The Sun.
London, England, 1850-12-07 00:00:00

I

alai' is party who appear.; in person being expose::: any
'take in hi, contest with au a dimeam, I have
~Itearaay feuad that there is much more sympathy ex-
d 4,0,41 favour of a parson in that poaieon than for the
ato who is opposed to him, and who is supposed to
Possessc,,, those superior advantages over him. It is gene-
ZY considered that we a; counsel aro armed here with
ere!" of mail, and that a person who ventures into this
esns
into the lists against not clad as weai
n, at ere,s. Betl t
corrias unarmed and defence-
!it theot z epraeea
teit;t occasionhe
ofnyou will be of opinion that that
position of his Highness the Duke
perßrunswick, for he has unquestionably had 'pre-
., 'e for him what may either be termed
thick "of offence or of defence—a folio volume, as
en ci as the sevenfold shield of Ajax—(Laughter)—
ba, he has been clad in a complete suit of armour by
to attorney. He camps, therefore, armed at ail points
is ureter difficulties with an experience of courts of
year, at now ranges over a considerable number of
bet and not trusting to his own extempore effusions,
40 ve. ith the aid of that volume, to which I have already
east', prepared carefully and deliberately in close and
4telet'teftlisultation with his legal advisers, to present the
for h`: the jury in the most favourable way possible
itlace-Irmself- Now, gentlemen, the disadvantage
is labour under by having such an antagonist
Fri-'ilarent. If one of my Honourable and Leaseesi
einds near me had been engneed as counsel fur his
n‘!” the Duke of Brunswick, not only would he
testes himself restrained by those conventional cour-
alk;,,which belong to society in general, but fettered
tlalwri:Yrutthiooteei technical rules which prevail in courts of
• end which are necessary for the right and due ad-
of justice; he would have been forced to
to line himself within certain acknowledged limits. It
ealier toy Learned Friends had bean counsel for his
Reel aess the Duke of Brunswick on tile pre-
ocCasion they would have known their duty
u thee'sren would have repected their own characters too
tities_e venture upon anything beyond the limits of the
eon lets to be fairly and properly submitted to your
the
—they would have felt themselves degraded
af the Position which they held if they had ventured out
ltatee Path of their duty to malign the characters of the
ft ~,11,! and the dead, or to make an inquiry of this kind
ti/e;"(eie for every species of slander and contumely
dein those who are utterly helpless and unable to
theettd themselves. And, gentlemen, why is it
not his Highness the Duke of Brunswick has
4,,,tesorted to the assistance of some of my
fees Zed Friends? It is not for want of
his r• The Duke of Brunswick has spoken to you of
resits
revenues, he has spoken to you of his gene-
distil' which can afford to distribute tbe proceeds of a ver-
peor'.er 8,000/. recovered in alforeign country amongst the
Which he is not destitute of those means, the want of
visual sometimes compels :helpless and unhappy indi-
ally, to confess their own poverty and appear person-
is 1,,,dt Courts of justice to plead their own cause. That
his IT the motive which has governed the conduct of
gee, .ighness the Duke of Brunswick upon the present
t'
pa eaten, but the motives which have guided him are ap-
Ohaa-ZtS You cannot for one moment doubt what his
oih"
casein coming here in his own person presenting his
valich before you, gentlemen. I think the imputation
am 1, he has made to-day is one of the most painful
hen lstressing it was ever my lot to listen to. That he
his d hare ventured to come here himself to vindicate
ee• reputation against slanders which he says have been
silaialS,:raseiteaifitearholyf uttered against him, and say what he has
to me surprising, and that be. who appears in the
a man complaining of libels, which he says
histaiheeen published against him, should in the course of
• lae;"ress to you have been guilty of stronger and fouler
rea'allage, imputing calumnies against absent and de-
, thitted individuals, than anything I will venture to say
traelia!,aPPeared in this paper against the Duke of
tlatry.
to wLea during the whole of his residence in this
It leas Duke of BRUNSWICK—I did nothing of the sort.
s„ a question of fact, and I said nothing else.
paire THESIOER continued—Has his Highness the
he, of Brunswick forgotten Out he assailed the cha-
rer`ars of absent persons? Why the memory of George
bs" a member of his own family, has been assailed by
truervations repeated by his Highness the Duke of
koanawiek, over and over again directed to that deceased
itreh, and his conduct, saying that he and his family
had_ endeavoured to prove that he was mad, in order to
.Js rive him
of his Duchy; that his late Majesty George
'hive• bad treated him worse than he treated Queen Caro-
' th nas his Highness the Duke of Brunswick forgotten
ese ot.
loot ha pressions and other similar ones? And is, col-
ditto I la, gentlemen, we, in the eagerness and haste of
ao,aussien which takes place in courts of justice, aro
• moment Imfortunately led away by the heat of the
fi'_u_nesent into the use of intemperate expressions. Ibe
ti or_ there is not one of us who may not on some occa-
ifiloratehunra:eeitf:ailed in that way, but we find some excuse
es, and others are kind enough to excuse us
sits of
way, by urging that from the hu-
b, sY of discussion and the heat of the mo-
• . _eat
a_
paw. we cannot always guard ourselves against.
to ul expressions or tho introduction of in-
D2e,ra e
language. Not so his Highness the
Which of Brunswick, for here be has a printed volume,
lie's; cue has been reading to you by the hour together.
eat Taal a careful and deliberate preparation of the
h:a-71es which he has been uttering, some of which I
to a-talready alluded to, and it will be my painful duty
harett to others in the course of the observations I shall
on tte "I.°Maka. Now, gentlemen, a remark which I made
that Cter,mer occasion seems to me to be so apposite
since ;8 quite impossible for me to omit it now,
beka 't shows the position in which the
he h" of Brunswick has placed himself by the course
33uke" adopted. Suppose, gentlemen, his Highness the
of Brunswiok had thought proper to go to the
neo.u.rt of Queen's Bench, and apply for a criminal infor-
., !loe -a •
against the proprietor of The Sun newspaper for
ulla very article now before us—suppose in his affidavit
ur in his address to the Court he had said or uttered
half of the slanders which he has directed not only
against the proprietor of The Sun newspaper, but against
other individuals unconnected with this inquiry—.I
venture to say that he would have completely pre-
cluded himself from the remedy he was seek-
ing, and his application would have been dis-
missed in consequence of the conduct he had
adopted. Now, can there be any fair or reason-
. able difference or distinction between that case and the
present, supposing it should ultimately become a question
of damages, which I hope it will not? Can it be said of
',
a party who complains of libels which he says have been
- published upon him, and who seeks reparation in da-
'Ate Mages fur those libels, and at the very time when he is
„It• sUilsg for those damages, assails the reputation of the
Party of whom he complains in terms more unmeasured
la. than those used against him—can it be said that if it be-
'" came a question of damages between these parties, a jury
'would
be found to give the same amount of damages to
hint that they would award to a person who had been
more abstinent and more careful, and who had directed his
attention solely to the question of the injury he had
sustained, and addressed that simply to the jury? Well,
that is the position in which Mr. Young stands with
btterre-
garda to his Highness the Duke of Brunswick on the
present occasion; but we have not yet done with this
19ntilia4 vovinch. appears to be a little preliminary to the
n which you will have to enter, because we cer-
bultj are indebted in some degree to his highness. the
e
ttirutlisc')era Brunswick, or his legal adviser, for having t
tro "justiceof this case placed before you in the most
11-4`ng manner. His Highness the Duke of Brunswick
Ali told
a yen that an action was brought against Mr.
easo—erinen Harmer for this very libel of which he now
ei f Plains against Mr. Young, and that the jury—a spe-
c,: jury, empanelled as you are now to try the
has "tinn of the amount of injury which the Duke
sustained for this publication— awarded him one
af:eling damages. Now, undoubtedly, if Mr. Young,
' • pubri.a Verdict of that description, had published, or re-
this artexposed himself icle, there wouhave been round to
Y that he had to the most serious
telr:aeiglielsees, that he had, in fact, defied the law, and
• a,;„—e'°re ought to have the most exemplary damages
eas-rued against him; but so far from this being the
th-ei there is no republication at all of the article. It is
the,, very Same article and the very same injury of which
yr; Duke of Brunswick is now complaining against Mr.
ea-reung, and he seeks to make the parties liable for
am
in respect of the very same injury, the very
tome newspaper, the very same article, the very same
lasoal7rY. New it has been suggested by his Highness the
belle of Brunswick that Mr. Harmer was rendered
tot e only for nominal damages in consequence of his
say ;being the real authr of tdis libel; but 1 beg leave to
te-te'll the atroneest possible manner, !hat this is as ut-
tiet,; without foundation as many other of the asser-
ae—s which the Duke of Brunswick has been instructed
p
fa the Duke of BRUNSWICK—That is a question of
itsraY Lord.
t% Justice ERLE—That was one of the matters pass-
ttle„,_ll my mind when I told you, that if you made state-
Eour't which had no reference to the question before the
' You could not complain of the other side reply-
sitor those statements.
of A TRESlGER—Gentlemen, his Highness the Duke
• tee, rt ~mswick has thought proper to state that Mr. Har-
r not responsible for the article.
Wa-; -
°Duke of- BRUNSWICK—Why, Mr. Murdo Young
called as a witness to prove it.
r• Justice ERLE—These interruptions, Sir, are no tin
aCCOrdance •
B,r F.
with the sages of the Court.
of /3 a TIIESIGER— uGentlemon, his Highness the Duke
me. ranswick distinctly stated that Lord Campbell ex-
--sd his opinion that Mr. Alderman Harmer was not
t:hie for substantial damages, because he was only proprie-
, mortgagee of the paper, and that it was on that 'c-
unt, and that account only, that the jury awarded the
Zinal damages which they did. I beg leave most
SanetlY to deny that his Lordship held that whether
itkr• Alderman Harmer was only the mortgagee or the
• 'solute proprietor was totally immaterial, that he was
sustained
responsible to the full extent of the injury
for any libellous article which appeared in his
new.-
a -Paper, and it was upon that footing the jury pro-
ceeded in their estimate of the damages. They disap-
Pl aitqae
me, I must confess, in their giving damages Elt
but they came to the conclusion that after his Lord-
-411413 ruling they ought to find a verdict against Mr.
armer with one shilling damages, which they awarded
his Highness the Duke of Brunswick. Now,
gentlemen suppose a trespass is committed by
several individuals, and the party aggrieved chooses
,
Proceed against them separately for the injury which
-e has sustained. I apprehend be can only obtain one
satisfaction for ono injury.
Mr. Justice ERlE—That is an argument upon a point
of law which might be available hereafter upon this
t
`i subject.
Lord, to urge
e rF. TUESIGER—I am not going, my ,
"No - It a
,stlt as an answer to this action in point of law. am
t,:eitittot° a—thearte,lY‘v:illnitrP,ting
'nob
nestion. I' was going to state-
teise,,/..„- could nob talee any' such ,objection on the
,nee
"ens' iftMsl4,loM,w; action engainst ' Mr.
'4114 h; `•tht`'",a"42
cllfit -cMPAR therefore ,merely against mr.
we•
-'-
are placed with regard tOthiS
'''ll/011i` Mai— bias‘ tilrettdY bun nagged between

Mr. Alderman Harmer and his Highness the Duke '• Reinhold. And I have yet to learn that any thing
of Brunswick. We tare in precisely the same position which has been stated in this newspaper on the subject
now that we were when that action was tried—indeed of that verdict, under the circumstances which have been
the tame article and the very identicti papers are pro- stated, can be at all considered as too strong.
duced now that were brought forward teen. Now, gen- Well then, having thus been introduced to the Duke of
demen, just let me advert to the mod-, the very inge- Brunswick through this verdict which he had so ob-
nious mode, of conducting this case which has been re- tained, the article proceeds to comment on his conduct,
sorted to by his Highness the Duke of Brunswick, of on the opinion which is entertained of him, on the
course under the able legal advice of his attorney. Let judgment which history will probably form of his cha-
me point out to you the ingenious mode which has been racter; and here let me come at once to issue
resorted to for the purpose of preventing all the truth of with the Duke of Brunswick. It may be
this case being made known to us. His Highness the that the Duke of Brunswick was an amiable and ex-
Duke of Brunswick has over and over again spoken cellent Sovereign, reigning in the hearts of his people,
of the verdict for 5001. which he obtained until, in some moment of wayward caprice or fickle-
against Mr. Alderman Harmer as proprietor of the ness, his subjects, like the frogs in the fable, thought
Weekly Dispatch, and he has made some observ- it right to dispense with his ruling over them. It may
ations about it. He has told you that an application be, on the other hand, that the Duke of Brunswick was
was made to the Court of Queen's Bench for a new trial, a cruel and tyrannical Sovereign, outraging and
and the Court granted the new trial. Ilis Highness the insulting day by day the feelings of his subjects
Duke of Brunswick observed that he attributed the sue- " gagging" the press, and rousing the indignation of the
cess of that motion to th© perjured testimony of the people by repeated acts of tyranny, until they rose in
officials and clerks of Mr. Alderman Harmer. disgust, and, to use the strong expression of an eloquent
The Duke of Brasswion--I do not think I raid that. advocate, broke their chains on the head of the op-
Sir F. THESICER—You will find it in your book.— pressor.
(Laughter.) Now, gentlemen, supposing his Highness The Duke of BRUNSWICK—You ought to have pleaded
the Do ke of Brunswick is right in suing that there justification.
was a motion made for a now trial, and that the Court Sir F. THESIGER continued—lt may be that there is
granted the new trial, why is it, that in framing this de- a counterfeit present of two brothers, and that we may
duration for bringing forward the complaint of his look on that picture and on this.—(Laughter,) Now, I
Highness the Duke of Brunswick, this most impor- have a right as a public journalist, to look on the dark
taut part of the article is entirely omitted. side of the picture. I may be wrong, I own it, but I will
'• For apart from the circumstance of the striking differ- put it that the Duke may not be the indulgent sovereign
etice of tone assumed by those publications, it must he who was removed by the caprice and tyranny of his
borne in mind that the principal charge wade by the subjects, but that he was a malignant, cruel, oppressive
ex•Dulte of Brunswick in the present instance had re- tyrannical prince, who was heaved from off his kingdom
fererci to an article contained in the Weekly Dispatch by the uprising of his indignant subjects. But I have a
so far back as the September of 1830. After a lapse of right to take my view of the conduct of the Duke of
no Ices than 19 years that article is produced in a court Brunswick in respect of that revolution which hurled
of justice as sufficiently libellous to enable the plaintiff him from his throne; and, to be sure, you may just as
to obtain compensation. As to the obstacle presented well confine the records that we receive of what is pas-
against such a decision by the Statute of Limitations, it sing in the world to the fashionable intelligence,
will be observed that that was peremptorily overcome of dinner parties which public persons give, or to the
bythe evidence given by a witness named Casimir Reinhold walks that they take, than to attempt to fetter the press
who swore distinctly to having purchased in the March of by preventing their free and strong observations on the
1848, a copy of the paper printed in the September of conduct of public men, according to the view which they
1830, thereby asserting the fact of a recent re-publics- think they are entitled to take in the fair exercise of
tion. It will scarcely cause any astonishment to learn their judgment. Now, just let us see is there anything
that measures will be adopted by the defendant for the which is not directed entirely and carefully to the
purpose of setting aside the verdict when it is known public character of the Duke of Brunswick, and I say
that not only can the circumstances of a re-publication that you can find nothing which assails his private cha-
in 1848 be disproved, but conclusive testimony can racter, the whole Merely being directed against his public
be afforded that one of the most important witnesses on position and the circumstances accompanied by the loss
behalf of the plaintiff, on a former occasion, tendered of his throne. It is very deeply to be regretted that any
his services to the defendant as one ready to verdict should have been pronounced against Mr.
appear in court against the Duke cf Brunswick for Harmer for an article of this description, even though it
a consideration. When these things have been ex- is for the trifling damage of one shilling, because
posed, there cannot remain a moment's doubt I say it does violate the liberty of the public
as to the ulterior decision of the judicial anthorities." press, if they are not at liberty to publish
The Duke of BRUNSWICK—I.said nothing about the strictures on public men quite as strong as those con-
thing. tained in this article. Now, just let me, if you please,
Mr. Justice ERLE—I think I understood you to do so. call your attention to the particular parts of this alleged
The Duke of BRUNSWICK—I don't think I did, my libel. I regret being compelled to trespass so much on
Lord. your time, but this is really a most important
Mr. Justice ERlE—About the clerks being perjured, question, and I shall endeavour to discharge my
I don't remember anything, but there was a statement duty as shortly as I can. After alluding to the
of a new trial being applied for and granted. verdict in the action against the Weekly Dispatch,
The Duke of BRUNSWICK—I did not say it was article says:—" Long and deservedly has this coun-
granted, my Lord. try boasted of its capacity for affording shelter to the
Mr. Justice ERLE—What you said conveyed that im- refugees from all the other dominions of the habitable
pression to my mind. globe. Long has the nation prided itself upon that
Sir F. THESIGER—These are the expressions—"Har- social security - and that constitutional freedom which
mer's servants at the Dispatch-office, although they sold have rendered England the haven of those unfortunate
the papers, they swore that they had not." That was persons who are expatriated either through the un-
taken down word for word. grateful fickleness of some continental race, or through
The Duke of BRuNswlcle—That.may be true, but I did the vengeance of a whole people, rising to vindicate
not say so. their outraged nationality by punishing with one
Mr. Justice ERLE—I can't pretend to have any certain sudden and awful blow a protracted reign of enormities."
memory of what has passed, but certainly the new trial Now that is a digression which applies generally to all
was alluded to. political refugees, under whatever circumstances they
Sir F. THESIGER—And that it was obtained by the may be driven out of their own country to England.
perjury of some of those in Mr. Harmer's office. " Between those very opposite classes of fugitives Eng-
The Duke of BRUNSWICK—I solemnly protest against land draws no distinction whatever in so far as the cir-
cumstances I did not say so. curnstances of affording them alike a place of repose is
A Juror—What was said was this—" They may have concerned. The objects of execration find themselves as
sworn not to lose their situations." freely admitted to participate in the advantages afforded
Sir F. THESIGER.—Those are the very words. by our institutions as the men entitled to general sym-
Mr. Justice ERLE.—I think the commentary of the pathy and reverence." Now, does anybody mean to
Learned Counsel for the defence was perfectly justifiable, contend there are not political objects of execration,
because the expression used by the plaintiff, that the persons who, holding high stations, have more extended
servants at the Dispatch office had sworn in a particular moral responsibilities, and who are the greater
way, in order not to lose their situations, was pregnant criminals, the greater and higher the duties
of meaning. The expression is short in words, but full are which they have to perform, when they
of meaning—" Swore not to lose their situations." Of neglect them ? Is it to be said there is not
course, then, they swore that which was not true. to be found in England a haven for persons of that de-
Sir F. THESIGER—NOt only was the passage omitted, scription, who are the objects—the political objects—of
but to show how carefully everything relating to this up- execration; is it to be said that if some of those persons
plication for a new trial has been excluded from the de- whose names are perfectly familiar to you, and which
claration, there are those three lines omitted towards the are mentioned in this very article, had brought an action
close of the article:—" Especially seeing that the verdict founded on the expressions contained in the alleged
is one obtained through evidence so rotten and article, article, alleging that they were among the per-
fraudulent as to promise its ultimate reversal." sons alluded to, can it be supposed they could have rested
The statute of limitations was pleaded to the libels pub- on those expressions and entitled themselves to damages
lished on the 30th September, 1830. Now if tbis per- at the hands of, a jury? It would be perfectly mon-
tion of the article which I have read to you had been in- strous to suppose anything of the kind. The alleged
troduced into the declaration upon this occasion, it libel then goes on to say—" Whether it be with a view
would have been competent for the defendant (Mr. to assuage the griefs of the latter by commiseration, or
Young) to have pleaded that it was perfectly true that to facilitate the expiation of the guilt of the
Casimir Reinhold did mean that he had purchased a former by affording them an opportunity of repent-
copy of the newspaper in the year 1848, and that this ance, certain it is that Great Britain is accessible at all
circumstance of the republication of the libel had been times to the political victim and the political criminal,
disposed of; that he did tender his services to the de- irrespective of all creeds, of all countries, of all colours,
fondant as being ready to appear in court against his of all policies, of all antipathies, and of all pre-
Highness the Duke of Brunswick for a considera. dilections." Whether the writer
has not extended the
Lion. Well now, gentlemen, just suppose that we had arms of England rather too widely may be a question
been put in that position, which I think in fairness which you will hereafter have to decide;—" Red Repub-
it ought to have been put upon the record, we should beans, and Conservatives, and Aristocrats, each find in
have had an opportunity of pleading and of proving the England refuge from the pursuit of difficulties. Prince
truth of that plea, and I think that even if his Highness Metternich and M. Louis Blanc, the Count de Neuilly
the Duke of Brunswick was entitled to damages in re- and M. Marc Caussidiere, Signor Mazzini and the Prince
sped to the other part of the article, any jury who of Prussia, Don Miguel and General Pepe, the Conde
exercised a judgment upon the subject would not regret de Montemolin and General Espartero, Prince Louis
the necessity of being compelled to find a verdict in his Napoleon and M. Guiaot, nodg on amultitude of
continent
ethers,
favour, and would not consider the sme_lle4t coin they have, from time to time, hu over from the
might be compelled to give him quite sufficient to satisfy during those moments of peril when tho shelter of the
him for the alleged libel. By excluding artfully, de- United Kingdom presented to the wearied and the panic-
liberately, and carefully this portion of the ar- stricken an irresistible fascination. And one and all
title from the consideration of the jury, and depriving have been admitted with the same cordial and indiscri-
the defendant of the means of justification which he would minate frankness within the guardian bulwarks of our
have been entitled to use, had it been fairly and properly renowned and matchless constitution. It was left
set out; I suppose his Highness the Duke of Bruns- for the ex• Duke of Brunswick to attach an additional
wick and his attorney (who is at his ear) thought that notoriety to a name already sufficiently notorious."
by means of this omission justice would be defeated, and How notorious? Notorious by his having been the
a very considerable verdict would be obtained in respect subject of a revolution, which revolution, according to
of the other part of the article to which lam calling the view of a journalist, was produced by his own inces-
your attention. Now, gentlemen, just let us come to the sant tyranny, and by the disgust which he occasioned to
article itself, and to the considerations which fairly arise his subjects.
out of that article; and here I must confess that lam The Duke of BRUNSWICK—You ought to justify that
not at all disposed to accept as a rule his Highness the assertion.
Duke of Brunswick's definition of the liberty of Sir F. THESIGER—The article continues, "by being
the press. He says the liberty of the press the first to repay this national generosity by a petty
consists in their being allowed to publish what they action against a journalist—an example which, among
like, but that they must be punished for it. Well, now kindred refugees, may prove so far contagious as to be
it seems to me, gentlemen, that that is liberty of a very inaugurative of a system of continual annoyance and
extraordinary character; it appears to .me to be very extortion." Why, it is perfectly clear that what the
much like the liberty which a man has to commit felony journalist means is that a verdict of 500/., with respect
or any other crime. He is quite at liberty to do so, but to a publication like this, may induce other refugees to
then the consequence which will undoubtedly follow is risk the same means of obtaining damages for injury to
that he will be punished for it if he does, But, gentle • their reputation, contained in articles published perhaps
men, that is not the liberty the press which we find re- twenty years ago, when they, were in another country,
cognised here. We have always considered, and no when they were moving in a different sphere, and when
doubt you are of the same opinion, that there is certain probably they were discharging political duties f very
ground which is public property, which belongs to the great importance. " The result, by way, i snot at
public at large, over which the public journalist: may all improbable, seeing that the verdict given on Tuesday
range at his pleasure—that he may form what notion he will act as a lure to those who, besides finding in such
pleases of public events and public character, and he actions a means of gratifying their own evil and more
may express himself in the strongest and most unn3ea- ignoble passions, may perceive in them a method of re-
sured terms upon this subject. True, if he invades the plenishing their attenuated purses, and of generally im-
privacy of domestic life; true, if he assails private cha- proving their dilapidated.fortunes." That certainly does
meter, he is properly amenable to justice, and whatever not apply to the Duke of Brunswick, after the statement he
position I may fill, whether. as the advocate for or the has made to-day, and it can only have reference to those
counsel against him, I will invariably admit the right to other persons who are alluded to in the article. "By
damages in the fullest possible manner if any private elan- such a proceeding battening upon the very race to whom
der finds its way into the columns of public they should have regarded themselves as bound by the
journals; and unless they can justify the bonds of eternal gratitude!" Now, gentlemen, we come
slander by showing that it is true, they ought to be to the passage on which the Duke of Brunswick has
thought proper to place his veto, and which he distinctly
called to account for it and made to answer, and I hope
will be made to answer for it with the fullest measure of says is the particular part of the libel of which he
justice. But, gentlemen, if confining itself to its own complains. " All turns on this," he says, "on this you
are to form your judgments, and I am content to leave
legitimate and undoubted province of referring merely to
public events and public characters, a journal should take my case on this ground alone." Now, if I do not
even an erroneous view of the conduct of public men, satisfy you that what the Duke alleges to
and express that in the most unmeasured language most be a libel upon him, is not a libel on his pri-
undouetedly my notions of the liberty of the press in vate character, but only assails him as a political person,
this county are entirely misapprehended if any jour- why then I will consent to abandon to your mercy the
y
midst can be made liable in a court of justice for any- defendant, with whose interest lam on the present
thing he published in that way, however powerful or occasion identified, and allow you to give such damages
strong the language may be, if it is only directed to such against hi as a petherson i
an n the position n of the plaintiff
circumstances and such characters. Now, then, gentle- ought to receive at hds f when his cha-
men, bearing that rule in view, let us turn for a moment racter is so assailed. But let us come to the passage in
to the article of which his Highness the Duke of question:—" In such a case as that of the ex-Duke of
Brunswick complains, and apart from all the tortured Brunswick, the veracity of the old axiom—bile greater
construction and meaning which he has endeavoured to the truth the greater the libel—becomes more than ever and
fix upon particular expressions, I will defy any dis- most painfully perceptible." Upon that the Duke treats,
passionate mind to come to any other conclusion than and on that does he pin his comments, but by what is
that this article, from the beginning to the end, with the that paragraph followed up?—" Since the first instant
exception of the point which relate s to the previous of his expulsion from the dominions of his ancestors, the
action against the Weekly Dispatch, to which I shall public mind of England has not hesitated as to the ca-
advert presently, is directed against his Highness the lender upon which should be inscribed the name of this
Duke of Brunswick as a public man, and to his public personage—whether among the political victims or
acts, and to the opinion and judgment which his con- among the political criminals." Now, what a diseased
temporaries have formed and which posterity will form mind, and what a morbid imagination a person must have
with respect to his public character in connexion with who, seeing an article of this kind, and resting on this
these events. Now, as to the action itself, to be sure under paragraph as the part in which, he alleges, the
the circumstances which we have already heard, it was sting of the libel is to be found, should have
rather startling to the public to be informed that a made those observations, which I shuddered to
libel which appeared in a newspaper some nineteen or hear, with respect to the supposed dark insinuations
twenty years before the am ion was brought, a party as to his private character. Now, is it not quite evident
could be rendered liable for damages to the extent of that the whole of the passage refers to the opinions
5001, and this surprise and astonishment at such a which were entertained of the Duke of Brunswick
connexion with
verdict breaks out at once in this article, and justly so, regard to his political in
for it was alarming undoubtedly to everybody connected with the revolution which terminated in his being
with newspapers, it it could be supposed that he was deprived of the throne of his ancestors ?
to be made liable at a distant period for the sins Why, gentlemen, if we are to deal with the subjects of
of his predecessors. Even putting this in the history, take the case of any deposed monarch. Just
most favourable way it can be imagined, that compare, for instance, the account Clarendon gives of
a person bad gone to the office in 1848, and from Charles the First with that written by Mr. Macaulay in
some old file of newspapers procured ono of his new production, and I think you will find expressions
urchasing it in the shop, and then al- used in the latter history quite as strong
the year 1830, p
leging it to be is recent publication. It was a libel at with regard to Charles the First as any
the time, and is an account of an Insurrection in Bruns- used in reference to the Duke of Brunswick.
wick, which led to the expulsion of the Duke of Bruns- The only difference between Charles the First and the
wick in the year 1830 ; and a journalist might Duke of Brunswick that I can see is this—l cannot
have been at the time of the original publi.' say the latter has lost his head, though he:has acted to-
cation of that article an infant, or certainly not day as his own counsel in this case.—(Laughter.) "Be-
in the slightest degree connected with the new: paper. sides, in speaking of the Duke of Brunswick as the Duke
That is a very different thing to a recent publication, of Brunswick, the journalist is as much entitled to deal
because in a recent publication Sou of course assume honestly and candidly with his character (as affecting
that the libel is being scattered all over the country, the aceuraty of his deductions) as he has to deal with
working its effects at the time; and which is very dif- the character of any other man similarly situated.
ferent from one published so long ago as nineteen or We would undertake to aver with confidence that accu-
t wenty years, and now lying on dusty shelves,which would sations as bitter and damning to his personal character
never have been published except for the party himself base been written, and printed, and published
sending to the newspaper-office for it. Well, now this regarding Don Miguel. and yet be it said to the
certainly was alarming and startling to the editors and honour of that royal personage, he has never de-
proprietors of all newspapers, and therefore they began graded himself so far as to come into a eourt of justice
by alluding to that verdict, and to the extraordinary da- with actions for libel, seeking money as a salve to a
twheerme
taewhzdecl:l
iunnd_erteitnahoss! circumstances, damaged and decomposing reputation. ' Now the Duke
Met9:.Pg'reeltßhgwienhgie which
verdict end, with, eespect of BeuidsWiek harps a great deal on the words used at
en writs which , the end of the "wilified reputation," but they
arnyet to undereiandu journalist is riot-at' liberty to use, are not half so strop as the expressions " damning
..„ g
. .
and more especially not •• to . use them la .this.c,ase with and 4comPosing:reputation;" AS' applied to Don Miguel,:
respect to the alleged sale et the :newspaper to Caoimix and yet-no 0110 ever imagined that that .personage woo
•, • • ,

THE STN, LONDON, SATURDAY EVENING,

charged with any private vices, and was entitled to sue
the printer in a court of justice for damages; and, look-
ing at the whole spirit of the article, and comparing
passage with passege, as against the character of
the Duke of Brunswick, I find that he bad
perverted the meaning of it by resting on
particular passages, and torturing them in to
insinuations which I at once disdain, and I should
be ashamed to defend a newspaper which either
directly or indirectly made such insinuations.
Well, Don Miguel never degraded himself by coming
into a court of justice to complain of the strong articles,
which, you will recollect, were frequntly introduced into
the newspapers, reflecting severely on his character
and conduct. We now come to another subject for
consideration. " Since the revolution of February,
the press of England, as a whole, has in no degree at-
tempted to slur over the heinous guilt of the exile of
Claremont." Now, we have nothing to do with that
illustrious
.person, we have nothing whatever to do
with the (pinions which were entertained with
regard to his conduct, and which led to the
unfortunate revolution that hurled him from his throne.
I think myself it is generous to spare those who were
driven in exile to seek a refuge here, bat nobody
ever attributed to that illustrious individual any
vices of a private character to which . the terms
" heinous guilt" could be applied; and he might
just as well have come into a court of justice
as the Duke of' Brunswick to complain that, under those
expressions, were hidden insinuations with regard to
some dark and mysterious vices of which, it was at-
tempted to be said, ho was guilty. Now, gen-
tlemen, here are two persons who are repre-
sented in strong contrast with the Duke of
Brunswick with respect to their conduct, in
an article published at the same time, and very
strongly expressed. But how published, and in what
character? Why, against them as public men entirely;
and therefore the contrast would be absurd. There
would be no possible comparison between the two if the ,
paper meant to represent that they had not brought ac-
tions for the publication of libels; and therefore that the
Duke of Brunswick ought not to have brought an action
for a similar complaint. The expression of the old poet
holds good here—
"A just comparison still is
Of things unjust and generous;"
and it means nothing, saying the " heinous guilt" of the
exile of Claremont, the " damaged and decomposed
reputation" of Don Miguel, and the " vilified reputa-
tion" of the Duke of Brunswick, unless it is that both
of them as public characters have been assailed in
that capacity and relation only, and in no
other way can you make this article intelligible.
Now, gentlemen, I address myself almost with disgust
to the latter part of the article, because the Duke of
Brunswick endeavoured to excite a strong feeling and
prejudice in your minds—a feeling and prejudice which
I admit would be properly and justly excited supposing
there was any foundation whatever for the suggestion
made by the Duke of Brunswick; and he has
endeavoured to torture and twist this into a direct in-
sinuation of his having been guilty of those crimes on
which he has laid such stress. But what is " natural
and sinister obscurity," saying nothing of the epithets in
the article, ,though I must confess there is a certain
style of writing which is thought very fine.
A Learned Friend at the bar was generally
only content with about six, and he was represented as
having driven a substantive of six, but this alleged libel
only drives a substantive and pair, his expressions being
" damaged and decomposed reputation," and " natural
and sinister obscurity." The Duke of Brunswick was
hurled from his throne, as it was supposed, deservedly,
and he still affects and styles himself to be the reign-
ing Sovereign of Brunswick. Now that is certainly
not a position which becomes the Duke of Brunswick
under the circumstances; it is not his natural position
in society. His position in society is that of a monarch
driven from his throne, and who has taken refuse in
this country, and that is the obscurity to which the edi-
tor of the newspaper alludes; and I must confess I
think it would be infinitely better if his Highness the
ex-Duke of Brunswick would confine himself to the ob-
scurity of his own domestic life, for he has ceased to be
a sovereign and is a subject of this country—it
would be infinitely better if he would confine
himself to that particularly contracted circle,
instead of coming into a court of justice
time after time, not choosing to resort to the assistance
of those who are accustomed to courts of justice, but
either indulging in some petty vanity or gratifying some
malicious feeling, in order to make a court of jus-
tice a vehicle for venting every description
of slander against the absent and dead which
he thinks proper to bring together for the purpose
of gratifying his own vindictive feelings. Gentlemen,
I do trust you will not take an erroneous view of this
article, and in order that you should not do so, I have
endeavoured to discharge my duty by carrying you,
step by step, over every passage of it; not
like the Duke of Brunswick, putting an unfair
and improper construction on the article, by selecting
insulated passages, and even in some instances single
expressions. With regard to the observation which the
Duke of Brunswick has most irrelevantly introduced, I
took the liberty of making a remark in the course of the
inquiry, that irrelevant observations were not always
harmless. The Duke of Brunswick was allowed to allude
to the recent event connected with the visit of General
Haynau to this country. Now, all I say on the subject
is, that if it was not competent to public journalists—
and I believe all expressed themselves in strong
terms of reprobation of the conduct of the Ge-
neral—that if it was not competent to them
to so express themselves, the liberty of the press
must be considered at an end; but the violent acts of
those persons who might have been stimulated by the
knowledge which they acquired through the columns of
the newspapers of the conduct of those gentlemen,lare not
to be ascribed to the newspapers themselves. Gentle-
men, if I can establish to your satisfaction that
this article reflects solely on the political character of the
Duke of Brunswick, I shall then, most unquestionably,
feel that I am entitled to demand from you, under his
Lordship's direction, a verdict for the defendant. On
the other hand, if his Lordship should be of opinion that
it is libellous to that extent as to give you cognizance
of it, to enable you to take it into your consideration
to estimate and value it, why, then I trust you will not
forget that his Highness the ex- Duke of Brunswick has
already received from the hands of a former jury in
respect of this identical article full reparation in damages,
because whatever the Duke of Brunswick may think as
to the amount of that verdict, you cannot believe that
a jury on their oaths would not endeavour to do justice
between the parties. Mr. JusticeErle is of opinion that
the result of another trial ought not to be a guide to this
jury, observing that though it may be the ground of an ap-
plication in another place, the verdict must not weigh
with you in deciding on your verdict on the present occa-
sion. Therefore, I bow immediately to the sugges-
tion of his Lordship ; but I do trust, seeing the
position in which the defendant is placed, that you will
carefully judge of the whole of this article, and, viewing
it by the light which is reflected by passage on passage,
see whether it does refer to anything else but the public
character of the Duke of Brunswick; and if only on his
public character, then I consider I am entitled to say
you ought to pronounce your verdict in favour of the
defendant.

Mr. Justice MILE then proceeded to sum up the
oai
case to the jury. He
fB said
Brunswick this was
against na
snt
tahcet i
de-
fendant, complaining of a libel on his character; and he
(Mr. Justice Erle) might state to them that the general
' presentby his
Highness the Duke
rule of law in respect to libels was that any publication
intended to expose another to hatred, or contempt, or
ridicale was a libellous publication, and, if such, would
render the author of it liable to damages, such damages
as in the opinion of the jury would compensate the party
injured, unless that publication was brought within some
of those exceptions which limited the general proposi-
tion. He said, generally, that which tended to expose
a man to hatred, contempt, or ridicule was libellous;
generally that was the rule, but it was subject to several
limitations, and, among those limitations, was the one
which had been adverted to by the Learned Counsel for
the defendant, and was the one to which the attention of
the jury was to be directed. By our law full and
free comment on the public characters of those who
held public situations was permitted, if, in the opi-
nion of a jury, the party making those com-
ments believed them to be well founded, and made
them in the spirit of fairness, and was not actuated by
private malice. With that limitation to the exercise o
the freedom of the press—that which gave a wholesome
public opinion—there was a protection for comments
that were made in that spirit ; but then the party who
claimed that protection must satisfy the jury that he
was not actuated by private malice in making and pub-
lishing statements respecting another, being the gratifi-
cation of any similar feeling; and that the general
rule of law applicable to this matter, he said that the
comments that were permitted were full and free. They
might vex and expose a man to ridicule and contempt,
but, if made in the spirit be had mentioned, they were
protected, and the party making them was entitled to a
verdict at the bands of the jury. But the Learned
Counsel for the defendant had asked whether he (Mr.
Justice Erle) would lay that down as a matter of law,
whether the party who bad made comments of that na-
ture was to be taken out of the protection of the law
by the-decision of the jury? He (Mr. Justice Erle) was
not of that opinion, because the proposition, such as
he had laid it down, must always be guarded by
the intervention of a jury; and the jury
should say whether the party who claimed that
protection had been actuated by a spirit of fairness, or
by private malice. That being so, the nature of the
libel had been carefully brought within the attention of
the jury, and he (Mr. Justice Erle) had said earlier in
the day, that be thought it highly requisite, as a matter
of justice towards the present defendant, that they should
exclude from their attention, at present, the language
that had been read to them from the Weekly Dispatch
of Sept., 1830, and several years subsequently to that
time, unless they should be of opinion that that lan-
guage was adopted and in a manner repeated by the pre-
sent defendant. Besides, the jury would observe that
the libel now complained of arose out of an action
against the proprietor of the Weekly Dispatch, for a
libel published so long ago as 1830, and unless that had
been adopted or repeated by the present defendant, that
libel was a matter for which the defendant was not an-
swerable. And in respect to the comments made by the
editor of the Dispatch, which had been read by the plain-
tiff, he (Mr. Justice Erle) should observe that those
comments appeared to him to relate mainly to the pub-
lic conduct of a person holding a high political office—
they related mainly to the revolution that had taken
place in the state of Brunswick, and they
stated that which had been reported to the
editor of that paper, for perhaps it might not
be right to say they stated what had been invented
by the editor; it was stated as a matter of public report,
and although fhey.contained a charge affecang painfully
the character of the reigning Sovereign of two state,

DECEMBER 7, 1850.

rity," was ;it,t printed in larger type than the rest, as
hail been stated by the Duke of Brunswick.
His LORDSHIP thanked the Foreman for making that
discovery, which the defective light had renducd him
unable to perceive for himself'.
The jury, having expressed a wish to retire, they were
permitted to do so, and, being absent for about twenty
minutes, returned into
,court with a VERDICT FOR TUE
DEFENDANT.
The announcement calk d forth audible expressions of
applause in the court, which was crowded to excess
throughout the day.
The trial lasted upwards of five hours.

pleased to grant to his Catholic children in England—it
shocal undoubtedly be a thy of rejoicing and thanksgiv-
ing; no because any one given individual has heed raised
to dignity, or distinguished by honours which none is more
conscious than himself how little he deserves, but be-
cause God has again restored here to us a chair, a seat,
in which Catholic doctrine, such as recognised by the
whole Catholic Church, is taught; and though through
the Divine mercy that chair of Catholic tradition which
formerly had a link added to it by each successive pre-
late in every see in this country had not been altogether
broken among us—though in the humbler ministrations
of the pastors of God's dispersed flock unity of faith
and ot discipline had been inviolably preserved—
though during that interval of 300 years the commu-
nion of Catholies in this country with their supreme
head and with the bishops of the Church has been in-
terrupted, yet surely we must feel that it is a con-
solation to us and a privilege to be again put on the same
footing on which the churches of our Catholic neigh-
bours are—a position in which the bishop acts, not
merely by a simple delegated authority, but himself
holds a see in which he is directly authorised to teach.
Then, what consequences flow from this? As far as I
am concerndd, I feel that I have this day taken upon
myself a solemn engagement before the altar of God—
cli engagement, not which careadd strength to my pre-
vious convictions, but which may add more solemnity to
them in the face of the Church—an engagement not to
sacrifice or to compromise any the smnllest tittle of the
fizitle the glorious faith, el the Universal Catholic Church;
but, as I have received it, so to hand it down to him
whom it may please Almighty God to appoint as my
successor, so as to be able to say, " I have preserved the
faith"—that it has not been allowed to be weakened or
perverted during the time that it has been in my keeping
—that I have not withdrawn from you anything com-
mitted to my charge, anything that is useful or profitable
towards your eternal salvation; but endeavour, however
imperfectly, still with all zeal, to keep together the sheep
of God's pasture, and to exert myself to the very utmost,
by every legitimate and holy means in my power, to
propagate that faith, to extend the tabernacles of God's
true abode, and to increase the sheepfold of the Son of
God, that it may take in many who, though not of this
fold, do wish to join the communion of his own true
Catholic Church. Then on your side, dearly beloved
brethren, you hereby enter into a compact with me not
to listen to evil doctrines—not that I accuse you, for of
your docility and teachableness I, surely, have no cause
to complain. But that you will aid and support me
by your prayers, by yoar supplications day by day, to
the Throne of Mercy, that God will bless, will confirm,
will maintain the work that He has begun, and that the
faith may not be shaken by any efforts of men, and that
it may not be weakened by any individual imperfection
of the individual chosen; but that, protected by the right
hand of God, it may go on brightly and calmly, in meek
and patient bearing ; but still, in gradual and certain
progression, even to the end. Pray to Almighty God,
especially, that he may preserve in our hearts a deter-
mination to be true to the doctrines and precepts of our
Holy Church, not by words only, but far more by ex-
ample, to conserve and maintain that precept of our re-
ligion which teaches us to be submissive, and docile, and
obedient, and affectionately attached and loyal to those
powers which God, in his goodness and wisdom, has
placed over us—that your religion makes you
worthy and active members of everything that is
good in society, attached to all that is sound and
good in every part of the constitution of your coun-
try; that it makes you friendly, kind, and charit-
able to your fellow-men, without distinction of creed
or politics; and that it makes you able to bear with
misunderstanding and misrepresentation, and so weaned
as to wait till God's appointed time. You, when op-
pressed or persecuted, show that your religion makes
you good and virtuous. You, members of every family
with which you are connected in your own or more strict
communion, show charity to all—show them that your
religion calls on you to be not only good men and honest,
but serious, devout, holy ; and to give an example of
every good gift, however difficult it may appear in the
eyes of men. That is the resolution, dearly beloved
brethren, which I implore you to make this day; and,
with God's blessing on his flock, we may hope that
from this day forward there will be a new race run in
faith and in truth, in justice and in charity—a race in
which the goal may be won by us all; and, recollecting
this duty, and the solemnity imposed upon us, we may
assure ourselves that God will give us our reward in the
enjoyment of being hereafter around him in happiness
and in the inexhaustible blessing of glory.
His Eminence then pronounced a benediction on the
congregation; after which he descended from the pulpit,
and, attended by the officiating priests, resumed his posi-
tion on the throne erected on the right of the altar.
The mass having been celebrated, his Eminence pro-
ceeded to the sacristy, where he addressed the assembled
clergymen: ho exhorted them to be diligent in the dis-
charge of their spiritual duties; and impressed upon
them the propriety of bearing with patience all trials,
however severe, but more particularly at this important
period, when men's passions got the better of their rea-
son, and so led them into unchristian feeling against the
Catholic body.
His Eminence then dined with twenty of the principal
clergy, the largest number the refectory was capable of
accommodating, and subsequently gave a grand seine at
the episcopal residence in Golden-square.
It remains to be added that the strictest order and de-
corum prevailed throughout.

"ENTHRONIZATION"ofCARDINAL

WISEMAN.
The ceremonial, prescribed by the Roman Catholic
Church for the induction of an Archbishop to his see,
was performed at the church of St. George's, Southwark,
yesterday, with a rather uncommon solemnity, that day
being the feast of St. Nicholas, the patron saint of
his Eminence the Cardinal Archbishop. Consider-
ing the great excitement which prevails on the subject
of Cardinal Wiseman's installation, it might have
been expected that some indications of that excitement
would have been presented to our view as we approached
the scene of the ceremonial. But the reverie was the
fact. The precincts of the building wore the usual aspect
of Sabbath tranquillity, and the exterior calm was re-
flected by the most stilly and decorous silence inside
doors. _ _

The sombre character of St. George's derived addi-
tional dimness from one of the foggiest mornings of the
winter season. Nor was the artificial lustre, that gorgeous
accessory to the service of the Roman Catholic Church,
much resorted to in aid of the feeble light which glim-
mered through the Gothic windows of St. George's.
For half an hour after we occupied our seat nothing
preparatory was observable ; the organ was hushed
and the choir silent; but about half-past eleven the pre-
parations were observable in every part of the edifice.
An acolyte came in this direction with a thurifer.
Another carried a crucifix to the spot where the
procession was to form. A chalice was trans-
ferred from one altar to another by a third. At
length the order for forming the procession was
given by the tolling of a bell, and the at-
tendant clergy of the new " archdiocese" formed into
regular order at a summons. The Cardinal himself,
robed in scarlet and white, and wearing a small
scarlet cap, proceeded from she sacristy, his flowing
train borne by two train bearers. After a brief
pause—during which the Cardinal Archbishop was being
robed in the alb, the stole, the anna, and the girdle, and
afterwards solemnly invested with the insignia of his
archiepiscopal dignity (all of which ceremonies took
place in the open air, outside St. George's Cathedral)
—the choir commenced chaunting the Hallelujah
chorus, from Beethoven's " Mount of Olives," and
presently the procession was observed to move up the
nave in the direction of the central altar. Fore-
most was borne the cross, with lighted candles on
either side. Then came the Roman Catholic clergy
subject to the new Archdiocesan's jusisdiction two
by two, habited according to their respective
ranks and orders. The peculiarity of the Oratorian
costume was striking. At length the Cardinal him-
self appeared, wearing a gorgeous mitre and pallium.
A graceful canopy, fringed with silk and gold, was
borne over his path by, as we were informed,
the " converts " exclusively. There were at least two
hundred between the secular clergy and the various
religious orders in the procession. Lastly came the
Very Rev. Dr. Doyle, robed in the usual sacrificial
vestments, preceded by the Very Rev. Dr. Cox, the
Rev. Mr. Cotter, and the Rev. Mr. Daniel, as masters
of the ceremony, deacon, and sub-deacon. Having
reached the screen, which fronts the sanctuary,
the Cardinal was led into a small compart-
ment at the left of the principal altar, called
the Chapel of the Blessed Eucharist, whence, after
a brief interval, the procession moved within
the sanctuary, Cardinal Wiseman kneeling at
the foot of the altar, and the celebrant clergyman as-
cending its' steps—assisted by the deacon and cub-
deacon. The customary form of prayer having
been read, the mitre, which bad been exchanged
for a scarlet cap a short time before, was for-
mally placed upon the head of the new Archbishop,
whilst the crosier, emblematic of his authority,
was also placed in his hands. He was then conducted
to the archiepiscopal chair, at the foot of which the
whole body of the clergy made the usual obeisance—
kissing the Cardinal's ring in recognition of his
spiritual authority. The solemnities of High
Mass were then proceeded with ; after which
the bull was publicly read, in virtue of which Car-
dinal Wiseman assumes the archiepiscopal jurisdic-
tion of Westminster. The proceedings closed with the
presentation of an address to the new " Archbishop "
and an exhortation, in which ho impressed upon his
clergy the duties and obligations incidental to their im-
portant mission. The mass was Ilayde'e, and per-
formed by the choir in the most impressive style.
After the intonation of the Gospel was concluded, the
Cardinal then ascended the pulpit, the mitre on his head
and the crozier in his hand; the train was held by the
Rsv. F. Searle and the Rev. G. Wenham, the deacons,
who remained by his side in the pulpit.
His Eminence addressed the audience nearly as fol-
lows:—In the name of the Father, the Son, and the
Holy Ghost. It is not necessary, my dearly beloved
brethren, that I should detain you long in explaining
the meaning and the purpose of that sacred ceremony
of which you have this day been a witness. It is one
so natural, so obvious, that it may be said not to be,
strictly speaking, of an ecclesiastical character. It is
only employed in the more solemn forms which the
Church always uses—it is a customary and almost a
spontaneous mode of giving expression and solemnity
to any public appointment. You are aware that in this
city, that in every commonwealth, those who receive any
post requiring the public exercise of functions are not
merely appointed thereto by the word of the Sove-
reign, or of whomsoever has the power of so appoint-
ing, but there is some public ceremony or form gone
through whereby they are said to be installed in
their new office—that is to say, that the public
are thereby made acquainted that from that mo-
ment forward they enter into the actual ex-
ercise of those duties and the enjoyment of those privi-
leges of which they were before fully possessed. For
let it not be understood, dear brethren, that when a
bishop takes possession for the first time of his see, or of
his cathedral, that he becomes by that act invested with
jurisdiction, or authority, or power, or prerogative of
any sort. That must come from a superior source.
That must be bestowed upon him by a competent autho-
rity. This is only a proclaiming to the faithful, to the
clergy and flock, that he has come publicly to discharge
the duties of his office. It has bwen my happiness to-
day, solemnly and in the presence of God's altar, to take
possession of that seat, of dignity indeed, but of heavy
responsibility, in which it has pleased the supreme power
of the Church to place me. I will, therefore, rather
content myself with explaining what more particularly
is the meaning of this function when employed in
the Catholic Church. From its very commencement it
has been usual to associate the idea of the Episcopal
seat, as it is called in the Catholic ritual, with the exer-
cise of episcopal jurisdiction and the discharge of ponti-
fical duties. When we descend into the very catacombs
themselves, we are delighted, though perhaps somewhat
surprised, to find, as has been the case in some of the
most recent discoveries, in front of the altar, and above
the very tombs of marble in one of those solemn chapels
which were made for the public worship of the Chris-
tians in the time of persecution, a marble-fixed throne or
seat facing the people, so that he who presided, seated
there, would instruct the humbler crowds of the perse-
cuted followers of Christ who gathered round him in that
the first abode of sublime Christian truth. And no sooner
had the Christians emerged from those their hiding-
places, and either taken possession of the temples of
the heathens, or had built for themselves those basilicas
which yet remain as a monument of early Chriptian zeal,
than pursuing as far as they could the example of their
predecessors, they placed the episcopal throne at the
very extremity of the church, a fixed, a stable, immo-
vable, well-built up throne, round which the presbyters
sat, and before which the altar stood; so that by the
stability of that seat, and the permanency of the session,
the everlasting unity and sameness of the doctrines that
were there to be taught might be fully and completely
symbolised; and so those seats and sees of the ancient
Bishops of Rome preserved their character. They still
remain in the place in which they were occupied by the
venerated Pontiffs in early ages, and we see even that
the piety of the faithful has since sculptured upon them
the very homilies which they recited to their flocks.
Thus, then, my brethren, came the idea of the Pontifical
chair or seat to be associated with the dis-
charge of the great office of a bishop—that of teaching
sound doctrine to his flock. And that word which at
first signified only that chair in which he sat, came by
degrees to be synonymous with the extent of his juris-
diction. Hence the " see" of a bishop is the same as his
" seat" in our own language, as it is in the Latin and
other foreign languages, in which the throne or chair
of a bishop is expressed by the same words as the see
or diocese over which he has jurisdiction; hence that
word intimates that a bishop's taking possession of his
seat, see, or throne, was the same as to say that he had
taken possession of the entire diocese committed to his
care. And, in fact, my brethren, the connexion between
being seated on the chair and the having authority to teach
is so natural and obvious that our beloved Redeemer him-
self was pleased to make use of it, stud to employ it in a
manner that affords us great instruction; for at the time
that He was reproving the corrupt practices of the
rulers of Israel He was pleased to say to his followers,
" On the chair of Moses the scribes have sat; whatever.;
therefore, they shall tell you to do, that do." In other
words, " By the fact of their being in possession of that
seat of authority which has been held in the synagogue
from the time of Moses, they have acquired a right to
your obedience whenever they impose on you religious
commands;" though, he was obliged to add the caution,
that their works his followers were not to imitate. Then,
the taking possession of the chair implied the taking
charge of that deposit of faith—of those truths—which
each bishop had received from his predecessor, and
which he was bound to hand down unimpaired. Hence,
the foundation of a church, by the constitution of a new
chair, or see, became an object of such veneration
as to lead to the establishment of festivals to
preserve its memory, for the Church yet commemo-
rates the establishment of the two great sees of Antioch
and Rome, both being founded by the same saint, the
Prince of the Apostles; and in the Catholic Church, to
this day the chairs of St. Peter at Antioch and Rome
are to be found in the calendar as days of solemn obser-
vance. We know that every church commemorated by
yearly festival the original establishment of an episcopal
see, and the great St. Augustine tells us that one church
solemnised the establishment of an episcopal see in
another or neighbouring church. Then, my brethren,
when here we have these two combined, when not only
the chair is taken possession of this day in this church,
but the first act of that new ecclesiastical jurisdiction is
solemnly performed, which our holy Father has been

COURT CIRCULAR.
WINDSOR, DEC. 6.
The Queen and his Royal Highness Prince Albert
took their usual early morning walk.
The Royal Family took walking and pony exercise
in the Slopes.
Her Majesty rode out on horseback this forenoon
in Windsor-park, accompanied by his Royal High-
ness Prince Albert.

Colonel Bouverie was in attendance on the Queen
and Prince.

The Rev. Henry Howard (Rector), Lord Foley,
and the Hon. Col. Henry Fitzroy (Churchwardens),
and Mr. T. B. Chappell (Vestry Clerk), had an inter-
view with Sir George Grey yesterday, at the Home-
office, and delivered to the Right Hon. Baronet a
loyal address on the recent Papal aggression, from
the Rector, Churchwardens, Vestrymen, and other
inhabitants of the parish of St. George, Hanover-
square, for presentation to the Queen's Most Excel-
lent Majesty. To the address were attached the sig-
natures of the Rector, the Churchwardens, 80 Vestry-
men, and 21,342 inhabitants of the said parish.
Mr. Thomson! Hankey, jun., had anlinterview with
Earl Grey yesterday, at the Colonial-office.
Mr. Edward Wallerstein, Consul-General for the
Republic of Guatemala, had an interview with Vis-
count Palmerston yesterday, at the Foreign-office.
The Privy Council appointed to be held on Tues-
day, the 10th inst., has been postponed until Thurs-
day, the 12th inst., at Windsor Castle.
The Right Hon. M. T. Baines, President of the
Poor-law Commissioners, had an interview with the
Chancellor of the Exchequer yesterday. Mr. John
Wood, Chairman of the Board of Inland Revenue,
had an interview with the Right Hon. Baronet on
Thursday, at his official residence in Downing-street.

ExFLOSION OF GAS AT THE CHARTERED GAS.
WouKs, HORSEFERBY-ROAD, WESTMDISTER.—This morn-
ing, between one and two o'clock, an alarming explosion took
place at the Chartered Gas-Works, in the Horseferry-road,
Westminster. The cause of the disaster is unknown. The
explosion was terrific, and carried away a portion of the
purifying-house. The engines were promptly on the spot
from the different stations, but it was unnecessary for then
to be used, as the workmen immediately cut off all communi-
cation with the gas-meters, or the damage might have been
exceedingly great.
DEATH OF MR. ROBERT GrILFILLAN.—This gen-
tleman, known to the public as the author of several beau-
tiful songs in the Scotch dialect, and some pieces of poetry
of considerable merit, we regret to say, died suddenly yester-
day forenoon. He appeared to be in his usual health in the
morning, and was in attendance in his office as collector for
the Commissioners of police at Leith, when he fell down in
a fit of apoplexy. Medical aid was immediately procured,
but he never rallied, and was conveyed to his house, in Her-
mitage-place, where ho died. He was possessed of man
amiable qualities, was good-natured even to a fault, and wiDI
be much regretted by a large circle of friends. —Edinburgh
Courant, Thursday.

DEATH OF THE MARCIIIONESS CORNwALLIS.
This noble and venerable lady, whoaa demise we announced
yesterday, at her mansion iu Park-crescent, in her 74th year,
was fourth daughter of Alexander, fourth Duke of Gordon,
and sister to the late Duke, and also to the late Duchess of
Richmond, the present Dowager Duchess of Bedford, and the
late Duchess of Manchester. Her Ladyship married Charles,
second Marquis Cornwallis, 17th April, 1797, who did 9th
August, 1823. Her Ladyship has left issue, five daughters—
namely, the Countess of St. Germans, Lady Braybrooke,
Lady Mary Rosse, and the Ladies Louise and Elizabeth Corn-
wallis.

GLASGOW.—DEATH OF MR. FAWCETT.—We re-
gret to state that this gentleman, who, it will be remembered,
took a leading part in the discussions connected with the
affairs of the Caledonian Railway Company, died oe Tues-
day morning, in the Queen's Hotel, George-square, after an
illness of three weeks. The cause of death was inflamma-
tion of the chest. The deceased, we understand, was in
Glasgow on the business of the Caledonian Company, when
he was overtaken by his last illness. —North British Mail.
FUNERAL OF LADY JOHN HAY.—DEVONPORT,
DEC. s.—The remains of the late lamented Lady John Hay
were taken from the dockyard early this morning, and con-
veyed by the 6.45 train, and will arrive at Leamington this
evening. Commodore Lord John hay went on leave of ab-
sence this morning. His flag will be struck on board the
St. George this evening.
DINNER TO CHARLES COWAN, ESQ., M.P.—Mr.
Cowan, M.P. for the city of Edinburgh, was entertained at
dinner in the Waterloo Hotel, on Wednesday afternoon, by
a large and influential body of the publishers and paper-
makers. of that city and neighbourhood, in order to testify
their sense of his services in Parliament and otherwise, in
forwarding the movement for the repeal of the Excise duty
on paper. There were about fifty gentlemen present. Robert
Chambers, Esq., was in the chair, supported on the right by
Mr. Cowan, and on the left by the Lord Provost. Thomas
J. Boyd, Esq., acted :as croupier. Apologies were received
from various gentlemen, who expressed their entire concur-
rence in the object of the meeting, but from various causal
were unavoidably absent.
ST. PAUL'S CATHEDRAL.—The Prebendal Stall of
Holborn, in this cathedral, has become vacant by the death
of the Rev. H. Hendley Notts, M.A., rector of South
Hackney. It is in the gift of the Bishop of London. The
Rev. W. C. F. Webber, M.A., student of Christ Church, Ox-
ford, and perpetual curate of St. Botolph, Aldersgate, has
been elected to a minor canonry in the cathedral, rendered
vacant by the promotion of the Rev. J. T. Bennett, M.A., to
the office of sub-dean.
ARCHDEACON MANNING. It is understood that
Mr. Manning is preparing for a j ourney to Jerusalem,
ther he will be accompanied by Ir. Dodsworth, and'. other*
—Church and State Gazette.