The Sun.
London, England, 1857-02-27 00:00:00

THE SUN. LONDON, FRIDAY EVRNING, FEBRUARY 27, 1867

to be scrutinised without passion and without pre-
judice. Affecting as that quarrel did the relations of
t sro vast empires, and besides that, in a very
peculiar manner, the character of the British Gb-
vernment. Wherefore, seeing all this, as we have
said, we strove in the first instance, witia.conscien-
tious scrupulosity, to strike the balance of the ar-
gument, weighing the pros and cons of that argu-
ment by means of a judgment held, as nearly as
possible, in a state of absolute equilibrium. As we
intimated in our remarks upon this subject on Wed-
nesday evening—whatever mere " appearances"
might seem to indicate at the outset, we felt that v► e
ought in reason, in justice, in humanity to pause
before precipitately jumping to a conclusion in a
matter of such vital consequence. We did so.
And we di3 80, as facts have proved, not by any
means inconsiderately. The whole of this extra-
ordinary Chinese Controversy was involved, in
regard to the mere facts of it, in so much obscu-
rity, in so many doubts, in such infinite and appa•
rently inextricable confusion—that it became, as
we considered, an imperative duty with us to ex-
amine the matter minutely before arriving at any
positive conclusion as to the supposititious Right or
Wrong vibrating pendulously between the British
Consul and the Chinese Commissioner. It was
especially because of the obscurity, the confusion,
and the complication of the entire question at
issue, that we hailed with so much sa-
tisfaction the appearance in extenso of the official
correspondence. It was even with peculiar and
unaffected pleasure, in one sense, that we observed
the hostile attitude in regard to Ministers as-
sumed upon this Colonial Controversy by the
Leaders of Her MAJESTY'S Opposition. It was
obvious at a glance that from the Collision of
Par ties some flashes of light might be most vividly
and effectually thrown upon the " darkness
visible" of this tenebrous controversy. Neither
have we in any respect been deceived in our an-
ticipations. The suljeet has now been completely
and satisfactorily ventilated in both branches of
the Legislature. Truth, as usual, has sprung to
view out of the contentions of debate—like the
seeds of light that sparkle from the clashing arms
of combatants. And what confirms us all the
more securely in the ultimate decision at which
we have arrived in the matter of this Chinese
Difficulty is the consideration of the really
extraordinary powers ineffectually concen-
trated upon the task of upholding the fallacious
side of the argument. In this respect the Earl
of DERBY'S opening oration—an oration so
strongly condemnatory of the war as almost to
amount to a virtual impeachment of Ministers—
was sufficient of itself to exonerate from all blame
whatever, in reference to this difficulty, the n.em-
bers of Lord PALMERSTON'S Administration. If
that was the best case Lord DERBY could make
out against the Cabinet, they must needs, in
truth, be altogether guiltless ! But when it is
remembered that, in addition to the Earl of
DERBY'S superb rhetorical onslaught, there
were directed against Ministers upon this
question, in rapid sequence, the cumulative
( force of Inrd ST. LEONARDS' legal eru-
dition, of Lord ELLENBOROUGH'S trenchant,
invectives, of Lord LYNDHURST'S almost pythonic
denunciations, of Lord GREY'S snarling acrimony,
and of the Bishop of OXFORD'S politico-ecclesiasti-
cal fulminations—and all to no end whatever
beyond that startling anticlimax to an Opposition
Attack, a signal Ministerial Triumph—What shall
be said TB Ex? What?—butthat the same argument
from its own inherent unsoundness must fail no
less entirely in the Commons than it has already
failed, completely and egregiously failed, in
the Lords—what though it has already been
sustained so far in the popular branch of
the Legislature by the " remarkable and
enviable eloquence" of Mr. COBDEN, by the
variable and splendid abilities of Sir EDWARD
LYTTON, and by the authoritative voice of my
Lord JOHN RUSSELL—himself of late, it must Le
admit'.ed, to some extent the Arbiter of the
Destinies of the House of Commons. It remains
now, however, to be seen whether the great
Whig Leader can still maintain his character as
the Arbiter of thoso high Destinies—when Truth,
and Justice, and the Dignity of the Crown, and
the Honour of the Country are arrayed against
him on the side of her MAJESTY'S Government I

Lord CAMPBELL'S motion for the appointment
of a Select Committee, to inquire. " whether the
privilege now enjoyed by reports of Law proceed-
ings might not be safely and properly extended to
proceedings in other bodies" was last night carried
by acclamation in the House of Lords. We trust
that the Committee will speedily enter on its
duties, and discharge the trust confided to its
care in an enlightened spirit, and with sound judg-
ment. By this means, we hope, ere long, to
witness the removal of ono of the most glaring
defects in the existing law of the land, and the
substitution of more salutary regulations for those
which have operated very prejudicially both to
the interests and efficiency of journalism. The
recent case of DAVISON V. DUNCAN has exhibited
the deplorable state of the law in a very striking
point of view. It has revealed the stringent re-
striction by which the British Press is fettared,
and which, if strictly enforced, would para-
lyse its exertions, and destroy its utility.
We venture to assert that if the machinery of the
law were put in motion on every possible occasion
no person could venture to carry on the business
of a public journalist. "The Freedom of the
Press " would cease to be the boast and security
of Englishmen. It would be impossible to report
the proceedings in either House of Parliament, or,
at public meetings, to comment upon the acts of
any public man, or to give any intelligence that
might be displeasing to any person whatsoever.
Newspapers would cease, to contain news. They
would merely give verbatim, reports of proceedings
in the Law and Police Coutti. It would not
suffice that they should be fair abridgments.
The patty complaining might choose to consider
any
omission as prejudicial to his interests, and
punish the
journalist for not having sufficient
space to publish a
mass of dull and irrelevant
matter.

This anomalous and untoward state of affairs
is prevented by the very creditable forbearance
exhibited by the great majority of the people.
In 99 eases out of 100 a person who-feels himself
injured, when satisfied iliat there is no improper
feeling against him, on the part of the journalist,
either passes the :natter without notice, or merely
in a temperate and gentlemanly letta explains the
rniAlke and requests a correction. But occa-
sionally a person of a different temperament turns
P --one who peremptorily demands, what he is
Pleased t) term " an unqualified," or possibly even
aw u ta n
taerro, tiofgyt
inlef dreecimuaensdtehcolnplied
da nfoort
"abjec,2,
be
or consideration, au actiod is commenced, and costs
being unnecessarily incurred, become additional
elements to be token into account ; and we regret
to say that where lawyers are consulted, they, in
11,0 Means disposed to
Now the simple point
too many instances, are by
act the put of peacemakers.
at issue is, whether the law should be in ac-
cordance with the general feeling, so that no
person should be subject,..cl to legal pro-.

ceedings without actual malice, or' such culp-
able negligence as may be fairly taken to
amount thereto ! or, should the present peremp-
tory gentleman who takes his angry passion as his
only guide, be permitted to indulge his malevo-
lence and vindictive feelings at the expense of the
Fourth Estate ? This is the real question, and to
this the Select Committee of the House of Lords
will have to return a suitable answer.

The whole mischief has arisen from a legal fic-
" Malice" i 3 an indispensable requisite in
every proceeding, and if the word be omitted from
the indictment or declaration, it cannot be sus-
tained. But this fact, which indicates the natu-
ral and constitutional law, is evaded by that which
may be properly termed " Judge-made" law. It
is considered that the "Malice" need not be ex-
pressed. The mere fact of the publication implies
it, although it may bo clearly and distinctly re-
butted by the most conclusive evidence.
This evil would be completely averted by render-
ing the question of "malice" one to be decided
by the jury on the actual facts of the case, and
not by the Judge according to fixed rules. We
believe that no respectable journalist, who desires
conscientiously to discharge his duty, would ask
more than that the whole question should be sub-
mitted to the jury, and that their decision, when
given in accordance with the weight of evidence,
should be final.

Um].

Lord CAMPBELL has expressed some doubts as
to the length to which the privilege of reporting
public proceedings should be sanctioned. We re-
spectfully contend that there should be no limita-
tion. The mere fact that they are intended to be
public is sufficient to render the speaker justly
responsible for every statement that he utters.
If there be any valid distinction be-
tween " slander" and " defamation," or
between written and oral accusations, it should be
aholished, when the party prefers his accusations
with the knowledge that they will in alt human
probability be subsequently published. In such
a case he should be hold responsible for the natu-
ral consequences of his facts, and it is rather a
far•fetched supposition to imagine I,hat he would
commit the offence with the intention of evading
its consequences by absconding from his home
and country. Times have greatly changed. In
the olden times journalism was unknown. The
man who took the trouble of writing or of print•-
ing since its introduction into England—for pre-
cedents still recognised are older than the days of
CAXTON—anything about another must have
had some peculiarly vindictive feeling to gratify.
The " malice" was therefore reasonably preserved,
but circumstances have greatly changed, and
the law should vary in accordance with these
alterations. Now, it is a matter, of course, that
proceedings of public or local interest should be
reported, and the journal by which the duty is
performed has seldom if ever any feeling beyond
that of rendering a faithful account of what has
taken place.

If any limitation, however, should be deemed
essential, the best test would be that indicated
by Lord CAMPBELL, viz., leaving it to the jury to
decide " whether or no the publication were for
the public good." Even this moderate concession
would be a very acceptable boon to journalists,
and save them from purely vexatious actions.
We trust the Committee may speedily enter on,
and conclude their labours, so that the much re-
quired legislation may take place within the pre-
sent session. We should scarcely suppose that
there could be much doubt or difficulty on the
subject, on which we anticipate complete unani-
mity from men of all parties and grades, and of
every shade and variety of political opinion.

LATEST NEWS.

Intelligence from Constantinople, of the 20th,
states that Mehemet Bey (a Hungarian) had ac-
cepted the command of the independent Circas-
sians. Four hundred men of the now disbanded
Polish Legion have embarked for Circassia on
board English (merchant) steamers, towing ships
loaded with stores and arms.

The English fleet will remain at Buyukdere till
the 24th of February.
English functionaries have undertaken the
management of the electric telegraph between
Varna and Constantinople.

The Russian fleet in the Caspian will disembark
at Asterabad 2,500 irregular troops from Daghes-
tan, with munitions of war.

Intelligence from Bombay, of the 2d inst., states
that Mr. Murray had arrived at Bushire.

The English bactestablished their head-quarters
at Bussorab.

The Chinese continued to bombard the English
forte.

NAPLES, FEB. 23.
The capital is tranquil, but numerous secret
societies are rumoured to be actively at work.
The rumoured domiciliary visits at the Filan.
gieri and Ischitell-t's are contradicted.

A despatch from Palermo, of the 21st, states
that Spimozzi, an officer of Count Bentivenga's
force, and several of the fugitive insurgents, have
been arrested in the disguise of peasants.

MILAN, FEB. 25.
The Archduke Maximilian is on his return from

Trieste.

The promulgation of the new organisation of
the Lombardo-Venetian provinces is momentarily

expected.

The Paris correspondent of the Times (second
edition) says :
" Those who declared in positive terms a few
days ago the definitive settlement of the Persian
question were exceedingly premature. The Rus-
sian organ, the Nord, of Brussels, whose habit
of sweeping assertion has acquired for it a cer-
tain notoriety not tending to increase its credit,
announcad the same fact as undoubted, and, as
is also its wont, greatly modified its assertion
subsequently. Even now, whatever the pv.-
tient perseverance with which the negotia-
tions are followed up, er however promising the
prospects, it would be unsafe to affirm that the ques-
tion is finally settled. Under all the circumstances
of the case no one would be justified in saying so un-
til the signatures of the Biitish Minister for Foreign
Affairs and the Persian Envoy are affixed to the
Peace Treaty, and even then we have no certainty
that the affair is concluded. Our Government may
accept and sign the Treaty, but it must be remem-
bered that it has to be ratified at Teheran ; and this
ratification depends on whether Russian influence
is, or is not, all-powerful at the Court of the Shah.
If Russia can dictate, and if the Persian Govern-
ment submit to her dictation at the moment the news
of our Treaty is received there, or if she be more
powerful than France, the chances against the rati-
fication are increased ; and it would be exposed to
the risk of being rejected altogether. When gentle-
men exhibit impatience in Parliament about the
progress of these negotiations, it would be well to
bear in mind the endless delays and numerous diffi-
culties which are almost invariably encountered in
negotiations with Orientals. Such people can hardly
ever be brought to a point. They are fluent, melli-
fluous and complimentary in,speech ; talk much, are
plentiful in sounding phrases, and are abundant of
promise ; but when you fancy the moment is come
for business, and that every difficulty, every mis-
understanding has disappeared, you are mortified to
find that you are as far off as ever from the con-
clus.ion. The hopes based on the promise of one
day are scattered on the next, and you have to
begin
people
the
ewearY work again. Then the repugnance
these have to put down anything on paper.
None seem more impressed with the maxim verba
volant scripta manent, and they prefer words, which
are but wind, to the black characters which stare
them in the face, and which cannot be denied or ,
explained away. If the • negotiator were any one
else but a Persian, it is probable that not one, but
half a dozen, peace treaties might have been nego-
tiated, signed, and ratified since the first interview
with Lord Stratford.

" I learn that the Russian Ambassador in Paris,
as well as the Persian Envoy, deny the existence of
the treaty between Russ'a and Persia, said to have
been ratified at Teheran on the 18th of January;
and the Nord gives a similar contradiction. I need
hardly say that the non-existence of thot treaty re-
quires some authority less interested in keeping it
secret than either of the parties just mentioned."

FRANCE.
PARIS, THURSDAY.
A notice was Posted to-day at the Bourse, that
from this date the Bank of France will discount 90
days' bills.
The Moniteur contains the following notice :
"A pamphlet, published by an ex-professor, M. Ber-
sot, and articles inserted in several journals, appear to
have excited doubts and uneasiness as to the idea of the
government on the subject of the new system of instruc-
tion adopted in the University. There is not the slight-
est cause for such uneasiness. The Minister of Public
Instruction has frequently expressed his opinion that it
would be rash and impolitic to make any change in the
present system, which perfectly responds to the wants
of the country, and that opinion remains unchanged.
Although experience has eho mu that certain practical
modifications may be made with advantage, yet it is the
firm intention of the government to maintain and respect
the present system of studies, and thus to continue the
just satisfaction given by the indispensable alliance of
literature and science."
BOURSE, Feb. 26.—The following were the last
quotations

Cash. fr. e.
4. per Cents ......... 95 50
3
per Cents ........... . 69 70
New Loan . ........
Bank) Shares
......... 4,200 Roman
Credit Mobilier ...... IAIS Austrian
Belgian Fives.,, 99;5, Spanish Threes
Piedmontese (5)....., 9O 75 Home Debt
RAILWAYS—FOR CASEI.
r c
N
Orleans .............. 1, 412 50 Western
..1 - orthern ............... 960 -- Strasburg
Lyoe ns ......
-•-8
..... ....1,435 New Ditto 765
Mditerranean .....,1,835 Grand Central -
Lyons Geneva ...... 765 Teste
Cette .................. 785 Austrian Cum.
THE LOYAL BRITISH' BANK.

End of Month.
—fr. —c.
69 85

Yesterday afternoon, at half-past three o'clock, the
A ttorney•General ; received a deputation, consisting of
Mr. Jamas Wyld, chairman of the Committee of Dept--
sitors of the Royal British Bank ; Mr. Robert Taylor,
Ir. B. Foster, Mr. G. J. Kam, aad 14r. A. Folkes,
members of the committee ; Mr. John Linklater, soli-
citor for the assignees ; and Mr. 11. Freshfield, Mr.
Coverdale, Mr. Reed, Mr. E. Lawrence, and Mr. Field,
solicitors for shareholders. Toe object of the deputation
was for the purpo.e of calling the Attorney-
General's attention to the anomalous state of the law
with reverence to the bankruptcy and winding-np of
iiint-stock banking companies, with a view to protect
sharebollers from being entirely ruined by numberless
actions, and to enable assignees, on behalf of creditors,
to enter into compromises: The Attorney-General fully
concurred in the views of the deputation, and promised
to speak to the Lord Chancellor and the Vi,e-President
of the Board of Trade on the subject of a bill to be
brought into Parliament to remedy the defects in the
law. Th
they h
had been received.
deputation
thewit hkdienedw' mannerafter inthanking which
gentlemanlearnede

The last accounts from Algeria state that Marshal
Bandon is to embark on the 28th inst. for Marseilles,
on his way to Paris.

AMERICA.

- -

LIVERPOOL, THURSDAY.
The Cunard screw steam-ship Alps (of the Havre
and New York line) arrived this morning. from
New York with advices to the 14th inst. and 3,150
dols, specie on fr,dght. The Alps made the run
from New York.to Liverpool in 11 d%ys 11 hours.
Her outward passage from Havre to New York
was made in 12 days 17 hours.
The screw seam-ship City of Manchester has
also arrived from New York, whence she ssiied'on
the 12th ult.

msot.re,
ThncheeEe,uartor;a7d hence,
New
York
at
oCniityheofl2Btlailliin
YoTrkhe
Halifax on the 14th inst. The Anglo Saxon,
hence, at Portland, on the 13th.
The Cunard Company will despatch the Alps on
Wednesday next, the 4th of March, the day on
which the United States steam-ship Baltic should
have sailed with the mails.
The Senate had taken part with the House of
Representatives in opening and counting the votes
for President and Vice-President of the States.
The event, says the 'Washington correspondence of
the Journal of Commerce, is not without interest
and dignity even upon an occasion when, happily
for the peace of the country, there w as neitl er d oubt
nor dispute as to the choice of the people as eK-
pressed through the electoral colleges. It says
the time may come when again, as in 1801, there
might arise a Serious difficulty in carrying out the
purposes of the constitution. Though one source
of d Inger was removed by a constitutional amend-
ment, others might be imagined as of possible de-
velopmf nt in case of a close and doubtful result of
a Presidential election coinciding with an in-
flamed condition of the popular mind. Upon the
return of the senators from the house, the teller of
the Senate reported the result of counting the elec-
toral votes, and added the fact that the electors of
Wisconsin had not assembled, and cast the vote of
that State till the day atter the time prescribed by
law. Mr. Weller offered a resolution that a com-
mittee, to consist of one member of the Senate and
two members of the house, be appointed to inform.
Messrs. Buchanan and Breckenridge of their elec-
tion. Mr. Crittenden moved as an amendment, in
substance that the vote of Wisconsin ought not to
be included in the list of electoral votes, and that
any member of either house had the privilege to
object to the counting of said votes ; and t'•at it was
competent for the Senate and Nouse alone to decide
that question. Pending the question an adjourn-
ment took place.
In the House of Representatives Mr. Barbour
had moved the reconsideration of the vote by which
the Senate Submarine Telegraphic Bill had been
referred to the Committee on Post-offices. The
proceedings in reference to opening and counting
the votes of the electors of the several States for
President and Vice-President were commenced by
the President announcing their object, and stating
that they were pursuant to law and in obedience to
the concurrent orders of the two Houses. When
the certificate from Wisconsin was read, the re-
marks made in the Senate relative to the vote having
been cast on the wrong day were repeated. A
short discussion upon this point occured, at the
conclusion of which the President announced the
state of the vote in detail, and in further execu-
tion of the concurrent order of the two Houses,
announced that James Buchanan and John C.
Breckenridge were duly elected President and
Vice-President for the term prescribed by the con-
stitution, commencing on the 4th of March next.
Some Californian capitalists had contracted with a
New York shipbuilder for the construction of two
steamships, each of 7,000 tons. They are to carry
3,000 passengers and accomplish the trip to the
Isthmus in 15 days. The dimensions for these
steamers are as follows :—Length, 440 feet; breadth
of beam, 55 feet ; depth of hold, 34 feet.
In the New York money-market the demand
was active, and rates had advanced to 9 to 10 per
cent. for prime paper according to maturity, and 7
to 8 per cent. on call. In exchange but little had
been done, and prices in general were flat. The
rates were 8i to 8/ per cent. premium on London;
from sf. 2310. to sf. 224 c. Paris; sf. 21/c. to sf. 20c.
Antwerp; and 364- to 36i Hamburg. The stock
market had continued to de,-I;ne. Freights firm,
but quiet, but expected to improve from the re-
opening of the southern and western harbours.
To Liverpool, 7-32 d. to id. for cotton, including
Sea Island at gd.; 2s. 3d. for flour, and, nominally,
7d. to 74d. for grain. To London, 3s. per 2831 b.
for spirits of turpentine, 2s. 7td. to 2s. 10d. for
flour, and BJ. per bushel for corn.

NEW ORLEANS, FEB. 12.
Cotton is firm 2 • sales to-day 9,500 bales. Mid-
dling is quoted atl2ic. to 12ie. Sugtr firm. Flour
very dull. Pork quiet. Lard quiet, at 12c. in
tierces. Freights to Liverpool, id. to 9-16 d.
Sterling excliauge, 61 prem.
CHARLESTON, FEE. 12.
Sales of cotton to-day, 1,900 bales ;of the week,
10,000 bales. The market closed at an advance of
1-,e. to 4c. on the week. Good middling is quoted
at 13c.

EASTERN COUNTIES RAILWAY.

MEETING THIS DAY.

This afternoon the half-yearly meeting of this com-
pany was held at the London Tavern, BishopFgate-
street ; Mr. Ralph Waters, Chairman of the Board of
Directors, in the chair.

The r:ep-rt and statement of accounts, already pub.
lished in The Sun, were taken as read.
The CHAIRMAN moved the adoption of the report.
[We shall give the conclusion in our late edition.]