The Sun.
London, England, 1842-04-21 00:00:00

THE ENGLISH PRESS AND THE
FRENCH POST-OFFICE.

TRIAL AND PROSECUTION OF THE COURIER EMPLOYED BY
THE LONDON JOURNALS, " THE MORNING HERALD,"
"MORNING CiIitoNICLE," AND "MORNING POST," TO
TRANSFER 'THE LAST CALCUTTA MAIL TO BOULOGNE.
TRIBUNAL DE PREMIER INSTANCE, BoULOGNY, APRIL 13.
The public is aware that, since the events in Chitta. and
India have assumed such at important aspect, the London
tapers have spared neither trouble nor expense to insure to
their readers early publication of authentic news brought by
the Overland India mail. To effect this object, and to coun-
teract the mischievous effect of private specniators running ex-
traordinary 'expresses from Marseilles to London, wheteby the
British funds and markets have, at various times, been seriously
affected, the London papers resorted to a very rapid mode of
transmission 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
organised system of competition with their Mane Poste, which
perform in 80 to 90 hours what the newspaper couriers did
m• 63 to 65 hours. The vexations that these couriers
baie been subjected to are well known. On the occasion of
the arrival of a steamer at Marseilles, on the 2d of Kbruary
last, despatches conveyed to Paris by the estaffette of the
Rench Government were expressed in the usual way to Lone
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. Ttis 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
more than ordinary interest, as M. berryer, the Deputy and
Advocate, was charged with the defence of the courier, a M.
\ icier, residing in Paris. On the 6th the Proeureur du Rid
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
front Calais and other places to hear the distinguished orator.
'I he Court was crammed to excess, and a large assemblage of
ladies was accommodated on the benches of the Court and the
barristers. At a quarter-past ten the cause was called on,
Procureur du Rol v. Vivier. The President then called upon
AI. Bernier. 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.
• iii. Berryer then opened the case. " You are aware," he
stated, "by the proces verbal, that 111. Vivier, courier,
arrived in this town, and remitted a despatch, of which he
eves -.the bearer, t.o Mr. Barry, who was charged to forward
the same to England. Mr. Barry went, according to the
teettal custom, to the Commissary of Police, in order to get
,the permit of embarkation. The director of the post-office
eppased the .transmission of this despatch, and ordered its
,eerzu.e., 11. Vivier was now prosecuted for being the bearer
of a letter iu contravention of the special laws regulatin; the
service of the, french Post-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 against
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. '1 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 arid intelligent nations.
An international interest was at stake, and it was, therefore,
most import int that it should be maturely deliberated upon. It
must in fact, be decided whether in France 'here existed regu-
lations which 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 Prairie!, year 9. AI. Ber-
rs er then proceeded to quote these old laws, and showed their
signifieation to be quite at. variance with the construction put
upon them by the ttrocureur-General. Al. Berryer then pro.
ceeded se-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 teas a weak supposition,
that because couriers went. for newspapers from Paris
to tendon, or to Germany, that it was a competition with the
Postaollice. 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
tlespach, addressed to Dover, and it was no violation of the law.
Had not any ineividual 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 kirigdom if urgency required it.
If a servant could he so despatched eith a single letter,
why not a hired courier and mere who, for the last half
emituty, 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,
coalmen sense revolted against the notion of a fratet being
contemplated, where so much expense was incurred, not to
seats postage, but to come rapidly. The law had in vied the
object of the sender of a letter. The penalty was attached to a
fraud, and not to the accidental transmission cf a despatch.
Cisatoin and usage, from time immemorial, guaranteed the
sending of couriers for the purpose, public er private. In Bou.
gne, everybody was fully competent to appreciate the value
• oh expresses, through the agency of which rapid communications
were insured. At all eventful epochs, at all important periods,
et all the important places its the world, the principle was le-
' 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 affecting commerce, speculation, the
funds, the excharigr se, and? above all, great political incidents.
The system 'of expressing to and from all parts of the world
continued without molestation till 1840. Then important events
!Hoke 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
Rothsehilds figured by their expresses as well as others.
Why had not Al. Rothschild been prosecuted ? As he had
never been submitted to a legal tribunal fur a contravention
of the law and 'fiscal regulations, why was an inferior person
chosen ? Yet it was notorious that Rothschild sent couriers
periedically ; and this was rational enough, for it would be
' the hereht el absurdity for the Post-office .to tell him, that,
with all his enormous outlay, he was defrauding the Govern-
cleat of its postage. It was quite useless to dwell longer en
this point. The right of sendieg.couriers was unquestionatee,
and until 18-0 had never given rise to jealettsies and rivalries.
From whence do they arise? It, is my duty, at all events, to
prove to foreigners that they do riot arise frornehe narrow and
restrictive character of our laws. No. I protest with all my
force against this supposition. There do not exist in Frams
laws to embarrass rneraantile enterprise—there are no impedi-
ments to the prompt distribution of intelligence by virtue of
existing regulations'. Our laws have not such an odious chae
reciter as it is attempted to attribute to them by this action.
- We eill not put obstacles in the way of the impe'rious necessi-
ties of commerce, and we do not mean to interfere with inter-
national relations. What ! has the Proeureur du Roi talked
of tolerance arid 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 ale
serial positions? What ! Will it he pretended that any partieulal
Iverson 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 ate
express exceeds K, tremendously the cost of a letter by the
post. W•hat is to be concluded from all this? Simply that on
• specialantherisations trim the Post-office are necessary—that-
soy person is justified to tixeress, if he will incur the expense.
I: certain.y could be no especial pleasere to express for 4,000 e
. what would cost three fi sties by the ordinary post. What
- is, then, the meaning of all teis? I will say, because there is
• question f journalism. And is not that a general and most
impot tent interest? Dees not the whole/world partake of tee
enormous expenditure, and great trouble of its conductors?
what are the great eleMente of publicity the echo? Have
they not an enormous weight in prate:ems the public from.
freed, by the early publication of news affecting the funds arid
markets? And is 'net this a general interest? The joie.-
cats favour not the rich at, the. expense Of tee poor. It is an
equal advantage for all. Their object is to make known to
everybody the truth as it 1: received. This is an immense ad-
vantage 1)f early 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 ow 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 ielrich 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. .4 t that period mercantile houses had agents
at that pert, to receive despatches from their correspondents,
end if they were deemed of importanee, expresses Were sent.
Journalism, in the ints rest of the publie at large, followed the
Name course. But then certain favoured persons, who had
been accustomed to have the monopoly of early news, began to
he alarmed, for their game was spoilt. They murmured, and,
as a result, inseedimeuts began to fall in the way of the couriers
eearged to convey the despatches from Marseilles brought by
the overland India mail. This is the reason that the Court is
occupied this (lay. The persons fie whom I plead had active
erre heelligeat correspondents at Malta, and at Constantinople,
at Ale kat:stria, on the coast of Syria, its China, in India, and
in shirt, wherever there was a public interest in England
to serve, the papers were early and active in the field.
Jittlieieris agents Judged whether the masses of papers and
letters received at Alarseeles were of a nature to
require tirompt publication. If so, an express wee sent at
any rust. If 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, justifritig the enormous outlay. Fur
obese benefit was this ? For ,fiat of civilizatton at large. The
public hail the advantage, for it was protected from fraud by.
serslid speculatotst. But jealous interests did not like this
early publicity. Certain financial peraans, habituated to run
expresses exclusively, and to profit by them, as well as to west
their friends, made fresh attempts with the Ministry of October
to secure their monopoly. Under the Cabinet of AI. Thiele,
• when some impediments were first throwil in the way, that
AI 'ulster 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. Humaran re-
cotrunenced the st stem of annoyance, a demand was addressed to
- him by the Pariscorrespondents of the Post, Herald, and Chro-
.
• nr vie, for an authorise! ion to express from Marseilles to England.
What was the reply of the Mitaister ? ( Here Al. Berryer read
M. H urnann's reply, to the effect that the Post-office had the
exclusiae right et transporting letters and despatches, and that
petttessiona had been sometimes granted, the cases were ex-
ei and (rid not eolisteute a privilege.) " Thus," con-
ii""'d " in the very words of the Minister himself,
e reserved for himself aed fiends a poser and privilege of
expiteeing. The Finance Administration reserved to itself
the right- and laity fee such and such a favoured
perste] iis fiesta' if couriers; whilst others there lire.
verece ,(rain 'ai, doing. • Thus mercurous advantages
les rea;lseili by this exeltuire ' system. but
we fat;= nit
ctily 'l. s monotone claims, in his
letter It, the., ~earespi•ndtints to tee Herald, Post, 'and (yew-
. nide, 1.4, threes-lei another, addressed to the correspondent of
,morninc,
_teat be ,learshal Preselent of the Council
of eri„ieers be
)(ir here read the letter.) Marshal
Soult wa te en pits allXloll, to aS,iSt the object of the ',melon
s
`ii camels. He stases that tiro ehnister of Finance was willing
to zesettheir views, and that he saw no inconvenience is the
any vehicle with poste horses, but
seirdiog of their despatches by
"riot' tit.* a man eirrseback.—( Much laughter in the Court. )
Thei 'Was a nice distinction. Yoe may defraud the Post-office
iu a ci*eFige, but not with a horse. You must not. have an este-
fette a cherat, but the favoured person who had the horse could
teat the unfortunate man in the carriage by forty hours
in the transit. This is really as ridiculous as it is odious.
In February last our India mail Srri ed at Marseilles, and
brought most. important news from Canbul. A courier was
&serer of despatch's's, and was arrested no less than thirteen
times ; but he passed—arid why ? • (M. IL rryer here raid the
minutes of the seizure, which declared that, as the courier was
a commercial one, and was bearer of only a sing despatch,
that he was allowed by the gendarmerie to pass. This, then,
TM an important admission, for the printed form of the seizure