 1848, as proving that " Mr.
HARMER, the defendant, had been actuated by ma-
lice ;" and this, although well aware that Mr. HAR.
mer had no more control over this journal than he
had himself, and that the article in question bad been
found to be" not libellous" in an action tried in Decem-
ber last before a constitutional Judge and an intel-
ligent and impartial jury. This appears to our judg-
ment to have constituted a suppressio yeri, unbe-
coming Mr. CHAMBERS'S position as a leading ad-
vocate.

The matter has now terminated, and we hope for
ever. We trust that the Duke may profit by the
salutary, although rather unpleasant, lesson he
has received, and that he will henceforth
learn to discriminate between such publications
as those contained in our columns and in those of
the Dispatch, in the fair and honest discharge of
an important duty—and those that appeared in the
Satirist, of which he justly complained.
We have no ill-feeling against him ; we would
not think it worth our while to damage him, if wholly
in our power. We shall neither be his flatterers
nor his detractors ; nor shall we either be influenced
or deterred by unworthy motives, either in bringing
forward his name unnecessarily, or withholding it

when it appears to us the public welfare demands
especial notice. Such is the course we have always
pursued, and such is the path we ever mein to pursue,
without being affected by any feelings of fear or
prejudice, favour or affection.

Deputations have not yet ceased waiting upon the
Chancellor of the Exchequer. Yesterday the most
formidable of all in numbers, and one of the most in-
teresting in character, appeared before the Right
Honourable Baronet for the purpose of thrusting
once more upon his attention the advisability, or ra-
ther the imperative necessity, of repealing ' the ini-
quitous tax upon windows. Notwithstanding the
peremptory manner in which the majority of those
assembled gave utterance upon the occasion to their
peculiar sentiments, they could scarcely have been
blind to the truth of the observation uttered by Sir
CHARLES WOOD when he reminded them that he
could not possibly reveal his intentions in re-
gard to the window-tax upon that - particular
opportunity. Eagerly as we should have been re-
joiced to listen to any such financial revelations, we
could not for a moment have anticipated that the
Chancellor of the Exchequer would so far break
through the customary and commendable etiquette
which reserves the articulation of his views to a time
more suitable in every way to their importance.
Aware of the wisdom of such old established regula-
tions, it was rather too importunate to insist by
murmurs upon the premature declaration of his
policy, and to respond to the firm and states-
manlike refusal of the Right Honourable
Baronet by half smothered yet still audible
cries of indignation. Our regret at these proceedings
is the more especially enhanced by the consideration
that throughout all yesterday there was perceptible
on the part of the Right Hon. Baronet a predisposi-
tion to disclose, if he could, the feelings entertained
by himself and bis Ministerial colleagues in reference
to the impost which had so powerfully roused the
antagonism of the deputation. Had it been practi-
cable for Sir CHARLES WOOD to explain his intentions
without any further procrastination, we may rest
assured he would most infallibly have done so after
the very significant and emphatic intimation of the
Hon. Gentleman the Representative of Lambetb,that by
so doing he would spare himself the infliction of about
two hundred speeches. Supposing him to have been
unfettered by the bonds of usage and the laws of
official routine, we may feel convinced that the
Chancellor of the Exchequer would have at once
unburdened his conscience to the deputation after that
very solemn and, persuasive assurance. Doing
violence, however, to his own personal inclinations,
he was compelled to delay until the period of laying
his annual Budget before the Commons' House of
Parliament.
Happily, the time has very nearly gone by when

might be regarded as - essential to adduce

arguments in favour of the abolition of this
detestable tax upon windows. Discussion
in its regard has become in a great measure super-
fluous, the injustice of the ;impost being patent to
the apprehension more or less f the entire comwu-

nity. Nothing further need be said, we opine, to the
bulk of the population to demonstrate the injurious
effects flowing from this particular method of taxation
—the taxation imposed upon the orifices admitting to
the habitations of a civilized people the free air and
the free light of heaven. Let us imagine to ourselves
the immediate consequences certain to result
from the abolition of the impost on windows
—if we would in a novel and striking manner
assure ourselves anew that such a proceeding would
in reality be an act of splendid beneficence. An
enormous additional demand for glass would be in'
evitable. The glazier and the carpenter, the brick-
layer and the house-decorator, would be called into
instant and continuous employment. The aspect of
our towns (a subordinate, but at the same time an
appreciable, benefit) would be obviously improved in
a way altogether beyond the reach, at this moment, of
the Commissioners. The cleanliness, the decency, and
the domestic comfort of the masses would be secured to
them most effectually ; and the provincial visitors to our
metropolis would not have so very often to lament
over the cadaverous and unwholesome appearance of
the citizens inhabiting our more crowded localities.
As for the latter, they would be compelled no longer
to respire a foul and pestilential atmosphere—venti-
lation being rendered at last a matter of possibility,
the sweet air and the blessed light created by OM-
NIPOTENCE for the satisfaction of the works of
his hands, and beyond them all for secur-
ing happiness to his earthly masterpiece—man
—being no longer rendered costly by an execrable
and unnatural taxation. Convinced of these things,
as the vast majority of the population has become, it
is
ti fortunately
tsuuantei roflgu osuns top eo enlarge
uupono
rtshe al
yi n j
dues
toessotede,
and
isdno
ue mita
nrateneeisf
in
aset
xl
fy:crircbaej
olinov.ue s
again
on zasi gturdat
nh:egeaos breijge cabtiei ofhnt
laddressed to the Ministerial head of the Financial
Pepartment. Demands for its repeal have been heard
usque ad nauseam within the walls of the house
of Commons. But never before was the neucpeyossneistbyteortohl
this emendation so energetically forced upon the at- 1
tention of the Chancellor of the Exit wascnheiqpualero,fated nh
through that Right Honourable Gentlemanth athe principal
i pr c
day
b Housesy theof theßritishdeputation
sixteen metropolitan representatives. Exponents,
as the members of that deputation felt thern.

selves to be, of the views entertained upon this subject
by the multitude at large, with a few jolter-headed
or self-interested exceptions—they were invested
with a more than Ordinary influence as applicants
for the abandonment of au impost. That influence,
we are sanguine, may not have been altogether inef-
fectually employed. Within the compass of the pre-
' sent session we hope to witness not only the oblitera-
tion of this cruel wrong to the country, but of one
almost equally pernicious and reprehensible. The
tax on advertisements, scarcely less than than on
windows, requires the revision of an enlightened and
conscientious Parliament. Considering, moreover, the
incitement to reform discoverable in the approach-
ing arrival in this country of so many foreign
visitors to the Exhibition, we may be permitted to
indulge the more confidently in anticipations which,
under other circumstances, might be regarded as
little more substantial than day-dreams. When it is
remembered that this concourse of observant
foreigners is calculated, even simply in anticipation, to
induce us to "put our house in order," according to
the old expression, it is but reasonable to expect that
the Legislature will aid the community in
preparing for the ordeal of such a vigi-
lant and appreciative examination. Scarcely
anything we can conceive to ourselves could be more
disgraceful to our code of laws than the existence at
this epoch of the villanous and unjustifiable imposts
levied upon windows and upon advertisements. By
the former the poorer classes are shut out almost
wholly from the enjoyment of daylight and ventila-
tion. By the latter an auctioneer announcing the
sale of an estate worth 100,0001. pays no more duty
to the revenue than is extorted from a poor maid-of.
all-work asking for a beggarly situation—the same
amount being necessary for the advertising of a
sixpenny pamphlet as is required for the advertising
of MACAULAY'S History of. England! Such blemishes
as these in our system of taxation, intolerable at all
times, is altogether unendurable under existing cir-
cumstances, when our scheme of administration is
about to be severely scrutinised by intelligent tra-
vellers from all the civilized countries of Christendom.
The force of these considerations is recognized to the
full by the community—we are sanguine that their
recognition may extend also to the judgments of our
hereditary and representative Legislators.

THE FRENCH REPUBLIC,

We have received the Paris journals of yesterday.
The Committee to whom the Dotation Bill has
been referred is almost unanimous in recommending
its rejection. Of the fifteen members of which it is
composed, two only are in favour of the measure. The
election of this Committee by the Bureaux presents
some curious results. M. DE MONTALESIBERT Was
rejected in favour of N. CRETON, and M. GmAnn,
one of "the great party of order," as the reactionaries
call themselves, but one who voted against the reso-
lution of M. ST. BEUVE, was beaten by M. BAc, a
Republican of the extreme Left. LEON l'Aucami,
DUMAS, in short, all the supporters of the PRESIDENT,
were unsuccessful. It is considered certain that the
measure will be rejected; not more than 241 votes
can be counted on in favour of it.
The Patrie has the following announcement :
" Letters addressed to bankers of Paris by bankers of
Vienna announce that his Royal Highness the Count de
Chambord is dangerously ill.'
The Legitimatist Union declares, on the contrary,
that the Count of CHAMBORD is not at Vienna, but at
Venice, and that he is in good health.
The Assembly yesterday rejected M. JORET'S pro-
position for abolishing octroi duties.
Leave has been granted by the Assembly for the
prosecution of the Prince DE LA AIOSKOWA. M. DE
LA MOSKOWA has addressed a letter to the Patrie, in
which he says—
"l affirm, upon my honour, that I did not provoke M.
Rarnond de la Croisette, as he declares, on account of the
exercise of his judicial functions, and that there was
nothing premeditated in my conduct towards him. If
he had restricted himself to continuing against me the
system of inveterate war and of vexation useless to the

interests which he had to defend, which he has for years
practised, I should nct have considered that I had a
right to express to him my opinion of his con-
duct. But, oat of the circle of the necessities of
a cause and of the honest exercise of the pro-
fession of avoue, there are certain proceedings,
certain attacks of a personal character, which conscience
reproves, and which exceed the limit that a man of
honour can tolerate. I did not indulge in the exhibition
of passion and anger attributed to me. I whispered in
the ear of an enemy who had cruelly insulted me, two
words to which he did not choose to reply. The affair
took place with so much reserve and silence, that nobody
in the saloon could suppose what had passed. I have
said M. Ramond de la Croisette is my enemy, and it will
be seen why. In 1841, I placed in the hands of M. Boucly,
the Procureur du Roi, a complaint against him for facts
of an extremely grave character, which the necessities
of my personal defence will compel me to explain to the
committee. M. Edmond can say whether, after an in-
quiry into this charge, on which several a itnei.ses were
examined, he was not summoned to appear beforo the
Procureur du Rol."

The Siecle gives the following account of the dis-
covery of the intrigues of General LAHITTE :
"It was said yesterday in the lobbies of the Assem-
bly, that the new Minister of Foreign Affairs, M. Bre-
mer, had discovered the threads of a little Legitimatist
conspiracy. This is what is rumoured:—General de
Lahitte, whilst in office, it is said, introduced into his
department a certain number of young men belonging to
aristocratical families. To these employes was entrusted,
to the exclusion of the others, the examination of dis-
patches or extracts, copies of which, according to their
importance, were communicated to high personages alto-
gether unconnected with the service of the department.
It was added that M. Drouyn de I'Huys, during his
short stay in office, had dismissed several of these em-
ployes in partibus infidelium, but that a director in the
Ministry had kept them for his own service. M. Bre-
nier, it is said, has dismissed all the rest of these gentle-
men. In addition, grave facts are spoken of, which we
abstain from mentioning until we receive better informa-
Lion. We repeat, that what we now relate is only based
on reports."
The Bourse was rather dull, and Government Secu-
rities declined slightly. The Five per Cents. opened at
96f. 85c,and closed at 96f. 55c. The Three per Cents.
closed at 57f. 95c.; Orleans Railroad Shares, 875 f.;
Rouen, 6751.; Havre, 278 f. 75c.; Great Northern, 476 f.
25c.; Avignon, 195 f.; Vierzon, 410 f.; Basle, 158 f. 75c.;
Bordeaux. 401 f. 25c.; Paris and Strasburg, 366 f. 25c.;
Tours and Nantes, 2501. The New Loun, 96f. 40c.
BUSINItSS h IN FOREIGN RAILWAYS AT THE

LONDON STOCK EXCHANGE, FEB. 6.
Boulogne and Amiens, 91,42 Central of France (Orleans
and Vierzon), 161 A —Namur and Liege, BX—Northern of
France, 15 LA —Paris and Rouen, 26—Paris and Strasbourg,
10 —Rouen and Havre, 111y—Tours and Nantes, 5%.

SUN, LONDON, FRIDAY EVENING, FEBRUARY 7, 1851.

DENMARK AND THE DUCHIES.
The new Federal Government of Holstein was in
stalled on the 2d inst.

The King of DENMARK has addressed the follow
ing proclamation to his army :

" Christiansborg Schloss, Jan. 24.
" S3ldiers!—After three years of exertions and con-
flicts, peace calls you home. Before you quit the spot
where your valour was proved, and your endurance and
steadfastness, in defiance of dangers and hardships
made manifest, accept once more the thanks of your
King. The name of Denmark's warriors has again re-
echoed through Europe, and it is my pride that you have
not less distinguished yourselves for humanity and dis-
cipline than far courage and endurance.
" Grateful fellow-ciriz,lns will soon bid you welcome.
I hasten meantime to addre,s my most welcome greeting
and thanks to every soldier, whether he be commanding
or private.

4. So!diers! You are my pride and my trust. I thank
you all

(Signed) " FREDERICK H.
(Countersigned) " HANSEN."
His Danish MAJESTY has likewise addressed the
following proclamation to the navy _

" Cbrisii,nsborg, Jan. 24.
" Among the combatants for Der. mark's rights and
honour during the last three years, our navy bas been
ennobled by its courtwe and resolution to sustain its an-
cient glory and contribute meni!estly to the restoration
of peace.

"Now that the war is ended, I feel the necessity of
expressing my thanks and acknowledgments to all who
have taken pert in the haands to which our navy has
been exposed for the services they have rendered, whe-
ther when acting alone, or in connexion with our army.
" Officers, petty officers, and sailors, accept my heart-
felt thanks and greetingQ.
(Signed) " FREDERICK R.
(Countersigned) " VON DOCKUM."
All natives of Schleswig, prisoners of war, have
been released, and sent home via Flensburg. The
remainder of the prisoners will fellow forthwith.

Paid.

7SI I
4%

b 4
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