The Sun.
London, England, 1859-12-17 00:00:00

:THE FRENCH PRESS LAWS.

(From theMonitettr.)
In some recent publications there have occurred
on the subject of prosecutions of the press, certain
errors which it is of consequence to set right.
The magistrates have been reproached with arbi-
trarily violating the rules of the special procedure
introduced by the law of May 26, 1819. To this
reproach the answer is simple. The exceptional
procedure of the law of 1819 has ceased to exist—
it has been abrogated by :the organic decree of
Feb.l7, 1852. Prosecutions of the press have been
restored to their previous condition of matters of
the common law ; they are submitted strictly to the
forms:and stages of the code of criminal examina-
tion, Persons have also ventured to accuse the
magistrates of making use of illegal precipita-
tion in the seizure of certain pamphlets ; this second
charge rests on a confusion easy to clear up.
The regime of the press is applied to three distinct
orders of publications, books, journals, and political
pamphlets having less than ten sheets of printed
matter.
For books the law of 1814 is in operation ; no
new condition has been imposed on publications,
and it may be safely said that the liberty of the
book press has never been More complete or more
undisputed than it is now.
The periodical press has its special rules and its
own regime ; eight years of practice haVe proved
its wisdom and necessity.
The political pamphlet partakes more of the
natute of the journal than of that of the book ; it
offers the same dangers, the same facility of diffusion
without, however, being subjected to the same
guarantees. Before the law of July 27, 1859, ex-
, hortations to civil war, outrages to religion and good
morals, attacks the most audacious on the principle
of property, could be spread by a hundred thousand
copies, and address themselves with impunity to
the passions of the multitude. The evil was irre-
parable when justice intervened.
It is to avoid the danger, and to supply a want
long felt, that the Legislative Assembly introduced
into the law of July 27 a clause making it neces--
sary for the printer to lodge at the office of the
public prosecutor, twenty-four hours before every
publication and distribution, all writings treating
of political matters or mattere of social economy
having less than ten sheets of printed matter. "It
has been desired," said the proposer of the law,
when he was explaining the reasons for this inno-
vation, "it has been desired to put an end to the
impotence of justice, and to prevent pamphlets
being distributed and the impression exhausted be-
fore the magistrate can invoke the action of the
law."
It is, then, an exceptional guarantee which the
law of 1849 has imposed on the publication of poli-
tical brochures.- The seizure is not submitted to
any:condition of time ; it is regular as soon as it hits
been ordered by the examining magistrate, but it
is only definitively maintained in cases in which it
is established that the offence charged in the pro-
secution has been constituted, completed by an act
of publicity.
It', on the contrary, it is shoWn that no act of (Es-
, tribution or of exposure for sale has preceded the
seizure, there interposes a writ of withdrawal. The
,writer then regains his liberty of action, but he is
anticipated, and if the work interdicted for an in-
stant is published, the prosecution is resumed, the
matter is brought before the correctional tribunal,
and justice is enabled to ensure respect for the law.
Such has been for ten years, such is still at this day
the regular and faithful execution of the 701 Art.
of the Law of July 27, 1849.

CARDINAL WlSEMAN.—lnteliigence has 'reached
London that Cardinal Wiseman has arriv in safety at
Rome, where he has been cordially receiveedd . by the other
members of the Sacred College, and has' been favoured with
an interview with his lloliness the Pope. The illness of
the Cardinal, although of a serious character, is not, in the
opinion of his physicians, confirmed. Still it is not at all
unlikely that he. will make the Eternal City his'residence
for the future ; but until such time as he may determine
upon either returning to England or resigning his see his
episcopal, if not his le,,ative,.duties will be administered by
the.ltight nton
Bev, Dr, ivri, his coadjutor,