The Sun.
London, England, 1852-09-22 00:00:00

EVENING-,

could discern he saw rightly; but he could not see
enough. In the case of Catholic emancipation, be
inflict
perceived a coming civil war, and with the courage
that would rather bear obloquy than
miseries as civil war entailsmagnanimously
, be
Reform he opposed
such
yielded his political preferences.
because he " could not see how the King's Govern-
ment was to be carried on." He professed no theo-
retical distinction of right; he never said that the
aristocracy ought, as a moral choice, to have the
,
government of England ; but he had a machine that
would work, with which, indeed he had secured
England's safety in the Catholic emancipation
against England's will, and he did not wish to
see the machine broken till be was sure that another
could be provided. When the Reform Bill had done
that, he accepted it, and, in his way, he did his best
with it. Never a violent partisan, in the latter years
of his life he has been almost released from party
altogether. As Commander-in-Chief he has inde-
pendently pursued the good of the service, and applied
the nation's forces to their most effectual purpose. He
has been an arbiter between factions, with the power
of the House of Lords to enforce his decrees. Of thatinstitution he may almost be said to be the saviour, in
moderating its opposition when oosition was most
dangerous. The Peerage was instinctively grateful
to him. He held its decisions often and continuously
in the proxies he had in his pocket. To the last it
would have been a desperate attempt to move the
Lords to thwart his will or oppose his judgment. He
had a veto, at least, upon all that was proposed in the
British Legislature. He is gone. The Northmen, s
image of death is finer than that of other climes ; no
skeleton, but a gigantic figure that envelopes men
within the massive folds of its dark garment. Wel-
lington seems so enshrouded from us, as the last of a
mighty series, the greatest closing the procession.
The robe draws round him and the era is past. His offices
and honours lie like a wreck and spoil on his empty
path. They must only be taken up by worthy
.hands
It will be an additional reproach upon all insuf-
ficiency, that it struts in the garment of the Duke of
Wellington. Royal personages are bruited as, his
shun the comparison. Let
successors in his greatest function, that of Comman-
them pause before they revive ideas which it is wise
in their order to obliterate. It will be difficult
enough to arrange for the due performance of that
anomalous office. We require at once a security that
it should not be made an instrument of party bribery
Comman-
der-in-Chief. Let them
by a Minister of War, and that it shall not be re-
moved from the animadversions of
üblic opinion in
the House of Commons. There is a knot to
be loosed as intricate as the East Indian Government.
But, in any case, the Commandership must not be
the prize of blood, or interest, or connexion. Prince
Albert would begin his unpopularity by assuming
p
such a dignity, to the exclusion of men who have
earned their experience in hard soldierly life. The
insult of placing the Duke of Cambridge in such a po-
sition is not to be surmised without proof. As to the
minor means of patronage, even
to the bestowal of
the riband of the Garter w e are entitled to demand
a strict account.
There is no irresponsible patron-
age now. If an institution, eves
of chivalry is to be upheld, it such as an order
must be by asso-
ciating to it only such as mankind will willingly
honour. If publio assent does not confirm the new I
knight in his election, his companionship
is dis-
graced. We know the suddenness of selfish action,
or we should not advert to such topics in this article.
By the memory of the past we charge the dispensers
of the future. And here we pause, not from having
exhausted our subject, but of necessity, being content,
eneaegdreneedt,
for the moment, to yield our concurrence in many
points on h
and
fear
t o m
to
aieta propoundmaintain.
such.
differenceswich men are
as w
Many among our readers will have to talk of the
subject of this article to satisfy the interest of
children's children ; the best
proof of the sincerity of
present praises is our belief that his name will be
spoken to children's children with increased 1
reverence
I
and affection.

7HE ESSEX MAGISTRATES-THEIR LAW
AND THEIR GALLANT.RY.

TO THE EDITOR OF THE SUN.
SlE,—The Essex magistrates, when they decided
the charges against Mr. Simpson and Monsieur and
Madame Poitevin, declared their perfect consciousness
that the eyes of Europe were upon them. I certainly
was not previously aware that Europe occupied her
visual organs in gazing on such intellectual objects as
the Solons of the Ilford bench; but, if it be so, and if
her ears as well as her eyes were employed on the oc-
casion in question, I cannot but think that she must,
like myself; have been very much at a loss, on hearing
the decision at which these learned gentlemen arrived
with regard to Madame Poitevin, whether most to
admire their gallantry towards the sex, or their pro-
found knowledge of the law which they professed to
administer.
The magistrates were sitting in the character of a
jury, and in that character were called upon to give
the accused the benefit of any reasonable doubt, and
this obligation, which applies to every case whether
decided by a jury or by
magistrates acting in their
judicial capacity, surely was not the less imperative
because upon this occasion the offence charged was
one created by statute, and the person accused was a
foreigner and a lady ; but, if it turns out so far from
there being a doubt, the law was clearly in favour of
Madame Poitevin, and neither the care which doubt
engenders, or the sympathy
commands, were necessary to lead to her acquittal.
What will Europe say, when, having withdrawn her
gaze from these her favoutite
sons, and the sound of
the oracular words which proceed from their lips
having died away, she exercises her judgment on their
proceedings ? which the weaker sex
It will be recollected that the alleged offence was
committed by Madame Poitevin in the presence of and
in company with her husband not only
, he being
actually present, but taking a
part in the transaction ;
and therefore, unless there was something in this case
to take it out of the general rule as to the presumed
coercion of the wife in offences committed by her, in
the presence of and jointly with her husband, she was
undoubtedly entitled to an acquittal. It is true that
this rule of law simply raises a legal resumption of
coercion, which is capable of being rebutted by evi-
dence ; but in this case no such evidence
in full
and therefore the presumption of law remainedend although
force in favour of the female defendant ;
rule applies to certain offence,, mala which this
there is some question as to the extent to was given,
extend to a
authority for the position that it does not
the con-
statuteable offence of this description, but on
Price, 8 c. and
trary, the reported decisions, Rex V.
262, clearly
p. 19, Anon. Matth. Dig. Cr. Law,
show that it does. I am quite aware that these are
decisions which, it has been contended, take all cases
_
in se, there is no
below felony out of the operation of this rule; but. I
believe that on examination of all those cases it will
be found that their effect has been misconceive .ye
those who have drawn a distinction which in,. ,_th-t
more recent cases is, after consideration,
and, therefore, I think I am justified in contending'
ti
that the decision of the Ilford Bench exhibits on
al
want of legal
knowledge, of those who pronounced it a eagnd
knowledge, as well as the absence of that courtesy
might
consideration which a lady and a foreigner.t tes
magis ra
have expected at the hands of English
and English gentlemen.
Ilford
The difference between the proceedings at,
repumated
case
and the course pursued by Mr. Arnold in tn
which was heard before him,
refused to permit his feelings or his private opinions
sr,
to interfere with the construction which' 88 a law
it
he felt himself called to put upon the statute
which
to our
duce his duty to interpret, is so self-evident as
our
anxious that
duce even those who are the most
that influence
country gentlemen should possess t
in-
With which their position as justices of the peace
even that vests them, seriously to doubt whether
close adminis-
just the .
con-
sideration ought to weigh against the unpaid services
tration of justice; and whetherwho so determinedly
refused
if
with on the
ought not to be altogether dispensed
judgment-seat, something like a
its ad-
the law ought at all events to be possessed
should strongly ad-
ministrators ; but be this as it may, I
13 while the Benc ,
advise the Solons of the Ilford
the sake of their own
pre-
sent system continues, for .
kind enough to
Credit, to request that Europe will be . _
decent knohwyledge of
shut her eyes during their
I am, Sit, BcC"
t. 18, 1852. present deliberations.

Temple, Sep

T. B.

dinary
THE OLD
lleald and Mr. W. J. Fox. great deal of ex
flags and HA......................--Ai
ELEcTi0N...........A
, the most
eitement exists at Oldham in reference to the ensuing
election in the room of Mr. Duncuft, deceased, and although
The town presents an extraor-
the election cannot take place until November
active exertions are being made by the two candidates, Mr.
every
o f
the public-housepoli t exhibitsieal
sen -
but there does not seem to be any foundationn ight,
at s forom the h eo
f rumour.
which
TOhldehreamarheams beeeteinnggsenalemraolslyt
erveme
degreeb
annoefr withbanners bustle
devicesalmost indicative
fitments of the respective candidates. There has been a re-
port that Robert Owen, the Socialist, would offer himself,
to say violence, it exhibits at elections, but party spirit has
never been so strongly manifested as upon this occasion.
such a spirit of turbulence has been exhibited that the friends
of Mr. Fox thought it advisable to appeal to the magis-
trates to take some steps to protect the inhabitants. The
consequence is that placards are now posted on the walls
deprecating the use of flags and banners, and stating the
determination of the magistrates to prevent riotous
assemblages. Already many windows have been broken,
and other injury done to property. On Saturday, in
spite of a drenching rain, the supporters ot)Mr. Mr. Heald had an
?pen air meeting near the town- All passed off quietly, but
in the evening the town was in an agitated state, and
the merits, or rather the alleged demerits of both candi.
dates were discussed by the respective parties with conside-
derable warmth. The placards and other articles put for-
ward attract public attention in a very high degree, and
when the time for the election draws nearer the contest will,
no doubt, assume a still more formidable character. The
general opinion at Oldham seems to be that Mr. Fox will be
returned again.
THE COMMANDERSHIP-IN-CHIEF OF THE ARMY.—It
is, We understand, confidently reported that the post of Corn-
mander-in-Chief of the ArIPY will be offered to Lord ihr-
diuge.-.-Clironicle.