The Sun.
London, England, 1826-12-22 00:00:00

BPMiT OF Tfii?:' titinitb JOURNALS.

It is not from 'motives - petuliar to a journalist, that
we join rwith most reasonable men in calling for a
„
fbrmation of the law of libel. The present state of
that law present's perhaps the most barbarous incons
sisteney in the' whole range of English jurisprudence.
That " maiife" and falsehood' should in all cases
be ingredients' necessary towards constituting the
offenee and yet that the same law which
makes ' the charges of falsehood 'and . malice, should
peremptorily forbid the accused party to Aver the most
direct evidence that his words were not false, mid
therefore, generally speaking, the best collateral evi-
dence that his .motives were not malicious—appears,
and no WO'nder, to minds untrammelled by, precedent,
the most astonishing stretch of tyranny over 'common
Eense and justice, that 'ever invaded the legislation of
, .
a pe4lo fancying ..themselves free. Undonbtedly, if
it could be made clear to the human understanding,
thaCpubliatmen ought to be held sacred from obser-
vation of . every kind, and grievances the most into-
lerable lie endured in silence, without the remotest
chance of redress, there never was a scheme more ilex-
ternsinlY fitted for giving eternity to national suffering,
and impunity to the most flagitious political crimes,
than this invention of the old English law of libel. If
a complaint was made of any abuse, ~,however glaring,
and any name of an official person connected with it,
one phrase familiar to Judges and Attornies-General
was, that " we must not bring the King'a Govern-
ment into contempt," for that was "libel." Rut an
unfortunate complainant urged in his 'defence that he
but stated a notorious, fad, that he implied no.
.con-
tempt or blame against things or persons, which he
could not prove to be, precisery as he described them,
then there was a second precious aphorism ready—to
wit, that the truth-of his assertions was even more mis-
shieVous than their falsehood would have been.; so that
to give evidence of that truth would be as useless as in
itself it was illegal. Now we are prepares! to aeknows
ledge our own conviction, that it is hardly possible to
imagine limitations more close, or a field more narrow,
than those within which the offences termed dovern-
ment libels might with great safety and usefulness to the
public interests be reduced. No Government, in a coun-
try where the press ,is free, can be seriously injured by the
propagation of falsehoods againit it ; because such falsehoods
are instantly refuted, and their authors, not the Government,
become as certainly the object of contempt. If, again; it
he'said, that the publication of truth itself against a Go.•
vernment may sometimes be attended With inconvenience,
it is surely quite obvious
.that such an evil bears no corn-
'Alison to that of a unitbrm suppression of the truth, by
which remedies for existing wrongs are rendered alto-
gether unattainable, and power perpetuated in the least
deserving hands. Mr. Brougham we rejoice to see,
has revived the bill which was brought forward' but
not persevered in, so long' ago as 1816, for mitigating
this eltunay and senseless law of libel. The chief pur7
pose ,of the Learned Gentleman is to enact, that the
trial' may in every case, Whether of information, in-
dictment, or civil action, be given in evidence, not at.
all times as a justification, but ilea key to the real merits of
the cause, which are now disguised by studied and impe-
netrable pretences. The presumption of " malice" will,
thus no longer be a fiction of law, but a consideration for
the conscience of the jury. The solid elementy of the
question Will be brought to light, and a hril sentence will
seasie to interpose itself between the individual and society,
to blast his credit by technical stigmas, and prevent him
from being fairly appreciated us a moral agent. Even by
analogy, this reforth ought, before now, to have been ad-
mitred. At the Old Bailey, in trials for murder, highway-
robbery, felonies, assaults, &c., the ciresuristances unending
the commission of the allege crime are industriously
in-
vestigeted, With a view to determine the real motives of
the patties, and thence the true 'character of the transgres-
sion. The law, in the civil Courts, and under the tutelage
of the same learned judges, is far otherwise constructed end
adininintered. There the grand bugbear of free disCussion
is tube diligently hunted down, and sinless the legislature
shall interfere in a very distinct and decided manner, we
are bound to se y, that within u few years the law of libel
will be rendered eneh, through the mean servility of juries,
anti the unceasing advance of one bad precedent upon ano•
ther, as practically to reeonquer from thepeople the ground
to gloriously won for them by Charles Fox,.and to oblite-
rate every ventage of this
,manly, amble, assn patriotic
achievements of Erskine.---'learner.

The Courier Francais aceounts, apparently very
Fatisfactorlly, for the report which prevailed , in the
City, on the I4th, of an insurrection in Ireland. It
states—we know not on what authority--..that our Go.
vermnent had seized the outlines of a plot organized
by the Apostolicals of Madrid, Paris, and Rome, for
the purpose of exciting a simultaneous movement in
Ireland at the time the Marquis de Chaves entered
Portugal, and that the report had arisen from some
imprudent member of the faction giving vague hints
about the intended insurrection. Whether such a
plot was in existence we caimat say—nothing, how-
ever, is more likely ; it is quite in keeping with the
character of the party that rules at Madrid, and with
the conduct of the OConnells and Side's on the an
nouncement of the King's Message. They seemed to
riot in joy it the prospect of a foreign war. These
men boast that the calamities of England arc their joy
and consolation, and the only grounds of hope for, ob-
taining Catholic, Emancipation. They know well
enough, however, that a war would not at all aid their
cause. During the late war, the most arduous in %Aid)
this country ever was engaged, the Catholic cause did not
p
gain ground. During te peace it has made rapid pro.
great,. The Cabinet is divided on the question—there
have been repeated majorities in favour of it in the House
of Commons, and nothing, perhaps, but the madness of
the Catholic leaders in Ira and, and the blind zeal of their
colleagues abroad, could have retarded its progress. We
believe nothing could be so fatal to it as any collusion on
the part of the Catholics with foreign powers, Dnd parti-
milady with the Jesuitical and A postolical party which is
said to prevail at the Cowls of Rome, Paris, and Madrid
party which, the French paper says " would produce
.foreign and civil war, blood, ruin, and destruction, under
the name of religion,' If the Catholic leaders are not
sincere, which many believe, in their attempts to obtain
Emancipation, let them continue to rejoice in the distress
of stir manufacturing classes, in the prospect of foreign
weir, in the success of those men who have re-established
the Inquisition, and would plunge the human mind again
in the darkness of die middle ages, and we are convinced
that, for some time yet, they shalt saJoy the satisfaction
of making treasonable speeches and ciillacting the catho.
lie rent.—Morning Herald.
From the contents of the French Papers (for oh.
taining which, at this moment of intense interest, our
readers will perceive that we have walk arrangement,
for outstripping all competition), it evident that a
much greater diversity of opinion prevails at ins thau
among us, upon the subject of the consequences. of
the measures adopted towards Spateby the British
Government. We cannot, however, too strongly cau-
tion our readers against placing too implicit a refill)"
on the part taken by the press, in either country, upon
the subject. Besides the fraudulent trade of stock-rb-
bing to which so large a portion of the Press, sometimes
knowingly and sometimes unconsciously, is made.sub-
servient, there are a thousand other interests, passions,
and motives, continually at work to stir up strife, for
Out sake of the spoils which, in so, many shapes, it
distributes among its partisans. That peace is the true

interest of nations, and more especially at this moment
of our country, and with it at the whole European
cointnunity,, cannot be doubted ; a fact which renders
it the more extraordinary that those politicians who are,
upon most occasions such warm advocates of the hap-
piness and amelioration of the human, race, should
now be among the foremost and most urgent in
forcing the Government into a state of hostility If
there ever 'was an object which ought to produce a Sin-
cere and honeatunien among all other powers, to mi-
tigate a great and general evil, it must be the state of
the Spanish nation and Monarchy ; the situation of
which, for some years, can only be looked upon as in
the nature of a common nuisance, or as of an indivi-
dual whose hand, like that of Ishmael, is against every
man, and against Wham every man's hand is entitled tobe
raised, either in retaliation or self-defence. That the law
of nations would, long since, have justified an armed in-
. terference with a country so misgoverned and so highly
mischievous as this has been, admits of no question. The
three powers most interested in this subject are those of
Frioice, Portugal, and England ; and, however mortifying
it may be to those who would foment perpetual discord
:bet‘Veeri the first and last of these, no reasonable -man: of
either country can doubt that there never can have been a
more legitimate or praiseworthy alliance between the two
States than that France and England, laying aside 'all ab-
surd jealousy and rivalry, should unite in compelling the
Spanish Government to resume such a position as may in-
sure its own peace and integrity, and with them its, rela-
tive situation in the scale of nations. That-any pfirt of
the press in either country should lend itself to any other
than this obvious policy, reflects but little credit upon
those who conduct it, and throws an evident ground of
suspicion over the motives of those who,influence it., It
is a miserable state of things when the only question as to
going to war is, whether a country CAM or cannot afford it.
No prudent Government will or can disregard the question
of 'expencei but to a really statesmanlike mind, such will
be but-a secondary object, with the higher ground of na-
tionul honour, on the one hand, and of the supreme duty,of
sparing the effusion of human blood, on the other. Though
we differ from Mr. Cunning's late speech in many respects
(arid in none more than in the incautious zeal which it ex,
hibits), he is on this head entitled to the highest praise
that the ,mere question of money neither entered into his
argument or his contemplation. To preServe the general
peace of Europe should be the object of every Govern-
ment at this time ; and of all who can in any way influ-
ence their proceedings. To be prepared for hostilities is
one of the surest means of averting them. So far the mi-
litary and naval preparations going on in this country may
be bath palliated and approved. But the most certain
mode of instil-big peace at this moment is, that the two
great powers of England and France should, by a cordial
union and firm decision, convince that of Spain, that it can-
not be permitted with impunity to violate the integrity of
Portugal, or in any other way hazard the peace and repose
of the world, either by its 'imbecility, dishonesty, or rest-

We call the particular attention of our readers to a
1 trial in - the Court of Common Pleas yesterday,.re-
ported in another column, in which they will see the
extent to which it is wished to carry the hostility- to
' the Press. The subject of the trial was the publica-
tion of some POlice proceedings. We shall now
merely confine ourselves to the doctrine which it is at-
tempted to enforce,
.respecting reporting in general.
Two points were more particularly mooted ; Ist, the
utility of Police Reports; and 2dly, the Law on the
,subject. was admitted by Mr. Serjeant
that Police Reports were not justifiable in point of
law, but he contended that still they were productive of
great public benefit ; and though he allowed that a
verdict must go against his client, yet he :thought the
damages ought to he as moderate as possible. It is
by disregarding both Judges and Counsel, that great
' benefit to the country bas often been produced by
, Juries. In fact, Counsel on both sides have an evi-
dent interest in encouraging this system of finding
verdicts, for it encourages Attornies to bring actimis ;
and, although _Barristers are great friends to - their
clients, in matters that merely concern parties in an
action, they are naturally greater friends to their own
order. Juries should, therefore, disregard the
admissions of the Counsel' of defendants, where-._
ever such. admissions haVe a tendency to, perpe-
tuate a system that brings additional grist to the mill.
The plain truth is, that the whole judicial order,
fron the highest to the lowest, is now arrayed against
the Press, which has as much to suffer from -luke-
warm friends as bitter enemies; and the only chance
we have of preserving our liberties, is in the determi-
nation of Juries to act with firmness on their own con-
victions. There ,is an understanding among the mem-
bers of the learned profession, arising out of some
such feeling as that which led the Church of Rome to
keep the Bible out-of the hands of the ignorant, that
as the reverence for :their mysteries is not increased
by letting in light on them, they ought to do all they
can to put down the Press. We do not blink the
matter—individual Barristers may be found, taken se-
parately, who will make liberal admissions ; but they
dare no more swerve in public from the judicial Hie-
rarchy, than au individual priest dare swerve from the
church. The Chief-Justice contended, in his charge
to the Jury, " that it was altogether illegal to publish
any exparte'statetnent taken before a Magistrate ;" and
he regretted that Mr.:Minsliull ".should Allow, during
these exparte statements; the presence of any person
who gave them to the public. It had been decided by
the Judges, that the publication of a Police report was
an indictable offence. "Ilia is riot mincing the matter.
For the last 20 years we have all. been committing, every
day, scores of indictable offences. • These good Gentle-
men the Judges, who have the making of the law them-
selveS (for small is the part of the law for which we are
indebted to any other source), dislike Police Reports,
which they call prejudging, and preventing fair trials;
and having the power of making_ the law, and dialiking
all reports of examinations before a Magistrate, they ac-
cordingly declare that what they dislike is art indictable
offence. So far, nothing is to be said.' Come we now to
to the question of utility. The Lord Chief Justice " could
not agree in the opinion expressed by his Learned Brother,
as to the policy of publishing Police Reports, and
he was surprised to hear that the learned gentleman (Mr.
Sergeant Wilde), who had been so long acquainted with
the administration of justice, should express an opinion,
that the publication of such repoits had been ever attend-
ed with any.but bad consequences The pub-''
lic papers, instead of conveying useful and pleasing infor-
mation, were mule the vehicles of conveying to the inno-
einit an'd the unwary a knowledge of every Melt and every
degrading and disgusting exhibition to be found amongst
the lowest and worst portisn of society." That the pub-
lication of Police Reports has
;hem greatly instrumen-
tal 'in repressing crime, has been attested by many ex-,
thp.eTioneed Magistrates, and is expressly laid down on
eir ov)dence by the Committee of the House of Corn-
nm". in the well known Report on the Adminis-
tration of Criminal Justice, in 1819,- Indeed the tenden-
cy of such publications to repress crime, by publishing the
plans by Which society are plundered, and by leading to
the means of obtaining evidence, is so obvious, and so much
a matter of ftiicry clay's experience that it is a work of
slyereroragation to swell on it. In fact, the only argument
of the Learned Chief .Justice 'amounts to assertion, and
the expresciou of Mtenishment that any one should think
otherwise than he does: , All very Catholic no doubt in
tolli)eloCiotnoi,rtiso,l,bviuthiocuht'iloot tbhoettroaurretsrowe,oriittoh:rbincrz:

As a set-oft' against the obviout utility of these public*.
cations to prevent the eseapiiTeirMite, and the unneces-
sary persecution of the innocent; Who used koimerly•to be
committed without inquirY,''heerinse the Magistrates had
no supervision (the very reatonii't&ged in Parliament for
the Pollee When thniiiinOVitien proposetl,AVßS
the prevention of injustice and oppression by publicity,
the Lord Chief JOstiee orges, the fme Sentimental objec-
tion, that Poliee Reports familiarize the innocent and the
unwary with the tricks of ,the depraved. But this argu-
ment would apply to the publication of all Reports of
criminal proceedings. What with the Sessions at
,the
Old Bailey, Middlesex, Westminster, Surrey, to say no-
thing of the Assizes, there is no intermission of the publi-
cation of accounts of fraud and depravity. The argument,
if it is worth any thing, goes to the clapping of an extin-
guisher on all Reports. This is a 'consummation Which
the Courts would gladly wish for; but we trust that
there will always be enough of good sense and spirit
among Englishmen to prevent what would convert
every Judge into an oppressor and irresponsible tyrant.—
We have so often
.combated the ridiculous notion that
Jurymen are unable to divest their minds of the impres-
sion produced by ex-parte statements, that we shall not
advert to the absurd allegations of the Lord Chief Justice
on this subject. The argument w noticed above would
go_ to the extinction of all reports whatever ; and this
would go to the annihilation of Juries; for, if a Juryman
cannot prevent himself from confounding what he may
have read or heard, weeks or months before, with the
evidence in Court, how can he avoid confounding the
opening • statements of the Counsel' with the evidenee
How can a Jury, in a civil case, separate the evidence from
the representations of it given by Counsel, and, perhaps,
the partial accounts given by the Judge in his charge ?
He that believes in the doctrine of prejudging, without a
fee or an tetelligible motive to help bins, is lit for believing
in witchcraft. But his Lordship triumphantly informed
the Learned Sergeant, that if he thought otherwise than
himself respecting the benefit of such publications, he
should apply to the Legislature to alter the law--that was
a home thrust. Apply to a Legislature of which one
House is exclusively composed of Magistrates who dread
nothing so much as any inroads on, their discretionary
power, and wish to commit ad ailum. tall on the
gislature! Good. Who, in the Legislature, dares at
present to say a word about any Magisterial abuses ? It
would be about as wise to call on the Stock, Exchange to
put an end to jobbing. When Mr. Denman brought the
affair of Canfor and Mr. Kenrick before the House, Mr.
Tierney made an excellent speech, but all the lawyers
were silent. No, we hope for nothing from the Legisla-
ture. Oar only hope is in the tribunal of Juries, which
are identified with the people, and which will, some day
or other, return to reason.—ilioraing Chronicle.

• We find the following paragraph in the Times of
yesterday :
" There is one clause in our city article which deserves parti
cular attention. It relates to the frauds and suicide of the Stock
Broker, with which the public is ;already acquainted. Who the
Ladies, in the neighbourhood of Grosvenor-square, are, or who
the Clergyman may be, we know not ; but we really cannot com-
passionate their lot. The Clergyman's object, we hear, was not
extravagant gain ; but how could he 'be such a fool as to place
unreserved confidence. in a Stock Broker, of whom the whole
roe, from oat end to the other, are rendered rogues by the sys-
tem of the place—pursuing dishonest practices all the year round,
which the law does not take sufficient means to repress."

. . _ . •
.It was with much surprise we read this vulgar and
unjust aspersion upon a whole class of- individuals, -in
so respectable, and, generally' speaking, so prudent a
paper as the Times. We mean prucient in its calcu-
lations. Our contemporary. may not have the highest
opinion of the -Morality of the Stock Exchange, •as
ihisilewood and Ings had not a very exalted one of
the House of COminons, or his Majesty's Ministers ;
hut when a man vilifies by wholesale, the World is
aet to suspect that there is something wrong either in
his head or in hiS heartthat he wants the •intellect
to discriminate, or the honesty to use his discrimina-
tion. We mention this, not because we would for a
InOtnewattrtnitte td.' the Dimes any but the purest
motives' in every thing it does ; hut because, feeling
this high respect for its intentions on all occasions,
we are anxious it should avoid the. most remote ap•
pearance of acting from un unequivocal impulse.—
If, for example, a paper .less unimpeachable, and
more obnoxious to sinister imputations, had thus de-
nounced the whole race of Stockbrokers as ee rogues,"
by "virtuiiiif their calling, would it not have been inferred,
that some person or Persons connected with it had suf-
fered grievously from his or their transactions with the
said " rogues ?" The Times, we admit, may. stand upon
its known character, and laugh to scorn such: surmises.
But why,should it gratuitously expose itself to malevolent
interpretations, from which not even its acknowledged
purity and disinterestedness can protect it.?. We are
always sorry when we-see amiable, well-meaning persons,
so heedlessly trifling with their own character, from the
natural but mistaken notion, that all the world are as in-
genuous as theMselvea. Alas! if they did but know the
world better, they would not consider Stock-brokers' as
the only. " rogues" in it. We are quite satisfied the Times
was perfectly sincere itt what it wrote, and that it was
net done to convince the public there could be no interests
or sympathies in .common between it and the " rogues"
of the Stock 'Exchange. But was it not, therefore, a
work of supererogation If. a suspicion had ever been
breathed—if a whisper had ever been heard—tending to
imply the contrary, we should have admired its stern vir-
tue, its proud defiance. But Heaven help us! In our
.conscience, we believe the Archbishop of. Canterbury is
as likely to be suspected of waddling out of the alll,as the
Times of contaminating itself by participating in its pro-
fane mysteries. We do, therefore, wish most sincerely,
that it had consulted its dignity better,aral abstained from
a paroxysm of virtue, which an ill-natured world
.may so
easily misinterpret. Besides, to say the truth,- we .think
its fit of ethics has betrayed its judgment; for we doubt,
exceedingly,, whether all the persons who are connected
with the Stock Exchange are so unprincipled in their
dealings as they are represented. However,, the Times
probably knows much more than we do about the matter.
—New Times.