The Sun.
London, England, 1829-01-03 00:00:00

GERMAN PAPERS.

NUREMBERG, DEC. 24.—The municipality of Son-
neberg brought an action for a libel against the proprie-
tors of the Doi Zeitung of Hildburghausen, on ac-
count of some remarks on the proceedings of the
Municipality on their management of the public busi-
ness. The Municipality having lost their cause before
the tribunal of Hildburghausen, appealed to the
superior Court at Wurtzburg, which has rejected the
appeal by a decision, the terms of which-are ex-
tremely remarkable :
" The Editor of the Dot/ Zeitung," says the
Court, " like the Editors of the Public Journals,
has taken upon himself, and not without the appro-
bation of the readers; both at home and abroad, to

point. out defects and desiderata an public matters, Mr. Ferstandeg—But, Sir Richard, if they act
and thus to contribute to effect an improvement, and wrongfully they are amenable to public opinion. I
though this use of the liberty of the press has not know you affect to despise it; you never like to
taken such deep root in Germany as in other coon- court public opinion.
tries of Europe, yet the principle of the press is in Sir R. BIRNIE—I have no dislike to the opinion
general adopted in the modern public law; if the of the public; but to tell you the truth, I have lived
several Governments have not yet determined on long enough to care -very little about it.
the means of preventing the abuses that may occur Mr. Ferstandeg—Ah ! you are a rich man, Sir
in the exercise of its rights. If, therefore, the press R. Birnie, and independent of the world. Unfortu-
is from time to time to give an account of public nately, lam differently situated. The public is
matters; if the consequence of defective laws are to every thing to me, who am nothing but a poor
be pointed out and information of the injurious pro- scholar, with nothing but my wits to support me.
ceedings of organs of the Government to be corn- If, therefore, lam injured in my reputation, I must
municated; if persons holding public characters such seek redress in the best way I can.
as; the Municipality of Sonneberg are at lea3t sub- Sir R. BIRNIE—What would you have me do??
jected to a moral responsibility, it can by no Mr. Ferstandeg—To do that which no honourable
means be taken for granted that the obser- mind would consider a degradation—confess you
ration or blame is purposely designed to give have done me wrong, and make a pubic apology.
offence ;on the contrary, this is to he con- Sir R. BIRNIE—I repeat, I will do no such thing.
sidered as the exercise of a kind of public office, What ! stultify myself ? The thing is utterly im-
often indeed difficult aril ungrateful, but in the con- possible, and out of all reason. But why do you
scientious exercise of which the Government and apply to me individually ? I was not the only ma-
the governed are interested, and which may be very gistrate who concurred in your committal. You
advantageous to the welfare of the state and to en- forget that Mr. Minshull was present also. He
lighten public opinion. Besides it is free to every was, in fact, the sitting Magistrate, and signed your
body to use the same organ of the press to correct committal.
erroneous statements and opinions. Now, if the • Mr. Ferstandeg—'Tis very true, but I could see
Courts would listen to every complaint made out of enough Of Mr. Minshull to perceive that lie was un-
misunderstanding or excessive sensitiveness, to such der your directions all the while. He was your under-
remark, and criticisms, or, as seems to be intended strapper, your journeyman, and you did just as you
, here to give room to what is called a process of ten- liked with him.
dency, they would not only call in question the right Sir R. BIRNIE—Sir, Mr. Minshull is not a man
of freely judging of public affairs, but deter the editors to be influenced by any person in doing that which
of public journals from continuing their valuable ex- he conceives to be his duty. He acted upon that
ertions; if they were to be threatened on every occa- occasion from his own conviction, and lam sure this
lion, with tedious and vexatious actions for libel; gentleman will say so also.
and by proceeding in such a manner we should The Reporter said, that from all he had ever seen
. never see the use of the press, regulated indeed by of Mr. Minshull, his conduct, as a Magistrate; was
the laws,•acquire that consideration and influence in perfectly independent.
public 'affairs which it ought to have for the general 1 Sir R. BIRNIE—I am convinced that not only
good, and according to the experience of other states. Mr. Minshull and myself, but every person who
The first tribunal was therefore perfectly right in was present in the office at the time, felt assured
wholly 'rejecting the complaint, which was equally that your object was, by retaining the manuscript,
unsupported by private and public law, and thus to make a property of Mr. Wilks; by demanding
shelving in*particular due respect to the principle of just what you pleased from him.
the legal freedom of the press." i Mr. Ferstandeg—How could that be, when I of-