The Sun.
London, England, 1826-12-23 00:00:00

Intuit of civilization than any other earthly power—had
ever been invented.! . We say, it appears difficult to
'account for this feeling on the part of the .Todges,-.---
The press, almost Universally, treats them with respect
—and, if it- sometimes questions the soundness of their
decisions, so do the Judges themselves frequently con.
tradict and subvert,the decisions of each other. Be
sides, if the opinions that fall from the judicial autho-
rity in Courts of civil and criminal justice are of im-
portance to the whole community, it is the press alone
that can give them that rapid and popular circulation
which makes them most available to the instruction of
the public. Notwithstanding this, 'it had long been
matter of legal doubt whether a correct account of pro-
feedings in a court of law, if it contained matter inju-
rious to the charactersof any of the parties concerned,
was privileged from the consequences of malicious
libel—so much more delicacy has there been shown to
the characters of bad men than to the honest liberty of
the press ; and, though the general principle is no
longer a question, yet. there are continually exceptions
taken that seriously limit this invaluable right, and
make its exercise precarious. Lord Ellenborough
once said, " It often happens that circumstances ne-
cessary, for the sake of public justice, to be disclosed
by a witness in a judicial inquiry, are very distressing
to the feelings of individuals on whom they reflect;
and if such circumstances were afterwards wantonly
published, I should hesitate to say that such unne-
cessary publication was not libellous, merely because
the matter was given in evidence in a Court of Jus-
tice." Here, indeed, is a reservation with respect to
the right of publishing an authentic statement of
proceedings in Courts of Justice, which, if acted upon,
Would render the privilege of the Press, in this re-
'spect, perfectly nugatory—for there is no trial of any
pnhlic interest in which something is not disclosed in
evidence that is painful to the feelings of some indivi-
dual or other. If this doctrine were worth any thing,
then is a Newspaper liable to 01 the penalties of mali-
cious libel for publishing full and accurate accounts of
every action of libel—of seduction—of trim.
deceit—of breach of promise of marriage, and nume-
rous others, as well as for every authentic account of
criminal trials. It is true this opinion of Lord Ellen-
borough
.has not yet been parried further than a theory,
but, from what happens in Courts of Law every day,
we should hardly be surprised if it should be attempt-
ed to reduce it to practice. The case of Harris v.
Wheldon, the other day, in the Common Pleas, gave
occasion to What we believe to be a new decision as
to the practice of Courts of Law against the Press.—
We leave the merits of that case out of the question—
we argue on the general principle. Our readers saw
that it was an action of libel against a newspaper for
publishing an account of proceedings under a criminal
charge, which had taken place at a Police Office. The
Judges have decided that to publish statements of what
occurs in Police Offices, injurious to the character of
individuals, is ground of libel. We shall take another
opportunity of discussing the reasonableness of the
grounds of that decision ; at present it is only neces-
sary to observe, that as the defendant cannot, in such
a case, do'away the plaintiff's right of action by prov-
ing the truth of his statement, and that what he has
published is indeed but a faithfulreportof what actually
occurred in the Police Wise, it is Of no use to him
to put a justification on the record ;—ofi the contrary,
it is rather dangerous ; ler it is a maxim in Westmni-
ster-hall, that if a justification, when pleaded on the
record, is not completely made out, in evidence, it
enhances the damages, But heretoilore .tint—law- was-
taken to be, that where the facts to be proved on the
part. of the defendant do not amount to a complete
justification—as, for instance, where they show a
groUnd of suspicion, not arising to a full proof' of
the guilty 'or disgraceful acts with which the
is charged in • the alleged libel—then such
facts might be given in evidence, under the general
issue, not for the purpose of doing away the plaintiff's
right of 'action, but of cutting down his claim to damages.
Bat the Lord Chief Justice Best refused to act on the
analogy of this principle' in the' aforesaid case of Hitrris v.
Wheldon, and would not let the reality of the proceedings
at the Police-office be given in evidence under the general
issue, in mitigation of damages; but insisted that, in order
to let in that evidence, the defendant ought to have put a
justification on - the record. But Chief Justice Best well
knew that, had the: defendant' Mewled a justification, the
truth of the proceedings at the Police-office, though given
in evidence, would not, as the law is now understood on
the Bench,-have made out that justification, and the Chief
Justice could then have told the Jury that the justification
was not, proved, and therefore the plaintiff was entitled to
exemplary damages. Thus is the defendant in such cases
put in a cleft stick." He can neither plead in justifica-
tion, nor let it alone, without the danger of drawing a
speech from the Bench that will materially enhance his
damages—at least wheneVer the Jury are so complaisant
as to surrender what is peculiarly their own office into the
hands of the Judge, and become, the mere vehicle of his
will. A different principle was acted upon some time ago,
even before Lord Ellenborough; but in this case the action
'was not against a newspaper. It was the case of Sir John
Emer v. Merle, and was an action for defamation, imputing
insolvency to the plaintiff., The defendant, knowing that
he had strong grounds of suspiciour for what he said of the
plaintiff, but could not directly establish the facts, was
rightly advised not to plemul a justification ; but Lord El-
lenborough allowed him, under the general issue, to prove
that at the time there were rumours in circulation that. the
plaintiff's acceptances had been dishonoured. Also, in the
case of the Earl of Leicester v.-Walter, the defendant was
permitted to prove, under the general issue, that before and
at the time of publishing the libel) the plaintiff was sus-
pected to be gutltrof the crime ,thereby imputed, to him,
and this crime was one Willa is too revolting to he further
alluded to. In this case, indeed, the defendant was the
proprietor of a newspaper; but, had the doctrine which
Chief: Justice Best as now laid down been acted on by
Lord Ellenborough, he would not have allowed that evi-
dence under the' general issue. We are glad that Mr.
Sergeant Wilde has had the point reserved for argument.
Such a doctrine cannot bear the touch of reason; hut, if
the Judges should affirm the decision, we trust it will make
4 part of the provisions of the Bill which Mr. 'Brougham
intends to bring into the House of Commons for the
amendment of time Law of Libel. We shall, no doubt,
soon have an opportunity of seeing whether the Court of
King's' Bench will consider the doctrine of Chid- Justice
Best or that of Lord Ellenborough to be the better
law. There can be no doubt as to which of the two doc-
trines has the sanction of reason and justice.—Morning
Herald.

The French Ministers being now convinced of what
they thought very improbable before--namely, that
England is determined to embrace the dreadful alter-
native of war, rather than allow Portugal to be
at the over-
run by the influence which has already made Spain a
province of Franco,
alarm et! it is not unlikely that they will get
e consequences, and disavow any artici-
pation in theintrigues that have led to this declaration
on the Part of England. The thing had been hitherto
managed with that
which the French plausible tact and stratagem for
Otplomatists and employes are so
celebrated ; anti if it could have gone on to the coin-
pletion, without rouaing England into action, we would
soon hear of Lisbon and Oporto being garrisoned by
French troops, as Cadiz and Madrid now are, which
French troops, after the restoration of the despotic Go-