The Sun. — 1826-12-06 (London, England)

THE PUBLIC JOURNALS.  'We recommend to attention the opinion of Lord Chief Justice Best, as pronounced in the cause of" Stockley v. Clement," reported in this day's,jountal, on the subject of libel. His Lordship says, according to .one account," that if no circumstances are laid before the jury from which they can infer malice, the action is not maintainable."— According to another cc An action•for libel, unless ma, lice could be proved, is not maintainable." It is clear, therefore, that malice is not to be inferred from the wording or expression of that which is adduced as a libel. Indeed, the character of no act whatever is established or proved from the act itself, or its evasequences. A man receives a ;Aortal wound from the stroke of a hatchet: this is moder,.according to the doctrine of some Judges. The Malice. is inferred from the blow, and its fatal consequences. No, we argue, and so it should appear argues Lord Chief Justice Best; prove, or.prove in part, or show by probabilities, that the intention to destroy, or some motive to de: troy, existed previously, or at the mement When the - wound was inflicted, sind then the person by whom it was inflicted may be a murderer ; but the simple act of taking away the life of another does not constitute that most heinous of all crimes: neither does the mere act of writing and publishing that a man has committed this or that crime that he has been sentenced to the gallies for example, that he ought not to he admitted into this kingdom, constitute a calumnious or defamatory libel--; (libellus, a little book). On the contrary, a man who soda forth a publication to this effect, may have performcl very praiseworthy act ; and a jury that leaves a defendant who has dene this to the mercy of judges, upon a mere quibble of law, does not do its ditty in a manner beeoming.E»glishmen, With regard to the stupid verbiage set up in the place o? Argument, the truth is injurious, bets:Mge it may lead to it breach of the peace, this is absolutely cotttradietei.l by feet and common sense ; it being notoliens that Almost the only way to keep a scoundrel quiet, end to .prevent hint front doing mischief, is to publish the truth of him, to make hint known. And if it be said that by to doing you expose him to danger, why, we ask in reply, are all the precautions of policy to be directed towards keeping him in safety against other people, and none towards keeping others in safety against him' If the publication be false, the case is differents--the than slandered has his remedy.--Times. Much stress, we observe, has been laid in some quarters tut the expressions and overt-acts of the French and Spanish Sovereigns, in relation to the hostilities carried on by the rebellious troops of Portugal against the Goiernment of the Princess Regent. The King of Spain, it is said, issued orders to the Seanish Authorities near the frontier, that the rebels from Portugal shOuld not be succoured nor proteeted, but disartntd, removed from the frontier, and totally dispersed. It is further stated, that his Cathnlic Majesty penned with his own hand very positive injunctions of neutrality to his officers along the 'whole line of provinces:by which the territory of Portugal is enveloped. We are likewise told that, on the part of his Majesty Charles X. of France, his Ambassador has been recalled from Madrid ; and, moreover, that a menace has been held out to the, Spanish Cabinet, importing the recall of the French troops from the Peninsula, if any assistance should he given to POrtuguese rebels, or any movement directed Uanist the Portuguese frontierly the Government of his atholie Majesty. And these several acts of the Kings Ferdinand and denies are represented to the world as satisfactory securities far their bona fide intentions of peace and . forbearance towards Portugal.—Now we beg permission to avow that such " securities" are in our judgment no . more than mute paper, and absolute humbug. When the . Preach Cabinet in 1823, declared that its assemblage of troops upon the Pyrenees was actually but a cordon saidraire, and when Louis