Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-07-04

| only look az es question of property
| lie. however, iutimated an opinion a
| Sainst nir. Soutliey, on a ground that the
work had been published mary years
without any previous attempt, on the
| part OF Nlr. Soui!icy, TO call IL il-- thar
(, Its discrepancy from the authors present
| sentiments Was no ground for an iniunc-
| tlcI lie could only interfere 10 protect
| fie property; and without disposing OF
the application then, he took the papers
| home.
Wednesday, Mcrcd 10.
Tie Lord Chancellor gave Judgment
IN THIS case, and spoke 10 the following
| effect:
| have looked into he afIidayits. and
tave also read The book itself hold the
bill of Injunction 10 be bill which goes
| 10 the length Ut stating, that the work was
composed in 1894, by Mr.. Southey .'hst
II IS his own production, and that II has
been published By the defendants with
out his sanction or authority. The bill,
therefor, seeks for The produce Of tie
publication oftle work, and an i,Yuncti-
on Tor IFS suppression. have examined
most OF the cases that could meet with.
contalCmg precedcnis for iniugctions OF
tins nature. and End that they all pro-
coed upon the ground of tile 10 The pro
perty in the plaintiff. On this head, there
has been distinction taken, 10 Which
perhaps more authority belongs than az
hrst was aware OF, supported as il is by
the opinion Of Lord Chief Justice Eyre,
by whom 1t was expressly stated, that a
person cannot recover damages for Il
work which is calculated TO do injury 10
the public. In the case of DR.. Noicott,
as to the publication OF his work under
the name of Peter Pindar, the court
found, that inasmucli as he could not re-
cover damages by action, it was there fore
not bound 10 grant an injunction TO Sc
cure to him the profits of The printing. L
hold the same opinion. 1t is very true,
that IN some sense If might operate so az
TO leave persons at liberty TO multiply CO.
pies of such mischievous publications
put TO tins, my answer is, that sitting here
IN court of equity. have nothing TO
do With the nature of the property; OF the
conduct of the parties, excepting 40 esss.--
as applies 10 civil interests: and if the
publication be mschievous, either on the
part OF the author or the bookseller, il n
moi nv province to iHtegfere. In tile pre-
sen; instance, the PARTY applies for his
civil Interests orIy, and this court is the
plronoT place for such an appIica ton.
sfal saw nnihng upon The nature of tie
nook itself, because il appears TO me THAI
me principle upon which am ahout 10
declare my opinion, makes it unnecessa.
nv, except so far as ii would naturally af-
fe. t any mind, upon looking al all tue cir
cum stances of the case. This is book
containing sentiments not now entertain
Ell by the author, at least so | under
stand. 1t was composed twenty-ihree
years ago, IN 1904; & was offered bv Mr..
Soufley TO two booksellers, the enc Of
the name of Ridgeway, and the other Of
Simmons, for publication. They were
twice consulted, and twice declined TO
publish the work, for reasons not stated.
SO tar, therefore, must look al he book,
rs am led, may say judiciaiiv, 10 sus-
pect That the nature of the work formed
the principal reason for its n.3n-publcati-
on. II has been left, then. for % Years.
and has now been published bv the de-
PENDANTS. Taking all these circunstan-
ces, therefore, into my consideration, ha-
wing consulted all the cases / could
ENC. touching the question, and enter
tanning precisely the sa,ne opinion rs nv
Lord Chief Justice Eyre, il appears 10 me
that cannot grant this Injunction until
Mr.. Soutlev has maintained his right TO
this property by action.
MIR. Shadwell observ ed. that so sensi-
BILE was MIR. Southey of the ndecencv,
Im1proprIety, and dangerous tendency OF
this work. that he had thought If RIGHT TO
undergo the disgrace ofacknowledging q
TO be his own production. in order that il
might be totally suppressed.
The Lord Chancellor. -Sittinr, as lido.
in civil Court, il is not my province to
| administer Justice as TO the character or
conduct of individuals, but merely TO
take care oftbeir property. During the
whole course ofmy life, I have been most
careful Of that property, and shall CONT
nue. to preserve the same line Of conduck
TO the end ofmy life.
The Portuguese are strengfheniuetheir
| army; and placing, the country in The
| best state OF defence possible. Some DIFF
terences between the Courts of Spain and
| Portugal, are said TO have rendered this
measure Necessary. II is also said that
| tie frontiers are surrounded by Spanish
troops.
An article, dated Vienna, states, that
according to the last dispatches froru
| Constantinople, dated the 10Th of March.
a particular treaty had been concluded
between tile Porte and Great Britain. re-
latve to the strongplace of Parga. which.
IT'S said. has been ceded 10 the English
bnt no notlre Is taken OF tie recognition
oil the lonlsn Isles, nor ofIhe accession
OF Tie Porte to The treaties ot Vienna ard
Paris. Great activity, il IS added, con-
tinues to be displayed ia the military de-
partment of the Turkish government.
a cousin of Bonapade has been arrest
cd, and sent TO The Prefecture OF Paris.
The motives of his arrest. az well as fiiat
OF Madame Regnaulf de ST. Jean Il Ange-
lay, are not publicly known.
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