The Sun.
London, England, 1842-04-15 00:00:00

/AY
PAIR

QUEEN-SQUARE.--(THIS DAY.)
Amongst the night charges brought before the Court this
morning none were of the slightest public interest.

THE ENGLISH PRESS AND THE
FRENCH POST-OFFICE.
TRIAL AND PROSECUTION OF THE COURIER EMPLOYED BY
THE LONDON JOURNALS, "THE MORNING HERALD,"
"MORNING CHRONICLE," AND "MORNING POST," :TO
TRANSFER THE LAST CALCUTTA MAIL TO BOULOGNE.
TRIBUNAL DE PR,EMIER. INSTANCE, BOULOGNE, APRIL 13
The public is aware that, since the events in China and
India have assumed such an important aspect, the London
papers have spared neither trouble nor. expense to insure to
their readers early publication of authent c news drought by
the Overland India mail. To effect this object, and to coun-
teract the mischievous effect of private speculators running ex-
traordinary expresses from Marseille* to London, whereby the
British funds and markets have, at various times, been seriously
affected, the London papers resorted to a very rapid mode of
transmis inn of the intelligence on its arrival at Marseilles. The
French Post-office authorities, and the Administration of Finance
affected to see in these occasional and accidental expresses an
oi ganised system of competition with their Malle Poste, which
perform in 80 to 90 hours what the newspaper couriers did
in 63 to 65 hours. The vexations that these couriers
have been subjected to are well known. On the occasion oi
the arrival of a steamer at Marseilles, on the 23d of February
last, despatches conveyed to Paris by the estaffette of the
F. ench Government were expressed in the usual way to Lou-
den ; but at Boulogne they were seized, and after being de-
tained 24 hours, forwarded to their destination by the Post-
office authorities of that town. This illegal seizure was made
the special subject of complaint to the British Ambassador in
Paris, who has made representations to the French Govern-
ment. The Post-office, relying on an old law, instituted a
prosecution against the courier who was the bearer of these
despatches. The trial was fixed for this morning at the Tri-
bunal of Premiere Instance. The process has assumed a
snore than ordinary interest, as M. Berryer, the Deputy and
Advocate, was charged with the defence of the courier, a 51
Vivier, residing in Paris. On the 6th the Procureur du Roi
had opened his case, and the ComMisSary of Police and M.
Barry, of the Alome Hotel, at Boulogne, were examined, the
first as to the seizure, and the latter as to the receipt of the
despatch, which was addressed to Mr. Marsh, at Dover. The
Court then adjourned the case till this day, as M. Berryer was,
unable to attend on the 6th. Nothing could exceed the inte-
rest excited by this trial. Many parties of distinction came
from Calais and other places to hear the distinguished orator.
The Court was crammed to excess, and a large assemblage o.f
ladies was accommodated on the benches of the Court and the
barristers. At a quar:er-past ten the cause was called on,
Procureur du Ifni v. Vivier. The President then called upon
M. Berryer. The Learned Advocate stated that he had wit-
nesses in attendance to establish the practice, for a number of
years, of commercial couriers being allowed to run without
hindrance. The Court, having deliberated, decided that there
was no occasion for the examination of these witnesses.
M. Berryer then opcnsd the case. " You are aware," he
stated, " by: the proves verbal, that M. 'Vivier, courier,
arrived in this town, and remitted a despatch, of which he
was the bearer, to Air. 13 iffy, who was charged to forward
the same to England. Mr. Barry went, according to the:
usual custom, to the Coinmissary of Police, in order to get
the permit of embarkation. The director of the post-office
opposed the transmission of this despatch, and ordered its
seizu.e. M. Vivier`evas now prosecuted for being the bearer
of a letter in contravention of the special laws regulating the
service of the French NA-office. But it must be recollected.
that Vivier was not even present at the seizure, and this was
decidedly irregular, as the proces verbal was drawn up agains
Mr. Barry. Vivier did not come to Boulogne on his own
account, and the persons who had employed him for that,
purpose considered themselves bound to defend him. I am
charged by these persons to oppose the accusation brought`
against him. 'l his is no ordinary cause. • The defence was of
a general interest, for it affected seriously not. only the neces-
sities of commercial enterprise, but there was a grave question
of the rapidity of intelligence. It interested materially the
vital relations between countries, for communications ought to
be rapid and certain between civilised and intelligent riationa.
An international interest was at stake, and it was, therefore?
most important that it should be maturely deliberated upon. It:
must, in fact, be decided whether in France there existed regu-
lations whica could oppose a thousand obstacles to the rapid
transmission of news, and the urgent necessities of commerce:
What was the law invoked by the Procureur-General? It was:
the arrete of the Consuls of the 27 Prairial, year 9. M. Bens
ryer then proceeded to quote these old laws, and showed their
signifieation to be quite at variance with the construction put
upon them by the Procureur- General. M. Berryer then pro •
ceeded :—Journalists spread news far and wide—from one
end of the world to the other—publicity was a protec-
tion of the world at large. It was a weak supposition,
that because couriera went for newspapers from Paris
to London, or to Germany, that it was a competition with the
Post-office. No prejudice was done to it, and no financial da-
mage. A regularly established service of letters was another
affair altogether; but in the case of Vivier it was only a single
despatch, addressed to Dover, and it was no violation of the law.
Had not any individual the right of sending his servant with a
letter for a short or a long distance—to the next street, or to the
next province, or to the next kingdom, if urgency required it.
If a servant could he so despatched with a single letter,
why not a hired courier and men, who, for the last half
century, have lived by their capability of endurance of
fatigue in rapid courses. If a letter could be sent by a foot
messenger, by rail, by a horseman, or by a carriage,
common sense revolted against the notion of a fraud being
contemplated, where so much expense was incurred, not to
save postage, but to come rapidly. The law had in view the
object of the sender of a letter. The penalty was attached to a
fraud, and not to the accidental transmission 'of a despatch.
Custom and usage, from time immemorial, guaranteed the
sending of couriers for the purpose, public or private. In 800.
It gne, everybody was fully competent to appreciate the value
of expresses, through the agency of which i apid communications
were insured. At all eventful epochs, at all important periods,
at all the important places in the world, the principle was re-
cognised, and had been acted upon without impediment. There
were men whose sole occupation was to travel the great roads
of the universe, to carry to the extremities of the world
the important events affectino commerce, speculation, the
funds, the exchanges, and, above all, great political incidents.
The system of expres ion to and from all parts of the world
continued without. molestation till 184 U. Then important events
broke out in the East. The Levant mails became of intense
interest. Couriers were in great request. Speculators and mer-
cantile interests were on the alert as well as journalism. The
Rothschilds figured by tht it expresses as well as others.
Why had not M. Rothschild been prosecuted ? As he had
never been submitted to a legal tribunal for a contravention
of the law and fiscal regulations, why was an inferior person
chosen ? Yet it was notorious that Rothschihi sent couriers
periodically ; and this was rational enough, for it would be
the height of absurdity for the Post-office to tell him, that,
with all his enormous outlay, he was defrauding the Govern-
ment of its postage. It was quite useless to dwell longer on
this point. The right of sending couriers was unquestionable,
and until 1840 had never given rise to jealousies and rivalries.
From whence du they arise? It is my duty, at all events, to
prove to foreigners that they do not arise from the narrow and
restrictive character of our laws. No. I protest with all my
force against this supposition. There do not exist in France
laws to embarrass mercantile enterprise—there are no impedi-
ments to the prompt distribution of intelligence by virtue of
existing regulations. Our laws have not such an odious cha-
racter as it is attempted to attribute to them by this action.
We will not put obstacles in the way of the imperious necessi-
ties of commerce, and we do not mean to interfere with inter-
national relations. What I has the Procureur du Roi talked
of tolerance and particular authorisation to run expresses ?
And by what law, pray, is this attempt made to attack the
perfect freedom and equality of all classes of society—of all
social positions? What ! Will it he pretended thatany particular
person shall have the favour from a Ministry of agitating the
capitals of the world, to affect the operations of all the exchanges,
and thus to realise enormous profits, at the expense of hundreds of
families ? This is monstrous—this is detestable—this is flagrant
injustice. There can be no infraction where the outlay of an
express exceeds so tremendously the cost of a letter by the
post. What is to be concluded from all this? Simply that no
special authorisations from the Post-office are necessary—that
any person is justified to express, if he will incur the expense
It certainly could be no especial pleasure to express for 4,000 r.
what would cost three francs by the ordinary post. What
is, then, the meaning of all this? I will say, because there is
a question of journalism. And is not that a general and most
impoi tent interest? Does not the whole world partake of the
enormous expenditure, and great trouble of its conductors ? Of
what are the great elements of publicity the echo? Have
they not an enormous weight in protecting the public from
fraud, by the early publication of news affecting the funds and
markets? And is not this a general interest? The jour-
nals favour not the rich at the expense of the poor. It is an
equal advantage for all. Their object is to make known to
everybody the truth as it is received. This is an immense ad-
vantage dearly publicity, for it is equality for all. It is the ex-
change of facts between nations. It is a continental dissemi-
nation of intelligence affecting our public interests and affect-
ing our private feelings. It is the means of attaching by closer
ties people of every nation. In 1840 we were all taken up with
Eastern affairs. Daily, the news which might arive would affect
the peace of the world, and the face of everything was exposed
to change. Every steam•-packet arriving at Marseilles excited
the deepest interest. At that period mercantile houseshad agents
at that pert, to receive despatches from their correspondents,
and if they were deemed of importance, expresses were sent.
Journalism, in the interest of the public at large, followed the
same course. But then certain favoured persons, who had
been accustomed to have the monopoly of early news, began to
be alarmed, for their game was spoilt. They murmured, and,
as a result, impediments began to fall in the nay of the couriers
charged to convey the despatches from Marseilles brought by
the overland India mail. This is the reason that the Court is
occupied this day. The persons for whom I plead had active
and intelligent correspondents at Malta, and at Constantinople,
at Alexandria, on the coast of Syria, in China, in India, and
in short, wherever there was a public: interest in. England
to serve, the papers were early and active in tl:e field.
Judicious agents judged whether the masses of papers and
letters received at Marseilles were of a nature to
require prompt publication. If so, an express was sent at
any cost. 11 not, the ordinary post was resorted to when
the news was of a routine nature. And such was the zeal
of the newspaper agents, that forty hours were gained upon the
regular channel of events, justifying the enormous outlay. For
whose benefit was this ? For that of civilization at large. The
public had the advantage, for it was protected from fraud by
sordid speculators. But jealous interests slid not like this
early publicity. Certain financial persons, habituated to run
expresses exclusively, and to profit by them, as well as to assist
their friends, made fresh attempts with the Ministry of October
to secure their monopoly. Under the Cabinet of M. Thiers,
when some impediments were first thrown in the way, that
Minister decided in a Cabinet Council, that it was purely a
fiscal question, which could be met by the payment of the post-
age of the packet expressed at Marseilles. When M. Hurnann re-
commenced the So stem of annoyance, a demand was aderessed to
him by the Paris correspondents of the Post, Herald, and Chro-
nicle, for an authorisation to express from Marseilles to England.
What was the reply of the Minister? (Here M. Berryer read
M. Hurnann's reply, to the effect that the Post-office had the
exclusive right of transporting letters and despatches, and that
if permissions had been sometimes granted, the cases were ex-
ceptional, and dirt not constitute a privilege.) " Thus," con-
• tinned M. I3erryer, " in the very words of the Minister himself,
he reserved for himself and friends a power and privilege of
expressing. The Finance Administration reserved to itself
the right and faculty for such and such a favoured
person to forwa d couriers, whilst others were pre-
vented from so doing. Thus enormous advantages
might be realised by this exclusive system. but
we have not only M. riumarm's monstrous claims, in his
letter to the correspondents of the Herald, Post, and Chro-
nicle, but there is another, addressed to the correspondent of
the Morning Post by Marshal Soult, President of the Council
of Alinisters (111. Bet yer here read the letter.) Marshal
Soult was then quite anxious to assist the object of the London
journals. He states that the Minister of Finance was stilling
to meet their views, and that be saw no inconvenience in the
sending of their despatches by any vehicle with post-horses, but
not by a man on horseback.—( Much laughter in the Court. )
This was a nice distinction. You may defraud the Post-office
iii a carriage, but not with a horse. You must not have an ester-
fette a cheval, but the favoured person who had the horse could
heat the unfortunate man in the carriage by forty hours
in the transit. This is 1,01-- as ti,iiculotis as pit is odious.
In February but our Tu i arrived at -Itlerasillegr, and
brought moot important news !ruin Caubui. A courier was
bearer of despatches, and was arrested no less than thirteen