The Sun.
London, England, 1857-05-09 00:00:00

LONDoN, SATURDAY EVENING, MAX 9, 1857.

HEAD MISTRESS required for a PUBLIC
INSTITUTION. She must be thermghly competent to
grout] i the scholars in a sound English Education, and to teach the
trench Langu•sge with a correct •pronunciation. Salary not less
than 60/. per annum. with board and residence in the Establish-
ment. Written applications to be addre*sed "W., care of Mr.
Gravatt, stationer, King-street, Cheapside."

A IV-NTED, a HEAD MASTER fcif a PrJBLIC
INSTITUTION' in the nclgh',ourhood of London. Ile
mmt he a Classical and Mathematical Scholar, a good disciplinarian,
and thoroughly experienced in the conduct of a Scholastic Esta-
lishment. .Slary, with board and residence in the Institution.
not less than 200/. per Annum. Wriiten applications to be sent in
any Ulna before 12 o'c'ock on Monday, the 18th inst., addressed
" T. A., care of Messrs. Houghton and Co., stationers, 30, Pou try."

ANK OF DEPOSIT
No. 3, PALL-MALL EAST, LONDON.

. -
Established A.D. 1844.
Parties desirous of INVESTING MONEY are requested to
xamine the plan of the Balk of Deposit.
Pmspectuses and Forms tor Opening Accounts sent free on appll-
mtion.

PETER ➢IORRISON, Managing Director.

ARTS.-37, Bo nlevart des Capucines.—The
COMPAG.NIE LYONNAISPI is decidedly the most Im-
tant as w 11 as mo t fashfonaljle Establishment in Paris for no-
velties of the first rink. All the elegant Fancy Eis•ues Lace; ready-
made'mmtles, Sorties des Bat, an French She Is are of
their own manufacture. Their house in I ,dla despatches regularly
twice a month the finest Cechemires. These. advantageS enable the
Proprietors to supply ladies at manufacturers' prices.
N.B. Ladles are at full liberty to visit the Warerooms without
being required to purchase.
Compagnie Lyonnaise, 37, Boulevart des Capucines.

QQIIWEPPE'S • MALVERN SELTZER
11/43 WATER, manniactured by J. SCHWEPPE and Co., the sole
lessees of the Holy Well, possesses all the celebrated properties of
the N a sau S .ring. SCHWEPPE'S SODA, MAGNESIA, POTASS
WATERS and LEMONADE, are manufactured as usual. Every
Bottle is protected by a Label with their signature.
SCHWEPPE and CO.,
Manufacturers of Soda, Magnesia, and Potass Waters and Lemonade,
London, Liverpool, Bristol, and Derby.

TOZEATTS COPAHINE, ar SA.CCHARATED
itCAPSULES, approved of by the french College of Physicians,
taccessfully administered in the Paris and London Hospitals, and
cknowledgsd by them to be the best remedy for a certain disorder.
See "Lancet" of Nov. 6, 1852.) A copy will be forwarded on appli-
3ation.--Price per 100, 4s. 6d. ; 50, 2s. 9d. To bo had of the inventor,
G.tBRIEL JOZE.IU, French chemist, 49, Haymarket, London,
the principal chemists.

BIOGRAPHICAL SKETCH OF JAMES
MORISON, the Hygeist, Founder of the British College of
Health, with statements of his own case. May be had gratis
at the British College of Stealth, New-road, London, and of all the
llgyeian A gents throughout the world.

whom agother maliciously speaks or writes defamatory
matter should have civil, or, in extreme cases, a criminal
remedy against the defamer. In as far as the defamer is
concerned, the essenca of the thing is malice, either ex-
press or implied; in as far as the defamed. is ,concerned,
the gnund of his claim for redrees is the damage his cha-

racter h3s sustained, or is necessarily placed in jeopardy of
sustaining, by reason of the defamation; and the estimated
extent of such damage affords the measure of his corn.
pensation. Th sj are the first principles on which
rests the whole theory- of civil redreSa by an action
for damages in cases of defamation. In order to sus-

„ ..............._._ .
tain such an action there must be proof of malice in the
defamer, damage to the defamed. if either ingredient bs,
wAnting, the requisiteproof fails, and the claim fur redress
is not made cut. There are, no doubt, numerous cases

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where the,rnere nature of the defamatory language em

cloyed is such as to imply malice in the sp;:aker or writer,
so far, at least, as to throw on him the burden of showing
that, in point of fact, no malice existed. There are other
cases where this presumption is so strong as not to admit
of being thus rebutted—cases where the language used is
so flagrantly and grossly vituperative as not to be-palliated
by any.alleged rectitude of intention. or explained sway
by any circumstance of extenuation. Again there are cases
and they are by no means unfrequi nt, where the occasion
is reasonably and •properly he'd to justify the use of lan-
guage, whether in writing or spe eking, which is in itself
unquestionably defamatory, in as far as it has a tendency
to detract from the character of another to his damage.
Among the most familiar cases of this class aro those of
public comments on the character and conduct of public
men. A very considerable degree) of latitude is here most
properly allowed, on the clear principle that it is to the
public interest that such comments should be freely made,
and unless manifestly prompted by personal malice, or
other sinister motives, should not be rendered amenable to
the penalties of the libel law. Another familiar instance
of the-same principle is the protection thrown round the
master in giving the character of adelestic servant. This
is an occasion in which flee general interest requires that
the truth should be told at whatever cost to personal cha-
racter, and accordingly, unless clear proof be given that
truth has been wilfully departed from and malice wan-
tonly indulged, any statement whether written or verbal
regarding the qualification of a servant, however disparag-
ing, is protected as a privileged communication.
All these applications of the law relating to defamation
are manifestly based on the one larinciple'from which the
whole proceeds, viz., that to constitute such defamatimeas
can alone give a ground for claiming civil redress two
things must concur—malice in the defamer, consequent
damage to the defamed. Now, apply these principles to
the state of the law brought before the attention of the
house by Lord Campbell. Parliament, let it be supposed,
is in session; a grave inquiry is pending on a subject of
the highest public importance ; the results of that inquiry
—all the steps by which those results are attained—are-
matters on which the public have the highest interest, and
therefore the best right, to be accurately informed. As a
necessary part of that inquiry disclosures are mace dis-
paraging to the conduct of an individual. The report of
the inquiry is published by the authority of Parliament;
the disparaged individual brings his action against the
printer; and as long as " Stockdale v. Hansard " is law,
in that action be must succeed, for the privilege now en-
joyed by reports of proceedings in courts of justice is not
enjoyed by reports of proceedings in Parliament. Take,
again, the case which arose the other day. Suppose the
publication by a public journal of the report of proceedings
at a public meeting which is alleged by a plaintiff, and
found by ajury, to contain statements disparaging to his
personal character. Hero, again, it is now conclusively
settled, by the case of " Davison v. Duncan," that the
plaintiff must retain the benefit of his verdict. It is no
defence for the proprietor of the journal that the meeting
was public—that the subject discussed was one of general
interest—that the report was truthful and trustworthy.
We suppose there is no rational person in these realms
who will not agree with Lord Campbell that this state of
things is eminently absurd and unsatisfactory. On 'princi-
ple, there is no reason whatever for extending the privi-
leges of immunity to the reports of the law courts which
does not equally apply to the reports of proceedings in
Parliament and all bona fide public meetings—meetings
called, not only colourably but really for the discussion of
subjects possessing other than a mere personal interest. In
fact, so utterly does all valid ground of distinction fail
in favour of conferring the privilege excluively. on the law
courts, that wears driven upon the conclusion that judges
of the superior courts, by whom this portion of our libel
law was in fact made, established the rule without any
reference to principle at all, solely for the protection of
the tribunals in which they themselves presided. Lord
Campbell suggests that there may be a difficulty in defin
ineb the kind of public meetings to which the privilege
should be extended. But surely the difficulty would not
be insurmountable. A fair and truthful report of any
public meeting, bona fide called for the purpose of discuss-
ing matters of other than mere personal interest, ought cer-
tainly to be protected from the penalties of the libel law.
There is no malice in the reporter, if the report be correct
and truthful. If there be malice in the speaker, the re.
medy ought to be against him ; and as to the supposed de-
triment to the individual, in so far as it arises from the
report, the journal in which the report has appeared is
equally open, and in the present state of the law is bound
to give admission, to the contradiction.
There was one matter thrown out for consideration by
Lord Campbell which is deserving, we think, of very great
attention. His lor.lship's suggestion was, that wherever
in in action for libel against a journal in consequence of a
report of a proceeding at a public meeting, it could be
made out that tho report was a fair one, and that no real
damage had been sustained by the plaintiff, the jury might
be entitled to give a verdict for the defendant. This would,
no doubt, be a very small rule to establish; it is, in fact,
merely the application of the same principles to newspaper
reports of the proceedings of publio meetings which we
have already stated to be applicable to all cases of oral or
written slander in the case of private individuals. If the
report is a fair one, there is no malice in the journalist ;
if the character of the plaintiff has not been injured by the
report, there is no damage. The two elements necessary
for giving a claim of redress on the ground of defamation
when a private individual is the defamer are both want-
ing in such a case ; and there is really no reason why there
should be one law for the journalist, especially when he
merely acts as a reporter, and another law for every other
class of the community. We trust that the coramittee to
be appointed ou Lord Campboll'a motion may speedily pre-
pare the way for a thorough amondment and reconstruc-
tion of the law of libel as it affects the reports of proceed-
ings in Parliament and public meetings-

ROYAL COMMISSION-MEDICAL DE-
PARTMENT 01? THE ARMY..

(Prom the London Gazette of lad evening.)
WAR-OFFICE, MAY S.
The Queen has been pleased to issue a Commission under
her Royal Sign Manual, of which the following is a copy,
to enquire into the organization, government, and direc-
tion of the medical department of the army :
Victoria, by the grace of God of the United Kingdom of
Great Britain and Ireland Queeo, Defender of the
Faith,
To Our right trusty and well-beloved Councillor, the
Right Honourable Sidney Herbert; and to Our trusty
and well-beloved Augustus Stafford Stafford, Esquire ;
Sir Henry Knight Storks, Knight Commander of the
Most Honourable Order of the Elth, a Colonel in
Our Army, and Secretary for Military Correspondence
in Our War Department ; Andrew Smith. M.D., Di-
rector - General of Oar Army Medical Department ;
Thomas Alexander, Companion of the Most Honourable
Crier of the Bath ; Sir Thomas Phillips,
Knight ; James
Ranald Martin, Esquire, F.R S. ' • Sir James Clark, Bart.,
M.D. ; and John Sutherland, M.D , greeting :
hereas it 'lath been humbly represented to us that, con-
sidering the great importanceof maintaining. and improving
the health of all ranks of our Army at home and abroad,
and of providing for their medical care and treatment in
cases of disease, wounds, and other casualties whatsoever,
in the most approved manner, it is expedient that certain
inquiries should be made into the constitution of the Me-
dical Department of our army, the mode of appointment
of its officers, and the system which regulates their rank,
pay, promotion, and retirement ; likewise it is further ex-
pedient to examine into the condition and administration
of tho hospitals of oar army, with a view to their increased
efficiency.
Now know ye, that we, having taken into our conside-
ration the premises, do hereby order and direct, you
the said Sidney Herbert. Augustus Stafford. Stafford, Sir
Henry Knight Storks, Andrew Smith, Thomas Alexan-
der, Sir Thomas Phillips, Sir James Clark, James Ranalci
Martin, and John Sutherland, to inquire into the organi-
sation, government, and direction of the Medical Depart-
ment of our Army.
And firstly, to enquire into the mode by which candi-
dates for first Commissions are selected, and the
system adopted for their promotion and routine of
service ; also the mode adopted in regard to their pay and
retiring allowances.
And further, We do order and direct you to enquire
into the means now adopted for acquiring, keeping up, and
adding to the professional knowledge of the officers of Our
Medical Department, and to consider whether it will be
expedient to encourage them to combine civil practice
where comestible with military duty.
And further, We do order and direct you to enquire in-
to the operation of the regulations now in force, with a
view to the prevention of disease in Our Army, 'both at
home and abroad, as regards barrack accommodation, en-
campments, clothing, rations, and other matters'' relating
thereto, having regard to the various climates to which
our troops are exposed, and the duties and responsibility
of the medical authorities on these matters.
And further, We do order and direct you to enquire
into the state and condition of military hospitals, both
general and regimental.
Also in the system adopted in the same, or the treat-
ment of our soldiers, and the powers possessed or exercised
by the medical superintendents or other functionaries in
such hospitals, for providing diet, medicines, and every
requiaite for the medical and surgical treatment of the
patients under their charge, together with the character
of the diet, medical comforts, furniture, and other hos-
pital supplies.
Also, We do further direct you to inquire generally as
to the expenditure of such hospitals, and the financial
control now exercised in and over the same, and the rela-
tive authority of the various departments whose functions
are exercised within the hospitals.
And further, we do order end direct you to enquire into
the rules and regulations, or the practice, in forte for in-
validing and discharging the soldiers of our army, when
brought forward for discharge, as unfit for further service.
And farther, we do order and direct you to enquire
into the system of management and treatment of, and the
provision made for, patients in civil hospitals, whether in
immediate connection with our army or otherwise, and to
consider whether such management or treatment, or any
portion thereof, can be introduced with advantage in the
medical department of our army.
And we further order and direct you to enquire into the
expediency of making provision in our military hospitals
for the officers of our army suffering from disease or acci-
dent incurred in our service, end toconsider whether it will
be advisable to provide in our military hospitals for the
treatment and cure of lunatic officers or soldiers, or to es-
tablish a separate military hospital or hospitals for that
purpose, or in any other manner to provide for the treat-
ment of such cases.
And we do further command and require you to re-
ort what changes you may consider it expedient to make

in the organisation, management., and expenditure of th
Medical Department of our Army, with a view to the ut-
most efficiency of this branch of our military service, and
what measures you may recommend to be adopted, with a
view to the preservation of the health of ottr troops at
home and abroad; and also .that you do report your opinion
upon such returns or recor Is as should b 3 kept by the me-
dical officeri of our army, with a view to the preparation
of a well digested and accurate b3dy of military medical
statistics.

And it is Oar further will and pie Aura that you,
i or any
five or more of you, do obtain information tOneling the
matters aforesaid by the examination of all persons most
competent, by reason of their knowledge, habits, rr
experience to afford it, and also by calling for all
documents, papers, or records which may appear to
you, or any five or more of you, calculated to assist
your researches and to promote the formation of a
sound judgment on the subject, and that you, or any five
or more of you, do report to us, under your hands and
seals, your several proceedings, by virtue of this our M.A..
mission, together with your opinions touching the several
matters hereby referred for your consideration.
Given at our Court at St. James's, this fifth day of
day of May, in the year of our Lord one thousand
eight hundred and fifty-seven, and in the twen-
tieth year of our reign.
By her Majesty's command.
(Signed) PANMURE.

STATE OF TRADE.

MANCHESTER, MAY 8.

The cotton-market has been eteadier this week, but
trade has been exleedingly dull in cloth, and sellers have
found it difficult to maintain the prices of.last week; In
some instances further. concessions have had to be made,
and, considering that the, rates demanded were unremu•
nerative, this is reasonably enough a• matter frr great
dissatisfaction among manufacturers. For T-olothe,
long-cloths, and heavy domestics there was little.in-
quiry, and the sales effected have been mostly of very
limited extent. In printing cloth and shirtings there has
also been a limited business, and the tendency of priceii
is in favour of buyers. In yarns the purchases hare
mostly been for immediate requirements, but, there has
been rather more inquiry yesier,lay and this morning,
with a firmer feeling in prices, though hitherto this has
not led to much actual business.
Of the linen trade Messrs. Richardson, Lee, and Co.
say in their monthly report that " the demand has been
smaller than in the earlier months of the year ; but, con-
sidering interferences with regular trade caused by the
unsettled state of monetary affairs and by the election,
the amount transacted has been considerable. As respects
price, the tendency is in favour of the buyer of coarser
kinds, while the finer sorts are held for full quotations,
as stocks are small. The advanced prices for Leeds yarns
established during March are maintained, but a further
expected onecannot at present be realised, although the
quantity of yarns being sent to the continent is very
large. Future prices will depend much on the opera-
tions of buyers for the United States' fall trade, which
are likely to be considerable."