The Express.
London, England, 1848-03-24 00:00:00

THE EXPRESS, FRIDAY EVENING, MARCH 24, 1848.

this: The brig Peru, • smuggling vessel, laden with tobacco,
was forced into the harbour of New Ross, in 1822, by stress
of weather, and Capt. Dillon, who was then stationed there,
went out to capture her, and drove her into the harbour of
Kinsale. There the vessel was taken in smooth water by •
person named Masten. The vessel, with the cargo, was sold
for 63,000 L, of which Masten got 11,7001. Now, he
nmin.
tained that it was not necessary for Capt. Dillon t have
pursued the brig into the harbour in order to entitle him to
compensation. Tue cue had been referred to Sir E. Codring-
ton,and he gave his award against Capt. Dillon on the ground
that the react was bound for France. In consequence of that
decision Capt. Dillon went to New York, and he then ascer-
tained from the books of the Customhouse officers that the
vessel was bound for Ireland. He maintained teat Capt. Dil-
lon'. claim was valid ice point of law, and it was no answer
to say that the exchequer was empty. The very fact of the
government bovine/ paid Capt. Dillon 1801. showed that they
recognised the justice of his claim. The case of this gentle-
man was not perfect heretofore, because he could not prove
that the vessel was not bouad for France. That imperfection
was now supplied, and he wanted to knew what reason the
Lords of the Treasury could allege for not making Capt. Dile
lea:compensation. He hoped that the time which elapsed sines
the transaction took place would not be set up as a bar to his
claim. The hon. gentleman concluded by moving that the ,
house resolve itself into a committee this day fortnight fir
the purpose of moving an address in the case ef Capt. Dillon.
Mr. PARKER said that it was the duty of the 'Treasury,
in deciding upon the claims of individuals, to take care that
they were fully and clearly established. (Hear.) He would
assume that the Peru was a smuggling vessel, and that its
object was to laud contraband goods OD the coast of Ire-
land. No doubt Captain Dillon was desirous of ccpturing
the vessel, and he sailed out after the l'eru ; but that ves-
sel being stronger than his own, he returned re infecto.
Subsequently the Peru put into Kinsale from stress of
weather, and was there seized, and the proceeds were dia
tributed in the manner usual iii such cases. Capt. Dillon
never put in any claim at that time. lie did not take any
steps in the matter from 1822 to 1829. After that period
his applications were indeed very numerous, and his
efforts were most per evering. When the question was
brought before Lord Althorp, he said that Captain
Dillon was not entitled to compensation. Subsequently the
subject was referred to Sir E. Codrington, but he only
pronounced his judgment with reference to a professional
point, and not as to the justice of his claim to compensation.
There was no imputation on the character of Capt. Dillon
for want of bravery, but it was considered that what he did
in the affair did not entitle him to compensation.
Mr. HUME said that he was of opinion that Capt. Dillon
had not established his claim to compensation. He could
bear hie testimony to the anxious conelderation which Lord
Althorp gave this subject. He thought Lord Althorp's de-
cision was a correct one, and he saw no reason to alter that

opinion.
Mr. AOLIONBY said that he gave considerable attention
to this subject, and he came to the conclusion that Captain
Dillon had been ill-treated.
Mr. S. CRAW FORD was confident in Wooten mind that
Capt. Dillon wesentitled to compensation.
Mr. WAKLEY thought no adequate answer had been
made to the statement of the member fur Nottingham.
Dr. POWER brit Hy supported the claim.
The CHANCELLOR of the EXCHEQUER had con-
sidered the case with the moat anxious regard to justice, and
had come to the unhiaise4 decision that Capt. Dillon hail no
claim whatever for compensation. At the same time he
thought there was no pretence for any charge %Ton his pro-
fesaional character. But Capt. Dillon had not captured the
Peru ; he had driven her off the coast and prevent, d her
landing her cargo, but he had nothing in the world to do
with her putting into Kinsale or with the seizure of her cargo
when she got there.
Mr. AGLIONI3Y asked if it was not true that Capt.
Dillon's vessel gave the l'eru chase, and that she went into
Kinsale in consequence of the damage she received from
his fire ?
The CHANCELLOR of the EXCHEQUER said that
Capt. Dillon might have given the Peru chase, but that he
kept up a lire at her from bis hosts he ventured to doubt.
Mr. F. O'CONNOR replied. It had been distinctly
proved by the ship's carpenter that Capt. Dillon did keep up
a fire at the Peru. He lelt it to the house, whether a man
who had spent his whole substance in an effort to obtain
justice, should now, he righted or not.
The house divided—For the motion
59-51
Against it
GAME LAWS.
Mr. BRIGHT then rose to move for leave to bring in a bill
for the repeal of the game laws. lie said he should make no
apology for offering this motion to the attention of the house,
except that which mght be due for having so long delayed
bringing this subject forward. It was in 1845 that he obtain, d
a select committee to inquire into the operation of these laws.
That committee was of a character as impartial as could peke
sibly be obtained, and the majority was constituted of those
who disagreed with his (Mr. Bright's) views. The commit.
tee examined about sixty witnesses, twenty-one of whom
were teneet-fanners. It was proved before that cimmittee
that game were mist destructive to agricultural produce. Mr.
Bites, of Luton Park Farm, said that in thirty acres of
wheat he hail had damage awarded amounting to 1181.
Mr. Redding, a tenant of Lord Folkestone, showed
that in forty-five acres he had damage done
amounting to 1721. In four years previous to 1845 he lost
4601. on wheat and barley land alone ; or 11.51. per annum
without reckoning turnips and green crops. Other wit-
shies proved similar facto.
Mr. 3.11e11, Salisbury, damage to his mowing crops in 1044, on 223
save, 4161. 81. —Mr. Chambers, Norfolk, farms, 0,000 mares not
rnt
land, 1844, line near I,oool.—Mr. W. sewell, near Swaffhara, re
1,0241., damage Mr one year, estimated on 700 acres, was 700/.
Mr. A. Gordon, Wenlock farmers' Club, 11441, loss on his own farm,
1301, en Si acres; 1042, loss on his own farm, 051., on 10 acme;
1844 and winter of 11145, tom oa his own farm. 1141.—Mr. Woodward,
liemprey, Wormaterehire, 5165 USCG of Lord Coventry, 200 acres of his
own land, 1644, lm, MI. by game oa the land he rented from Lord
Landide, surveyor, ttrealiire, 1641, six farms,peo-
=Capt. Wernysis, 1,059 Scotch arms, valued lova 655/. ; 1841,
estimatol near 1,000/., Capt. Wemyse paid the rums awarded
according to agreement in the leases of the six farms.—Mr. 3. W.
%c sear Bury St. Edmunds, 1,00 acres of arable land, Nov.
it ewes of wheat so in
ringartrides and winged game
SS enmeshed it up, lose of pun unit solving this wheat crop
=I/11W taxation lilt., name low double that sum.—Mr. W.
Mr Louth, 740 acres, Duke of Newcastle; 1843, 23 acres of
whist *imaged, valued at 1501., game injured him to. pen acre on
whets bon or 1851., but all Ms taxes not much over W.—Lincoln-
Alm, near Krttlehy, Thorpe, 1844, farm 500 acres, boon 2401., emu
sere. of wheat wen. .otally destroyed bygone.
I The only tenant-farmer who was brought up to
give evidence against the repeal of the game laws
was a Mr. Taylor, who was agent to Sir John Shel-
ley, in Sussex; but even be admitted the great damage
that particular sons of game effected. It bad been said by
Lord Salisbury before the committee, that 12 hares could not
consume as much as a sheep. Ile thought much weight
could not attach to evidence in which such an opinion could
be incorporated, for the experiment had been tried.
A Mr. Gaylord had kept, in one place, 12 hares,
and in another place 2 sheep. In six weeks the 12
hares consumed of oats, beans, B:e., 33 bushels and 3 pecks,
weighing 68 stones, and costing lbs. 21d., whilst in the same
time the 2 sheep consumed only 2.5 bushels, 3 pecks, and 2
pints, weighing 45 stones, and costing lbs. 91d. Thus the
consumption of the 12 hares exceeded, in 6 weeks, the con-
sumption of the 2 sheep by 8 bushels, or 23 stones of food,
costing 4s. 50. Within a fraction, therefore, 41 hares con-
suite das much as a sheep whilst in confinement, and of
course the calculation did not include all that would have
been destroyed and injured had the hares been at large.
Every farmer to whom the question was put, and the ques-
tion was put to every farmer called, declared that game was
prejudicial to agriculture. As to the cases in which the
game on land was let to a third party, it was peculiarly im-
possible for the fanner to cultivate his land to advantage-
Any man renting the game over a farmer's land might, as a
witness, Mr. Villebois, had described the matter, preserve as
much game on it as he chose-10,000 partridges, and 10,000
pheasant., and 10,000 hares, if he liked, and still as many
more -if he liked, and have a whole regiment of keepers to
guard his game, every. keeper having the right to go over
the land, in all directions, and at all hours of the day or
night. It was impoesibled that farmers could prosper, or that
labourers could obtain employment as they ought to do,unless
this real burden upon land—a burden which those who made
such an outcry against burdens upon land did not advert to—
wns removed. The manner in which the game laws were
administered by the country magistrates afforded another
strong reason why the game laws themselves should oe done
away with. Mr. Phillipps, in his evidence before the
committee, had stated the fact, that it having been
found necessary, in consequence of complaints on the
subject to government, to direct copies of all commitments
under the game laws to be forwarded to the Home office, it
was ascertained that in one year alone, the year ending
March, 1845, there had been no fewer than 1,849 commit-
meats, under the game laws, of which forty were absolutely
contrary to law, and the prisoners were accordingly dis-
charged by government, while in principle other cases were
characterised by the most monstrous irregularities. As to
the moral effect of the game laws upon the rural
I Population,that effect was most pernicious. The penalties
inflicted were in no Instance regarded by the sufferers as the
just retribution of the law for a punishable offence, but as
the tyrannous acts of partial magistrates, either the actual
preservers themselves, or iufluenccd by their friendship fur
the prosecuting landlord. As a proof of the want of confi-
dence in the magiatracy un the part of the government, it
was sufficient to state that the Home Secretary had just
recommended that cases of night poaching ;should be trans-
ferred from the sessions to the assizes. So long ago as 1796
Mr. Fox denounced the game laws as fraught with the most
demoralising effects upon the rural population ; and repeated
committees et the House of Commons corroborated this
opinion, by evidence from all parts of the coun•
m. In his evidence before one of the com-
ittees, the right hon. member for Ripon (Sir J.
Crakes) had declared as follows :
lan myself a preserver of game, and, being so, I embed to
moan that the most tenant source denim in my immediate nigh-
Manhood is connected with pre, and with the preservative of
ft • • • I think the lower erases, la summon with the iddlien,
bens a love, a natural love, of dee wed. wow stimulated ember by
the rein Weediest an Um
!hestpadlsel meg awns, also,
is a great loimmennt te Nand M Met I drill =riti
my own reerldle nsied ire ends wet
ever err* ft. • • dolw Wilt=
urea *pre wen delft thea it nesSls
err, era saws alsefrorrerss s sot
due I lave sj 'sal prided losetheseeek riethethsthee
di say elder le pernt de Nible, vadiNkkaiss4Wellear
elle* * Loner liewiertg seaba
the MI %MEM et Ore
==itssaisali Yea
le the imp tellers le take them. • • • Use thewaoMd
I shah think goesishet Ma" rather than the ememellment*
criminal habits.
As to the extent of offences under the>e laws, the Duke of
Richmond had stated that,
The system masks MSS* witit thislarefin earedesees—lt in-
creased and heightened the liniesbetweee time Vslem, Ile middle, and
the lower classes. Wahl** Wahl. Yews tbst In *me yea"
from 1827 to 1830, 8,301
jigainlmma awn illaniike6 of 0011111111 as
the game laws ' sod Weise alert
Sir J. Graham, speaking of the change in the law of
1831, said :
I hale not before the the re of the number of mimeo sgainst
the game laws at that period, Outl have a distinct reoodeetka that

the attention of Lord Ore?. government wee forms! toted, Added on
*scowl el Mt/reed itlerenell of enme ender treesinclionged tem at ear
Mae apparent, and which circumstance Is now attracting, In • painful
degree, the attention of the country.
' The hon. member then proceeded to read the following
etatistical returns respecting the operation of the game
and in support of his arguments
England and Walen—Ocovictions under the game laws In 1643,
4,326.
HMS to 184 S-42 gern.skeepers killed and inquests held; in 25 of
Mice cams a verdict of arliNl murder was returned.
1841-7 giunekeenelll killed and 11117BICMS held, of which Were re-
turned wail =order, and 1 was returned manelaughtsr.
1844,1843, to May, 1846 (2 years and 4 montbs)—Total convictions,
11,392 being an average of 4,884 COIITiCtIOOS per annum, and au in-
armor old 3 over tee year 1843.
He w further ezemplify the dreadful evils arising out
of the maintenance of the game laws, in so far as the
criminal jurisprudence of the country WWI concerned. The
Cages to which he should call the attention of the house were
ell of recent occurrence, and they would prove beyond a
doubt that much of the bloodshed mid maiming that had
attracted public attention took their rise solely out of the
system of preserving game. The hon. member then read
the following cases, which he had extracted out of the pro-
vincial end other papers:
Fauna CLZIOTILAYI Itt IIZATTOILIAIIIitt.—Itt the county prison
are now (i.e. at the Epiphany riemiun) confined don prisoners. Of
these 4/ are for poaching. heady half, you tee, of those In the
county gaol; more than Calf of throe in the liberty gaol. Add the.se
together, had wo have 133 prisoners, of whom 64 were poacher..
Think of this, gentlemen of Hertfordshire, when next you discuse the
mum of desnoralissUon among us, or take in hand name remedy for
the perils of the nation. Just one short of ;0 are i
re yo
ur
genii. for
aggreoion on the spade of the heat of
Dare you uliply
this by 40, and may that 2,70) are in gaol in the whole of the Smiled
counties? or can you feel ouistied that our county should fumish an
unhappy disproportion of such basest I cannot pledge myself for
the accuracy of a unit; but there Is no intentimal exaggeration, and
the proportions ran hardly be altered.
Herbs and Meadham tried for cutting grid wounding Grant, a
keeper of the Marquis of Aylesbury. Teem keepers heard shoo on
Bolioneurnmon. Saw four men coming down Bath and London
road. Keepers were armed witb oemlAing a Bain Keeper%
stood Is the middle of the road, and King, one of them, m
tookid,
" lads, what's up?" Fight began tremendous fighting
place. The blood streamed down Grant's bead, nearly blinding him.
The heads of the keepers dreadfully cut, and the worst coneequencoi
were apprehended !Tom them. Thomas Meadhum's arm was broken,
and Booties Mcadham died from concussion of the brain the name
day. The Warr caused much pain to the marquis, who sent meoagis
every hour fur intelligence as to the state of the deceased. Thomas
Meaitham transported for mien 'sow—Dreier, /sr/encl./eon
December 23, Christmas-day. —Thompson and Wallace, poaching
in a moil belonging to Mr. licaumont, of Dyne!, Northumnerland.
Desperate Buhl with keepers. Thompson fired twice or thrice. Once
at a large dog with the keepers. Wallace wounded in the thigh.
Both taken. bent to Morpetb gaol, where Walla, e died of a lock-jaw
on or abut the Sth January. Manslaughter. lii years' tranaport,
tion on Thompson. Keeper said ill evidence," My dog between a
Newfoundland and a bloodhound; he b. very large, but I do not know
how savage he is. I keep the dug to Rs with me at night lie has
been trined to scent a hthll: he can trace the footsteps by the scent,
and tube me to any part of the wood where anybody LA."
Three men, Davies, hill, and Bryant, were charged at Cardifr with
ahosing David Davies, en assistant keeper to W. W. Lewis, Km
The keepers heard firearms in the preserves. Their dogs scented out
the three primness and another man nut in custody. The keepers
followed them and demanded their I.amed. A keeper mired Bryant
by the leg to prevent his getting over a fence. Bryant resisted, the
keeper struck him on the sun till he dropped his gun. Dablow vies
Mouldered boo `tun, sayieg, "If you don't let that man go I'll
your brain. out.', Tho three other keepers rushed forward and laid
bold of it hy the stock. The prisoner register!, the gun went off, and
the deceased received the contents in the groin. Ile staggered, fell
down, and cried out, "lam shot, lam a dead man." lie was car-
ried into a cottage covered with blood, but life was extinct
Arias? AT ellYsliT-lIALL, LANTAllllllth.—lour keepers and four
poachern—desperate tight or 20 minutes, the p sobers getting the
worst of it. During the struggle a gun was fired, but without any
• enact. The poachers used it gun-stocks and bludgeon*, and the
, keepers were seined with strung, heavy cudgels. The wounded roan,
Tudor, who was Bing on the ground m a state of intensibinty, was
then onweyed to 'Pie ball, as well as his conpanion, Brown. Tudor
had a severe wound on the head, which had tits.n inflicted by -ne
Me keepers' clubs, besides other injuries, and his recovery is coo-
sidered very doubtful. Brown h. s several cuts and bruises, bat nut
of a serious character.
Loco ICO.3IANDY'II Panssavok--About Ist February, flee keepers
were watching in the Mulgrave woods. Heard firearm.. Keepers
armed with sticks, the marquis forbidding firearms. They met a
gong of poachers, armed with guns. Summoned them to surrender.
One of the gene ?resented his gun and fired at a keep,: named
Brown, the contents lodging in Ms right arm. A struggle foLowed.
The keepers were beaten off, the cher. firing at them. The
wounded man was carried to the newest house. One of the gang
was Mot In the thigh by one of his comrade,. Ile crawled away,
concealing bimsell in a thicket, but wee discovered. The wounded
poacher died the following *fhureclay. •
Mardis of Charles layer, ASMtlint Gamekeeper on the Estate
of Mr. A. It. Drummond, 01 Clue:lnds Park, Hants.—The watchers
were only armed with sticks. The poachers had two guns, and
they used tie buttends to keep off the watchers. Deceased's Mull
wan 'rectum:l by the butt-ends of the gone, and one gun
went elf by accident, and part of its contents lodged in
the bread of Morris, but not to any surieux extent. Payne
survived but a short time. The coroner's jury returned a vented
of wilful murder against Morel. as principal, and against Smith,
Brack., Carrell, and Knapp ss aceevoanes. Morris, the principal in
the murder, is the son of stephen Morris, the heal gamekeeper.
Thus the father Is chief gamekeeper, and the eon in poacher, and
now charged with murder.—Lasts Independent, March It.
Mascot le. alit; Dowson,
for the Murder of Shirley, Duke of Cleveland's Whipper-in, acting
as Keeper at Baby Castle.— Affray on the 2nd of Feb., 1514. thdll
• found guilty, and sentenced tu be hanged. Shirley died 12 days af.cr
he was shot in the arm.
He did not say a word in vindication of these men,
but he would assert his conviction that parliament should
interfere and put a stop to a system which engendered such
crimes as these fur which these men were condemned. As
, to the successive palliation, of those laws, attempted by legis-
; lotion, they had all tailed in the 'Urged purpose.
The hon. member for Derbyshire had introduced a bill fur
• making hares into rabbits. The bill was a mockery of legit..
lotion, and if the house was contented with such measures,
the country would think, and justly, that there was an in-
: dispoeition to meddle with the privileges of the rich, and that
rather than deprive them of the game laws, the legislature
would prefer running the risk of disturbing public tranquil-
lity. What was the number of persons interested in the
game laws ? The tax returns showed that in the years 1841.
1842, the number of certificates granted was only 35,000, and
for gamekeepers 2,600. The amount of revenue derived
from this source was 107,0001., but that amount of revenue
would not induce the Chancellor of the Exchequer to oppose
the abolition of the game laws on the score of public exigen-
cies. The discontent which was felt by the peasantry was
very great. It is a discontent which—
,. Smouldering as it grew
In silence teed."
He wished the house to proceed on a different principle to
' the past in respect to game. The principle which he sought
nametalish was that acknowledged by the common law,
ly, to give every one that property which belonged to
, him ; whereas, the game laws prevented a man from sho.a.
nag or destroying the wild animals that were produced
i on his land. The people had no sympathy with
, the game laws. They were habitually disregarded,
; and thereby the poacher wits often led to
regard
-
regard other laws, and rot to shrink from sheep
or her-e stealing. The bill he intended to proposehe
was very simple. It consisted of two clauses only. T
first abolubing all laws, and portions of laws which related
i to game, or to certificates, or to any other restriction on the
killing of wild animals. The second clause was for the pur-
pose of giving occupiera of land a right to sue for damages in
those cases where game preserved on adjacent lands destroyed
his crops. This was the sum total of his bill, and it was
not so complex as some of the existing game laws were.
He did not intend to propose to introduce any
clause respecting trespasses, as those could be easily
• provided against in cane of need. lie hoped he
bad sufficiently proved he had no wish to interfere
between landlord and tenant, as he had almost been
accused of wishing to do. Having thus stated his views ha
beed to thank the house for the attention with which bon.
members bad listened to his speech. He asked for nothing
less than a complete change in the whole policy of the game
laws, and the house could not refuse hie bill or some similar
measure, without running counter to the spirit of the age,
and also perpetuating the evils which he hart shown to exist.
It had been truly stated by Mr. Alison that there was little
difference between an Englush sportsman and • Red Indian ;
both of them found the only true excitement in slaying wild
animals and curbing impetuous steeds. It was for the sole
amusement of such that the game laws were maintained ;
and he ventured to say, not only would public opinion not
be satisfied with their continuance, but also that nineteen-
twentieths of the peasantry were in favour of his bill.
Mr. COWAN, in seconding the motion, disclaimed any
unkindly feeling towards the proprietors of the soil, to many
of whom he was inlebted for facilities ii following the
sportaman's trade. (A laugh.) But it was for their sakes
he was anxious to see an end put to a system which was a
cause of continual heartburning between landlord and
tenant, at least in his part of the country. He agreed with
the hon. member for Manchester in thinking that the game
laws caused a monstrous waste of human food, and were a
remnant of the feudal system and a disgrace to the present
age. (Hear.) The farmers of Scotland were decidedly
hostile to the system, so much so, that thole of Fife and
Lothian bad formed themselves into associations to procure
its alteration. (Hear.) A case of great hardship had
occurred in his part of the country, in which a farmer
having banished the game which were destroying his crops,
by the most harmless means, namely, by firing blank
cartridge and hunting them with muzzled doge,
wu sued at law and informed that he had acted
illegally, and that his only proper remedy was an
action (or damages. The honourable member for Man-
chester preserved the right to damages in his bill. He (Mr.
Cowan) regretted that the boo, member had done so, seeing
that there was nothing so difficult to trace as the authors of
such damage, and nothing so likely to produce ill-feeling be-
tween landlord and tenant as the attempt. (Hear, hear.)
He (Mr. Cowan) thought that a much better plan would be
to give the tenant a right to shoot the game upon hie farm.
The hon. member having read an extract from a letter, the
purport of which was, that the game laws were considered to
be an excessive burden by the majority of the Scottish
farmers, concluded by entreating the honee to give a favour-
able consideration to the present bill.
Col. SIBTHORP declared his decided opposition to
even the introduction of the bill.
Sir 0. STRICKLAND said there was, no doubt, a
strong feeling abroad that there was something in the game
laws which was not just ; and he thought it was the duty of
the legislature to endeavour to remove that impression. But
the hen. member for Manchester completely failed in his
remedy (hear, hear), sad proposed alterations which
would lead to a tate of confusion ha all the relations of land-
lord and tenant. (Hear, hear.) lie was fur making much
more stringent laws of trespass, and by doing so would leave
all the evils of the present system as well as create new ones.
He had ably pointed out those evils and the demoralisation
which they caused, and on that account he considered that
the house was indebted to him for having brought forward
the question ; but in the remedy he proposed he (Sir 0.
Strickland) could not concur.
Sir O. GREY likewise felt that the house was indebted
to the hon. member for Manchester for bringing this ques-
tion before it—it being a question to which he thought the
attention of the house might be most woefully directed.
(Hear, hear.) He likewise agreed with his hon. friend who
had just spoken that the hon. member for Manchester had
ably depicted the evils ariaing, not, however, se much from
the gams laws as from the great accumulation and strict pre-