The Sun.
London, England, 1850-12-09 00:00:00

NEW NOVEL BY MISS KAVANAGH.
New ready at all the Libraries, in 3 vols.,
N A T II A L lE. A TA-14 T:
BY JULIA KAVANAGH.
Author of " Woman in France," &c.
" Her heart upon her lips,
Her soul within her eyes,
Soft as her native clime,
And sunny as its skies."
Henry Colburn, Publisher, 13, Great Marlborough-street.

ramtilul

English feelings. It is a recognised and well-esta •
ilished legal maxim in this happy land, that " pre-
vention is better than cure ;" and far better would it
be that the censorship of the press were at once esta-
blished, and every publication revised and modi-
fied by public officers before it could be issued
to the community—aye, that every independent
journal were suppressed by the iron hand of despotism
and its appearance absolutely prohibited, than that
it should be denrived of its utility by being prevented
from fairly commenting on the public acts of public
men, or even of persons in private stations, if those
acts should be prejudicial or dangerous to the national
interests, the safety and welfare of the community in
general. Then, indeed, would it be degraded from
the important and exalted functions it previously dis-
charged. In place of being the fearless vindicator of
national freedom, the terror of political criminals, the
scourge apolitical vice and turpitude, the indignant
exposer of public offences, it would sink into the ver-
bose and inane chronicler of aristocratic parties and
aristocratic movements, the sycophantic adulator of
those with sufficient wealth to purchase its venal and
fulsome praise. It could not in any case venture on
censure, however richly merited, for then (crede his
ex Highness) "it should be punished for it," and the
obsolete maxim, "the greater the truth the greater
the libel," would be restored with renovated force.
Gun forbid that this " liberty," of which we are so
justly jealous, should ever degenerate into licentious-
ness, that the right of legitimate comment on public
affairs should ever be turned into the instrument of
private malice or private vindictiveness, to invade the
sanctity of domestic life, or to calumniate, or to hurt
the feelings of individuals, when no public principle
was to be asserted. If any journalist should be base
enough so to misapply the extraordinary privileges
with which he is invested, no punishment could be
too great for his offence. The stringency of the
penalty should be proportioned to the magnitude of
the powers which had been perverted and abused.
Let the fullest measure of justice be inflicted on all
such offenders. There can be no sympathy or com-
passion felt for the wilful, malignant, and habitual
libeller, however formidable may be the personal con-
sequences of his outrage on propriety and the best
interests of society. But we boldly and unhesi-
tatingly deny that The Sun has thus prosti-
tuted its privileges or its powers. Private
slander we have ever held in the deepest detestation,
and it is with pride we assert that it is impossible to
exercise greater caution than we use, and have ever
used, against the admission of any untrue reports or
improper language calculated to inflict unnecessary
pain on any person, high or low, rich or poor,
exalted or humble. But if the sacred duty we owe
to our friends and subcribers, and to the community
in general, as an organ (and one not altogether un-
influential) of public opinion, demand the notice or
consideration of any facts or subjects, we give it in a
fearless, straightforward, and unmistakeable manner .
While we never have gratuitously attacked, and
never shall unduly or unnecessarily attack, the indi-
vidual, we never sacrificed and never will relinquish
the independence and privileges of our position.
So far as we were concerned the Duke of BRUNSWICK
might for ever have continued in the "natural and
sinister obscurity" to which he had been consigned by
the withdrawal of the confidence of his subjects, his
expulsion from his hereditary dominions, and the
substitution of a junior branch of his family on the
Ducal throne of Brunswick, without notice or obser-
vation. It was nothing to us whether he were
adorned by the virtues of an AURELIAN, or dis-
figured by the vices of a HELIOGABALUS. So long
as these virtues or vices were concealed from public
view, provided that they belonged to the man and not
to the public character, we would neither flatter him
by ascribing the one, or censure him by imputing the
other. But when he repaid the hospitality so gene-
rously afforded to him in common with every other
political refugee—to the high-minded and noble as
well as to the base and mean—to the victim of un-
merited misfortunes as to the sufferer from his own
unjustifiable acts—by assailing one of our most
cherished institutions, one of the most potent bul-
warks of popular rights and popular liberties,
we could no longer remain silent. We speak of him
in his public capacity to prevent the possible conse-
quences of his public acts. As Mr. Justice ELME
justly and truly remarked, our article—for which
two actions have already been brought, and two trials
in banco have taken place at an enormous expense—
" was directed throughout to the defence of journal-
ism against the party by whom the verdict which
called it forth had been obtained." The whole tenor
and effect of our observations showed that we had no
other object than that which the jury by their verdict
have found ; and we repudiate with disgust the hor-
rible meaning which the Duke endeavoured to affix
to one of our expressions, and to sustain by an un-
founded allegation, that the word " own " was printed
in a larger type than the remainder of the sentence.
Having thus vindicated ourselves from charges to
which we could not properly allude during the pen-
dency of the action now happily and justly disposed of,
we must offer a few remarks as to the particular
mode in which these proceedings were conducted.
If the object of the Duke were merely the defenceof
his private character against what he considered to
be unwarrantable aspersions, why, we ask—seeing
that he asserted that he was not desirous of "gagging
journalism," or entering upon "a profitable specula-
tion"—did he not apply to the Ceurt of Queen's
Beach for liberty to file a criminal information, in
place of' instituting an action, or rather actions, for
pecuniary damages ? The former has ever been re-
garded as a more satisfactory vindication of character
than the latter. The complainant, who considers
himself aggrieved, has the opportunity afforded him of
denying on oath the accuracy of the charges pre-
ferred against him; of showing that they were
wholly unjustifiable and undeserved; that his hands
were pure and undefiled. He could not in such a
proceeding heap insults or slanders on his opponent.
It is for the Duke to say why he did not adopt that
obvious and straightforward course, for the less
satisfactory proceeding by civil suit, where he himself
could not be called on as a witness, or enabled to clear
his reputation from what he considered to be improper
aspersions, under the sacred obligation of an oath.
Again we ask, why did not the Duke place his
case in the hands of some one or more of the many
eminent advocates who adorn and reflect honour on
the English bar ? Thera is, happily, no lack of such
persons, to whom the pecuniary interests, the reputa-
tions, the honour, even the lives of the suitors may
safely be entrusted, and who would ably and fearlessly
discharge the duty imposed upon them. The Duke,
however, preferred to act as counsel on his own be-
half, and in doing so sought a latitude which no
practising barrister would venture to assume. No
leader of the English bar would disregard the
repeated remonstrances of the learned and
respected judge, who presided on the bench of justice
with so much courtesy and dignity. No respectable
practitioner would have disregarded " those conven-
tional courtesies which belong to society in general,
and the technical rules which prevail in courts of
law, and which are necessary for the right and due
adMinistration of justice ;" nor would he travel be-
yond the limits of the subject-matter then under in-
vestigation for the purpose of assailing in a privileged
address the characters of the absent and of the dead—
of those who were there unrepresented and incapable
of defending themselves. He would not read to the
jury a long written address, every word and sentence
of which had been carefully framed and ela-
borated, and calmly and maturely considered.
There might have been some excuse for the
introduction of irrelevant matter, if it had occurred
in the heat of discussion, and had been improvised
from some circumstance occurring at the moment,
bat there could be none when it was premeditated in
the privacy of the closet, without any disturbing in-
fluences to warrant or justify such allegations. The
Duke, however, took his own course. He had all the
advantages of professional assistance and legal ex-
perience, without any of the drawbacks that might
arise from the feelings of those who might be un-
willing to hazard their professional reputations by
the introduction of topics justly and properly for-
bidden by the ordinary and well-recognised regula-
tions of the; tribunal before which theinquiry was
. he' -griebutt
conducted. :It was undoubtedly the privilege of the
Duke to conduct Isis owii
case' if h
,
budakid-
.we
budlP, was a precedent which on p
should greatly regret' to see generally fOliiiiied: ' It
was-not, as Sir FBERERIc. niEuGA,,, tiuky,..re_,,
tasked,, from' sad necessity or slender toetttiSithat.'
IT .-,n1,11

the Duke had been driven to this alternative;
he had boasted of h's ample resources, which
enabled him to distribute the proceeds of the large
verdicts he had obtained against journalists of a very
different character from ourselves, in acts of charity
and beneficence. But it would certainly have been
better if he had not mentioned these matters to the
jury while the amount of damages (if any had been
given) were still undecided, or endeavoured to gratify
his liberal feefings at the expense of ourselves. We
do not think a profevional advocate would have in-

troduced such a topic, or cast it as an ingredient in
the case into the jury-box. But as the Duke thought
proper to allude to it, we confess to a slight feeling of
curiosity to discover R hich were the fortunate institu-
tions or charities that benefited to so large an extent
by his Highness's exceeding generosity.
We shall not now advert at any length to the
omission of those parts of the article which might
possibly have led to pleas of justification on our part.
The matters relating to the witness Camila. REIN..
UOLD to our judgment appeared the most important
part of the subject. The Duke, however, deliberately
and advisedly disregarded it, ar,d, therefore, we need
offer no objection, as he manifestly considered it as
forming no sufficient ground of complaint. It would,
however, seem more fitting, as a general rule, that
the whole of an article should be submitted to a jury,
than that detached portions should be selected, which
might by themselves appear objectionable, when taken
without the qualifications contained in the remainder
of the publication. We speak of it not in reference to
our own case, but as inconvenient, if generally
adopted.

But we do think that we have a just ground of
complaint in the unnecessary multiplication of suits,
the double litigation forced upon us for one and the
same cause of action. Why should a party recover
double or treble damages for the same injury ? If a
bill of exchange were dishonoured, the holder might
bring actions against all the parties—acceptor,
drawer, and all the indorsers ; but if he recover
damages against one of these parties, and that the
amount assessed by the jury were satisfied, the other
suits would be discontinued, at least upon the pay.
ment of the costs. But here it was different. A jury
having ascertained the amount to which they con-
ceived him entitled—his shilling (!) being honestly paid
—why should he seek for further pecuniary compen-
sation ?

The recent "appreciation" in the value of silver,
its comparative scarcity as a medium of exchange, and
the extraordinary demand for it in all parts of the
world, are worthy of deep and serious consideration.
The bullionists may, perhaps, find that the game is
not so completely in their own hands as they have
hitherto thought; and it is by no means improbable
that, ere many years have elapsed, those who have
hitherto stuck to the letter of their contract in direct
violation of its spirit, who have rigorously insisted on
their "pound of flesh," and would agree to no modi-
fication or alteration, may be the first to cry out for
an equitable arrangement, based upon the real value
—the " purchasing power" of the pound sterling,
and not the mere weight and purity of the gold con-
tained in the "sovereign."
It is perfectly manifest that this change has been
occasioned by the large amount of gold obtained from
California, which has altered the previously existing
proportions of gold and silver. The world has re-
peatedly witnessed such changes, and it is more than
probable that we are on the eve of a great monetary
convulsion, such as that which was produced in the six-
teenth century by the discovery of the Mexican and
Peruvian mines, and the extensive importations of the
precious metals from the New World to Europe. The
people were then ignorant of currency principles;
they were not aware of the alteration in prices that
must necessarily ensue from a considerable addition to
the circulation. The enhanced prices were attri-
buted to every cause but the true one. The people
were discontented and dissatisfied ; they de-
manded stringent remedies without knowing the
source of the disease ; they found that
prices were more than quadrupled within less than
half a century. The average cost of wheat which,
from 1460 to 1560 had only been 9s. 2d. per quarter,
vas in the next 40 years increased to 2/. 7s. 5d., or
rather more than it now sells for, notwithstanding the
vast increase of population that has taken place during
the interval. The cause of this miraculous alteration is
now perfectly obvious. It was not that wheat had
become dear, but that money was made cheap.
It was not that there was a scarcity of food—a famine
in the land—or that the soil of England had become
less fertile, or its inhabitants less industrious, that there
was a great addition to the indirect taxation of the
country, which should necessarily fall upon the con-
sumers, but simply that the mines of South
America had proved very productive and
easily
.worked, that the quantity of labour re-
quired to produce the precious metals was much less
than had previously been the case. And, as labour
is the true measure of value, bullion became cheaper,
and the natural consequences of that plain and simple
fact were said to be the " dearness of all other com-
modities," just as at this moment many short-
sighted persons ascribe the ruinously low prices of
agricultural produce to the abolition of the corn.laws,
and the absence of protective imposts, in place of to
the monetary scarcity produced by the iniquitous and
impolitic laws of 1819 and 1844.
There were "corn-laws" enacted at that period also,
but, of a very different character from those now de-
manded. They were directed against monopolies,
regrating, forestalling, boarding, and other acts, then
supposed to be practised by the " rogues in grain,"
but, like every interference with the natural course of
trade, they proved not only very mischievous, but
utterly inefficient for the purposes for which they
were enacted. The increase of prices went regularly
on, more money would be demanded, and more money
paid for goods with every addition to the circulating
medium of the country, and no Act or Acts of Par-
liament could prevent the inevitable results of the
vast addition to the measures and representatives of
value in the country.
And yet those times, durisg which these alterations
were taking place, are still known as " the golden
days of good Queen BESS." There was ease and
comfort on every side, the national industry was
stimulated to the highest degree, because it met with
its legitimate rewards. There was full and re-
munerative employment for every man able and
willing to work. At first, perhaps, the mere
labourer suffered a little from the change, for
in every case of transition, even from a bad to a good
system, some degree of inconvenience must be sus-
tained by some parties. If it be " a bad wind that
blows nobody good," it must be a singularly " good
wind that blows nobody harm." It may be impossi-
ble to suit the wishes of, or satisfy all parties, and
therefore "the greatest good to the greatest number"
is a maxim that must be acted on whenever it can be
without gross and palpable injustice to the few.
But the evil to the labourer was of a very'brief and
passing character, and he perhaps eventually received
the greatest advantages of any from the change. At
first his wages would procure less food than he for-
merly could obtain, but speedily employment be-
came more regular and constant. There was no
compulsory idleness, no wasting of valuable hours.
There was something to be done in rainy weather, even
in the short cold days of winter, when he would under
different and less favourable circumstances be turned
adrift to seek the tender mercies of the union work-
house. His wages will soon be increase, for from the

new branches of industry opened, there will be le,s

competition for any singly description of labour,

And the farmer, who finds that he can defray his
rents, rates, tithes, and taxes with little more tha❑

one-half the quantity of produce formerly required
will apply a conitiderable portion of the surplus that

remains fur his own use to the improved cultivation

of his holding, or, in other words, the employment of

additional labour, for which there will be xn increased

demand, and consequently an increased price, or what
- - -

is popularly known as " better wages."
These are the results that must follow the in-
creased supply of bullion from the golden sands of
California. Prices will gradually increase as
coin becomes more abundant. The fuudholder

and annuitant may perhaps then feel disposed to alter
the definition of a poupd---that transparent fallacy on
which, they pin their faith at present. They will not,
then think that the public faith is maintained by the
delivery of ti.dwts. 3 grs. of yelloVimetal of a certain
degree of fineness, when they perceive that it lacks
the command over the necessaries and comforts ofi