The Sun.
London, England, 1826-12-04 00:00:00

the truth being elicited through a somewhat more trying,
if not eintrer tource, than a mere manufacturedaffidavit,
in which, as we have already said, the greater the scoun-
drel, the greater probability there is of his swearing any
thing, and thereby obtaining his end. That the Judges
have no reat favour towards the Press is pretty apparent
—that advocates have often quite as little, admits of no
snore doubt—that the Press too, is disgraced by some of
its own body, cannot be denied ; but if ever the hour
arrives when the Press is to be silenced in exposing
wickedness, either in high • 'dams or in low; if the hour
ever comes when vice can triumph in impunity, 'mewed
by its best and most powerful corrector, the world will
have reason to regret that it. has quietly stood by while the
storm swept away the shelter which a little honest zeal on.
the part of the public, in their capacity of Juries in parti;
eulari, would have maintained uninjured, and which would
have protected them from the scenes of vice, of infamy,
and fraud, which the Press has hitherto successfully op-
posed. The struggle, however, has begun—how it will
end a very short time must necessarily make apparent---
Ibid.
,A libel, according to Mr. Holt, " is a malicious defames
Lion expressed either in printing, or by signs, pictures, &e,
tending, either to blacken the memory of one who, is deed,
with intent to provoke the living, or the reputation of one
who is alive; and thereby exposing him to public hatred,
contempt, or ridicule." , " By the law of England," said
• • impunity
to late distingaished.Chief Justice, ,u , there is no
to any person publishing any thing shat is injurious to
the feelings and happiness of an individual." The doc-
trine in the charge of Lord Ellenboroagh, from which
the above quotation is taken, is expounded by Mr.
Bentham in language not differing in substance from
that of Mr. Holt :—" It is a crime for anti man to write
any thing which it happens to any other man not
to like; or more shortly, that if a men publishes what he
writes, under Lord Ellenborougli at least, it is a crime to
write, For what published book was.ever written—and
being written, reads--in which somebody or other has not
found something or other that he did not like?" So much
for Lible, according to the ,Law of England, which is
utterly regardless of the truth or falsehood of what is said,
butt, considers merely its tendency to wound the feelings,
and thereby to provoke to a .breaeh of the peace. That
the law is not dead, but sleepeth—a sort of dog's sleep,
ready to pounce on the unwary—appears pretty evident,
front. a trial in the Court of King's Bench, on Saturday
last, the King against the Publisher and Proprietor of
Sunday Monitor, for a libel against the cele-
brated M. Boehm. The libels. charged this (ifentle-
man with being a convicted felon, a' robber, a forger,
galley-slave, bigamist, &c. It is certainly very ins
jurious to the feelings of any man, to be termed a convicted
felon, a robber, a forger, galley-slave, tk.e.; awl it will
readily be admitted, that the injury to the feelings would
no be one whit diminished, if nothing more were stated
than the truth. We own we have occasionally taken a
little liberty with the reputation of Bill Soames, in the
way of illustration, treating rather to the chance of our
lucubrations escaping his notice, in the multiplicity of his
pursuits, than to any want of disposition in the law to
.extend ire protection to him, or any want of sympathy in
the administrators of the law with gentlemen of his charac-
ter. To say of any man that he is a convicted felon might
not, perhaps, be pleasant; but. to the man actually con-
victed of felony, the accusation would unquestionably be
more unpalateable, than to an innocent man; for an
innocent Man can easily establish his innocence, and if he
happened to be vindictively disposed, he will have the
satisfaction of knowing that the unjust accusation renders
.the accuser. an object of ,detestation, whereas a really
convicted felon has positively nothing to sweeten the cup
.of his affliction. The really guilty, therefore, would be
in a. most pitiable condition, did not the law in its mercy
place them on the • same footing with the innocent.--
Mr. Brougham said, " it certainly was singular that
M. Bochsa did nut think it worth his while to excel-
:pate himself on oath, and, disprove by his own testimony,
that which the defendants were charged with having
Mated falsely Let, the charges be as true
es Iloly Writ—let the defendants be able to prove
that the prosecutor had been condemned for forgery—
branded se a robber—and-that he had escaped the arm
of justice, yet, by adopting the made of proceeding by in-
dictment, their mouths were closed, and an insuperable
barrier was placed against the investigation of truth."
Here we must observe, that M. Bochsa was evidently the
best judge of what it was necessary for him to do, and if
he did not exculpate himself on oath, or disprove by his
own testimony that which the defendants were charged
with having stated falsely, we are bound, in charity to
him, to suppose • that be had weighty reasons fur all
this: if the law did not require him to exculpate, him-
self on oath, or to disprove by his own testimony the
statements of the defendants, and if, as we are bound to
presume,, he had good reasons for not doing more than
the law required of him, are we to blame him for availing
hiMself of the kindness of the law ?--Accordingly
suet
find that Mr. Astice Llttledale made no objection
to the deficiency alluded to by Mr, Brougham, but at
Once told the Jitry the publications were libellous. We
are stating what the law ja, and accounting for the prefer-
ence of. M. :Bochsa for the course he adopted. We are
ready to admit that the law is all that the most despotic
tyrant OW wish for—that it is utterly incompatible with
liberty, and that it would destroy liberty completely, if it
were eousistently executed. With respect to A.I. Bochsa,
We think, notwithstandinghis success, he would have been
better advised had he-refrained from claiming the aid of the
law. The kindness of the law does not necessarily ensure
• the kindness of time italic, and the public favour, we
should suppose, is of some consequence to hint. In say-
ing this, we hope we shall not be charged with the Menu-
sisteecy against which we have often protested, of making
private character the test of fitness for public duty. A
man may be a very good actor, without having the gift of
chastity, and may havest fine musical taste-without the
qualification of honesty. If a man were applying for a
. confidential situation in a Bankingshouse, a conviction for
. Muny might operate disadvantageously, but the nobility
and gentry of England do not require in the individual
whom they admit to their hose* the valifications neces-
sary to a Bank clerk. The Bank of hngland do not re-
quire that their servants sheuld be qualified to direct
Operas, and perhaps the patrons of Operas do not re-
quite that a Meeks& Director should be an honest man.
We do not say, foul forbid, that M. Bouquet could
not easily have exculpated himself satisfactorily ;
perhaps, like Sir John Falstaff, he •did not like
to do so on compulsion. We merely say, that if the
nobility and sentry look only in art for art, and even on
the supposition that the charges are true, they choose to
. ,lisregard them,lbey mark in every peculiar manner their
superiority over ptejudice. They show that they are
„ade to sacrifice every thing to principle. But if M.
Bogota will be advimied,by ns, he will rest satisfied with
the kindness of his exalted and liberal patrons, and re-
., nuance the treacherous aid of the law. There is a strong
dieposition in this country to consider every one who
receives the favours of the law as much detnaged as if he
had received favours front another quarter 'unnecessary to
be named.—Mornieg Chronicle,

Swett:lE.—lt is our painful duty this week to an-
nounce the death of a (lentleman, of this University, under cit 7
cumenutres most distressing to his family and connexions. Arr.
Henry Abhott, of St. Alban Hall, on Wednesday last, Pitt a Pe-
xiod to his existence, by shooting himself through the head, in
his rooms, The report of a pistol was heard about three o'clock
10 the afternoon, by one of the servants in the Hall, Intl ifo notice
wan taken of it ; on the followik morning, as Mr. Abbott did
not appear a person went to call hint and foUnd his dat locked
and the key WSW; a ladder was procured, and entrance to the
room obtained through the window, when, shocking to relate,
the unfortunate young man was discovered lying dead on the bed,
with a discharged pistol in hie hand. An inquest was held 00'
Abe body, When the Jury returned a verdict of:-"Insanity:" The
Aeotiaed vial a "1T steady young man -,and bad lately passed his
puhlia examivation for his degrea,,,Qalerd Journal!