The Northern Daily Times.
Liverpool, Merseyside, England, 1856-04-15 00:00:00

THE ROYAL OAK BURIAL SOCIETY,

For some time past much anxiety has been felt amongst
the members of this society—one of the largest in the
kingdom—relative to the true position of the members,
and likewise the confidence to be placed in the officers
conducting the business. Various meetings have been
held in different parts of the town, since the formation of
the committee of investigation, full reports of the speeches
at which have been given in the columns of this journal,
as well as a copy of the rules and regulations by which
the society is at present governed.
Yesterday the entire afairs of the society came under
the consultation of J. Pollock, Esq., the judge of the
county court, an action having been commenced against
the president, secretary, and other officers of the society,
by the investigatory committee.
Mr. Brett, (barrister,) appeared for the sub-treasurer,
Mr. William Currie, and Mr. Martin, (solicitor,) for the
other officers of the society, while the investigation com-
mittee entrusted the conducting of their case to Messrs.
Hull and Fletcher, solicitors of this town.
Soon after His Honour had taken his seat on the bench
the case was called on, when in consequence of the
absence of Mr. Brett, who was unavoidably engaged at
the Court of Passage, he requested Mr. Hull to proceed
with the case, at the same time expressing a desire that
he would refrain from making any allusion to Mr. W.
Currie, until Mr. Brett arrived. This proposition having
been assented to, .

Mr. Hull on the part of the investigatory committee
proceeded to address the court, and in the course of his
observations he said, he appeared for the plaintiff's in
this matter, all of whom were the members of the Liver-
pool United Legal Friendly Burial Society, but which
was better known in the town as the Royal Oak Burial
Society. He then proceeded to give the origin and progress
of the society, (which from the repeated reports which
have appeared in this journal, are well known to our
readers,) and to state from the Earl of Harrowby, Sir
Joshua Walmsley, and Mr. W. Brown, patronising it, it
was quite clear, that it was by no means a society con-
nected with party politics. He next proceeded to review
the way in which the officers of the society were
appointed under the third rule, which delegated the chief,
and almost sole power to the president, whose duties
were most extensive. The duties of the committee were
to check the president, and that of the sub-treasurer to
receive the monies from the collectors, and hand them
over to the treasurer.
His Honour here stated that the office of treasurer was
merely a nominal situation, as he had nothing to do with
the management of the affairs of the society.
Mr. Hull : Precisely so, and the name of Mr. Brown
was a sufficient guarantee as to the safety of the funds of
the society. He then proceeded to say that under the
rules, a certain number of collectors were appointed,
whose duty it was to go about selecting persons to become
members, and to receive subscriptions. The first presi-
dent elected was Mr. Donaldson, under whose manage-
ment the society prospered, mainly because he kept a
tight hand over the collectors. To prove that he intended
to produce the minutes for the purpose of showing that
had a certain resolution been carried out, the society
would even then have been successful. All went on well
till the year 1846, when Mr. Donaldson retired, and Mr.
Moses Cullen was elected president. For some time the
accounts were kept as before, but in 1848 he seemed to
have relaxed in the performance of his duties; and in
1851, instead of publishing the usual annual balance
sheet, mentioning the receipts and expenditure, the report
only congratulated the members on the success of the
society. What they required was the removal of certain
persons, and that the rules should be revised, and that
the same balance sheet should be given as in 1846. He
concluded by assuring the court that the investigating
committee had no vindictive feeling towards any member
of the society ; all they desired was to have it properly
managed.
His Honour, after explaining the power the act of par-
liament gave him in such cases, said he had most carefully
looked over the rules of the society, and all he conld say
was the sooner they were altered the better, as they were
very defective.

Mr. Brett, who appeared for Mr. Currie, said
he had also looked over the rules of the society,
and found them most defective. He suggested that
all parties should agree that the court make an
order by which the present state of the affairs might be
altered, and the future prospects of the society benefitted.
He then handed to his Honour a draft of the order he
suggested should be made, which in effect was—that the
present president should be dismissed, that the sub-
treasurer should find fresh sureties to the amount of
£1,850, that the trustee s should be dismissed, that the
court should nominate a person to receive the amounts
from the collectors, that two committee-men should retire
and be replaced by two others, and that a new set
of rules should be framed for the government of the
society.

Mr.'Martin had no objection to such an order, but
requested that the names of Mr. J. B. Currie, Thomas
Osborne, James Fagan, Edward Hanlon, J. Joliffe. and J.
Waterhouse, should be withdrawn, as they had nothing to
do with the matter.
Mr. Hull assented to that arrangement.

Mr. Martin then said—with regard to Mr. Cullen, for
whom he appeared, he was quite willing to fall into any
recommendation by which the society would be benefitted.
He was an old man, and did not possess the requisite
energy for such a position.
At the suggestion of his Honour, it was agreed that
Mr. Cullen should act as president of the society, under
the order of the court.

Mr. Martin then consented to have two strangers
placed on the committee, and at a subsequent period of
the discussion, Mr. Shepherd and Mr M'Philips, were
chosen in the place of Mr. Drape and Mr. Boyle, with
directions to Mr. Cullen to appoint them.
In answer to a question put by Mr. Hull.
His Honour said he would not give his sanction to col-
lectors sitting on the committee, as it was exceedingly
improper, and must tend to the disarrangement of the
affairs of the society—indeed, they had no right even to
be present at the discussions of the committee.
- - - - - - - - - -

The Court then ordered that Mr. Currie should enter
into a bond for the payment of £1,850, and give securities
for that amount; and that Mr. Martin and Mr. Hull
should form a new set of rates, believing that the money
in such a matter would be well expended, and consented
to look over them and make any suggestion he thought
necessary. He also directed the removal of all the present
trustees. _ _ _

His Honour then recapitulated the above facts, and
directed that all the costs should be paid out of the funds
of the society.
The above arrangements, apparently, gave satisfaction
to all parties, and a day was fixed when the special order
of the court should be made.

PRIVATE INVESTIGATIONS BEFORE
MAGISTRATES.

TO THE EDITOR OF THE NORTHERN TIMES

EMIGRATION FRAUDS

TO THE EDITOR OF THE NORTHERN TIMES

Sir,—Will you do me the favour of publishing, for the
advice of emigrants to the United States of America from
British ports, as well as for all parties concerned in the
shipment of persons seeking homes in the New World, the
following extract from the annual report of the board of
emigration for the year 1855. I also enclose an extract
from the annual message of his Excellency the Governor
of the State of New York. In conclusion, allow me to
express the hope that the press of Liverpool will aid in
the endeavour now making to put an end to the villainous
schemes now on foot in Liverpool and New York, for the
robbery and ruin of both male and female emigrants by a
set of vampires who infest our wharves and slips for the
purpose of selling spurious inland tickets to passengers
destined to the western section of the United States of
America.—Yours, &c., T. W. WHITLEY.

COMMISSIONERS OF EMIGRATION.

THE ANNUAL REPORT OF THE BOARD FOR THE YEAR 1855.

ESTABLISHMENT AT CASTLE GARDEN FOR THE LANDING
PLACE OF EMIGRANT PASSENGERS•
The act of April 18, 1855, " for the protection of
emigrants," having conferred additional powers on the
commissioners, to enable them to designate a single landing
place in the city of New York, "for the landing of
emigrant passengers," has been successfully carried into
effect. The corporation of the city of New York having
granted a lease of the premises known as Castle Garden,
for five years, from the first day of May, 1854, at an
annual rent, to a private party, the commissioners suc-
ceeded in obtaining an assignment of the lease. on
favourable terms, and possession was given on the fifth
of May last, when the fitting up of the premises, in a
manner suitable for the purpose designed, was immediately
proceeded with. Owing, however, to the extensive
repairs required, and the obstructions thrown in
the way by those who, on different grounds, appre-
hended injury to their private interests, the place
was not in readiness for use until the Ist of
August, when it was formally opened as the emigrant
landing depot. It is not deemed necessary to allude to
the efforts made to obstruct the execution of the law in
this instance, further than to state that where that effort
was resorted to with the design of rendering nugatory
the power conferred, and for the ejectment of the commis-
sioners from the occupancy of Castle Garden, the courts
have sustained the law in its beneficient objects, and the
commissioners in the /possession of the premises for the
purpose of carrying the law into effect; and that where
violence threatened with a strong hand to lay waste and
destroy, the police authority of the city, by prudent and
decisive action, effectually checked the thoughtless and
lawless in their course, and preserved a valuable property
from destruction or damage, and the reputation of the
state from disgrace.
Two hundred and fifty vessels have landed their pas-
sengers at the depot in the five months it has been in
operation—bringing, in the aggregate, fifty-one thousand
one hundred and fourteen persons, during which period
no accident of any kind has occurred. All have been
landed safely, without damage to themselves or property.
When landed, proper means have been used to secure
their comfort and protection. They have been screened
from the intrusion of that class of persons who have here-
tofore abused the confidence of the emigrants, and des-
poiled them of the means they had provided to convey
them to their ultimate destination, and to sustain them
after they had reached it—who have long been in the
practice of taking possession of the person and property
of the confiding emigrant, and seldom permitting him to
pass out of their hands without damage : in many cases
reducing them from comparative affluence to destitution,
and making them subjects for relief by the funds of the
commission ; but in a larger proportion crippling their
means to an extent which has affected their after life.
Every facility is provided at the depot for those whose
destination is to the interior, to proceed without unne-
cessary delay ; and without need or pretext for inter-
course with the class of persons in the city before alluded
to. By this arrangement, much for the benefit of the
emigrant, the shipper, the commission and the community
at large, has been accomplished. Among these benefits
may be mentioned :
First—To the emigrants. In a more safe and speedy
landing of their persons and effects ; in the greater safety
of their effects after having been put on shore, depreda-
tors being limited to fellow passengers, and but slight
opportunity existing for successful pillage by them. In
relief from the importunities and deceptions of runners
and bookers. In being enabled to continue their journey
without deiay from the same wharf from where just
landed. In relief from all charges and exactions from
landing, " baggage smashing" and porterage ; and where
they are proceeding to the interior, from cartages. In
being enabled to obtain passage tickets at the lowest rate
directly from the various transporting companies. In
having their baggage accurately weighed; and in being
relieved from excessive charges for that which is extra
In obtaining reliable information relative to the various
routes of travel throughout the country. In being re-
lieved from the necessity of transporting their baggage
to boarding houses when exigencies require a temporary
sojourn in the city of New York, and thus in being enabled
to depart for their future homes without having their
means impaired, their morals corrupted, and probably
their persons diseased.
Second—To the shipper. In the greater readiness with
which passengers are discharged where freight and mer-
chandise do not interrupt the process. In the ship being
relieved of its passengers at once, and immediately on
arrival. In the consignee being relieved from the super-
♦ision of the landing of the passengers.
Third—To the funds of the Commission. In the in-
creased facility afforded for the discovery of cases liable
to special bond. In the opportunity for ascertaining the
means of passengers for support. In the reduction of
sickness and distress among emigrants. In the diminished
proportional number that will become a charge to the
Commissioners ; and in the means to readily discover
paupers and criminals transported hither.
Fourth—To the statician. In furnishing reliable data
of the fiscal means of emigrants on arrival. In develop-
ing the points of individual destination; thus exhibiting
the number of persons who, at the time of arrival, are
destined for each state, and the money means with which
they are provided.
Fifth—To the community in general. In the diminu-
tion of human suffering. In the reduction of calls on the
benevolent throughout the country, and in the dispersion
of a band of outlaws attracted to this port by plunder,
from all parts of the earth.

Sir,—'Tis pleasing to see a very proper jealously on the
part of the public against secret tribunals. Nevertheless,
I think your correspondent " R. 5.," in writing a second
letter upon " The Recent Delicate Investigation " before
the magistrates, goes beyond the limits of a reasonable
indignation, and betrays that sort of captiousness which
revels in the getting up of a grievance.

I presume he is not a lawyer, or he would not have dis-
played such an ignorance of the subject he veuturod to
handle, as to deny the right of the magistrates to hear any
case with closed doors.

It will be remembered that the prisoner was charged
with an indictable offence, the particulars of which were
altogether unfit for the public ear.

MESSAGE OF THE GOVERNOR OF NEW YORK.

EMIGRATION.

The number of emigrants landed at the port of New
York during the year just closed is 136,233. During the
year 1854 the number was 319,223. This falling off has
caused a corresponding reduction in the receipts of the
Commissioners of Emigration. While, therefore, the
Commissioners were burdened with the support of the
sick and destitute arriving the preceding year, their
diminished revenues during the last season has occasioned
serious embarrasments. The length and severity of the
winter of 1855, and the high prices paid for all the neces-
saries of life, not only increased the number of emigrants
requiring aid, but added largely to the expenses of the
Commissioners.
The commissioners within the past year have entered
vigorously upon a system of economy and retrenchment.
The inmates of their various institutions were largely
reduced in numbers. The medical department was reor-
ganised, and further improvements are contemplated.
The general superintendence was changed, and all
supernumaries were discharged. In these efficient
reforms, as in their generous devotion to the laborious
duties of their office, the Commissioners of Emigration
earn their only reward—the approbation of their ,fellow
citizens.
The indebtedness of the commissioners, from the causes
stated, will probably require legislative relief. It should
be remembered that the money to purchase the land on
Ward's and Randall's Islands, to erect thereon expensive
and noble structures to maintain the inmates, and to
return to the counties the sums expended for the support
of emigrants, has all been derived from the emigrants
themselves. Since the passage of the law creating the
board of commissioners, our own citizens have been
relieved from the burden of supporting sick and destitute
emigrants. You will, I trust be prepared to consider
favourably such application as may be made for the
temporary pecuniary relief of the Board of Emigrant
Commissioners.
Foreign emigration is an element of national prosperity,
the importance of which we are not likely to over-esti-
mate. The strangers come to us rich in what we most
need—the ability and the disposition to labour. Their
labour enters immediately into every department and
branch of our industry. From England and France come
artisans whose skill and experience enable us to compete
successfully with the manufactories and workshops of the
Old World. Northern Europe supplies us with thrifty
and industrious tillers of the soil. Ireland sends us
labourers, without whose bone and sinew our country
would not now rejoice as it does in more canal navigation
and more miles of railroad than have been constructed
by any other nation. To emigration we are largely
indebted for the early settlement, the rapid development,
and the rising greatness of the Western States. If our
citizens realised how directly their own individual pros-
perity springs from the manual labour of emigrants, or
even reflected how indispensible are their services to
our domestic comfort, they would be less solicitous to
" pass laws to prevent the population of these states, to
obstruct the laws for the naturalisation of foreigners,
and to refuse to pass others to encourage their migration
hither."
In pursuance of a law of the last legislature, the com-
missioners designated Castle Garden:for the landing de-
pot of all emigrants arriving at the port of New York.
Though encountering persevering opposition from classes
of persons interested, for a series of years, in extortions
j and frauds alike oppressive and unjust to emigrants and
discreditable to our state, the commissioners, sustained
J by the city authorities and the courts, are now working
out, with eminent success, the beneficient objects con-
templated. The Garden affords ample, commodious and
grateful shelter and protection to the tens of thousands of
strangers heretofore cast upon the open wharves to be
preyed upon by rapacious runners, bookers and others,
who were the more successful by reason of speaking the
languages, and claiming to be the countrymen and friends
of the emigrants.
, The different railroad and steamboat companies supply
tickets to emigrants, within the Garden, at their regular

The magistrates, I think, exercised a sound discretion
in declining to gratify a prurient curiosity ; and, in exer•
cising that discretion, as they did, I am prepared to show
that they had the express sanction of the law.
Mark how prosy a quotation shall meet your corre-
spondent, as the phrase goes, " out of court."

The 11 and 12 Vic. c. 42, sec. 19, enacts as follows :
"And be it declared and enacted, that the room or building
in which such justice, or justices, shall take such examina-
tions and statements as aforesaid (that is when persons
have been charged with indictable offences) shall not be
deemed an open court for that purpose : and it shall be law-
ful, in such justice or justices, in his or their discretion, to
order that no person shall have access to, or be, or remain
in, such room or building, without the consent or per_
mission of such justice, or justices, if it appear to him or
them that the ends of justice will be best answered by so
doing."

I think I need not add another word to this plain proof

that your correspondent has written in utter ignorance
of the law, and I fear under the influence of the misled
feeling to which I need not further allude. Yours, &c..

JURIS-CONSULTUB

MURDER BY LAW

THE NORTHERN TIMES.—LIVERPOOL, TUESDAY, APRIL 15, Me

and published rates of fare. Information required either
to guide or facilitate their course or promote their inte-
rests, is furnished by the commissioners or their employes.
Such as are disappointed either in meeting friends or re-
mittances, on their arrival, find a temporary home in the
Garden, or are assisted to their destination. The favour-
able location and peculiar advantages of Castle Garden
have fortunately enabled the commissioners to perfect
their arrangements for the protection of emigrants, and it
is justly regarded as a wise and enlarged measure of
economy and humanity.