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

4. -)

PUBLICATiONS

LORD LUCAN AND THE LIBERTY OF

TER PRESS.

In a few days, in post Bvo., with Illustrations,

TWELVE MONT EIS with the BASHI
• BAZOUKS.
By EDWARD MONEY, Lient.• Col, in the Imp•nrial Ottoman Army,
and late Captain in the Bashi liaz)uks.
London : Chapman and Ball, 193, Pieemilly,

COURT OF EXCHEQUER-DEC, 3,

(13z-fore the Lord Chief Baron and a Special 'fury,
LORD LUCAN V. SMITH AND OTHERS.

A summary of the following speech in this important
trial appeared in part of our impression of yesterday :
Mr. Edwin James addressed the jury for the defence. He
said—My friend Sir Frederic Thesiger, feeling the weak-
ness of Lord Lucan's position, has directed your attention
mainly to what is not the substantial point in this case.
He has dwelt in elegant terms on what heis pleased to call
attacks on private character by a malicious and licentious
press. Now, I venture to say that any person who has heard
this article in the Daily New read—because you must
take the whole of it—will find that it is no attack on private
characrer, but it is the language of the historian writing for
the information of the public, fairly and without control,
upon public and serious events. There is no attack upon
private character—there is nothing licentious in the ar-
ticle—there is nothing malicious. It is an article on a
subject of vital public interest, written, as I trust the press
of this country will continue to have a right to write, free
from control, free from censorship. It is an article writ-
ten 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. Sir Frederic Thasiger has
been pleased to remark on the unjust and unfair manner
in which the cage for the defendants has been conducted.
He is as full of complaints of me as his noble client was of
Lord Cardigan. He has charged me with shrinking from
Lavine these letters put in. Is my learned friend aware
that by en admission in the cause these very letters have
tS&ifi piiblished by the plaintiff? And when he talks of
toy shrinking from putting them in, does he forget that he
himself got up to object to them ? The case is of great
importance to Lord Luoan, but it is of equal importance
to the public. The article complained of is written, as
history ought to be written, with a bold and unflinching
hand. It points out the system of mismanagement under
which the finest army that ever left the shores of Eug-
land melted like snow before the summer's sun—not
before the foe, but before a system of mismanagement and
misrule. By the same right that Sir Archibald Alison
wrote in his history that Wellington was surprised by Na-
poleon at Waterloo, this article stated that Lord Lucan was
unfit for command in consequence of his imperious temper,
and that there was not sufficient control at head-quarters.
This article was written mainly on the mismanagement of
Lord Raglan, of whom it did not sayone unkind word; but
it said he was deficient, as no doubt he was, in energy. He
had not the iron will of a Hannibal or a Napoleon. He was
a kind and a very brave man, but he was entrusted with a
command which required an energy and a resolution that
he had not. My learned friend has spoken in eloquent
tams on the effect of this article on Lord Raglan ; and
ho said that it might have hastened his death, and he gave
an epitaph which would have been fitting to hang on Lord
Raglan's tomb. But those observations were rather out of
place, seeing that the article was written long after Lord
Raglan's death. The article spoke of Lord Raglan as the
historian had a right to speak—that he was incompetent,
and I have yet to learn that a public journalist has not a
right thus to speak of any public functionary. He may
call a judge incompetent, or a statesman. Now just, let us
see what the nature of this article is. Sir F. Thesiger says
we do not justify it. Justify it I We rest upon our plea
that this is no libel at all, and requires no apology. It is
the historian writing truthfully, courageously, upon facts
that have been notorious, the subjects of public comment
[n this country, and which have made us, in a great mea-
sure, the laughing-stock of Europe. Justification I What
justification do we want? There is no attack on Lord
Lucan in his private capacity. It is an attack on Lord
Raglan, showing that he was unfit to command. The arti-
cle is written on the report of the Board of Inquiry that
sat at Chelsea Hospital. Sir F. Thesiger was right in
stating that a report which had been previously made had
deeply implicated the character of Lord Luoan as a cone-
nander. Lord Lucan makes his case public—he makes his
.ipeech in the House of Lords. Does not his conduct,
then, by his own act, become the subject of public corn-
went and inquiry ? What does the article charge ? That
is conduct has been insolent and insubordinate; and we
-hall see presently upon his own statement whether it was
not so. Lord Cardigan and Lord Lucan are brothers-in-
law, and probably the ill-feeling between them is the more
intense from the proximity of their relationship. What is
Lord Lucan obliged to admit? Why, that at Varna he
addressed a letter to Lord Raglan, and upon the suggestion
of Lord de Ros he withdrew it. Tula unseemly quarrel
was carried on even on the field at Alma. At night, when
perhaps the fate of Europe depended on the balance, these
two noblemen were writing from their bivouac—Lord
Lucan complaining of the conduct of Lord Cardigan, and
Lord Luoan saying that the conduct of Lord Cardigan
was insubordinate. Thus they quarrelled, to the utter
destruction of the discipline of the army. At a time
when the fate of Europe trembled in the balance, these two
generals, like two great spoiled school girls, were quarrel-
ling with each other. Lord Lucan said it was the subject
of remark in the army that he was not entrusted with the
command of his own division. This article said that Lord
Raglan was not a man of the iron will that was required to
eon trol subordinate officers like these. Do you suppose that
Napoleon or Wellington would have allowed these scenes?
Ttiere would have been an order next day that they were
loth dismissed. But they were aware of Lord Raglan's
affability, his courtesy, and his kindness, and they took
Avantage of it. Is not this a disgrace to the name of E
land ? Is it not a disgrace to this generals—who, allow me
to say, are public men paid by the people of England, and
are entrusted with the national honour—is it not a public
scandal and a disgrace that at a time when the cordial co-
operation of the generals was required in the face of the
enemy, and in the face of an ally, a quarrel should have
been going on at such a time ? Come we now to Lord
Lucan's explanation. He was asked if he was not called
upon by the Government at home to resign his command,
and if it was not because the misunderstanding between
him and the Commander-in-chief was calculated to preju-
dice the public service, and he was obliged to admit that
it was. Ha quslified it, by stating that a probable misun-
derstanding might have been the cause. But he was obliged
to resign his command? Why wse it ? In the despatch
of Lord Raglan, as Lord Lucan has told you, it was stated
that at the fearful charge at Balaklava Lord Lucan had
misconceived the order. Is he well advised in bringing
this action against the historian of his acts? Lord Lucan
was charged by Lord Raglan with misconceiving his order,
which led to the fatal results we are all acquainted with,
to the sacrifice of a band of men in as gallant a charge
as was made at Marathon or at Thermopylae. Lord Rag-
lan, in his despatch, could only justify it by stating that
in the brilliant achievement there was some little com-
pensation for the fatal misconception of his order. That
misconception led to results which no man can reflect upon
without horror. A most gallant set of men were sacrificed
to a misconception. The charge those men made was a
charge unparalleled in dauntless hardihood, equalling the
description of the poet :
" Then shook the hills with thunder riven,
Then rushed the steed to battle driven,
And louder than the bolts of heaven
Far flashed the red artillery."
He is charged with having misconceived an order that
destroyed the most heroic band of men who ever
shed lustre on the British arms. He is then guilty
of an act of insubordination. He wrote a letter to
Lord Raglan, which as a soldier he had no right to do.
The matter came before the Government at home, and
Lord Lucan was called upon to resign his command. And
yet the historian is not to say that Lord Luoan was insolent
and insubordinate. Lord Cardigan is not here-LI say
nothing of him in
his absence. The article says that the
Lama and Cardigan scandal is a disgrace to the British
name ; and so it ie. Lord Cardigan is mixed up with it
in reference to these unseemly quarrels and petty jealousies.
Lord Cardigan led the charge; but it was after that, and
after the despatch which Lord Raglan sent home, that
Lord Lucan thought proper to write to Lord Raglan, which
the Government at home thought unbecoming. If they
had had to deal with a Napoleon or a Wellington, they
would have been tried by court-martial. I say nothing of
Lord Cardigan when the army was at Alma sleeping in his
yacht, instead of by the watch-fire, as Napoleon did at
Eylau and at Wagram.
The Lord Chief Baron—Lord Cardigan is not here.
Mr. James—But it is matter fur public comment. So
much for that part of the libel. I seek to justify nothing.
event.
writes
I say it is a public comment by a
courageous historian
oennotthheavceamwpraiitgtenns truthfully--no a u
t h f Lir; lays t
n e
histor I
ien say w
h heo
would
in the Crimea would write truthfully, if he did not write
as this article is written. What is the other part of the
article? They are called brave, and it is charged that
by the system of favouritism in the army they have
attained their position. Why, the favouritism
in th© army will be cured by the press, and by nothing
else. " Relying as they do on a bad system of favouritism
in high quarters." Why, it is notorious that there is such
favouritism ; and has not a public journalist a right to say
that there is ? I now come to that on which they dwell.
" The Lucan-Cardigan scandal still remains undiminished
in real gravity." I say it does to this hour, and has been
evidenced before you to-day, in Lord Lucan's own state-
ment. "They are both brave men, they have both some
military spirit and aspirations, and used as instruments by
a firm, vigorous, and competent commander, whose will
they respected and feared, something might have been
made of them." I ask, whether that is not literally and
strictly true? Who would bays dared to have written to
a commander of firm will a letter which, on his own state.
ment, ou the mediation of Lord De Ros he was obliged to
withdraw ? And yet, not taking a lesson from that, il4

With a Frontispiece, cloth, gi.t edges, 4s. 6d.,
THE CHRISTMAS TREE and other TALES
Adapted from the German. lzy FANNY KEMBL E.
London : John W. Parker and Son, West Strand.

TIE LIBERTY OF THE PPESS.

(From the Times. )
The action for libel brought by the Earl of Lucan
against our contemporary, the Daily News, has
ended in a verdict for the defendant. We need
not say that such a result is, in our opinion, most
satisfactory. Not only the press, but the country
in general, has reason to rejoice that the jury which
was empannelled yesterday in the Exchequer had
the good sense and the good feeling to defeat an
attempt to punish' a journal on so frivolous a
charge. The article which was the subject of this
abortive action was written soon after the report
of the Chelsea Board of Officers was given to the
world, and merely expressed with regard to that
document the opinions which, we will be hold to
say, were held by nine-tenths of the thinking men
in the united kingdom. Lord Lucan had been, from
wgiwiifig of the war, mixod up with the atfairs
flf the arwy ; he had been concerned in the calami-
tous charge ai. Ba!aklava ; he had quarrelled with
the Commander of the Forces, with one of his own
Generals of Brigade, and with one, if not more,
of the Colonels under him ; he bad been recalled
from the Crimea, he had been reflected on by the
Commissioners, he had written letter after letter
to,the;;newspa,pers, he had kept the Chelsea Coin•
mission engaged on his case for a most inor-
dinate length of time, and very strong
opinions had been pronounced on his capacity
and temper by all sorts of people during the
whole of these proceedings. He had more-
over, to the scandal of a large body of
his countrymen, received an accession of military
rank, the Order of the Bath, and the command of
a distinguished regiment. If the6e things are not
sufficient to constitute a public man, then there
never was yet such a character in England, and
the criticisms on a Cabinet's policy must be held to
be an unwarrantable interference with the reputa-
tion of private individuals. As for the terms of the
alleged libel, it is plain that there is nothing in
them of which Lord Lucan could fairly complain.
If, in a time of war and disp.ster, it be not
competent for a public paper to give au opinion on

r u, (1
`f. .
Y II !) tj II 'lf
i.,1 ft. J I
tl 11 r
•,,
, A
1i0‘,.411111111111
. .
4)
46,
.
•„
k •• - - .1•72
0 1-1
- •i 4 d):.
,scAsh.v • 4. 1.,411 ":,4'115w--.
c.W hiE ' -OS
"•P ' I
hOrf • KA* -
,e 1
- •

wrote an insubordinate letter in sesee,patch the damages accordingly. It appeared to him that as the
of Lord Raglan. The article went on, "Not being so com- law stood the damages ought to be very different in a case
mended, all theirnatural and acquired vices and defects ewhere maliee was exhibited from what they should be
had full play, and have introduced into the military bistory when the alleged libel was merely an exiiggeon of such
of the country an episode of the most discreditable descrip- fair comments and criticisms as the facts and ci rtatircumetances
tion, which is not to be shuffled out of because the Board commented Upon justified. He would leave the matter
of General Officers happens to have hit on the true cause without further observation to the jury, in whose hands
why supplies could not be conveyed from Balaklava to the the constitution had placed the decision of such questions,
front." Their "natural vices and defects" are not private recommending them to read the article fort hemselves,
vices, but the defects of an uncontrolled temper. They and reminding them that if they considered that the second
were men spoiled by the luxuries of home,and too impatient plea wail not made out to their satisfaction, then they
of control to enter upon a campaign. Lord Cardigan had would have to assess the damages according as they were of
too much sense to bring tut action; but what other parties opinion that the libel was actuated by malice or not.
are implicated ? for you must take the whole of it. The The jury then retired, and after an absence of twenty
historian is writing on a subject of paramount importance minutes returned, and to us all, from the Queen on the throne to the poorest
Me- dents. gave their 'verdict for the defen-
chanic ;itis a matter affecting our army, affecting our The result was hailed by some expressions, of congratu-
position at home and abroad ; and surely the journalist has lation from several persons in the body of the court.
a right to comment on a matter which was a scandal and a The Chief Barett—The 'verdict, then, will be guilty on
disgrace to the discipline of the British army. We re. the first count.
quire no justification for this. My friend, Sir 2. Thesis Mr. James--No ; tbe question of guilty or not guilty
ger, says there is no authority to control the press. Thank goes with thejastification of the libel.
God there is not. You are the censors of the press by the Mr- Fi'eld said there was no doubt of that according to
constitution of this country, and if you say that this ar- the prectice under the new libel law, and quoted cases in
title is not a fair comment on a public event of paramount proot
importance I shall be indeed surprised. It is owing to the The Lord Chief Baron--Then the ver
courage of the press that this system of mismanagement in
f diet will be entered
enerally.or the defendants •g
the army has been brought before the nation and the corns i
........--__
try. Early in the war, when our soldiers were perishing from want, the Tomes had the courage to probe the evil.
It is only by the fearless discharge of these duties, pro,
tected by you, that these evils can be remedied. Sir
Thesiger cannot pretend to say that there is one line isa the
article that points to Lord Luoan'a psrieete cherresee. I
ask you whe!her Lord Lucan, who in the hoe to-day h',s
flPfierences went
been obliged to admit that these unseemly
on till Lord Raglan felt bound to intsrfers, has a right to
complain that this article is anythiteg more than a com-
ment on the conduct of a public 'man ? And so far from
being liable to damages, I set, it is an homier that we }save
a free and independent prep;,, and I am enefident tine they
will be defended by a !eery in the discharge of their anti-.
The Chief Berme 'then summed up. he said the olecl o-
ration set fort 'e a portion of a paragraph iu tits Daily
News which had reference to other matters besides what
Lord Lucan complained of, but at the close of it remarks
were made concerning Lord Lucian, of which he complain-
ed. The defendants pleaded that they were not guilty of
what was imputed to them. The paper was put in, and on
that point there could bo no doubt their verdict must be
for the plaintiff. There was no doubt that the defendants
did publish that which was complained of.
Mr. James—We deny that it was a libel.
The Chief Baron said the plea was not guilty, and it did
not appear to him that that would be able to qualify his
remarks, because all along it was admitted that the com-
ments of the article were disparaging. The second plea
said " the matter complained of was an article in a news-
paper, which article was a fair and bens fide comment on
the several matters and premises therein contained and re-
ferred to, and of the conduct of the plaintiff as commander
in the declaration mentioned, and were printed and pub-
lished by the defendants as and for such comment and
without any malicious motive." About 13 years ago, a few
months before he had the honour of a seat on the bench,
an act of Parliament passed by which alterations were
made in the law in respect to actions of libel ; and it was
remarkable that this was the first time he had been called
upon since he had the honour of a seat on the bench to
direct the attention of a jury to the alterations then made,
and to state what he conceived to be the law as it was now
to be administered under the common law and under this
act of Parliament. By that act an article in a public news-
paper was put upon a different footing from other commu-
nications, from a placard or a bill posted about the streets
or a pamphlet published, but not forming part of a series
of a perioeical. It said that in an action for libel con-
tained in any public newspaper or other periodical it
should be lawful for the defendant to plead that such libel
was inserted without actual malice. Before, if any man
published of another, in any way, matter derogatory to
his fair character, that tended to bring him into contempt
and odium, that person whose reputation was attacked
had a right to bring an action. The law presumed there
was malice, and the party charged with the libel was
bound to justify it. He might here remark that, with
regard to mere abuse—not pointing to any particular act,
but mere vague abuse, as speaking of a statesman that he
was the most inefficient person that ever held the reins
of government, or of any public man that he was more
corrupt than the most corrupt statesman that ever livei,
or to speak of a judge generally that he was not en-
lightened or not sufficiently learned, or that he had not
sufficient impartiality—all that mere abuse it was very
difficult to justify; and it had been very long the practice,
he believed, of all lawyers to disadvise proceedings for
mere abuse. But, on the other hand, when there was a
charge distinctly pointing to some matter, and bringing
forward that matter as a ground for imputation, some-
times persons might just as well let the matter alone. Ge-
nerally speaking, the statesmen of this country rarely ap-
pealed either to the criminal or civil courts, whatever
might be the nature of the imputations upon them. Buz.
the state of the law was so far altered that iu au action for
libel against a newspaper malice was nob to be presumed.
The defendant might plead that it was done without me-
lees ; and it was for the jury to say, with reference to the
circumstances—and among others, the character of the
libel was, no doubt, a very material thing---whether the
publication was malicious or not. If the publicetiou was
malicious, then this clause applied very little, and the
matter was much as it was before the act passed ; but if it
were not malicious, then parties were allowed to pay into
court what they thought sufficient damages. That being
the state of the law, they would have to say whether they
thought the publication was one which reflected upon Lord
Lucan, the plaintiff ; secondly, whether the publication
had a malicious object ; and thirdly, whether the article
was what the plea alleged to be— a fair and bone fide
comment upon the several matters and premises therein
contained and referred to. If they thought it was a fair
and bona fide comment, then it could hardly be considered
to be malicious, and the defendants would be entitled to a
verdict on that plea. If they thought it was not a fair
comment, but an exaggerated, distorted, and outrageous
view of the matter, then they would have to say whether
it was malicious. It appeared to him that the act of Parlia-
ment meant to make a large and broad distinction between
a case wherein a publication, not justified as a fair comment,
was still without malice. Having explained to them the
aeture of the law, he thought it right to read to them the
libel, and the whole of it, with very few comments. It had
already been observed upon by the learned counsel, and his
duty in presenting it to them was to take care that it was
brought under their attention free from any prejudice on
the one side or the other. The libel consisted of an entire
column and about half a column more—that was, one-
fourth of a column at the commencementsand a quarter at
the slenclusion. That which related to Lord Lucan was
entirely founded on the second paragraph. The learned
counsel for the plaintiff told them that that part of the
article was probably written by a different hand, and that
an opportunity was taken by some personal enemy of Lord
Lucan's to tack a paragraph to the other, which was no
doubt a comment of what lately had been given to the
world as part of the public events of the dap—viz., the
report of the board of general officers that sat 'at Chelsea.
That there was reason to believe that that was the fact—
Mr. James —There is no proof of that at all. Not a tittle.
The Chief Baron said he did not think he should be so
irregular as to reply to an interruption which was rather
insubordinate; but he was about to ask them whether
there was any proof of that? If, from the article itself,
they came to the conclusion that the entire paragraph was
framed with a view to put in this matter regarding Lord
Luca; that, no doubt, would lead them to a very different
conclusion. It was for them to decide. There was no direct
evidence on the subject. He need hardly remind them that
the war broke out in 1854, and that the Christmas of that
year was one of great suffering. Inquiries took place in the
following year, and again this year. There was an inquiry
by commissioners in the Crimea; it was thought that their
report should be re-examined, and a board of general offi-
cers was appointed, and the general comments of this
article were directed to it. It seemed to quarrel with the
conduct of the administration, and it particularly
pointed to some conduct of persons connected with the
Treasury; then it proceeded to blame the conduct of
Lord Raglan as commander-in-chief ; and, lastly, it
commented on the condnct of the generals commanding
the cavalry. The learned Chief Baron proceeded to read
was
the article (which has already been given). That
was the article complained of, and it would be for the jury
to decide whether they thought it was a fair, candid, and
re-
ferred, me
d, or whether series
of
obseritvationsexhibited oll
thea n
exaggerated
matterseytono which
od r distorted
wichha tit
t r
vwiaerwraonftewdh abtyi ttphreofceisrsceaduitsotaturecaest. uplonn, bgiving
public com.
ments upon public matters, considerable allowances must
undoubtedly be made for the zeal and spirit with which
persons who wrote for the public papers, or anywhere else,
were embued ; like the speeches of counsel, their com-
ments were not always to be measured and weighed by the
nicest scale. What they had to consider here was, whether
this article contained anything more than a caudid'and
fair comment called for by the circumstances, or whether
it was exaggerated and distorted, and went beyond what
the occasion demanded. If they thought it unfair and ex-
aggerated, then they would have to consider whether it
was malicious or not. The observations made upon Lord
Lucan had no doubt reference to him in his professional
character as a general commanding tio cavalry division
what they—supposing they decided that those observations
went beyond what might be considered a fair comment
upon public matters—would have then to consider was,
whether they evinced a malicious intontion, and apportion

(From the Daily News.)
Tile verdict in the case " Lucau v. the pai/y
News," though gratifying on public grounds, is
-not, in so far as we are personally concerned, of a
nature to excite any undue elation in our minds.
Conscious that our motives had been such as we
had no reason to be ashamed of, and that our con-
duct had been above suspicion, we never for a
moment doubted what the result of the trial would
be. We abstained from commenting upon the
conduct of Lord Lucan in the Crimea until the
Chelsea board had concluded its inquiries. Even
then we only ;Averted to hie lordship for the pur-
pese of illustrving the necessity of ainly reform.
When his law agents intimated to us that our
remarks were regarded by his lordship as a. libel,
we placed our columns at. his disposal to correct
any errors we might have fallen into in regard to
facts, and volunteered a declaration that if our
language could be shown to have been unduly
strong we should regret it. We were met by a
haughty demand for an apology, and an uncour-
teous refusal to specify which of our remarks were
complained of. No alternative was left us but to
assert our right to canvass the public conduct of a
public man in a fair spirit, by giving Lord Lucan
to understand that we had no fear for that anpod
to a court of law with which he threatened us.
After be had thus forced us into court, our conduct
continued to be animated by the same spirit of
loyalty and frankness. We did not rest satisfied
with a mere negative plea of not guilty ; we offered
to prove our allegations to an extent which one of
the judgesdeclared to be tantamount to undertaking
to prove what was net required at our hands; and,
when the proposed plea was disallowed, we went to
trial upon the simple issue that our remarks were
a fair and bona fide comment on the conduct of
Lord Lucan in his public capacity as Commander of
the Cavalry in the Crimea. Matters standing thus,
we relied with implicit confidence on the sagacity
and sense of justice of an English Judge and Jury.
We felt confident that, whatever might be the legal
result of the case, it would be obvious. to the world
that we had spoken earnestly, honestly, and with-
out malice—and ,we cared for nothing more.
The event has justified our confidence. The pro-
ceedings in court speak for themselves It would he
ingratitude on our part not to acknowledge the bold-
ness, energy, and ability with which our cause was
advocated by Mr. James. Still we cannot but feel
that it was mainly the evidence of Lord Lucan him-
self that convinced both Judge and Juryof the recti-
tude of onr conduct. And we may add that the
ingenious speech of Sir Frederic Thesiger is a cor-
roboration of this view. The learned counsel had
little more to urge than imaginary descriptions of
the manner in which newspaper leaders are pre-
pared, and conjectures as -to what would be the
course of the Daily News in the event of a verdict
against it.
This hypothetical line of argument was necessa-
rily a failure. The result for the Daily News was
never fora moment doubtful. The sole interest of
the case sprung from its involving a decision
on the great question whether journalists—and
other unofficial critics of public men—might safely
canvass the conduct of publics servants, provided
they did so honestly and without malice. The result
of yesterday's proceedings in the Court of Exchequer
is to affirm this important. privilege of Englishmen.
We institute no parallel between our own case and
that of Horne Tooke and his associates. They were
called upon to display a courage and devotion for
whieh ia our case there was no need. And yet we
may be allowed to say that for the general public
cur triumph is a more important one than theirs.
Tneir triumph merely proved that courage may
command succees even at times when law and justice
are. eet at nought ; ours, that law and justioe are
now so thoroughly established that every honest
man may do with safety what they did at the peril
of their lives. It is impossible to read the report
of yesterday's trial without feeling that the right
of free, bold, discussion has become an article of
the national faith—at all events on this side of the
Tweed. The candour and impartiality with which
the Judge summed up, and the promptitude with
which the Jury returned their verdict, prove that
henceforth every writer and speaker on matters of
public interest is free to speak his mind, provided
he do so honestly and without malice. No one
can reflect on the quiet, unexaggerated tone of the
proceedings without feeling convinced that they
were pervaded by perfect impartiality—that the
same Judge and Jury who exonerated us, would
have condemned us without hesitation had there
been a shadow of reason for believing that we had
acted from improper motives. Such a calm, judi-
cial recognition of an important principle is not
liable to fluctuation or change ; it is a guarantee ,
alike for the rights of the public servant and of his
critics. And here let us—in justice to Lord Lucan
and ourselves—declare, that by putting himself in
the witness-box, and by his frank acknowledgment
of the authorship of his letters, he met us like a
man. Towards Lord Lucan personally we have
never entertained any sentiments of hostility. We
have canvassed freely his conduct as an officer—
we have never attacked him as a man. The re-
forms which are being inaugurated in the army, in
consequence mainly of the discussions to which his
conduct gave rise, may, we trust, be regarded as a
pledge that there is little danger that such conduct
will again call for animadversion from a, public
journalist ; and we should never have reverted to
the consideration of that conduct, had he not, by
dragging us into a Court of Law, compelled us to
do so. That his unwise attack has placed our in-
tegrity and leniency in a clearer point of view than
it could otherwise have been placed in, we cannot
but feel • and feeling this, it will be Lord Lucau's
own fault if we have ever again to talk of him in
terms that may be offensive to his self-love.

such Matters as. the disputes between Lord Raglan
and Lord Cardigan; aril the merits of the Chelsea
Board's verdict, then there is an end at once to
the political discussions of the press. Lord Lucan
had been acoused ofmany things, and some of the
charges could not be denied. Among those which
no ingenuity could escape from were the displays of
temper and the want of self-command to which the
alleged libel alluied. The jury, by their verdict,
declared that to comment on such faults in a man
holding a post of theyhighest importance was
within the legitimate province of a public news-
paper.
This action is probably the termination of the
long controversy which has occupied the country
for the last two years, and may be briefly described
as the contest between the press and the military
world. We all know how it began with the letters of
our correspondents in the East at the time when
the British forces, after gainingone brilliant victory,
felt the first chill of coming misfortunes. It has con-
tinued since that time with little intermission. There
have been questions of perhaps deeper political
interest, and on which party spirit has been more
thoroughly roused, but never has there been in
our time a discussion in which private and family
feelings have been more enlisted, and in which
such bitterness and rancour has followed criticism,
which was necessarily bold and unsparing: Few
families of any standing are without a relative or a
connexion Who has chosen the proleselen of arms
as a career, of whose credit they are jealous, and
whose:advancement they would make marry sacri-
fices to promote. It follows that the militammust
high..dogreethexilipatieivakftAt_most,,
important class- in our society, •Xteanst_ E - en
who made, who directed, arid 'who represented
the military System' the' press made unrelenting
war." Accustomed to, observe keenly and to judge
accurately, •it saw the rottenness of the edifice,
and, even before it crumbled to the earth, gave
warning of the coming destruction. Of the truth
of the reports published in the chief newspapers,
of the justice of their views, and of the invaluable
services which they hive rendered to the country,
both during- the war and during the difficult
negotiations which have. succeeded it, there is
now but one opinion. Any one who contrasts
the position of England now with what it
was two year, since, will at once acknow-
ledge the benefits which the independence and
courage of the English papers have conferred on
the community which they cl-tim to represent.
But sympathy is not always concurrent upon con-
viction, and many who are unable to charge the
press with any offence, who, indeed, in their secret
hearts acknowledge its services, have been still
mady to see any obstacle cast in its way, and loss
or dishonour inflicted on-those connected with it.
Happily for England and the principles she repre-
sents, any such feeling can never be wid,spread or
of long duration. Even at a time when cliques
and coteries were denouncing us, misrepresenting
our motives, and making even Parliament resound
with their passionate declamations, the great body
of the people trusted and stood by us. Every
succeeding month has added to the credit due to
the course we then took ; and events which are
actually occurring fully prove that the present is
no time to discourage such vigilant national organs
as the London journals.
A proof of this state of feeling is afforded by the
verdict of which we speak. There can be no doubt
that Lord Lucan was induced to bring his action
through a belief that the press did not truly repre-
sent public opinion, and that the great mass of
society were unconvinced, though silent, listeners
to its statements. Without doubt he found
plenty to toll him that a special jury would be
only too glad to give a blow to a Liberal news-
paper, that people were coming round to the be-
lief that the Crimean generals had done their best,
and that the acquittal of the Chelsea Board would
be held by any judge as taking away all just ground
for adverse criticism. The result shows how much
he was mistaken. The case went to the jury.in the
simplest form. Lord Lucan was placed in the
witness-box, and confessed that he had been re-
called in consequence of a highly improper letter
to Lord Raglan. The jury found that the de-
fendants were justified in publishing the article,
and that it was a fair comment on the acts of the
plaintiff.
We shall probably hear so more of such proceed-
ings. The present verdict is a sign that juries
clearly see that the interests of the press are also
their own, and gives assurance that the press,
when firmly doing its duty, in spite of threats and
temptations, will be upheli by them. As the
whole of this Crimean business now belongs to the
domain of h?story we need say nothing more as to
the merits of the particular case, but we may, at
the close of so long a controversy, remind the pub-
lic at how great a sacrifice the pies has fought
the battle against incapacity and uligirchical influ-
ence. Does the world think that, there are not
many inducements to "prophesy smooth things ?"
Do they think it a pleasant position for a man to
have his hand against every one and every one's
hand against him ? If we or our contemporaries'
could hare truly described Lord Raglan as an.
other Wellington or 'Lord Luau as another Hill,
it would have, been most agreeable to do so. If it
had been consistent with honesty to suppress all
that was unfavourable in the accounts from the
East there would have been none of these daily
and nightly invectives against "publicity" and
"anonymous writing." We would request the
public to believe that in Oct., 1854, there was
every temptation to pronounce our generals
heroes and our army perfect. Society was all that
way, the national vanity was all that way, the fear
of hastily uttering discouraging predictions tended,
to the same course. What could the press hope
for during many months but to be charged with
slander and misrepresentation ? Yet it did its
duty boldly and uncompromisingly, and we believe
it has its reward in greater authority and more
general respect than at any former period. It is
very well for Sir F. Thesiger to insinuate that the
censure upon Lord Lucan was the result of
private malice. Such suggestions are only part of
an advocate s business, and are always made with
that recklessness which is one of the most ungrace-
ful traditions of the bar. But we may take the
opportunity that his address offers, and ask in
what case, during these long discussions, false
charges have been brought forward, such as anger or
prejudice would produce ? With all the bitterness
of the military oligarchy and their friends, with
all their determination to crush the press, they
have been unable to bring a single charge of libel,
except that a tailor's deputy was flogged, and the
trumpery affair which was disposed of yesterday.
So far from the press being guilty of making un-
supported assertions, we are even now surprised at
the small amount of inaccuracy which has found
its way into newspaper columns. However, no
apologies are needed for a course which has at
length received the almost unanimous approbation
of the country. The verdict in the case tried yes-
terday will, we trust, put an end to the hopes of
those false friends and overt enemies, both at home
and abroad, who look with natural fear and
dislike on the courage and freedom of the English
press.

(Prom the New York Herald, Nov 15.)
Thursday was an exciting day amongst the scientific
of eur State. The Submsriue Nautilus was put through
it., operations at Glen Cove, and submitted to the rigid
scrutiny of men whose verdict, either of approval or other-
wise, must be final. The company formed to work this
invention had chartered the steamship Champion, and
invited the press and many of the leading celebrities of
cur State to a grand excursion for the purpose of bringing
the machine before the public. Starting from the Peek-
slip Ferry at 10 a.m., Glen Cove was reached, after a
beautiful sail, about noon. In mid-stream we found a
large schooner at anchor, with steam engine on deck, and
on mooting near her we learnt this apparatus was used
for forcing compressed air into the receiver which sup-
plies the Nautilies. At a few yards from the schooner we
observed floating, like a huge porpoise in the water, the
Nautilus.
L The Nautilus in external form is almost round, or, as
Senator Hale aptly termed it, " a water baloon." It
is about ten feet in diameter, by seven feet deep, and
weighs ten tons. A peculiarity, as compared with the
old fashioned diving-bell, is that it enters from the top ;
a species of iron trap door screws down when all are in,
and when the machine is at the bottom, another and
larger door opens in the base, so as to proceed with the
works required. Condensed air is produced on board a
vessel or on land, and is communicated to the Nautilus
by, an immensely powerful hose firmed of thick India
rubber, strong enough to withstand a pressure of 200
lbs. to the equare inch ; this is affixed to the top of the
machine, and communicated by valves inside to the
working, and water chambers. After entering and clos-
ing the top of the machine water valves are opened;
which caiiie the Nautilus to sink ; air is taken into the
working,cbarnber until its density is equal to that of the
water without ; the door of the bottom is then raised in
order to in9ve upon the ground. The operators step
upon the bottom and carry the machine with them, or
iu current way cables passing from windlasses inside
effect the desired I.lloVntlletii. To lilt stone, a hook
placed on the b atom is affixed to the stone, condensed
air is thee thrown into the water chambers, and the water
is expelled until the weight of the stone is overcome. It
is then moved in any direction, and by the re-admission
of watereis again deposited; In one of the experiments
we saw performed, a stone weighing five toes was lifted,
moved h4rizantady between 20 and 30 feet, and then
deposited. The time occupied in going under the water,
bringing the stone to the surface (22 feet), then moving,
'going doWn and depositing, returning again to the sur-
face, wtee only Si minutes. The Nautilus will lay 3,500
cubic feet, of stone per diem,- at a cost of 35 dole.,
being less, according to the opinion of engineers, than
the cost of the same work on terra firma. The averege
coat of eebrnarinn construction is 161 oents the cubic
toot, whilst with the Nautilus as demonstrateel it but,
one cent. All other works are in like proprthei, the
blasting of rocks may he done by it a-, cheaply as in a
quarry. Its adaptability to the examination of ships'
bottoms, to determine the neces,its,. of docking, according
to the opinion of Cape Cernstock, of the Baltic, will effect
the saving of huieireds of thousands of dollars annually.
Its utility in pear!, coral, aid sponge fishing was re.
markably dernouerrated. A gentleman largely engaged
in pearl operatim.s in the Pacific observed that there was
no limit tO its value fur that purpose. Pearl shells may
be sratherleci by it at the rate of from two to three tons
per day to each machine ; this has been proved by ac-
tual experiment in Panama and California ; shells, ac-
e...l.:ling to prices current, are worth from 150 dole. to
tioo dole. a ton. With regard to lifting submerged vase
athuitniluths,releohopuerrsi
ends, the capacity of the pump demonstrates that the
afterlargesat
totalacshsmo
ef
nstniisp
ms
ac,d,aefn.e a beli n raisedfeeling
in th e '
within
sons went whom 40 were ladies. We
worednetrdtoowtnesyt
yesterday,
ourselves entered theeetrrdaapyseotf for us with feelings of tilde.
giving, and soon found ourselves one of 12 individuals--
two being ladies. The iron door was screwed down, and
immediately on descending a noise like the near letting
off of steam dinned our ears ; but this very unpleasant
sensation was relieved by going through the operation of
swallowing. We sat down before we knew it, and the
engineer lifted the door of the bottom and disclosed to
us about six inches of muddy water, When we had
ooall
gratified our curiosity during some five minutes, and ob-
tained a number of shells as relics, the door was replaced,
s ho
no
et
out
tthoe flhaed i setts r
thate sthhsheu,
observation
stay
down
n being
w day. Everybody was more than satisfied, though few
al
:add e wbey
understood the rationale of the inventio n or the peen i-
bell.
arities of its construction as
compared with the diving
The Champion left Glen Cove on her return about five
o'clock, and on getting under w •
ay, a meeting was orga-
nised on deck, when Major Sears could not help saying
a few words to them in reference to the Nautilus, on
which they had been exxperimentin The inventors had
expended much time and large suing; of money in bring-
ing the machine to its present perfection.lmmense and
unknown diffieultie
8 were met with at every step.
first apparatus that we constructed could move up and
down in the water, but that was all: we could not get
it to lift weights, for as soon as we got any heavy
body to the surface, down it went from us. These diffi-
culties were also attended with danger,
the Nautilus
having been shut up out of the water, at the outset, four
feet from the surface, and all thought that those inside the
machine were dune for except the inventor, who knew
they were safe, if they only had the proper amount of
compressed air with them. The properties of air and
water were not in the slightest degree understood when
we set out ; we had, therefore, everything to learn—to
construct a science, in fact. We had to rid ourselves of
the various difficulties incidental to the condensation' of
air, and, more than this, the latest heat of the air. Our
pumps coula not stand the pressure we put upon them,
tor iron it-Ped tied leather burnt up. We sent to Eu-
rope to obtain pimps which would compress air to the
extmt of 4416, to the square inch, but the philosophical
men of that continent sent us for answer that our re-
quest was an impossibility. But we have a pump now
—you saw it working to-day--which, instead of 441b5.,
compresses air
2001 h. to the square inch, and that
al pump isso our invention. Water and air are
.
the princip • les of the Nautilus. Water causes the machino
to descend, whilst it rises tinter the force of compressed
air. The applicability of the machine is shown at the hot.
tom of rivers. In California, South America, and other
auriferous regions, it will move from side to side of the
gold streams, baling, up the dust at every step. con.
&nest', air will move every object to the
osterface, no
matter how weighty. We know, at this present time,
the precise locality, within a snits or two, of valuable
shipwrecked vessels, whose united value will foot up to
sloo,ooo,ooo.tThe Nautilus can cruise about the spot
until it coniesship, and then raising the treasure
is but a question of time. A great feature in the machine
is that it Si independent el all outside influence or assist-
ance, for it is managed Ironi the inside alone, as raani
before me will have already observed.

SOUTHAMPTON ELECTION.

SOUTHAMPTON, WEDNESDAY.

Mr. Ed win James was the favouriteof the Londcn can-
didates for this borough. He was first also in the field.
Mr. Weguelin, however, considered that ha had such a
powerful party of liberals in Southampton, who had pro.
mised him their supp,irt, that be declined to give way to
Mr. James. For the latter to have any chance, there-
fore, it was necessary tbat be should personally canvass
the electors. His profession, however, rt cowed so much
of his time that this was impossible. His friends here,
seeing the hopelessness of contending with the activity of
Mr. Weguelin and Sir E. Butler, gave up the task iu
despair. The bad feelings engendered by the split pre-
vented them from uniting their forces with Mr. Wegue-
lin to fight the conservative candidate, and they decided
on bringing forward another liberal. Their choice fell
upon Mr. R. Andrews, the radical coach maker,. and mayor
of the borough. Mr. Andrews resolved at once to come
forward, provided a numerously signed requisition by the
.)lectora was presented to him. As be L-1 the returning
officer, he will be obliged to resign the office of mayor,
and ply a heavy fine, before he eau be elected member
of Parliament. He has pledged himself that if be be-
cosies a candidate he will go to the poll, and poll the last
man.
most e H
energetic man.
About 1,000 electors haVe been added to the register
since the last
,election.

THE LATE SUICIDE IN ITIGHGATE CEMETERT.—Yester•
day Surgeatit Farr, of the 1 division, succeeded in tracing
the relatives of the young man who put a period to his
existence in Highgate Cemetery, as already recorded in
The Sun. It appears that he was the son of a gentleman
named Fettoulet, residing at 4, Biltnarton-terrace, Hol-
- Henri FenoWet a a-. in hi 8 30th year, and by pro.
fession a surgerqi-dentik.t. He Mt hie home, 4, Kilinsf-
ton-terrace on the morning of the occurrence, in his
usual apparent health and suirits, and nothing more was
heard or seen of him until the police acquainted his
friends with the affair. No a.atisfactory exwanation can
be offered for the termination of decea-kli
his own band, '8
existence by

THE WEEKLY NEWS, PhICR 2B.—CoxsumprroN ; ITS
CAUSE AND CURE.—A series of interesting lectures on
this distreBbing malady,
and the success of anaspasia, or
traction, in relieving and curing it, as delivered by Dr.
Denis Cronin, of 35,
Bruton-street, Berkeley•square,
will be commenced in the Weekly News of Dec. 6, 1858;
Every family is concerned in it. Weekly News OffiCes
iliaci.colul and Wine Ofbe-court.