The Sun.
London, England, 1852-06-05 00:00:00

JUNE 4

STccs EXCHANGIC.—We have no improvement to notice
to-day. The transactions have been very limited, and prices
varied little from those which have been quoted for the last
few days. The sales reported,were—Birkenhead, Lancashire,
and Cheshire (late Chester and Birkenhead ),18—Birmingham
and Dudley, 30 Caledonian, 18N —East Lancashire 17
Lancashire and Yorkshire, 71 ')%g —Ditto, Fifths (West Riding
Union), 4 1.16 dis.—London and North-Western, 122--
Midland, 671/2—Shrewsbury and Birmingham (B), 554
Os westry and Chester, 13 Sonth-Eastern and Dover, 2054...
York, Newcastle, and Berwick, unpaid-up, 2 15-16 dis.
BIRMINGHAM, JUNE 4.
srocic ExcimaiGE.—The business to-day was very limited.
The only transactions reported were—London and North-
Western,l22—Shrewsbury and Birmingham (A), 7.-A.

THE ELECTI?IPANIESC TELEGRAPH COM.
Yesterday, on the re-assembling of the Committee--.
Rjuirg.hstillanoi7y. LordAillor. wet
tham;aErkisr
arl,sJee. Jermyn, Mr. Baldock
Gilpin, Earl, and
Miller were examined on points of scientific technicality,
after which y,
Mr. Hope, Q.C., on behalf of the Electric Telegraph
heads of
Company, summed up the evidence againstthe
penal charac-
Bin of
the British Company in one of his usual able addresses,
extending over two hours and a half, the
rthoepousnedpretcoedbeentoendnafen
conferred by the Bill
which, for want of space, may be indicatethas
before the Committee—unprecedented
tteorwoht atthheepteewrineresdp
garded the compulsory powers to - and penal as re-
railways, as well as in the item of interfere with the
bility, which, if conferred on
one proposed limited lis-
should be extendedlsimultaneou 1 telegraph company,
Counsel drew the attentions yto all. The Learned
want of a subscription cont of the Committee to tee
of things disclosed in the evidenceract, and satirised the state
been no telegraph laid down as to there having
the balance-sheet furnished since 1850, asserting that
Competition in matters a solution to the enigma.
the present case would generally was a delusion, but In
between the parties and be creative of continual squalls
competition in any the railway companies, and if
of telegraphs it w" ul shape were carried out in the matter
of
d be the alternative one that has
been suggested,
The Co • a route by the old coach road.
Committee then a 1 d'ourne Untild Monday, when
Mi. Sergeant W
raugham, Q.C., will reply for the British
Company.

ASCOT RACES AND THE R
[lnvEuTrsestenT.]
soenenthaeridknool' AL ERRIBITION,A
valuable, newly-invented, very sinag powerful waistcoat
pocket 1
country scenery
g-aass the size of a walnut, by which a person can be
Racecoursewn li, miles
a t thedis
distant; they every purpose
and ships are clearlyseen at 12 to 14 miles ;_they are invaluable
for shooting, deer stalking, Yachting, to
had Sportsmen,
Gentle men, Gamekeepers, and Tonne
dill be at Messrs.
S. and B. Solomons, Opticians, 39, Albemarle-street, Picca-
dilly, oppos:te the York-hotel. Telescopes—A new and most
important invention in Telescopes, possessing such extra-
ordinary powers, that some, 3if inches, with an extra eye piece,
will show distinctly, Jupiter's Moons, Saturn's Ring, and the
Double Stars. With the same, Telescope, weighing
only three
Minces, can be seen a persons
.countenance 3i miles distant,
. . from 16 to 20 miles. They supersede
and an object .
other kind foe the waistcoapocket, and are of larger anedveZ
sizes,
with inervageg powers accordingly. Opera and Race-
course glasses, with wonderful powers; an object can be
14 to 16 miles distant. Messrs. S. and B.
clearly seen from
opticians, have invented invaluable preserving
Solomon'
le, Lei2SES, immediately they are placed before imper-
Spectac
feet vieion,. every object appears clear and distinct, the most
aged defective sight becomes bright and brilliant, is brought to
will, natural, and original state. The Invisible Or-
its you .
Or-
ganic Vibrator, and all kinds Acoustic* . .
of instruments for relief
of extreme deafness. —39, Albermarle-street, Piccadilly, op.
posits the York iloteL
[ADVERTISEMENT.]
Du- Barry's de'icioua Food cures Indigestion,
dyspepsia, constipation, nervous debility, and nervouf,
bilious, and liver complaints in all their varied forms, with
spasms, cramps, flatulency, acidity, headache, sickness, de-
pression of spirits, &c.— Extract of a letter from Mrs. Mary
Godsmark :—" Hunton, Nov. 22, 1850. Dear Sir,—l am
happy to inform you that your excellent Food has relieved
me from an incredible accumulation of suffering, for
i
during the last eight years, all kinds of medicines had which,lell'
been'
tried in vain, My feelings and sufferings previous
to taking
your Food were the following :—lndigestion
biliousness„ affections of the liver and kOne , nervousness,
Y
palpitation of the heart, noises in the ear, a, costiveness,
all the body, low spirits, general debility,' pains in almost
wretchedness, thoughts of self-druct
est loss of memory,
suitably packed for all climates, and ion."—ln canisters,
11b. 2s. 9d; 2lbs , 4s. 6d-; 51bs , Ils with full
super-re-
fined,instructions--
51bs., 225. ; 101bs., 335. •
The • ; 121b5., 225. ;
free, on receipt of post-office 101bs. and 121bs. carriage
Co., 127, New Bond-street, Londonorder.--Barry Du Barry and
Co, 182, Piccadilly; Hedges
and all respectable andgrocers
and Butler, 155, Regent-street,
chemists.
THE NATIONAL GALLERY.—Two valuable pictures
purchased at the sale of the late Marshal Soult's collection,
and at another sal
the National e 111
Paris, on account of the trustees of
Gallery, have arrived and been safely deposited
in that establish
Palma Vecchio. mein. One is by Titian, and the other by

Wedoesdoy; the 46th, ult„ at Bideford
Devonshire, deeply lamented,. Henry Charles Boisragon
E. lU„D,, cSc., an aceomplishea scholar, and one of our
toosteelebrated physicians..: By all who,had the happiness
of enjoying the privilege of his friendship, h. 3 loss must ever
be regardeu as irreparable.—ED. .Sun.
16113• CITY OF LONDON ELECTION.—Last night a
crowded meeting was held at the White Hart, Tavern.
Bithopsgate-street, to consider what steps should be taken
with reference to candidates for the City at the forthcoming
general election. Mr. R. Bateman presided, and the
speakers were Mr. C. Gilpin, Mr. Scobel, Mr. Brook, Mr.
Donald, Mr. HoPgotxl, and Mr.- Rocroft. Considerable dis-
satisfaction was exprened at the packed and private cha-
racter of the meeting, ire which it was determined again
to bring forward the present Members; and reeo!utions in
the nature of a protest-against that cou:se were adopted.
'APOTHECARIES RaLt.—The following ere the
names of gentlemen who passed their examination in the
science and practice of medicine, and received certificates to
ppractice, on Tuesdays June 3, 1852 •--Chari,"!s3 Dudley
ni
Kingsford, Wellington-street, Sputhwarlr, Ileamin Richard
Lawrence, Cheddar, Somerset; 1.1 11,-)yd Mushet,
COventry; Henry James Eliery, Truro, Cornwati,
DUBLIN, FRIDAY EVENING.—Dr. Cullen has re- '
ceived the Pone's brief appointing him Roman Catholic
Archbishop of Dahlia.

•
.„44'sr, 747.
• 074

Cif,4l 1):j rif).ll4,
44,11
LONDON, SATURDAY• JUNE 5, 1852.

An imoortent declaration has reached this country
from the opposite banks of the Rhine—a declaration
that Germany regards with profound satisfaction the
course pursued by the PRINCE PRESIDENT of France,
both in reference to his foreign policy and to his sys-
tem of domestic government. It is avowed, indeed,
by those who are there watching the progress of
events throughout Europe, that so long as France
refrains from the disturbance of existing treaties, the
question of an Empire or a Republic must continue
to be a matter of indifference to Christendom.
There is much significance in this acknowledgment,
coming, as it doe?, at a period when the worn-out
dynasties of an age gone by are thrusting their
representations again upon the attention of the world
through the meddling diplomacy of M. BERRYER, or
through pragmatic letters signed by the Comte DE
CHAMBORD or the Duchesse D'ORLEANS. From
none of these proceedings on the part of the se-called
Legitimatists—meaning thereby, according to the
prevalent " rule of contradictions," those who are not
notoriously the iilegitimatists—can arise anything
save a renewal of those evils which have at length
been happily allayed, a wholesale revival of disasters,
agitations, and embroilments. France is at this
moment tranquil, and not only tranquil but pros-
perous. Society hes there been restored to
a state of equilibrium. Activity has again appeared
simultaneously in her agriculture, her commerce,
and her manufactures. Paris, instead of being, as
for a long while past was, evident, so dull and spirit-
less as to be gradually sinking into a condition closely
approximating to that of bankruptcy—has once more
put on her. gala dress, and has recalled the. days of
her former glory. The shopkeepers, if not
driving "a roaring trade," are at any rate in a fair
way of seeing their almost forgotten hopes approaching
the uttermost limits of realization. Confidence has long
since been re-established at the Bourse; end the funds,
instead of perpetually dropping, after each revival, below
zero, have risen to a height for a considerable period
unprecedented according to the , tabular records of
'Change, those scales of the mercantile Fahrenheit.
Meanwhile 'the rigorous law?, which were found to be
essential for the emergency immediately after the
famous coup di eta of the 2nd of December, have
long been abandoned as altogether unnecessary, and
in their place the code Yapoleon has been reinstituted
as the palladium of tb; rights, the guardian of the
property, and the upholder of the institutions of
thirty-five millions of. .Frenchmen. Scene
time since we heard a great deal
about the hatred of the people of Farce
for• the daring potentate who had so very leer-
lessly taken the precious jewel of the national
sovereignty and " put it in his pocket," according to
the example of a well known prototype. We were
told that web was the ferocity of his, policy and such
the consequent thirst of vengeance among the multi-
tude, that Louis NAPOLEON never ventured to appear
in the streets except in a 'cloeed carriage with bullet-
proof panelling, surrounded by a body-guard of Cui-
rassiers with drawn swords and pistols—probably
revolvers—ready cooked. His soldiers were generally
represented as in a etete cf intoxication—and this
not with heiltaps but bumpers, not with yin ordinaire
hut with the choicest flasks cf champagne. Their food
was, moreover, reputed to consist principally of certain
highly-seasoned sausages, which might possibly ties
count fbr the unusual blood-thirstiness engendered in
their already sanguinary temperaments ! One more
than ordinary impassioned wight was induced, for all
these reasons, to designate the Prince a sort of Mon-
ster Colonel BLOOD—although neither the diadem
nor the sceptre were ever detected in his possession.
Another, inspired by an amount of histdrical and philo-
logical knowledge beyond the comprehension either of
Baron HUMBOLDT or of Mr. LAYARD, went so far in
the agonies of vituperation as to liken the soldiers of
the PRINCE PRESIDENT to the " Preetorian Guard" of
BELSHAZZAR ! Yet, at this very pried Louis Nero.
LEON was sometimes cantering his horse down the
Champs Elys es, with an escort not more ostenta-
tious tan that usually accompanying Prince Amenne
when be rides down Constitution-hilt, or at other
times was driving in an open phaeton through the
streets of the French capital as leisurely as any of
the denizens of May-fair have rolled this afternoon
over the mud of Rotten-row. A glance
at our Parisian intelligence will have assured
our readers of the, accuracy of these statements
long ago: and this very day will be found in another
column an additional fact by way of illustration. So
much for the hatred of the French for their PRINCE
PR
PRESIDENT. So much for the rod of iron said to be
stowed away somewhere in his apartments at the
Elys6e. So much for the champagne-drinking,
sausage-devouring fire-eaters, said to be everlastingly
guarding with their drawn swords and rifles a-cock
this man so accessible, so fearless, and so self-pos-
sessed.

It may be remembered that among those English
newspapers, and they were sufficiently numerous,
which were infected . by the anti, Bonaparte-
phobia, there votes one which rendered itself peculiarly
conspicuous by the rabid intensity and rancorous
vigour cf its vituperation. Even upon this organ the
calm and sedate course of events in the French Re-
public has of late proved not altogether inoperative .
A. curious example of the moderation of tone in-
•dulged in by our contemporaries in reference to
Louis NAPOLEON is afforded to-day by the foreign
correspondence of the Morning Chronicle, among
which occur the following remarkable observations
—" Truth demands the avowal that there is not a
Sovereign, a Minister, or a diplomatist, on this side
of the Rhine, who does not accord ample justice to
the PRINCE PRESIDENT for the exactitude with which
he has hitherto fulfilled his peaceful declarations, and
for the consummate moderation he has exhibited in
his diplomatic relations." Nay, as if these remarks
were not sufficiently explicit, the writer continues--
"Right or wrong, matters not; but all wish him
strength to continue his mission, and to fructify his
apparent efforts to restore order at home, and prevent
disorder abroad. If he confirms as he has corn.
menced, they will hail his name as a blessing. He
has their sympathies—and he alone ; for the French
people, over whom he rules with such mythic
facility, if suffering, are regarded as meriting
their chastisement ; if contented, as enjoying more
than they deserve." That from the Morning
Chronicle! It reveals a development in the progress
of opinion upon the present Ruler of France emi-
nently entitled to consideration. Tiae truth is—the
continued tranquillity of the country, which, before
Lome NAPOLEON'S rise to supreme anthority, was
"nth:many liable more or less to periodic agitation,
commands for the policy of the PRINCE PRESIDENT a
calm and "
respectful examination. Reviewed by its
most intemperate assailants, that policy, by its pecu-
liarly pacific character, extorts, in the popular phrase
of the day, even from them, the verdict—" All
Serene."

The appeal, against
the Court of Session • Scotland,managed
the Glentilt case for nearly
' he
day decided in t Houser of Lto suspend
5 l the interlocutory judgment of
a by which the Duke
Of ATHOLL has
proceedings in
four years, was yester-
ords, As might have
been anticipated, the appeal Was diem. , „,
coats,
and wiLu 14
and the judgment of the Court be -I
every particula..
on
- The questi low affirmed in
, however, bas not been
finally disposed of. The merits of the vase on either
side did not come under the consideration of their
Lordships. There was nothing argued but the
preliminary objections taken to the right of 4 the
pursuers to maintain their action. These objections
were founded on mere technical difficulties, Which, if
sustained, would have had the Effect of preventing
persons whose right as members of the eZmmunit,y
bed been invaded, from obtaining any remedy for the
injury they bad sustained. The substantial question
in dispute was, whether the road through Glentilt
was a public road, whereon any and every
one of her MAJESTY'S subjects, going on hi,
lawful business, haa a right . of way, or whether
it wad, us averred by the noble defendant, a ,
.
mere private road, formed for the convenience

of certain farms which have been long since desolated '
and thrown out of cultivation, and their inhabitants
evicted, and of a hunting lodge belonging to his
Grace. This being the real point, the Noble Duke
raised a collateral issue, " that.the pursuers had not set
forth, and did not possess a sufficient title and interest
to raise and maintain the action." Had this last-men-
tioned question depended on the English law, it would
have been speedily decided. Any individual could
insist on his rights as a member of the body politic,
and could put forward a claim on behalf of the public
generally, so as to obtain the speedy judgment of a
competent tribunal. It was, however, contended that
the law of Scotland was less favourable to " the
many," and that what were termed " popular ac-
tions," or suits on behalf of the public, were thereby
discouraged, so that a special interest should be
averred and shown to entitle the claimant to relief. If
these arguments were well founded, it would follow
that the Noble Duke, or any landed proprietor in
Scotland, could at his mere will and pleasure deprive
the public of privileges which had been enjoyed from
time immemorial. It is a fundamental principle of
the English law, and indeed of every code in the
world, that for every wrong there must be an ade-
quate remedy. This position was, however, ,denied
by the Noble Duke so far as Scotland was concerned:
It was, as stated by the LORD CHANCELLOR, "clear,
that if the mode adopted were not in accordance
with the law of Scotland, there was no other mode
by which an individual, who had simply a right gene-
rally, was able to try the question." It would there-
fore follow as a matter of course that every man
should be entitled to vindicate his right, " and there-
fore that the attempt on the part of the appellant to
limit that right signally and entirely failed." This is
the sound common sense view of the subject, and it
was distinctly and unequivocally put forward by the
Lonn CHANCELLOR in moving the judgment of their
Lordships, so as to remove every possible doubt or
difficulty on the subject.
The proceedings will now be renewed before the
local tribunals, unless the noble defendant should de-
termine to relinquish his attempts to obstruct and
impede travellers. He has already incurred some
degree of unpopularity in consequence of these
attempts, and for his own sake we would hope that
he will see the propriety of abandoning the contest,
now that the point on which he mainly relied has
been decided against him. If, as asserted
by the pursuers, the road had been recognised as a
public road more then forty years since,
at a public meeting, over which his ;ncester, through
whom ha derived his title and estates, presided
—if that -road, was actually 'repaired at the
public expense." by a money rate levied on
the district, a rate to which one of the pur-
sueis was actually a contributor—we are at a
loss to conceive what substantial defence o❑
the merits could possibly be set up. Let us hope,
then, that the Duke will, even at the eleventh hour,
adopt the magnanimous course befitting his, rank
and station, and that the unseemly contentions,,
that have arisen may, be promptly and permanently;
set at. rest. A graceful. concession would, even
at this stage of the proceedings, remove the unpleasieg
impressions that have gone abroad, and induce
tourists not to abuse the privileges which, if imme-
diately granted, may still be regarded as a boon, but
which may be exercised in a very different spirit, if
every point is contested to the last, and every means
of procrestidation resorted to. No person, however
exalted his position, can hope to carry matters with
a high hand. There is a public feeling in English
and Scotish hearts that cannot be put down, and if

the matter were really of the most trivial impor-
tance it would not be surrendered on compulsion.
The mere fact that there was no pace on the way, a
distance of nearly thirty miles, where any travellers
coald obtain refreshment, could not by a possibility
affect the question. The surrounding property un-
questionably belonged to the Duke, and whatever
rights the public might have (If using the way, they
could not Insist on an inn or a public-house being
erected for their accommodation. His Grace, however,
when satisfied of the existence of the privilege, may
obtain for himself the thanks cnd gratitude of the
community, and cause the old annoyances to be buried
in oblivion, by giving facilities for exercising the
right, and enabling travellers to obtain refreshment
and every assistance on their journeys. It would be
a graceful and pleasing termination to the vexatious
and annoying dissensions that have heretofore pre-
vailed.

QUEEN'S BENCH.--(THIS DAY.)
(Sittings in Banco.)
_ _ QUEEN V.'THE EAST INDIA COMPANY.

Lord CLIPBELL delivered thefudimentof the:Court
in this case, which was an application on the part of Sir
Charles Napier for a mandamus to compel the Eait
Indian Company to pay him 2,0001, which they bad
cieducted from his pay as Commander-in-Chief of the
Indian army, under the circumstances detailed in this
paper en Monday last. The point which Sir Charles
had to establish, in the opinion of the Court, was a legal
obligation on the part of the Company to pay the money,
and secondly, if ho had established that in the first instance,
then he had to show that his only remedy at law was
by mandamus. Now a legal obligation to pay might
be created by common law, by statute, and by contract,
but it was quite clear to the Court that no liability at-
tached to the East India Company under the first or the
last of these heads, and the Court had therefore only to
ascertain whether . the statute law imposed any
legal obligation to pay on the Company.
The Court had accordingly looked into all the
East lonia Company's Acts, which were the 33 Geo.
111., chap. 52; the 33 Geo. 111., chap. 155; the 4 Geo.
IV., chap. 81; the 3 and 4 William IV., chap. 85; the
7 William IV., and 1 Victoria, chap. 47; and 3,and 4
Victoria, chap. 37, but they could find nothing in them
to lead to the conclusion that the Legislature intended
to • impose any legal obligation upon the Company to
pay the officers of their army. Like the Queen herself,
they were only morally bound to make good the pay of
their army, no matter wheter offieers or men, and if they
failed to complete the moral obligation redress could only
be 'obtained by petition, memoria!, or remonstrance to
tbetisselves. There beihg, then, no legal obligation on
the part of the Company to pay, it was useless to go
into the other matters of the remedy, and the Court
having given the fullest consideration to the case, they
had arrived at the conclusion that they had no alterna-
tive but to refuse the rule calling upon the Company to
show cause why the mandamus should not issue.
Rule refused accordingly.

EXCHEQUER--(THIS DAY.)
actloTneolinEaSoeNhaVriel:.lpCaHrOtyL:
This wa© an
tried before Mr.
Baron Martin, at Guildhall, at the sittings after last
Michaelmas Term, in which a verdict was sound for the
plaintiff. The circumstances of the case were these.
The defendant chartered a ship of the plaintiff to bring
home a cargo of merchaudize from Bombay at the rate of
3/. 103. per ton. The cargo was put on board by the
defendant's agents at Bombay, and at the suggestion of
the captain an arrangement was made for filling the
cabin with a further portion of geode. The ship arrived
in England on the 30th October, 1847, and the plaintiff
demanded 71. 10s. per ton, which was then the current
freight between Bombay and this country, for the,,addi-
tional cargo which had been placed in the cabin. The
defendantcontended that the plaintiff was not entitled•to
charge a higher sum for the cabin than for any other
part of the vessel, and an action was instituted by the
plaintiff to recover the amount in dispute, and, as stated
before, he obtained a verdict in his favour. Subsequently
a rule was granted for a new trial on the ground of mis-
direction, and it came on for argument some time since.
The COURT now delivered judgment, intimating they
were clearly of opinion that the Learned Judge was per-
fectly right in his direction to the jury. They considered
that the defendant was not entitled under the charter-
party to fill the cabin; and that he must pay for the
fall benefit he had obtained, in placing an extra quan-
tity of goods there, viz., the current rate of freight
which the jury, under the direction of the Learned
Judge, found the plaintiff was entitled to. Their judg-
ment would therefore be for the plaintiff.
Rule discearged.

PLUCK V. GONPERTZ.
The LORD CHIEF BARON raid he intimated yester-
day that in this case the Court would give judgment this
morning. The Court were all agreed that the rule
ought to be discharged, but there was a difference of
opinion as to the grounds which should be given for that
decision. Tho plaintiff, who was entitled to a consider-
able sum of money, could, however, immediately avail
himself of the judgment in his favour, though some
little delay might take place before the Court presented
the reasons for arriving at the.conclusion they did.
Judgment for the plaintiff.

GREAT GRIMSBY NEW DOCK.—GREAT GRIMSBY,
JUNE 3.—The City of Norwich, the first steam-packet from
Hamburgh to this port, arrived at two r.3r. yesterday. This
vessel left Grimsby on Friday, the 28th ult , at eleven A
the day after the opening of the docks, with a general cargo
for Hamburgh, at which place she arrived at ten P.M. on
Saturday. She left Hamburgh on Wednesday at one A.M.,
and althr ugh delayed three hours in the Elba by a dense fog,
reached Grjmsby at two P.M. on the following day. Thus
making the passage out in thirty-five hours, and the return
iu thirty-seven hours. Passengers by this vessel left Grimsby
at five P.M. by the Great Northernßailway, and arrived in
London at ten P.M., or forty-fire hours from Hamburgb, in-
cluding three hours delay in the Elbe and three hours stop-
page at Grimsby. When the intended arrangements are com-
pleted, passengers will be conveyed from London or Man-
chester to Hamburgh in thirty-six hours.
,
bIAct3AT.7.--The Prince of Wales steamer nas
resumed her service on this station, and yesterday made the
passage from Margate to London in four hours.