Northern Times.
Liverpool, Merseyside, England, 1859-02-07 00:00:00

HISTORY OF PHOTOGRAPHY,

(From Dr. ltitspratt's Dictionary of Chemistry.)
The dawn of photography is intimately connected
with researches on .light. For a long time the.queStion,
whether light possessed any chemical properties, was
discussed by st numerous body of scientific men. 'Schoilt;
was the first to draw attention to the subject of the rays
of the sun possessing properties -able to effect chemical
changes, more especially upon silver salts, and showed
the comparative power •of the different raysio,darken
them. In this department he .was followed by Senebi(
Count Rumford, and Ritter, who -was the fi
that solar bFums, not possessing luminosity, but having

to notia

a remarkable effect in inducing chemical nt4amorphoseW,
existed in sunlight. Between.lBol, the period of Ritter's
done beariest upon the origin

searches, very little was

of photography:

ill Thomas, third SOR of the celebrnied
wood, in 1802, published his method of
by coat

producing sun pictures, 'white paper or ena-
melled leather with a' sohition of uitrate of silver, and
exposing the coated surface to the light of the sun under
a painting on glass. Although he anticipated the advan-
tages which would accrue fresti the art, he could not
'partake of them to the extent he deserved, owing to the

.n. unknown to

imam of fixing the impression being .
him, notwithstanding the fact of Humphrey Davy
:being engaged with him in, the mcitry, It appears

was the:. first who partially same(

that- Niepe,
fixing the image produced in the camera obscut
this was not till 1827, long after the
Wedgewood, and after many ye--- • -
Tiotß to this period. Dk
the subject, but was unsuccessful

ars' investigatio

guerre w as likewi

In 1829 he :etit

into an agreement with
-researches on this s

iNiepce to

rsue their several

-period of the compact, the- latter published - his method,'
which he called heliography. It consisted in coating a
highly polished tablet of plated silver with a mixture of
petroleum and essential oil of lavender, reduced to the
consistency of thin varnish. After drying at a gentle
heat, the prepared plate was exposed in the camera to
the image thrown upon it, and, after duo time, the latent
impression was rendered visible by disengaging the un-
affected parts. This was executed with a solvent com-
posed of one part of oil of lavender and. ten of ordinary

white petrolenin or spirit of tar. On pouring this liquia
over the plate, the impression began gradually to show

itself; when sufficiently defined, the plate ivas removed,
the dissolving liquid allowed to drain off, and the operat
terminated by careful washing,. At th

eriod they

anxiously seeking for a substitute for the varnish, and
had recourse to alkaline sulphides aad iodine fo

ening the plates to form a- ground for the picture ; bat
the results were not as satisfactory even as the varnish
coating, although the latter proved subsequently to he
the most eligible in the hands of Daguerre. The
heliographin method of Niepce was a very slow and
uncertain process, requiring several hours' exposure in
a strong light before a tolerably defined impression was
made. Daguerre, improved the process by using the
resin of the essential oil of lavender dissolved in alco-
hol the basis, and the vapour of petroleum, which
bad not the effect of removing most of the varnish to
the injury of the picture, as was the case in, the other.
From this period till that of Niepee's death the subject
-was actively prosecuted on both sides.; but it would
appear that the latter savant had lost faith in the efficacy
.ef coating the plates with a metallic film, such as sulphide
or iodide of silver ; whilst Daguerre seemed as much
Impressed with these, or similar ones, being the true
media for taking impressions. After the death of Niepce
,in 1833, the compact was renewed between Daguerre and
the son, Isidore Niepce, and the research was as anflag-
gingly pursued as before till 1839, when Daguerre was
fortunate enough to discover the beautiful process which
is now so well known under his name. It is almost
needless to say, that upon the publication of the process,
communicated to the Academy at Paris, the beauty of
the gradations ,of light and shade, • and. the extreme
delicacy and truthfulness of the pictures, took both the
whole of the old and new world by surprise ; and after
the French. Government had secured to Daguerre and

Niepee a pension adequate to the importance of the dis-
covery, and gave the process to. the world, its practice
became universal.

_ Whilst the French were diligently occupied in bring-
lug the process of producing pictures on metallic plates
.to perfection, in England the subject was silently -pur-
sued by Mr. Henry Fox Talbot. His experiments were
'Undertaken in 1834, with the view of rendering the
image produced in the camera obscure permanent in the
sun ; these were prosecuted with varied success till
1839, when a paper was read by him to the Royal
Society, on the thirty-first of January of that year,
entitled—Some account of the Art of Photogenic Draw-
ing ; or, the Process by which • Natural Objects may be
made to delineate themselves without the aid of the Artist's
Pencil. This was the first account, of this process
—since called telbotype -methodized to tho production
of pictures In. February of the same year a fuller
account of the preparation of the paper, and the method
of fixing the picture, was communicated to the same
body, Talbot's pictures. were produced on paper
prepared for the purpose ; and though less delicate
In detail, in consequence of the inequality of the basis,
than daguerreotypes, still they could be viewed with
equal effect in any position; and were consequently
free from the_defect experienced in looking at the latter.
From this it will be evident that the British philoso-
pher pursued his investigation ,-independently of the
French labourers in the same field; and arriving at
:results in a measure as satisfactory as those of Daguerre,
he Contributed; as Hunt remarks, equally with the latter
most important services to science, an producing an instru-
ment by which the mysterious phenomena of light
could be satisfactorily investigated ; and to art, by
giving her votaries tablets upon which nature
-Impresses herself in all her delicacy and.decision, in all
her softness and grandeur, and in all her richness of tone
and breadth of effect.

The fixing agent first used by Talbot was a concen-
trated solution of chloride of sodium, which had the
effect of dissolving the unaltered chloride of silver.
lodide of potassium was employed for a similar purpose ;
but these do not give results as satisfactory as the hypo-
sulphite of soda introduced by Sir J. Herschel. Other
improvements by the latter philosopher have also to be
recorded, whichithough not so important as the one just
referred to, contribute, nevertheless, to the perfection of
the art. This is particularly the case with his researches
on the solar spectrum, the results of which have been
already given, and by which he has laid the foundation
of the principles of actinism, and brought it to its present
comprehensive state.

Iferschel was the first to recommend the practice of
saturating the saline washes used to prepare the paper
with chloride of silver, and the employment of a double
wash of nitrate of silver to be used in succession, alternated
• with drying the paper, with the view of doing away with
the whitish spots so frequently seen in the pictures of
Talbot at the time ;he also noticed—as likewise Robert
Runt —a method of fixing the impression formed in the
camera with chloride.of mercury, and, at the same time,
rendering the paper to all appearance fit for the ordinary
uses of writing and the like; whilst nothing was required
to develop the picture but simply washing with hyposul-

phite of soda.
Another very efficient discovery of Talbot's may be
here recorded—namely, the property of gallic acid in
rendering the prepared paper so sensible as to be capabl€
of receiving impressions by instantaneous exposure,
owing to the gallic acid of the in

and developing the effect of the si
!was ultimately superseded by pyrclallic acid, introduced
by Archer, the reducing or developing action of which is
much greater than that of the gallic compound. Various
methods for rendering paper sensitive to the reception of
solar influence have • been published, to dwell upon
which would take up too much space. All, however,
have their particular advantages, based upon the judicious
application of the usual compounds, so as to produce
a more even and more perfect coating with the silver
salt.

This agent

übquf,,ntto the production of photographs on pope]:
wiSthse
considerable
accuracy, glass was- adopted for the
basis of the pieta,.
Ire made to adhere -t
; but s- the sensitive media could not
adjunct
oititahcis body alone, it was necessary
to employ as an
601110 adhesive matter. • The
first trials were with albutm
Fa:ii.ntroduced .by Niepee St.
Victor in 1848—and gelatirein clln a thin stratum upon
the clean surface of the glass.withodthide of potassium or
.alkaline chlorides were mixed
adhesive composi-
whpeinct.urseensitiv
tion ; and after partial drying, the sae adhesive
were exposed
to solutions of nitrate of silver,
e coating
formed on the film. on which the
Generally, the pictures obtained on azas impressed
gelatinized glass, owing to the even and close s texture of
the coating material, had many qualities
those produced upon paper, excepting Where the to
ying the latter waxed was followed. elrac .
,e adoption of these Materials by photon n-r
_....utter introduced pyrogallic acid, and soon- after
r;
collodion; than which no other material is now more
extenstvely used. With the exception of modifications
introduced from time to time to render the collodion
film more sensitive, or to: propagate the impression of
,:, and thus shorten the period of exposure,
las been done within the last few years beyond
o art More general both in . practice • and
Xyloidiii, a compound prepared from starch
and tinctured with iodine, was introduced

soonafter +
+b.+ A

the rays of lig!
very littl

v,ith nitric aCi

few years ago, but its use is not so extensive as that of
a ,;„
e
)Ilodion. notwithstanding its repute for being a more
compact basis for the picture, and more capable of receiv-
ing the pictorial impression. The particulars of these
methods will be detailed further on when describing .the
Practice of photography, Besides the Tarious praossive

steps alluded to, there are a few others which tend to
extend its usefulness, and deserve a short notice.

These are the methods forimpressing coloured pictures
upon the prepared surface, and of engraving the photo-
graphic impression without the aid either of the artist's

graver or pencil

The latter, which might be called photogalvanography,
is not recent, but almost as old as the first bituminous
impressions of M. .Niepce, whose finished pictures
required but the applications of . tide etching to
convert them into engravings. The system of procedure
had been considerably improved by • several others,. more
.Niepce the younger, Lerebours, and Lerner-
latter, • applying it to lithographic printing.
especiallycier, the
Dr., Dorme of Paris endeavoured to obtain engravings
from daguerreotype plates by chemical agency, and partly
sacceede4.:: His
.method, was to attack the • plate with
gilding of the picture, *here all the

nitric acid before ti

was redaced became more of
less corroded accercling to the depth of shade. As nitric
acid ,happened.to be. the agent used, it could not be

parts whereon .01

always confined to the parts-where its action should be
ronifested, and, ,therefore, the results were 'precarious.
Grove published a method for engraving ;the daguerreian
image by voltaic agency in" 1842; in this operation,.the

Agent was chlorine liberated from hydrochloric acid, in
which the picture, attached. to the positive pole of the
battery, cas immersed. This method, though superior
to its antecedents, was not all that was desired. A patent
was granted in 1844 to Fizeau and Claudet for en-
gi?ying photographic impressions. Here hydrochloric

sted frinn a Mixture of chloride 'of sadium
and nitrate of potassa, to which a little nitric acid had
been added, was the etching medium, and ammenia.and a
hot concentrated solution of caustic potassa the auxiliaries
to it in bringing the proce is to perfection—the former
hating the effect of removing the chloride of silver, and
the latter protecting the surface coated with the mercury
from the corroding action of the acid. When sufficiently
deepened the plate was washed and dried, smeared with
printers' ink, dried,cleaned, and the unetched parts gilded,
after which the remaining parts could be deepened at
will by first removing the ink. Another method dis-
covered by H. F. Talbot, and published by him in May,
1853, seemed to be most satisfactory. It consisted in
coating a well• polished steel plate with a mixed gelatin
impregnated with a strong solution of bichromate of
intassa; and, when dried, exposing this plate to the rays
of light impinged from the illuminated subject of the
or,, better, to the sun's rays, whilst a positive
graphic picture had been laid upon it. As in the
s bituminous method, so in this; the
influence .of the light-, rendered the parts on which it fell
insoluble, so that on subsequently washing in water the
,gelatin,and bichromate solution were removed from the
other parts, leaving a raised facsimile of the picture, the
lights beingrepresented by the bare metal, and the shades

caz4erz

case of Aic

-corresponding to the lights in the original by the
altered gelatin. On pouring bichloride of platinum upon
the washed surface, the plate became readily etched on
the parts from which the gelatin was removed. When the
action has been suffi3iently continued, it is arrested by
_washing with a sponge,. which removes the gelatin, and
drying. The plate now exhibits a delicate etching of the
picture on the steel plate, iu which the raised surface cor-
responds to the light and half tones of the original design.
Pretsch of Vienna published a method for effecting the
same purpose ; it has much in common with Talbot's,
brat instead of washing off the coating of gelatin, as
directed by the latter, it is merely soaked in water, to
swell the unaltered gelatin, and give the appearance of
an engraved wood-block to the figure.. An impression
of the figure is then taken with a soft material in the
way of a mould, and the latter is .rendered a conductor
of electricity, and copper is deposited upon it to any
desired extent. In this way a true impression is taken of
the photograph in copper, and may be multiplied at
pleasure. Latterly, Poitevin of Paris has used the same
materials as Talbot, and applied them to lithographic
stone, and the results appear to be very satisfactory.
Notwithstanding these several steps towards improvement,
much still remains to,be effected, both as to investigation
and discovery, to give the art the utility which it is
calculated to possess.

In colour piinting, or chromophotography, also, efforts
have.been made to impress the tints of the object upon
the picture by chemical agency, but the results have not
been as successful in this department as those just detailed
of photogalvano,graphy ; still, sufficient indications have
been given to show that the subject is feasible of attain-
ment. In chromophotography, or heliochromy, as the
process was called in France, Becquerel in 18.54 and
preViouily, showed that colours could be impressed on the
picture at the instant of its formation, by employing the
violet chloride of silver - a compound in which more or
less of a basic chloride exists—for taking the picture.
To give the subject more definition, he coated the silver
plates by means of chlorine liberated from hydrochloric
acid by voltaic agency, and in which solution the tablet
was immersed, attached to the positive pole of the
battery. As it was found that the shades were much
altered by the thickness of the coating of the violet
chloride on the plate, he introduced a voltameter of
water in the circuit, to measure from the volume of
hydrogen disenfiaged the quantity of chlorine set
free, and by this means he was able to determine
the quantity of gas that passed over a given
extent of the plate. When a plate so prepared was
.exposed in the camera to the solar light of the spectrum,
all the chief colours were produced, beginning with the
yellow and orange, and extending to the red and violet,
thus leaving a coloured picture. Becquerel observed that
a temperature of 212 to 302 degrees, applied to the plate
before exposing it to the spectrum, or a heat of 97 degrees
kept up for two or three days, modified the strength of
the colours, though giving good yellow and green-impres-
sions. . As these hues eoulenot be fixed so as to resist the
effect of diffuse light, they were looked • upon more as a
scientific curiosity. Niepce St. Victor being led to infer
a relationship between the colour which many bodies
communicate to flame, and, that which light develops in
a plate of silver coated as above, tried the effects of silver
plates excited in chlorine water impregnated with various
salts, such as 'chloride of strontium and the like, and
placed the plate in the camera for the reception of the
rays from coloured bodies, when the image became 'im-
pressed with the natural tints of the subject. Thus, an
orange was obtained by the use of chloride of calcium,
yellow by chloride of sodium or chlorine, red with chlo-
ride of strontium, green with boracic acid and chloride of
nickel, and so on, employing for any particular shade a
Substance which similarly colours the alcoholic flame, or
that of the blowpipe.
Mr. Hill, of the

iited States, had been engaged upon
the same subject,.andgave the public to infer that he had
arrived at satisfactory results in obtaining coloured pho-
tographs as early as 1850, by means of some chance
composition of a nondescript nature; but though he has
given details of the pictures he produced by this means,
the editor is unable to find any description of the method
or substances which he employed. It is certain, however,
that no sure means of impressing the hues of the natural
bodies upon the daguerreotype or photograph have been
yet arrived at; and notwithstanding the instances re-
ferred to, that the' discovery of the process still remains a
desideratum in the science and art of photography.
The art of photography is dependent partly on optics
and partly on chemistry. It is the business of the op-
tician to provide a suitable camera in which the photo-
graphic tablet may be placed, and the image formed by
the lens thrown upon it. It is the business of the chemist
to prepare the sensitive tablet in a suitable manner to
receive that image.

POOR RATES AND PAUPERISM.—On the last day of the
fourth week of December last, the number of paupers in
the receipt of relief in England and Wales was 857,903,
against 938,815 in 1857. This is a difference of 78,912,
equivalent to a decrease of pauperism amounting to 8.42
per cent.

THE Muitur.o IN SHEFFIELD.—The adjourned inquest
on William Wilson, the man who was stabbed on
Thursday morning last, was resumed in the Town Hall
on Wednesday morning. George Plant, the accused
person, voluntarily stated that, " going home late on
'Wednesday night, I met a man of the name of Wilson.
He came rushing out of a passage, took hold of me with-
out saying a word and knocked me down. Meeting him
again afterwards, he,ran. round at me again, tried to get
hold of me again, and whilst he was doing so he made a
rush at me. I had my band and the knife out in front
of me, and he fell on the knife." Plant also said that he
carried the knife for protection, as he had to collect
y for his employer. The jury, after bcing locked up
find a-half, returned u. verdict of

about four hours

Wilful Murder

SEDrCTION AND REVENGE.—A. young dressmaker of
Avignon, named Onzedoigts, I's .atried
by the Tribunal of Correctional o
•
wa•id‘ayfoorrthtsrvo°wairr nitric
acid into the face of a workman, named Paqer, here
he lost the use of an eye, and was
otherwiseinjured.
wby
This man, under the promise of marriage, formed, som_e
time ago, an intimate connection with the girl, and she
became enciente but all at once, on the pretext that she
was not a well-conducted person when he, formed her
acquaintance, he refused to fulfil his preinise. She went
to him day after day, and earnestly implored him to
marry her, but he. refused; he, heWever, consented to visit
her occasionally. Oa the 18th of August last whilst he
was in her chamber, she suddenly cried out, Monster!
I will make you repent year refusal to marry me !" and
threw the corrossive liquid at him. In support of the
accusation, gross imputations were cast on the girl's
character; but the jury were so much moved by her
solemn protestations- to tlke contrary, and by hearing that
a law
.days before she had given birth to
.4 ,child in prison,
that they acquitted her. .

CARDINAL WISEMAN'S VISIT TO
LIVERPOOL.

TO TILE EDIV:Ht OF THE NOItTIIEItN TIMES

Sir,—l fear from two or three local incidents
that have transpired on the occasion of Cardinal
Wiseman's visit, that our " Good Old Town " is
bent upon perpetuating the unenviable notoriety
and character of being the "hot-bed" of rampant
bigotry and arbitrary class legislation. One would
have thought that some manifestation of censure,
if not of indignation, would have been given
expression to by some one of the many newspapers
circulated amongst this large community. How-
ever, from one half of our local papers, we could •
scarcely expect such condescension, for, to use the
words of your correspondent, signing himself a
Scotchman," " they seem to be afflicted with a
perfectly maniacal hatred to Catholics in general,
and great Cardinal in particular ; " but that
such liberal and independent papers as your own---'
the Daily Post or the :Mercury, should have
passed silently over, the infamous and disgusting
riot---the dastardly outrage on the carriage of Car-
dinal
Wiseman—is inexplicable, to say the least of'
it. First came'the scurrilous and unprovoked attacks
at the Concert Hall, where the hitherto unknoWn
Rev. Mr. Robinson, who glories in public, that he
is a happy man—that thanks God he can say
that he' dreads no condemnation ! and then, with
unblushing impudence, endeavours to make his
gullible auditors believe that the Cardinal had
some hand in the Jew child case, by singing out,
" who stole the child," " who loads poor people
with chains, and caste them into prison," &c. His
idle twaddle about the Popes must cause some to
pity, and many to despise the " happy" retailer of
such foul and flagrant calumnies. Then follows
the hint that was acted upon when the Cardinal
was returning from delivering a lecture—during
the delivery of which not a word was uttered to
give offence to any class. It looks very much like
the practical carrying out of the hint Mr. Rev.
Robinson gave for the dastardly attack on the
Cardinal, when he exultingly exclaimed—" Oh ! if
that Cardinal were here to-night, I think if he never
vanished before, he would fly before you." This
appeal to the brutal and low passions of his auditory
seems to have been frantically taken up ;by those pre-
sent; the convicted young man Veevers was one of
them, and the 150 kept at bay by the well directed
efforts of the_ police, were no doubt a -part of the
same audience that was afterwards addressed by a
German adventurer, who now and again makes
some spasmodic efforts to gather some forty or
fifty of a congregation in an obscure building in
Sir Thomas's Buildings. He, at least, will never
be over-estimated for those virtues and qualifica-
tions that befit a Christian minister ; but he may
be pitied and sympathised with by a few old
women, for the fifteen years of "grief and astonish-
ment" with which he has seen the indifference and
apathy regarding the inexhaustible subject of
Popery. •

It does seem passing strange, that people should
be led away by such flap-trap orators, who, in the
poverty of their intellect and talents, can find no
other means of making themselves known than by
indulging in such unprovoked and scurrilous abuse
of " Catholics in general, and the Cardinal in
particular."
Then comes, last, though riot least, the discus-
sion in the Council chamber on Wednesday last,
regarding the use of the concert room in St.
George's Hall, for the Cardinal to deliver a lecture
in. The mere fact of not being granted the use
of the Hall is a matter of no moment, as the par-
ties, it seems, wanting it, obtained a more suit-
able place, and at a less cost; but, as Mr. Woodruff
said, there is an impression abroad that the use of
the room was refused because the gentleman to
give the lecture was a Roman Catholic—and really
such was the fact, disguise it as they may, for the
rules are, that the Hall be let for general enter-
tainments, excepting only those for " political
purposes." I think the Catholics, who constitute
a large proportion of the community, have been
badly treated, not to say insulted, and the narrow-
minded bigots have overstepped common discre-
tion and equity—at least such is the opinion of

SPECTATOR,

Liverpool, Feb. 4th, 1859

P.S. -:-These gentlemen of punctilious and deli-
cate feelings could let the Hall to a parcel of
strangers with blackened faces and woolly hair ;
aye, and could stand by and see the stars and
stripes floating from the flagataffon such occasions,
but to let the Cardinal lecture in the same building
was too shocking.

MARKETS INSPECTION,

TO THE EDITOR OF THE NORTHERN TIMES.

Sir,—A short time ago a friend of the writer
being in Liverpool, and about to return home per
railway, made a purchase in St. John's Market.
He, on getting home, or rather his wife, found he had
been cheated, the article being the very opposite
of what it was sold for. He returned it to me in
order that I might ask for explanation and cor-
rection. I called upon the dealer, bift could get
no satisfaction. I intimated I would complain to
the Inspector ; but he remained unmoved, and
apparently unconcerned, as to any complaint ill
that quarter. I did complain ; was promised
that enquiry
.. should be made, and ex-
-planation sent. No explanation was sent.
I called again, was told the dealer had gbne away,
but, on passing out of the market, I observed the
name still up, and business going on as usual. I
subsequently, in passing, called again, but was put
off in a most unsatisfactory manner, and I could
only think the Inspector inclined to screen the
dealer. The remarks in the Town Council,
on 'Wednesday, have enlightened me a good
deal. While the committee are upon the subject
of Reform, I suggest that they make the receiving
of any "testimonial" by the inspectors punishable
with dismissal. Such gifts, under such circum-
stances, can only be classed under " bribery and
corruption." If the committee do this, they may
More reasonably hope the public interest and their
own will be the first cared. for.
A RAILWAY OFFICIAL.

M.
Montalembert has had two. silver statuettes made,
representing Demosthenes and Cicero, intending to pre-
sent them to,the two counsel who conducted his defence
in the late trial.

PORTSMOUTH, Friday.—A large steamer, ship-rigged,
reported similar in size and appearance to the Hima-
laya, is ashore on Peel Bank, but is expected to come off
with, the flood tide

The colliers of Greave, who recently turned out for an
advance of Bd. per day, have returned to their work,
sixteen to Messrs. Lord's,i and thirty-six to Messrs.
Townsend's, having obtained half the advance for which
they struck.

The Coreegpondancia Autografa publishes a letter from
Cochin China, which asserts that the Emperor of that
country was so alarmed at the comet that he had
fastened himself in a tower with poison and a cord, in
order to put an end to his existence in the event of its
causing any disaster._

A.TEMPERANCE MOVEMENT IN THE RIGA/ANDS.—
The Perth Courier says :—" The . Marquis of Breadal-
bane and other noblemen and gentry of the county of
Argyll lately resolved to suppress licensed drinking
houses on their respective estates, with the view to the
moral and physical elevation of the Highlands."
Thu MURDER AND SUICIDE AT MANCHESTER._ On
Wednesday, Mr. E. Herford, the city coroner, held an
inquest on the bodies of William and Ellen Robinson ;
and, after hearing the evidence, returned a verdict of
" Wilful murder against Robinson, and that he had, after
murdering his wife, committed suicide by hanging him.-
selk while in an unsound state of mind."

MR. POOLE AND THE Aucumsuor.---Some influential
gentlemen ;of Belgravia and its neighbourhood, styling
themselves " The St. Barnabas Church Association," have
issued an appeal to "all lovers of English justice and fair
Play," liberally to contribute towards the expenses which,
by justice not having hitherto been rendered to him, the
Rev. Alfred Poole has needlessly had to incur.

THE BURNS PRIZE CONTEST.-Mr. TT Myers, the
young gentleman mentioned in the papers, as being the
author of the second best composition sent in for the
prize offered by the Crystal Palace Company, our readers
will be pleased to hear, is at the present time a pupil in
the Rev. Principal's division of the First Class at Chel-
tenham College, and will be immediately recognised, by
those taking an interest in the progress of this noble
institution as the author of the two. spirited composi-
tions on " Belisarias" placed first and second in the
College Prize Poems published at the commeneemont of
last Midsummer Tacation,—Cheltenharn Oronick

THE RIGHTS OF THE ARMY AND NAVY,

TO THE EDITOR OF THE NORTHERN TIMES.

Sir, --You will be conferring a great favour upon old
soldiers, sailors, and their children, by inserting the
following opinion (upon the much vexed qwestion of their
privileges,) of Mr. J. Smith, the eminent solicitor, Bir-
mingham.=—Touri, RICHARD HILTON.
16, South John-street, sLiVerpool, 'Feb. 5.

TO TILE EDITOR OF TILE MORNING CHRONICLE

Sir,—l have observed in various newspapers that dis-
cussions have taken place in reference to an application
made by me to the Dudley magistrates, on behalf of Mr.
Timothy Salmon; that he should be allowed to exercise the
trade of a victualler, without a license, on the ground
that he is the son of a soldier who served in the army for
five years, between the Years 1802 and 1816. The Act
of Parliament under which I made the application is the
55 Geo. lIL, c. 67, the preamble to which act is as fol-
lows :

" Whereas there have been and are divers officers, mari-
ners, soldiers, and marines, who have served his Majesty
in the late wars, by sea and land, some of whom are men
that used trades, others that were apprentices to trades,
who have not served. out their times, and others who
by' heir own industry'have made theniselves apt and fit
for. trades, many of whom, the wars - being now ended,
would willingly employ themselves in those trades which
they were formerly accustomed to, or which they are apt
or able to follow or make use of for getting their living
by their own labour, but are or may be hinderpd from
exercising those trades in certain cities and corporations
and other places within this kingdom, because of certain
bye-laws and customs of' those places ;" for remedy
whereof "be it enacted by the -King's MoSt Excellent
Majesty; and with the advice and consent of the Lords
Spiritual and Temporal and Commons in this present
Parliament assembled,. and by the authority of the
same, . that all such officers, mariners, soldiers, > and
marines, a; have been at any time employed in the service
of his Majesty since the 22nd day of June, 1802, and
have not since deserted the said service, and also the
wives and children of such officers, mariners, soldiers,
and marines, may set up and exercise such trades
as they aro apt and able for in any city, toWn, or place
within this. kingdom, without any let, suit, or molestation
of any person-or persons whatsoever for or by reason of
the using of such trade."
The words ""because of certain bye-laws and customs
in those places appear to be the stumbling block upon
which such diversity of opinion arises, but, when it is
remembered that the statnte,gives -a right to the children
of soldiers to carry on trade, the question presents itself
as to what local hindrances existed to prevent such
!Children from carrying on 'any trade which any other
person might do ? If the -hindrance meant 'Merely the
want of citizenship, the statute would have been explicit
on that point., andyet perfectly' silent onthe subject;
and I know of no other local hindrances to any trades not
requiring lidenses,_ except those where 'the 'freedom of a
city is necessary to be held by an individual trading
within 'each city boundary. Is it reasonable to suppose
that au Act of Parliament would have been passed to
eriable soldiers and. others mentioned therein to commence
trading: without being citizens ? Surely such could never
haVe been the intention of any Government, especially
when pressed by the numbers of soldiers and others
dependent for support upon it, and; thrown out of employ
immediately, the war of 1815 had terminated. In the
first section. of the 56th George 111., cap. 67, are these
significant words`-"'shall riot be sued,, irnpleaded, or
indicted in any court whatsoever within this kingdom' for
using or exercising any such trades as aforesaid." What
indictment could lay for any infringement for want of
citizenship? None. But an indictment could hare-been
prosecuted for carrying on any prohibited trade requiring
a license, or for non-payment of governmental rights.
If the question rested here, I do not think any common
sense view of the meaning of Government (bearing in mind
its liability and difficulty to provide for soldiers,. &c.)
could be so. confined and limited as to narrow the mean-
ing of the words, "by-laws and customs" to mere local
hindrances ; yet, had this been the intention of the
framers of the statute, it has- signally failed, . for the 4th
section of the 56th Geo. 111.,
.c. 67, enacts— •
Sec. 4. Provided always' that this act shall riot be'in
anywise prejudicial to the privileges of the Universities of
Cambridge or oxforclor either of, them, or :extend to give
liberty to any person to set up the trade of a vintner, or
to sell any wine or other liquors within the said Universi-
ties, without license first had and obtained from the Vice-
Chancellor of the same respectively."
The exception in this section proves the rule, for what
necessity was there 'to prescribe the right to set up the
sale " of wine and other liquors" within the Universities
of Oxford and Cambridge without a license, unless every
other place was excluded from the prohibited "local hin-
drances?" Take the .converse of the 4th clause of the
statute with a view to test the correctness of the interpre-
tation put upon the entire act by several learned magis-
trates. Suppose- the statute had
,said any person might
sell " wine.and other liquors " within the jurisdiction of
the Universities of Oxford and Cambridge, could 'any
reasonable mind doubt that it was intended to exclude
all other places ? If not, every fair construction of law
and common sense must ,mean that "wines and. other
liquors" maybe sold elsewhere than Within the prohibited
places. It may at the present time be 'highly inconve-
nient to grapple with the difficulty, but the privilege does
exist, and must be got rid .of legally and not by any
strained and straw-splitting construction which may be
forced upon the public.
Why will not those interested in the subject (and there
'are thousands) join together and try the question ? The
General Licensing Act,. 9th Geo. IV., repeals, eo nomine,
all other acts oeparliainent in reference to vintners and
victuallers, except the 56th Geo. 111., c; 67 ; and as no
other statute repeals it, as a consequence it is still in force.
Apologising for intruding on your Valuable space, I am,
sir, yciur obedient servant, • JOHN S3fITII.
Birmingham, Nov. 16.