The Sun.
London, England, 1856-12-04 00:00:00

LONDON, TRURSDAY, DEcEmBE_
4, 1856,

The action by Lord LUCAN against the Daily
News for an alleged libel was yesterday tried
before the Lord Chief Baron and a special jury,
and, after a full and impartial trial, terminated
in a verdict for the defendants. It is impossible
to estimate too highly the importance of this
result. The matter was unquestionably one of

vast interest to the noble plaintiff, but the Press,
and, we may be permitted to add, the community
at large, were no less deeply concerned in the
decision. The liberty of journalism was at issue ;
that liberty to which the nation is indebted for
the exposure and ultimate removal of many gross
abuses, for obtaining remedies for grievances
that, but for the spirited and disinterested
conduct of " The Fourth Estate," would still be
continued in all their unmitigated enormity. That
freedom has now been fully and completely vin-

dicated by the verdict of that jury, and a prin-
ciple of vital consequence has been strengthened

and sustained.

It is needless to say that the complaint referred
to an article which appeared in our contemporary

on. the publication of the Report of the Chelsea
Commissioners, virtually exonerating the plaintiff
and others from the censures contained in the

Report of the Select Committee of the House of

Commons, and confirmed by that of Sir Joie?
NPNBIL and Colonel Tunoca, as the result of
investigations instituted on the very spot, and

which were made in consequence of the complaints
preferred against the elaborate Report of Mr.
ROEBUCK'S Committee. It will be in the recollec-

tion of our readers that a strong feeling was excited
in the public mind against that third trial—that
it was very generally considered to be an attempt
to whitewash the obnoxious practice of military
promotions by purchase, and to defend an objec-
tionable system, by which the national interests
received considerable injury. Nothing, then,
could be naore natural than for a journalist to
write strongly and energetically on such a point.
It was a duty which he owed to society, which
he could not shirk or evade without forfeiting a
portion of the estimation in which he was held
by the community. Different persons would, of
course, entertain different opinions ; but it is ridi-
culous to suppose that there must be private
malice because the view taken was adverse to the
wishes of the parties concerned. As well
might it be supposed that the members of
the Select Committee, or the Crimean
Commissioners, were actuated by vindictive
motives, or a desire to crush the Noble Lord and
his companions. It was, in each and every in-
stance, a painful and somewhat perilous discharge
of a solemn obligation, by which the persons re-
porting or commenting might be seriously
damaged, but could not possibly be benefited,
save by carrying with them the sympathies and
cordial concurrence of the community at large ;
and that fact the jury established by their ver-
dict, and prevented what would have been tanta-
mount to muzzling the Press, and preventing
them from speaking in derogatory terms of the
public conduct of any public man ! Almost as
bad as the establishment of the censorship, so
strongly and uselessly advocated by some of our
French contemporaries, who should not be quite
so much enamoured of the practice as to wish it
extended to others.
Lord LUCAN had every possible fair play. He
had the services of an advocate of extraordinary
tact, experience, and eloquence. One nulli secun-
sins. But despite the indefatigable exertions of
Sir F. THEsIGEE, and the very skilful view of the
case presented to the court and jury by that emi-
nent lawyer, journalism triumphed ; and the
Noble Lord bad bat little cause to rejoice at the
experiment on which he adventured. As Mr.
EDWIN JAMES forcibly and clearly explained, there
was "no attack on private character. It was
the language of the historian, writing for the
information of the public, fairly and without
control, on public and serious events. There
was nothing licentious ; nothing malicious. . .
. . An article written, not on Lord

LucAN's private, but his public character,
as a general, paid by the People, and trusted
by the People with their national honour!" This
was the correct view of the ease, and, thanks to Lord
CAMPBELL'S valuable enactments, it was an avail-
able and sufficient answer to the charge. Not
very many years since, " the greater the truth
the greater the libel" was a prevailing doctrine,
bat a distinction was made in favour of the public
journals that they might declare that the alleged
libel was inserted without malice, and for the
benefit of the community. Nothing cpuld be
more chary of private character. No matter
what the justification—no private individual was
authorised to put forward what did not relate to
his own business ; and which, therefore, had a
prima facie appearance of malevolence. There
were indispensable points. Ist, That it was pub-
lished by an established journal, appearing pe-
riodically. 2d, That it was untainted by
malice. 3d, That it was for the public benefit.

If any of these requislies to the defence failed,
there must be an adverse verdict. If there were
malice it would not be excusable, although for
the public benefit ; and even if for the public
benefit it subjected the publisher to an action if
malice, either express or implied, could be proved.
The Daily News has passed safely through the
ordeal, and we earnestly and cordially congratulate
our contemporary on the auspicious result, and
also the Fourth Estate and the public generally.
The Daily News has earned for itself the gratitude
of the nation for its manly and straightforward
conduct, that has established and placed on a solid
foundation a great principle. " Lord Lucax v.
SMITH and Others" will henceforward be regarded
as a leading case, so far as the privileges of the
Press are concerned.

Is it to turn out a bloody drama, a serious
comedy, or a dull and dreary farce ? Is the
" right divine," convicted of savagery and hypo-
chondriacal absurdity in the person of BOMBA,
to succumb, or to hold its sway despite the indig-
nation, the tears, the groans, and the blood of
an oppressed people ? The British public cannot
but wait with anxiety to learn. The fleets look-
ing towards but not entering the Bay of Naples,
and the Circular of GORTSCHAKOFF, enhanoe the
interest with which these inquiries are put. Un-
fortunately the whole affair is to this hour a pre-
cious muddle, and the reader must wait for an
answer. Time may leave milestones in its track,
but
y of
none,monstrosit metaphorically or otherwise.
It moves,
and the end must come. Though his
Naples owes to this country his
succession to the throne, and his luckless subjects
all that his rule has brought with it, if in a more
remote degree, we knowvery little of the Neapo-
litan and Sicilian people. What they are capable
of, what their resources,
swhatsuffice
e e the
to scopeoont e
no
tf
their desires, what would ffi
are lamentably igno-
rant.gs we
them—of these thin
That the best and noblest have been out-
rageously abused and bate theirrless oppressor—that
o ftheir
Russia and Austria lend him more or
countenance and support—grim countensnce
and
execrable support !—that France and England
have withdrawn theirs under circumstances of
protest, and that there has just been,
and still is, a rising in Sicily, is
the extent of our knowledge. The past surely
pledged us to more. Such, however, is the fact.
The precise nature of the growth of public opinion
since our unfortunate interference we have to guess
at, just as we have at the watchword of the
present revolt and its probable results.
That it is a revolt against tyranny and oppress.

sion, of this there can be no doubt. What we I
want to be informed about is, have the insurrec-
tionists any distinct aims, any reliable promises of i
support, any fair prospect of success ? Is it a i
rising against e King, or the undue exercise of
his authoritya solitary and unadvised rising
without adequate support or the initiatory rising
of the great majority of BOMBA'S subjects in
Naples as well as Sicily ? And, if the latter, is it
to be followed by the general revolt of Italy ?
Even here speculation is unable to rest, and,
taking what seems to be the most probable view—
viz., that it is a solitary rising, it will
be asked—What will be the effect of the revolt in
the way of example ? Will it precipitate what
of late has been supposed to be impending ?
Leaving this bewildering maze, we must be
content for the present with hoping for a satis-
factory termination of this very unpleasant Nea-
politan affair, and biding the event. The moral of
it all, so far as we are more immediately concerned,
may, however, with great propriety be applied.
Had we considered the interests of the people
of the Two Sicilies instead of forcing the grand-
father of the present King upon them—nay, had
we on proof of his ingratitude and tyranny re-
deemed our error by establishing the rights of
the people cn a permanent basis, instead of allow-
ing the King to retain his title, leaving the
heir-apparent (the. present King) to rule, we
should have escaped a great reproach,
and not now been involved in ridicule. Some
resolution undoubtedly was shown in insist-
ing on the practical abdication of FERDINAND,
but it is a great pity it was not carried further.
Half measures in the right direction are gene-
rally bad measures, when whole measures are as
easy of accomplishment. Let us hope kingcraft
will henceforth have to look in vain for any aid
from us—for such intervention, as we have seen,
is essentially bad, nothing but evil having ever
come of it. If intervene we must, and such oc-
oaaion may arise, let it be on behalf of the people,
for their cause alone has in it the elements of
stability; their cause alone can contribute' to our
honour and renown, to our satisfaction and tran-
quillity. One thing in connection with the ru-
mours given in our yesterday's impression respect-
ing the outbreak and the state of political parties
we shall be glad to have confirmed, viz., that the
pretensions of MIYRAT are at a discount in Sicily.
The less they have to do with him the better for
them and us.

While the good Craequor is threatening to dis.
turb the peace and tranquillity of Europe on ac.
count of a " protectorate," not sanctioned or re-
cognised by the People, for whose interest he pro-
fesses an extraordinary regard, Great Britain has
very quietly and unostentatiously consented to
surrender a jewel, of a similar character, from
her diadem. She no longer claims to be the
Protector of the Mosquito Indians. It is true
that she has taken care of their interests,
,insuring
them reasonable compensation, in the shape of an
annuity, for the loss and extinction of their rights
in the territory, now transferred to the Republic
of Honduras. The connection is thus terminated
in the manner most satisfactory for all parties.
We are no longer exposed to, the risk of war
on account of parties incapable of defending
while they receive hard dollars in exchange for
barren privileges of no benefit to themselves.
The Convention, which appeared in extenso in
our impression of yesterday, disposes of the re-
maining questions at issue respecting Central
America. There is, of course, no saying when
a new crop of grievances may spring up.
They are occasionally too valuable commo-
dities, more especially when electioneering
matters are coming to a crisis to get rid of the
entire stock. A fair reserve must be kept on
hand, and no doubt our transatlantic cousins
have not yet exposed their hands. We should,
however, desire, if possible, that every point
should be disposed of at the earliest opportunity,
so as to leave no snares or pitfalls that might bring
us very unwillingly into hostilities with any State
or people on the other side of the Atlantic. Bri-
tish subjects will be quieted in the enjoyment of
any property of which they may be in possession
in Ruatan or other islands in the Bay of Hon-
duras, and also in what may be termed the
"ceded districts" transferred from the Mosqui-
toes to the Republic of Honduras, while the
Indians themselves are to receive compensation
for similar property. The British Government
recognises the mid-channel of the River Wanx or
Segovia, as the future boundary between the Re-
public of Honduras, and the territory of the
Mosquitoes, and any claims are to be investigated
by two Commissioners, one appointed by each
party, and an umpire selected by the two, whose
judgment shall be final and conclusive on all
matters submitted for their decision.

This, then, is the termination of a matter which
at one time threatened to involve the nation in
war, and which might have led to the expenditure
of much money and the sacrifice of malty vallip-
able lives. We can now judge for ourselves of
the nature of such quarrels, the fierceness whereof
arose from the manner in which they were forced
upon us rather than the intrinsic value of the
matter in dispute. The sooner we can get rid
of all such connexions—from which we derive
neither honour, advantage, nor even gratitude—
the better. We all know how much we suffered
from the Hanoverian relationship, until the bond
was happily severed on the accession of Queen
VICTORIA. NO see how Prussia is now
hampered, and all Europe excited from
a frivolous claim. If ever there was a
time for placing all such matters between
ourselves and other nations on a satisfactory
foundation it is the present, and the Minister
that accomplishes the task will entitle himself to
the thanks and gratitude of the community. The
name of " Protection" has been frequently
used by unscrupulous Powers as an excuse for
usurping an absolute sovereignty. It would
be well for all nations to abolish, at once and for
ever, the specious pretext, save by a Council of
States, who might be bound to protect weaker
parties from unauthorised and unjustifiable inva-
sion by those stronger than themselves, and to
defend at all times the sacred cause of right versus
might, whenever or wherever it may be venti-
lated.

COURT CIRCULAR.

WINDSOR, DEC. 3,

Prince Albert, with the Prince of Wales and Prince
Frederick William of Prussia, skated on tip ice in the
Home Park yesterday afternoon, attended by the gentle-
men in waiting.
The Qaeen, with the younger members of the Royal
Family, walked in the grounds adjacent to th• Castle
this morning.

Earl Granville gave a dinner to the Cabinet Ministers
yesterday at his resit-lance in Bruton-street.
Viscount Palmers ton arrived in town yesterday from
a visit to her Majesty at Windsor Castle.
A deputation consisting of Captain Mangles, Captain
Whisk, and Mr. Tuffaell (chairman and directors of the
Royal Steam Mail Company), and Mr. Just and Mr.
Naylor (directors of the Pacific Steam Navigation Com-
pany), had an interview with the Earl of Clarendon on
Tuesday at the Fomign Office, on the subject of the
imposts levied at Panama by the Government of New
Granada.
Count Bernstorff„ the Prussian Minister, arrived in
town yesterday from, a visit to the Queen at Windsor
Castle,