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this account it appears that the total number of persons taken into custody was in 1831, 72,824, and in 1832, 77,543. The cases, in the two years respectively, were disposed of as follows; drunken cases, dismissed when sober by superintendents, 23,787 and 25,702; discharged by magistrates, 24,239 and 24,727; summarily convicted by ditto, 21,843 and 23,458; committed for trial, 2955 and 3656. Those committed for trial form part, of course, of the cases already enumerated under the head of Committals for England and Wales; and the drunken cases, and those discharged, cannot be considered as adding to the number of offences. There remain for 1832 the 23,458 persons who were summarily convicted by the magistrates. Of these, 16,052 were males, and 7406 females. Of the latter 2505 were taken up as disorderly prostitutes; and of the whole number, 5859 were charged with vagrancy, 3842 with common assaults, 3505 with drunkenness, 2177 with being disorderly characters, 1511 as suspicious characters, 1009 with the commission of acts of wilful damage, 933 with having unlawful possession of goods, and 932 with being reputed thieves.

Of the whole number of persons taken into custody by the police in 1832, 49,890 were males, and 27,653 females, being in the proportion of not quite 2 to 1. The smallest number of males was taken up in January, the smallest number of females in December; the greatest number of males in June, and of females in July. Upon the whole, however, the increase and diminution were not great. Of the whole number of cases of drunkenness taken before the magistrates, 4893 were cases of males, and 2041 of females; of those discharged when sober by the superintendents, 15,411 were males, and 10,291 females *.

We have no means of stating the number of charges or convictions before country magistrates, although that information would be necessary to enable us to arrive at the whole number of persons annually called to account for offences against the law in England and Wales. In the absence of official returns, any rude guess that might be hazarded as to this matter is extremely little to be depended on. We may state, however, that if we should suppose the number of charges made throughout the rest of the kingdom to be only half as great in proportion to the population as in London, the result would be that about 250,000 charges in all would be made every year, or about one for every fifty-six of the population. This amount, being multiplied by the number of years which a generation takes in passing across the scene of life, would leave hardly a chance to one man in two of not being, some time or other, called at least to meet a formal accusation of having infringed the law, were it not that there is a large class of persons, each of whom bears, perhaps, ten or twenty times his own share of such charges. And, besides all this, it is to be remembered, there are those other risks of coming personally in contact with the officers of the law which arise in attachments for debt, and other civil processes.

We will now, to complete our survey, glance, in conclusion, at the state of crime in Scotland and in Ireland. The House of Commons' Paper, No. 45, contains a statement of the committals and convictions on criminal charges, in the former country, for the last year. The offences enumerated in this statement, which is very minute and somewhat complicated, amount to eighty-eight different descriptions in all, ranging from murder down to vagrancy. For all these violations of the law, there appear to have been, in 1832, committed for trial, 1898 males and 533 females; of which number of 2431, there were liberated, without trial, 539, and brought to trial before the High Court of Justiciary, the Circuit Court, the Sheriff, the Burgh Magistrates, the Justices of Peace, or other court, 1758. The remaining 134 appear to have been reserved for trial till the next year. *We ought to remark that this return is defective in various respects. Although there is a separate statement of persons committed for trial by the magistrates for 1831, there is no similar account for 1832. There is also no recapitulation for 1832, similar to that given for 1831. The consequence of these defects is that a complete comparison of the accounts for the two years becomes difficult or impracticable.-Since this Paper was prepared, a return (No. 354) has been printed by order of the House of Commons, containing a statement of the number of persons committed during 1832, from each of the police-offices in Middlesex, Westminster, Surrey, the city of London, and the borough of Southwark, distin. guishing their several offences. It is impossible, however, to give within a moderate space any summary of the various lists contained in this return,

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Upon the whole year, the convictions and outlawries were 1599, and the acquittals 164: there were also three persons found to be insane. We have thus 2431 committals, 703 acquittals, and 1602 convictions (including cases of insanity), in a population of probably about 2,100,000. In Scotland, therefore, there is only one committal in every 864 of the population, instead of in every 672 as in England; and one conviction in every 1300, instead of in every 1000. The whole number of acquittals and liberations bears a considerably higher ratio to the committals in Scotland than in | England,—being in the former as 1 to 2, while in the latter it is nearly as 1 to 23. This arises from the very large numbers who in Scotland are liberated without ever being brought to trial,-being very nearly one-third of the whole committals, instead of about one-seventh as in England. We believe, however, it is very well understood in that country that by far the greater number of these persons are so liberated, not because they are believed to be innocent, or even because there would be any difficulty in proving their guilt, but in the feeling that they have been already sufficiently punished by their incarceration. The proportion of acquittals after trial, it will be observed, is much lower in Scotland than in England; being little more than at the rate of one to ten convictions, whereas in England it is as one to four convictions. It would be an interesting inquiry, but one which we cannot here afford to pursue, to endeavour to ascertain in how far these disagreements result from differences in the situation of the two countries, and in how far from peculiarities in the two systems of law. Upon the latter head, we may merely observe that in Scotland, in consequence of the existence of a public prosecutor, the expense of a criminal prosecution is never thrown upon an individual; that the jury are not required to be unanimous; and that they have it in their power to acquit the prisoner by a verdict of not proven, as well as by one of not guilty.

The House of Commons' Paper, No. 80, contains a return of the number of offences against the law which have been committed in Ireland during the years 1831 and 1832. This, however, is only a statement of offences as reported to government, not as ascertained by the conviction of the criminals. It is, therefore, a very imperfect document. The offences for 1831 are arranged under thirty heads, and those for 1832 under thirty-three heads; but in neither list are the numbers summed up. The following table presents in one view the general recapitulation for both years :

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THE conflict between the sultan and his vassal or viceroy, the pasha of Egypt, which has terminated so disadvantage

ously to Turkey, obliging her to seek the protection of Russia, the most feared of all her Christian enemies, originated in a quarrel between Abdallah Pasha of Acre and the Egyptian government.

Though nominally professing allegiance to Sultan Mahmoud, the head of the Ottoman empire and the Mussulman faith, both these pashas had been for many years nearly independent of his authority. Mehemet-Ali of Egypt, though by far the more powerful of the two (and probably it was the consciousness of this power that produced his moderation) was moderate, circumspect, and even under circumstances of strong temptation, persevered in a show of reverence and obedience to the Sublime Porte. Not so Abdallah of Acre, a man of hardy presumption and violent passions. In 1822, to go no further back in his history, he boldly threw aside his mask of submission, and at the head of an army composed of Arabs, Druses from Mount Lebanon, and mercenaries from all parts of the Turkish empire, he endeavoured to seize on the pashalic of Damascus, as a conqueror. He was foiled, however, in his attempt, and speedily obliged to retreat. He shut himself up in his strong fortress of Acre, where, by command of the Porte, he was besieged by five neighbouring pashas, foremost among whom was the adopted son of the viceroy of Egypt, Ibrahim Pasha, who afterwards distinguished himself by his campaigns in Greece, and who has lately gained much more fame as commander-in-chief of the Egyptian army against the sultan*.

Ibrahim, and the four pashas his colleagues, with an army of 9000 men, could make no impression on Acre, and, after a ten months' siege, Mehemet Ali, pasha of Egypt, having become mediator with the Porte, the daring Abdallah, who could not be beaten, was pardoned by the sultan, and restored to his former honours, on condition of paying a heavy sum of money as a fine; which was not punishing Abdallah but the unfortunate people over whom he ruled; for in true pasha fashion he wrung all the money that was paid, from the poor Syrians.

Mehemet Ali had the whole of the merit (such as it was) of effecting this reconciliation, and of removing the scandal of seeing the emperor of the Ottomans defied by a contumacious vassal in a corner of his dominions; and in this transaction he conceived he had laid both Sultan Mahmoud and Abdallah Pasha under obligations to himself. From the latter, it is certain, he thenceforward exacted more deference than that proud chieftain was inclined to pay. To the sultan, he continued the same line of respectful submission, in which he had so long persisted. It is stated by those who had good opportunities of judging of the pasha of Egypt's conduct and motives, that he withheld himself from the fatal war in Greece as long as he could consistently with the allegiance he professed to the sultan, and that he never entered upon that war with national zeal.

In 1824, however, when he was known to have a regular army of 24,000 men, well disciplined in the European manner, besides his irregular forces, he complied with the demands of the Porte, which he could no longer resist without incurring the suspicions of his liege, and embarked for the Morea four regiments of infantry, making 16,000 men, four companies of sappers and miners, and about 700 horse (the flower of his army) the whole under the command of his adopted son Ibrahim Pasha. Escorted by the then very respectable Egyptian fleet, 100 transports with this army on board sailed from Alexandria in the month of July, 1824. It was confidently anticipated by the mass of the Mussulman population of the empire, that this force would vindicate the cause of Mahomet, preserve the dominions of the sultan from dismemberment, and reduce the Greeks, as a former army of the pasha of Egypt's had reduced the rebellious Wahhabees. It might, indeed, have done all this but for the intervention of England, France, and Russia, in favour of the unfortunate Greeks.

It may be agreeable to know something of the character and appearance of this man, who certainly deserves the epithet of extraordinary. He is thus described by a French officer, who knew him well.

"Ibrahim's character is hasty and violent, but he easily recovers from his excesses of rage; his bravery and obstinacy are well known. His perseverance in danger increases in proportion to the obstacles he meets; he only sees his object, and bounds forward to attain it. His person is far from agreeable, being that of a rude and robust warrior."-Planat. De la Régénération de l'Egypte. Paris, 1830.

It may be well to notice at this point the circumstances of the revolt and suppression of the Wahhabees, as showing some of the more valuable services performed in favour of Sultan Mahmoud by Mehemet Ali.

The Wahhabees, or sectarian followers of the schismatic Abdool Wahhab, were spiritual and political puritans-fanatic reformers of the Mahometan church and Ottoman state, who sprang up in the deserts of Arabia, and, aiming at an entire change in the existing state of things, from the beginning of the last century defied the arms of the Turks and a succession of eight sultans. They had advanced from the remote Arabian district of Ared, had beaten or foiled the troops of the most powerful pashas sent against them by the Porte, had taken Mecca, the holy city, and had despoiled and desecrated the tomb of the prophet Mahomet; for such things were as odious in the sight of those reformers, as monasteries, and cathedrals, masses and votive offerings, were in the eyes of the followers of John Knox. Matters were in this condition, and the enthusiastic Wahhabees not only threatened a radical change in many of the dogmas, and in all the practices of the Mahometan faith, in the very spots where that faith first arose, but gave most serious grounds for alarm as to the integrity of the Asiatic dominions of the Turks; when Mehemet Ali, who had consolidated his power in Egypt, took up arms against them. After an arduous struggle, of which the reader may form a competent idea by referring to the curious memoirs of "Giovanni Finati," an Italian adventurer who served with the Egyptians, the arms of Mehemet Ali, aided by his profound and astutious policy, prevailed; the Wahhabees were driven back to the deserts, to scenes more suiting the austerity and simplicity of their doctrines; the prophet's tomb at Mecca was again open to orthodox Mussulmans, and the Porte was relieved from a long dreaded enemy. This was done in 1818, and as all was done in the name of the sultan, he had the glory of it, and the advantage of being, for a time, considered by the orthodox Mahometans in the light of a defender of the insulted faith.

Though thus defeated and expelled from Djedda, Mecca, Medina and the whole neighbourhood of those important places, the Wahhabees several times reassumed the offensive, and in the commencement of the year 1824, they occupied the gorges of the chain of mountains that defends their country, and kept the holy cities in a state of alarm. In the month of February, only five months before he embarked Ibrahim Pasha and his army for the Morea, Mehemet Ali was obliged to despatch a considerable force by Cosseir, the Desert, and the Red Sea, to make head against those Arabs. This force checked the Wahhabees and saved the holy cities.

To return to Mehemet Ali's efforts to recover Greece for the sultan, in October 1825 he sent 8000 more disciplined troops of the line to Ibrahim Pasha, together with a good supply of field and battering artillery, and ammunition.

With these reinforcements Ibrahim carried on a successful, but a barbarous warfare; he retook nearly all the places lost by the Turks, and the remnant of the Greek people was doomed to transportation into Egypt, and their place was to have been supplied by submissive colonies from the banks of the Nile, when the treaty of the 6th of July, followed up by the battle of Navarino, arrested his destructive triumph, and secured to Greece an existence as an independent state. Before that crisis, overtures were made to Mehemet Ali in the name of the allied powers, to withdraw his troops and fleet from the Morea, and to detach himself from the sultan, at least inasmuch as related to the Greek war, which those powers had determined should cease. How far beyond this the proposals made went to affect his allegiance to the sultan, is known to Colonel Cradock and others who were in the diplomatic secrets. About the time of Colonel Cradock's arrival (August, 1827) in Egypt, the pasha was smarting under the bad news, that the Wahhabees had again issued from their mountain gorges and even taken Mecca once more; he was in immediate want of troops, to defend the countries under his own government; he knew the weakness of the sultan, that a war with Russia was imminent, that the fleets, not only of Russia, but of England and France were in the Mediterranean; but he still persisted in fidelity to his liege, and though, it is said, guarantees were offered to him for his future security, he would give no other answer to the representations made to him on the part of the allies, than that he was a subject of the Porte, and could enter into negociations only on the express order

of the sultan, and in the sense he (the sultan) should de- | no enormity, no other attack on the prejudices of the Mustermine. This fidelity cost him his valuable fleet.

It will be remembered also, that even after the catastrophe of Navarino, Mehemet Ali was slow in withdrawing his troops from Greece, and that he affected to act in everything as the

sultan's most submissive servant.

The clearly foreseen war with Russia then took place ;it exhausted the sultan, and the second campaign saw a Russian army almost at the walls of Constantinople. Mehemet Ali might have declared his independence and laid his hands on Syria, in those moments of misfortune and weakness; yet he remained quiet and respectful, though backward in paying all the demands made on him for money by the Porte.

The Russian war was soon followed by the dangerous revolt of the Albanians, which cost the impoverished sultan much money and many men. So deranged, indeed, was the state of things produced by this struggle, that when Mr. D. Urquhart, who has just published an interesting work on Turkey and Greece *, travelled through Albania and European Turkey in 1830, during the sanguinary contest, he entertained" very little hope of seeing the country tranquillized, or the Turkish rule prolonged." This, too, one would have thought a favourable moment for Mehemet Ali to develope the ambitious plans he has since acted upon, yet still he remained quiet; and it is curious to observe, (a fact mentioned by Mr. Urquhart) that out of those very Albanians, who would then have assisted his attempt, by diverting the arms of the Turks in Europe, the sultan, after reducing them to order, mustered 6000 brave soldiers, who were the nucleus and strength of the grand vizier's army in Asia Minor, and by far the most formidable foes with whom the Egyptians have had to contend in their advance on Kutaiah. At last, in November 1831, the quarrel between Mehemet Ali and Abdallah Pasha of Acre, broke out.

sulman people could have done so much to dethrone him in their hearts, as this last fatal proceeding. The orthodox Mussulmans had, indeed, long considered parts of his conduct as contrary to the laws of the prophet; but on learning that he had summoned the Muscovites to his aid, they held him as a downright ghiaour or infidel. This feeling was more particularly declared in Asia Minor, where Ibrahim was then encamped as a conqueror, for the Turks there are much more bigoted than the Turks in Europe.

Nor does it appear that the sultan has gained anything by thus debasing himself, and offending the prejudices of his people. Even after the arrival of a Russian fleet and army at his capital, he has had to make peace with Ibrahim through the medium of a French diplomatist, and to grant to the pasha of Egypt the very terms the pasha would have accepted at the beginning of the campaign, and neither less nor more than he demanded before the arrival of the sultan's Muscovite allies*. Unless the troops and population of the place had risen against him, Mahmoud was safe in Constantinople without the Russian aid. Ibrahim Pasha could not have crossed even the narrow Bosphorus without something like a fleet, and the introduction of a fleet into those seas by the Dardanelles, though once effected by the English, was far too bold a project for the Egyptian marine. The fact was, Mehemet Ali not only never thought of attacking Constantinople, but he never thought his army would go so far as it did into Asia Minor.

The causes that facilitated the extraordinary progress of Ibrahim Pasha merit attention. One of the greatest difficulties in the opinion of Europeans who had travelled in that country, was the obtaining of provisions for his army. These gentlemen had seen the arrival of only six or eight individuals occasion an apparent dearth in a village; but they had travelled with an escort of armed Turks, from whom the timid inhabitants carefully concealed all signs of wealth and abundance. On Ibrahim's approach, as it was found he made no military extortions, and paid for all that was furnished for his army, the cultivators flocked to him with their hidden stores of grain, and he thus found comparative abundance, where a Turkish army probably would not have been able to detect a bushel of corn. We have this information from persons who were in the country at Abdallah had been any thing, rather than a submissive the time. Moreover, ever since the year 1829, whole disor faithful vassal to the sultan; the sultan, however, natu-tricts in the interior of Asia Minor had been in almost a rally averse to see pashas carrying on war on their own account, (though such things have not been rare in the Turkish empire,) reprobated the conduct of Mehemet Ali, and espoused the cause of Abdallah.

Proceeding now without waiting for orders from the Porte, an Egyptian army with proper artillery and European engineer officers (in all, very superior in quality to the force that ineffectually besieged the same place in 1822) laid siege to Acre, and took it on the 27th May, 1832, after a bold resistance of six months. The fierce Abdallah was carried as prisoner of war to Mehemet Ali, who treated him with great respect.

We cannot determine how far the angry, uncompromising tone assumed by the Porte may have influenced the conduct of Mehemet Ali; but it is natural to suppose he would never have given up Acre, which had belonged to Egypt at no very remote period, and had long been an object of desire in his eyes. And then Acre, as Bonaparte felt when he besieged it, was the key to Syria, and having taken it, having taken the first step, which is the one that costs most,-Mehemet Ali may not have been able to resist the temptation of so easy a conquest as lay before him, and the prospect of uniting under his rule, the dominions of the Fatimite caliphs of Egypt, viz., Egypt, large tracts of Syria, and the whole of Palestine.

continual state of revolt. They longed for a change of masters, and welcomed an army of the same faith as themselves, led on by the guardian of the holy sepulchre of the prophet, as friends and deliverers. And then, that army itself was infinitely superior in quality to that which the sultan had to oppose to it. Mehemet Ali, who had long before annihilated the power of the turbulent Mamelouks, began his military reforms in 1815. Mahmoud did not dispose of his turbulent janissaries, and commence the formation of a disciplined army à Européenne, until 1825. The pasha had thus the incalculable advantage of ten years over the sultan. He had also a set of instructors; a staff of fifty French and Italian officers, all men of experience, and some of them men of distinguished talents in their profession, and conversant with all that enters into the organization and disposing of an army. The sultan had scarcely six European officers of any merit, and Calosso, the best of these, was merely a good cavalry officer. Excepting the 6000 Albanians we have mentioned, and who were excellent troops, the grand vizier, when he met Ibrahim in the field, had nothing but undisciplined hordes, an ill-armed rabble. The sultan could not spare his tacticoes from Europe. Add to all this, the Egyptians had a retrospect of victory. They

Whatever were his motives, the fact was, he sent forward Ibrahim with an Egyptian army, which overran and occupied Syria almost without resistance. He would willingly have stayed his career of conquest on the Syrian frontier, and here, had the sultan properly attended to his own weakness, he would have treated with his emancipated and powerful vassal, permitting him to retain what he could not hope, at present, to wrench from him. But Mahmoud * Mehemet Ali's condition, that Adana should be ceded to him, was obstinate, and the successful Ibrahim penetrated into caused some delay in the negociations. The prize, however, was Asia Minor, and advanced towards the capital of the Turk-worth contending for. The district of Adana, situated in a corner, ish empire. The sultan, too late, conscious of his want of between Syria and Karamania, though not extensive, is fertile, strength, then called in the aid of the Russians--his enesalubrious and beautiful. The Pasha of Egypt pretended to covet mies of but the other day-the power that by prophecy and possession of it on account of its fine wood and materials for shiplong belief, the Turks look upon as the sure destroyer of their whence he might avail himself of the advantages presented by the building; but it is more than probable he looked tit as a place empire. Nothing that the sultan has done, or left undone, contiguous coast of Karamania. What those natural advantages are, and what is the present impoverished, distracted state of that country, with many other matters of great interest, the reader may learn from Captain Beaufort's admirable volume on Karamania.

Turkey and its Resources," &c. &c. London. 1833. + At the same time, in European Turkey, the Servians had asserted and secured their independence, and the Bosnians, who had formerly furnished brave troops, scorned all intercourse with the

Porte.

This title was bestowed by the sultan on Ibrahim, after he had recovered Mecca and its treasures from the Wahhabees.

The regular troops of the Sultan are so called by the Franks.

had been victorious in Arabia against the Wahhabees, in Dongola, Sennaar and Cordofan, in the Morea, and before Acre; whereas the Turks had scarcely anything to look back upon, except a lengthened series of defeats. We trust these few words will render intelligible, the success of Ibrahim Pasha against the Sultan.

In an article in Blackwood's Magazine' for June last, all the misfortunes that have befallen the sultan, are attributed to his having disturbed the old order of things, and meddled with the elements of reform! Does the author of that article know what was the execrable old order of things in Turkey? or does he fancy that the despised, unwarlike janissaries, who, for so many years, had ceased to be formidable to any others than their own sovereign, their peaceable countrymen, and the Christian and Jewish rajahs, would have been more successful against the Russians, than the sultan's disciplined troops? The reverses of the Ottoman Porte are not attributable to any such cause. Constant defeat had heaped dirt on the national banner; the empire, before reform, was hurrying on to the last stage of dissolution, and reform might have saved it, had it not been attacked by the Russians before reform was matured, or had time to develope its benefits. It was, then, not reform, but the interruption of reform, that laid Turkey prostrate. And was not this writer, who goes to the flagitious old Ottoman government for arguments in support of Tory principles, struck with the brilliant successes of Mehemet Ali? and can he deny that the whole and sole source of the means by which those successes have been achieved, sprang from the matured reform the pasha of Egypt had effected in his own dominions?

PROPOSED CHANGE IN THE LAW OF LIBEL. ACCORDING to the present practice of the English law, when a person who conceives himself to have been injured by a libel brings an action for damages against the author or publisher, he will fail to obtain a verdict if it shall be proved that the statements of the libel are true. Satisfactory evidence to that effect is held to be an answer to the charge. The admission of this principle has no doubt been forced upon the courts by the obvious consideration, that otherwise a man without shame might make a trading stock of his bad character and immoral conduct, committing disgraceful acts for the mere purpose of afterwards filling his pocket at the expense of whosoever should expose or

notice them.

When the author or publisher of what is asserted to be a libel, however, is called upon to answer for it on an indictment, that is to say on a demand, not that he shall be made to pay damages to the prosecutor, but that he shall be punished as one who has committed an offence, it is not allowed to be any justification of the libel that its statements are true. The question of its truth or falsehood is not permitted to be brought forward.

The apology which is made for this mode of proceeding in the law is, that every uttering of a libel is in itself a crime, and as such, obnoxious to punishment. It is an act which, for certain reasons, good or bad, has been interdicted; and, therefore, merely to plead that the libel is true, without proving that it has not been uttered, can be no answer to the charge.

Those, consequently, who contend for the admission of evidence as to the truth or falsehood of the libel, on the trial of an indictment respecting it, must be understood to demand the abandonment of the principle or rule of law which declares the utterance of a libel to be in itself always a penal act, and the adoption of the entirely different principle, that a libel shall only be held to be a crime in certain circumstances. What these circumstances ought to be, is the next point to be determined.

In regard to this matter, there are only two propositions which have been made the first, that the utterance of what the law now calls a libel should only be held to be a crime when the person so charged shall fail to prove the statements of the libel to be true;-the second, that proof of the truth of the libellous statement shall not be admitted as an absolute justification of the utterance, but shall nevertheless be allowed to be brought forward, for the jury to give what weight to it they may think fit.

This short account will put the reader in possession of the various conflicting views to which the subject has given rise, and of the general grounds upon which each professes

to rest. Early in the present session, a bill was brought into the House of Cominons by Sir Francis Vincent, one of the members for St. Alban's, to alter and amend the laws respecting libels, which at present stands for a second reading on Wednesday the 3rd of July. It is not probable that the bill will now pass this session; but there is little doubt that this or some other measure of a similar character will very soon receive the sanction of the legislature.

The principle upon which Sir Francis Vincent's bill proceeds is that which we have mentioned as the second of the two propositions that have been suggested for the improvement of the present law. One of its enactments is," that in every proceeding for a libel, whether the same be by action or indictment, it shall be lawful for the defendant to give in evidence the truth of the matter or imputation contained in, or conveyed by, the publication charged as a libel." The evidence of the truth of the libel, in other words, is to be tendered, not as its absolute justification, but as an essential part of the case on which the jury are to pronounce their verdict.

Public opinion may be said to be made up as to the absurdity and oppressive character of the principle that a libel is, in all cases, as deserving of punishment when it is true, as when it is false. The law has never yet distinctly defined what a libel is; and by Mr. Fox's celebrated act, passed in the 32nd year of George III, the determination of the question, whether the publication charged be a libel or no, is left with the jury. It has been commonly said, that in this case, we have a singular instance of juries being called upon to decide a question of law as well as a question of fact; but if such a duty were really imposed upon juries by Mr. Fox's bill, it would, in our opinion, be but little deserving of the commendation which it has generally received. Juries are obviously incompetent to pronounce upon questions of law; to do this is the province of the judge. But it is, in truth, because the question of whether any publication be or be not a libel is not a mere question of law, but, to a great extent, if not mainly, a question of fact, that Mr. Fox's bill has most properly left its decision with the jury. It is as much a question of fact as is the question whether any particular act or thing which is complained of be or be not a nuisance; or the question whether the killing of a man, in any given circumstances, be a murder or a homicide; or many of the other questions, the determination of which is equally left with the jury. In the instance of a libel, precisely as in all those other instances, the jury are, especially since the passing of Mr. Fox's act, called upon to deliver their verdict upon a consideration of the whole case, and with all the circumstances before them. They are called upon to say guilty or not guilty, of having published a libel, not of having published the libel.

It is true that, while confiding all this discretion to the jury, the law may still consistently say, that the truth or falsehood of the statement shall not be taken into consideration as one of the ingredients affecting its libellous character. But to lay down such a principle as this, seems, at any rate, to be neutralizing nearly all the benefit of the power allowed to be exercised by the jury, and making the transference to them of the duty of deciding whether the subject of the charge be a libel or no, appear to be without either propriety or meaning. If there be one consideration which more than any other is likely, in certain cases at least -we should indeed say in most cases-to sway the opinion of a jury as to whether a particular writing, or other utterance, deserved to be declared criminal, it is precisely that of its truth or falschood. Let the law say what it may, therefore, we may be quite certain that this consideration will seldom be really overlooked by the jury. Evidence distinctly bearing upon the point may be prevented from being brought forward on the trial; but it is impossible to prevent an impression being made as to how the fact really stands; and upon that impression the jury will act. They will not be disposed, in a multitude of cases at least, to pass the same condemnation upon the author of a statement which they have reason to think is perfectly true, however libellous, as they would do upon the author of a similar libel, every sentence of which they believe to be a falsehood, uttered in the knowledge that it was false.

This, then, is the state of the case. The fundamental and guiding principle of the law may be considered as having been laid down in the express statute which gives the right of deciding the question of libel or no libel to the jury. If

the law is to be consistent with itself, and not to fight by one of its provisions against the object which it affects to promote by another, all its arrangements ought to be brought into accordance with the spirit of this its leading regulation. But, for the reasons alluded to above, juries, entrusted with the power granted to them by Mr. Fox's act, will not, in judging of the criminality of a libel, overlook the circumstances of its truth or falsehood. If they are not allowed to obtain a knowledge of that circumstance from the direct evidence brought forward on the trial, they will still found their verdict upon what they may merely believe or suspect regarding it. Nothing therefore is gained by preventing the point in question from being made the subject of evidence. The law, in laying down this prohibition, merely attempts what it cannot compass. It may exclude the evidence from the court, but it cannot exclude the consideration of the matter from the minds of the jury. The only effect is to leave them to come to their determination on a vague, and it may be erroneous guess, instead of on correct and clear information as to the fact.

Nor does there appear to be any sufficient reason for laying it down as a general principle, that the truth or falsehood of the libel is really unimportant in reference to its criminal character. It is commonly said that an injurious imputation directed by one person against another, even although true, has still a tendency to interrupt the peace and order of society; and, on that account, ought to be punished. But if every act were to be prohibited to which that tendency might be ascribed, the business of the world could not be carried Profligacy and insolence would have it all their own | way. It would be to surrender the rule of human affairs, without resistance or question, to mere might and wrong. But this notion is really, we believe, nothing more than a popular misconception arising from the charge in an indictment for libel, as in all other indictments, that the act of the defendant was done against the peace of our lord the king -which means, simply, that it was done in violation of the law.

on.

The true ground on which the present law of libel stands, would rather seem to be that, if an individual has committed an act deserving of blame, it is not fair to call him to account for it in any court, except upon the trial of a charge regularly made against him. On a trial, for example, with regard to the criminal character of a particular publication, it is not fair that the person, whose conduct the publication attacks, should be called upon to defend or explain that conduct. This, it is said, would be in fact to try two distinct questions, affecting two different parties, at one and the same time.

cases in which the truth of an injurious imputation ought certainly not to be received as a justification of its utterance. Some particular passage in a man's history, in which he has deserved blame, is not to be allowed to be constantly held up to his annoyance, by any one who chooses, out of pure malignity, or from some other base or private motive to do so. Proof of something more than the truth of the statement ought surely to be required in such a case to justify the libeller. He ought to be called upon to show, in addition, that his object was a good one.

The bill before us contains a variety of other new regulations; but these we do not at present notice, as they can hardly be said to involve any important principle, and may also be, some of them, altered before the proposition shall pass into a law. The point to which we have confined our attention forms the essential enactment of the bill.

CORPORATION REFORM.

WE refer our readers to an article in the first number of the Companion for a general view of the origin and present state of our municipal corporations, and of the principal points in their constitution, or at least in the condition into which they have fallen, that require alteration and reform. The Report of the Select Committee of the House of Commons appointed to inquire into the state of these bodies in England and Ireland, has now been printed, along with the Evidence taken by the Committee in twenty-seven sittings, from the 25th of February to the 3d of May in the present year inclusive. The whole forms a volume of nearly 400 pages.

The Report itself, however, is very short and general. The Committee, conceiving, as they state, that they would best discharge their duty by inquiring how far Corporations, as at present constituted, were useful and efficient, rather than by seeking to detect past abuses with a view to their exposure or punishment, confined their examinations principally to corporate officers, from whom, of course, they could expect to ascertain little more than what they might have derived from an inspection of the charters of the several boroughs. Yet even upon the information thus collected, they have come to a conclusion strongly unfavourable to the existing order of things in almost all our corporations. The following passage in the Report enumerates and explains the principal points which they conceive to call for attention in the contemplated revision of the system :

"The jurisdiction of corporations is defective in some cases in consequence of the town having been extended beyond the limits of the ancient borough; and, in other cases, it is objectionable, from extending to places that are distant, and more properly falling within the jurisdiction of county ma

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The principle which prevails of a small portion of corporators choosing those who are to be associated with them in power, and generally for life, is felt to be a great grievance. The tendency of this principle is to maintain an exclusive system, to uphold local, political, and religious party feelings, and is destructive of that confidence which ought always to be reposed in those who are entrusted with control, judicial or otherwise, over their fellow-citizens.

But there is not much, after all, in this plausible reasoning. In many other cases, as well as in that under consideration, the same legal investigation may be regarded as having for its object the examination and decision of two several ques-gistrates. tions at the same time. Whenever the fact of one party being in the right depends upon and involves the fact of the opposite party being in the wrong, there are two questions examined and decided by the same trial. Now this is precisely what would happen on a trial for libel under the proposed new law. Whenever evidence of the truth of the libel was accepted by the jury as its justification, their verdict, acquitting the defendant, would indeed in so far condemn the plaintiff. But, on the other hand, it would not condemn him to any punishment, even if the charge made against him in the libel should have been a penal one. It would only assert that he was not placed in circumstances entitling him to demand the punishment of the defendant.

But the shortest, and at the same time the best, answer to these and all other objections which may be urged against the proposed amendment of the law, is found in the fact already noticed, that in an action for damages on account of a libel, evidence that the libel is true has long been allowed to be brought forward on the side of the defence. It cannot therefore be pretended that any actual inconvenience would follow from the introduction of the same rule into the trial of indictments. The innovation might, indeed, injure a little the technical symmetry of our legal system; but that, we believe, would be the whole amount of its injurious effect. We have said nothing in illustration of the desirableness of having the publication of the truth, in general, secured from punishment; that being, we conceive, too obvious to be disputed. At the same time we hold that the present bill takes the proper line, when it proposes to admit evidence of the truth of the libel, not as its absolute justification, but only as matter for the consideration of the jury. There are

"One of the consequences of this system of close election has been, that publicity has been rarely given to the amount and application of the funds belonging to the different corporations. It is probable that, if in this respect the corporations had acted under the influence and control of public opinion, their debts would have been less in amount, and more benefit would have been conferred on the community. It is desirable, therefore, that the management and expenditure of corporate funds should be subjected to a systematic and efficient control.

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The powers vested in corporations for the administration of justice, both criminal and civil, are various and extensive, and are among the most important objects of inquiry. In some cases, the choice of recorders has been, both in practice and in principle, highly creditable to the corporations; in other cases, recorders have been chosen of unexceptionable character, but selected rather on account of their rank and station, than from a regard to their fitness to discharge the duties of the office. The way in which the juries are summoned seems to be left too much to the discretion of the parties whose duty it is to summon them. There are no regular lists of those liable to serve on juries, and there is no control over the discretion of the officer, who selects, from

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