The Sun.
London, England, 1851-02-27 00:00:00

LONDON, THURSDAY

they have seen others involved by injudicious
or illegal conduct. But the narrow and restricted
dimensions of the great majority of the buildings in
which the sittings are held, prevent many from
availing themselves of this great privilege, which I
would be all but thrown away if the reporters of the
public press were not in attendance, by means
whereof faithful records of the transactions of daily
occurrence before the several tribunals are circulated
throughout the length and breadth of the land. It
has, therefore, long been held that to pub-
lish a . full, true, and entire account of
proceeding in a court of justice cannot be
considered as libellous, however unpleasing
it may be to the parties implicated, or hurtful to the
feelings of an individual or individuals.
Considering, however, the multifarious avocations
of the public journalist, and the various pressing de-
mands upon the space at his disposal, it cannot be sup-
posed that he can give insertion to everything that
has transpired ; for, as Lord CAMPBELL justly re-
marked in a recent trial, "if that condition were
imposed, the liberty of publishing reports of proceed.
ings in courts would be merely illusory, and wholly
useless, because it is not possible that everything
that takes place on any trial should be put into
print." The broadest sheet sanctioned by the
Exchequer would, in such case, be incapable of con-
taining one-tenth of the matter that should be in-
cluded. The true criterion, therefore, by which any
Publication should be tested is, whether it is a fair
report, written in an impartial spirit, without preju-
dice or malice, and calculated to convey an accurate
impression of what has really taken place.
In the olden time, however, there were
so many traps laid, that almost any male-
volent and vindictive person could occasion
the greatest annoyance, vexation, and expense to any
publication in which his name was mentioned in
terms other than those of adulation, and many specu-
lative attorneys were looking out for opportunities of
bringing actions, convinced that a farthing damages
would carry costs.
Although that formidable state of affairs, when
the definition some time since given in a court of
justice of the freedom of the press, " that a man
might publish what he liked, but he should be pu-
nished for it afterwards," might be considered accu-
rate, is happily removed, thanks to the exertions of
that distinguished Judge who now ably presides in
the highest seat of the highest court of common law,
there are many difficulties that still obstruct the path
of the journalist to which we would respectfully di-
rect the attention of Lord CAMPBELL, and which
urgently require to be revised. The great object to
be kept in view is to accord the fullest
liberty, without permitting that liberty to degenerate
into licentiousness. Anything that could be traced
to an improper motive, where it could be shown tbat
" malice" was an ingredient, should be treated with
the utmost severity ; but if that was wanting, and
that it should appear that everything on the part of
the defendant was straightforward, and that he was
only actuated by an honest desire to perform his
duty to the public fairly and dispassionately, he
should be protected from every annoyance.
Two cases tried last week, viz., WILK'S v. LAwsoN
and WEAVER C. SMITH, in which the results were
precisely similar—one farthing damages being given
in each instance—afford the strongest illustrations of
the grievances above referred to. In each case the
established limits were, if at all, only exceeded to the
most trivial extent. In the first, which was an ac-
tion against the Times, if the word " suspicion "
bad been inserted, there must have been a verdict
for the defendant, but that trifling omission,
which in truth could have little effect one
way or the other, so far as the plaintiff
was concerned, had the effect of changinethe decision,
and making it appear that the complainant had been
really aggrieved, although an independent jury as-
sessed the amount of that injury at the smallest coin of
the reah.n. The matter was, however, in that particular
instance, of but little importance. The " farthing"
was practically the only point in dispute ; for had
the defendant been enabled to have established the
clearest and most satisfactory justification he would
still have borne his own costs—the plaintiff having
been admitted to sue in forma pan penis, it could not
be supposed that he could satisfy these costs, and it
• would afford but little satisfaction to the defendant to
. cast the " pauper" into gaol. This, then, is one
instance of the much vaunted liberty of the
press, where the publisher must, under the most
favourable circumetances, be mulcted in a very heavy
sum, that would, if inflicted as a fine, be considered
as a sufficient expiation for a very serious offence.

In the other case of WEAvEit v. SMITH, another
morning contemporary, the Daily News was concerned,
The alleged libel consisted of a report of certain pro-
ceedings which had taken place in the Thames Police-
court, and which, it was contended, was to a certain
extent garbled. The reporter by whom it had
been written was produced for the defence, and
proved the general accuracy of the account,
and even the warrant officer of the police court, who
was produced on the part of the plaintiff, deposed
that " the report was fair and accurate, and that the
terms in which the statements of the witnesses
were reported were very moderate ;" and
yet, notwithstanding a sound and constitutional
charge, worthy of the distinguished Judge by whom
it was delivered, a verdict for a farthing damages
was returned, the effect whereof was to make each
party pay their own costs. The Daily News is thus
heavily mulcted, although the injury (?) to the
plaintiff was adequately compensated by one-fourth
part of a penny.

Now, we ask, cannot an adequate remedy be found
for this state of affairs sufficient to prevent the
repetition of such cases, and to remove what
must be felt to be a crying grievance ? 'We think
it perfectly possible, aye, and easy of accomplishment.
The object is to defend private characters from wan-
ton and malicious attacks, and that is universally
admitted to be best vindicated by applications for
liberty to file criminal informations. Why, we
ask, should not such an application, were it only
to a single judge in chamber, be rendered necessary,
in civil actions also ? There would be no great ex-
penditure incurred in placing the real facts before
him by affidavits, and he would then
be enabled to say whether the plaintiff
would have any reasonable prospect of re-
covering substantial damages, in which case he
might authorize the proceedings, or he might impose
any conditions in the way of procuring security for
costs, or making mutual admissions that would mate-
rially reduce the expense of the trial. We throw out
this suggestion for further consideration, fully con-
vinced that it is the anxious desire of the community in
general, that the " liberty of the Press" should be
placed on that firm and broad foundation of which it
is so eminently deserving.

The tenth annual meeting of the Benevolent De-
partment of the Provident Clerks' Association
was held yesterday evening at the London Tavern,
JAMES ABEL SMITH, Esq., M.P., treasurer, in
the chair, supported by Baron LIONEL ROTHS.•
CHILD, M.P., andother gentlemen connected with the
commerce of the city of London. By the full
report in our columns it will be seen
that a slight improvement has taken place during the
past year, still, considering the many advantages
offered to the great body of clerks, it is
much to be regretted that this department of
the association does not meet with greater
support from those who may by unfore-
seen circumstances be thrown out of employment,
and consequently into distress. We think with Baron
ftOTHSCHILD, that a wide field is open to extend
the good such an institution as this is ca-
pable of doing, but we also agree with
Mr. JOHN ABEL SMITH, that the clerks them-
selves must, as a body, come forward and aid the ex-
ertions of those who take such a deep interest in the
welfare of the institution.

SIR JOHN PIRIE.—We have rceivi,cl a communi-
cation from a member of the family of Sir John I'irie, stating
that there is no foundation for the statement which appeared
in The Sun of last night of the death of the Hon. Baronet.
Sir John k'irie is still alive, we are happy to say, although
he has been suffering from severe illness.
BIRTH.—On the 25th inst., at Manor-road, Upper
Holloway, Mrs. William Swainson, of a son.
WALBROOS ELECTION.—The poll demanded on
Tuesday took place yesterday, from ten till four, when the
numbers were declared to be—Mr. Murrell, 34; Mr. Le
Blond, 11; whereupon the former gentleman was declared
duly elected common councilman, in the room of Mr. Alder-
man Wire.

THE FRENCH REPUBLIC.'

We have received the Paris journals of yesterday.
The anniv'rsary of the Revolution had pas,ed of
without disturbance, throughout all the departments
of France.

The Committee on the Amnesty Bi!1 has deter-
mined, on the representation of the MinistA:r of the
Interior, to report against the adoption of that mea-
aure.

report of M. PASSY on the extraordinary ^redit
of 3,218 501 f., for the surplus expen-es resulting
from keeping up on a war footing the French troops
in Italy, has been distributed to the Assembly. The
Ministers of War and Foreign Affairs had attended
the Committee to give explanations, and in reply to
questions put to them, stated that the troops bad
already been considerably reduced, and that, during
1851, they would not exceed 10,000 men and 1,500
horses. lf, they added, they were to be reduced be-
low teat number they would not be sufficient for the
services required, or represent France with pro-
per dignity. With regard to the recall of the troops
from Italy, the Ministers replied that it would be
impossible to fix an exact period when it could be
done. The state of affairs in Italy had improved,
and wts continuing to do so; but all the causes which
had leC to the occupation had not yak disappeared,
and it was possible that they might not do so before
the end of 1851. The Committee coincided with the
views of the Ministers on the subject, and decided
on proposing the pure and simple adoption of the
Bill. The report, after summing up the arguments
which lad been brought forward in support of the
occupation of Rome, alludes as follows -to the con-
sideratiens of the Ministers with regard to the con-
tinuance of the occupation :
"To lave allowed Austria to complete, by the occu-
pation of Rome, a kind of possession of Central Italy,
would hive been to allow her to assume the ascendancy
on all points of the Peninsula, and to accustom all
other polcies to move only in the sphere which it might
please her to point it out to them. Now, one part of
the work to which France has devoted her efforts ap-
pears to tpproach its termination; the other still leaves
uncertainty as to the moment of its definitive comple-
tion, and it is important that the Government should not
enter beforehand into engagements, the execution of
which must necessarily depend on the determination of
another power."
The number of electors registered throughout
France under the provisions of the Electoral law of
the 31st of May is (exclusive of the military)
6,162,635.
The Bourse continues feeble, and public securities
are disposed of with difficulty. The Five per Cents.
opened at 96i. 40c., rose to 96f. 45c., fell subsequently to
96f. 25c., and clued at 96F. 35e.; ihe 'Three pe r
Cents. clued at 571. 80c.; Orleans Railroad Sharks,
880 f.; Rouen, 650 f. ; Havre, 271'. 25c.; Avignon, 190 f.;
Vierzon, 412 f. 50c.; Bale, 15Sf. 76c.; Bordeaux. 3951.;
Paris and Strasburg, 366 f. 25c.; Tours and Nautes,
253 e. 75e.
BUSINESS DONE 1N FOREIGN RAILWAYS AT TNE
LONDON STOCK EXCHANGE, FEB. 26.
Boulogne and Amiens, B:ki Central of France (Orleans
and Vierzoa), 16,4—Namur and Liege, B—Northern of
:France, 14%—Orleans and Bordeaux, 37K—Paris and
Rouen, 25% —Paris and Strasbourg, 9%8 Sambre and
Meese, 3!./i.