The Sun.
London, England, 1852-05-21 00:00:00

et-rrzilla SAM
1.".1 1/1

LONDON, FRIDAY. MAY 21, 1852.

The AUTOCRAT has bestirred himself recently in'
regard to the political condition of Christendom. His
sinister purpose is but indifferently' concealed under
a series of court pageantries. There can be no doubt
in ti. 9 mind of any discerning spectator, at all ac-
quainted with the events of late years upon the
European continent, that there is much more in
the movements of the -Imperial family of Rus-
sia than might be conjectured by the ignorant
or the superficial. It may seem only a cir-
cumstance of ordinary occurrence that the Grand
Dukes should make a tour of the various
states of the Roman Peninsula. It may seem
scarcely more interesting than the perusal of the
Tames's Chronicle, to read
'spepers of the festivities
fortnight welcomed the
issively at Vienna and
,nd CONSTANTINE should
if Venice in their state
be admitted to an inter-
the chambers of the Vati-
m • with the daughters of
)fficer in command of the
French troops forming the garrison of the Eternal
City, or that they should afterwards be received with
military pomp by his Sicilian td.A.TsFri on their en-

trance into the Neapolitan don. inions—may sound, at
first, like incidents merely wor thy of a momentary
glance to be followed by
the
a r
forgetfulness.
Scarcely more important, it may . ‘)3 thought on thhe
first blush, are the accounts ,veceived of t
Emperor
court amusements by which e
NICHOLAS is being just now en,.`ertained in
enly a few
the palace at Potsdam, as he had been,
.
days before, in a similar manner, in the valace at
Schoenbrunn. A recollection of tte stormy period
passed through in 1848 and 1849 by . kustri by
Prussia, and by each of the Italian principaletus
will—if compared with the situati on in which those
countries are placed at the press ant juncture—be
sufficient to convince any one 'with an ordinary
amount of intelligence, that there is something more
than meets the eye in these simulti ineous journeys of
the young Grand Dukes and of the it Imperial father,
the Aurocae:r. It must be recollected, more
especially, how it is that the CZAR is situated
in reference to the various powers : who have only'
very recently (cpmparatively speak log) begun to re-
cover from the agonizing throes of .a revolution which
at one period seemed to threaten their destruction as
monarchies by their transforms lion into republics.
Western Europe cannot, indeed, speedily forget the
part taken by Russia in the conquest of Hungary,
any more than it can lose a remembrance of the
spoliation of Circaesia and the territorial dismember-
ment of Poland. But for the advance of the Cossacks
under PASKEWITCH, coupled with the infamous
defection of GORGE/. from the cause of his father-
land, the independence of the heroic race of the
Magyars must inevitably have b sen secured by the
continuance of the victories act sieved by BEM, and
GUYON, and KLAPKA, and DEMBI NSKl—the new con-
stitution inaugurated by KOSS' UM being perma-
nently consolidated under the influence of his bane-
ficent and energetic administratio n. It was decided
otherwise, however, in the deers e.s_of PROVIDENCE.
The institutions which had rii ;en at the man-
date of patriotism, crumbled away with a
no less magical rapidity beret re the muttered
words of treason. Genius fa fled ,once more
when opposed by the forces of despotism. By
consenting thus to drag back the K RISER to his Hun-
garian capital, the Emperor of Russ IA attached him as
effectually to his chariot wheels as lever did SESOSTRIS
towards any one among the cluster of his
tributary sovereigns. In the nc,gotiations which
b.ave followed in respect to the settlement of
the vexed question of the Ge rmanic Confede-
ration, NICHOLAS has bound t'' him yet more
firmly the obsequious friendship of 'the Red EMPEROR.
Together with the alliance of hraricis JOSEPH,
he has, by his wily machinaiions, secured that like-
wise of FREDERICK WILLIAM. The rest of the
German monarchs are no leas favourably influenced
towards the policy established at St. Petersburgh. In
making a sort of triumphal passage, therefore, through
the states thus guided by his domin ant authority, the
CZAR has, we may rest assured, infinitely more in
view than a pleasant excursion eicompanied by a
little agreeable excitement.
Meanwhile the Governments o;f Italy are being
imperceptibly drawn into the sa=ne subserviency to
the supreme will of the Russian Aux °CELLI', or at, any
rate, efforts are being made to wes,ri them from their
views of constitutional development. The progress
made by the Grand Dukes the ough Lombardy,
through the Papal States, and through the Neapoli-
tan dominions, may be regarded as only the pretext
for the commencement of a grand •enterprise in the
way of diplomatic retrogression. ;'pain, at the same
time, continues to be agitated by intrigues affecting
the constitutional liberties of the population; and the
rapid sequence of which gives promise even of
a coup d'itat, deemed likely by =my to subvert
the whole system of the present Govern-
ment—depriving it even of the - semblance
of liberality. At a period thus important it behoves
this country, as the chief among the custodians of the
still surviving liberties of Europe, to observe with
more than ordinary vigilance the course of events in
the north•eastern portions of the continent, having a
vigilant regard also to the growth of Russian influ-
ence in the states of the Roman peninsula. ,At any
juncture a rupture of the friendly relations now long
preserved between the Governments of Monarchical
Britain and Republican France would be calculated
to prove disastrous to the interests of civilization.
But under existing circumstances, when those two
great countries are almost the only portions of
Europe not infected directly or indirectly with' the
otherwise prevalent subserviency to the -wishes of
the AUTOCRAT, it becomes more than ever desirable
that the entente cordiale should be maintained in all
its original cordiality; and that prepared to support
each other in a pacific antagonism against the policy
of the AUTOCRAT, England and France may at least
secure themselves from being involved in that vortex
of retrogression which is carrying away the rest of
the nations—with St.Petersburgh as thecentral point
of refeuialised Christendom.

The extreme hardship and injustice inflicted on
Parties who have successfully defended actions brought
on behalf of, or in the name of the Crown, is at length
fully recognised. Although they may have succeeded
in every 'point, and established their perfect innocence
of the charges preferred against them, they have no
claim or remedy for the costs and expenses, however
enormous, to which they may have been subjected.
The very victory may be attended with the Most
ruinous consequences, and it is notorious that
many persons submit to unwarranted demands,
rather than enter upon contests that will be
carried through every stage of litigation with
a total recklessness of expense and a profound disre-
gard of the consequences. The evil is occasioned by
the ridiculous maxim that it is " beneath the dignity
of the Crown either to pay or receive costs," as if the
SOVERIIGN were personally concerned in any of the
suits or prosecutions instituted in the Royal name.
These sea at 4 instituted on behalf of the public
generally, and there can be no sufficient reason as-
signed why the costs should not be liquidated (espe-
cially in all actions for pecuniary penalties or da-
mages) by persons who, without any sufficient defence
on the merits, resist lawful demands, and compel the
law officers, in the execution of their duties, to insti-
tute proceedings, Justice to the public generally,
and to the overburdened tan-payers, prescribes that
the parties by whose default or impropriety the fault
is occasioned _ should defray the costs to the utmost
extent of their ability, and it is only in the event of
their insolvencythat any portion of the charge should
be permitted to fall on the national Exchequer.
But the hardship is much greater on the part of
a defendant, who, after gaining a verdict, is refused
his costs. In the former case the damage is spread
over a wide surface, and falls lightly on each,
but in-the latter it may be ruinous to the individual,
who is dragged into court through an erroneous in-
terpretation of the law, or a mistaken view of the
facts, by the Attorney or Solicitor-General, or
by persons acting on behalf of, -or in co-operation
with, these learned functionaries. .We say by other
Pettons, because from what fell from Sir FREDERICK
TalialOlß last week, it appears that proceedings are
very frequently instituted without any communication
with the law officers, who know nothing of the matter
until briefs are placed in their hands for the pur-
pose of conducting the prosecutions before the court.
There is not then even the security afforded by a
preliminary examination of the facts, and the deli-
berate opinion of an eminent l • lawyer, before the com-
mencement of the*suit, or even until the defendant
has incurred the entire costs of retaining counsel,
getting Up his defence, and securing the attendance
of witnesses. Then, indeed, the prosecution may be
withdrawn at the last moment. The law officers
may cent
ider that it should never have been com-
menced, but there is no remedy for the victim; who
spent thousands of
may have pounds before bringing
it to that point.
• Two cases of recent occurrence afford powerful
illustrations of the practical operation of this impolitic
and inequitable regulation—that of the Dook Company
(or rather companies)) and of the Household Narra-
tive. In the former case, although the company y com-
pletely vindicated itself from the serious charges pre-
ferred, although it substantially succeeded on every
important issue, it was compelled, after an outlay of
more then 10,000/. sterling, to sue for peace, and pay
not merely a nominal penalty, but a fine of 1001.
sterling as an acknowledgment of improprieties which
had never been committed. Strong in the justice of
their cause, they would have braved every danger,
if success would have freed them from the

THE SUN,

LONDON,

unpleasant consequences of the controversy ; but
painful experience taught them that, whatever the
result, the expense must be enormous, and notwith-
standing their immense resources, prudence induced
them to accept the compromise that was tendered for
their acceptance.
The other case—that of the Household Narratzve—
was even stronger in its distinguishing features, and
the hardship was still more striking. One of our
most distinguished authors—a man who had, per-
haps, done more for public morality and public in-
struction than any of his contemporaries—bad com-
menced a publication of a very useful character. His
professional advisers informed him, and his own sound
cotomon sense induced him to believe, that the Nar-
rativo of Current Events; being published at intervals
exceeding twenty-six days, did not come within the
law imposing a stamp duty on newspapers. It 'was
obvious that much of the success of the speculation
depended on the construction that might be placed
upon the statutes, for the addition of ld. to the
original cost of 2d. would necessarily materially
Omit the circulation, and as a natural conse-
quence diminish the profits that might reason-
ably be anticipated. There had been many
other iaublications of a similar class in
existence, la`ng before Mr. DICKENS commenced his
undertaking, ~-rhich had never been interfered with,
or any caution gi7en to the proprietors. The great
success of the ,ff.a..rrative, however, attracted the
attention of some parties connected with the
Stamp-office. It was elougbt that these pub-
lications might be liable to stamp duty,
but that, at all events, it was desirable that the law
should be settled on the subject. Mr. CHARLES
DICKENS was accordingly selented as the victim at
whose expense this desideratum was to be accom-
plished. The man who was so eminently entitled to
the thanks and gratitude of the community was to be
made the scapegoat of the obscurity of the law.
There was no dispute as to the facts; they were
simple and aboveboard. A special case was accor-
dingly prepared for the consideration of the
COurt of Exchequer. The points in dispute
were most ably and elaborately argued. The
Learned Judges took time to consider their
decision, and, eventually gave judgment in favour
of the defendant by a'' majority of three to one.
This might, and surely should, have been considered
conclusive. At an events, Mr. DICKENS had been
mulcted quite sufficiently in the attempt to " have
the law on the question settled," and if further litiga-
tion was to be carried on, another party might have
been chosen as the representative for the
time being of this class of publications. But
no, a new prosecution has been commenced, with
the avowed intention of carrying it through every
tribunal to that of ultimate resort ; and,"whatever may
be the result, Mr. DICKENS must expend several
thousands in defending his rights and those of the
public generally. It is Said that it is the last straw that
breaks the camel's back, and it is the prosecution
of the Narrative that has produced the feeling,
which will, we trust, speedily lead tt; the repeal of the
obnoxious regulations. We trust, then, that the na-
tion will rally round the accomplished author, and save
him harmless from the heavy pecuniary loss which he
has already sustained; and must sustain, in the course
of these pending proceedings.

THE INDIA MAILS.
SOUTHAMPTON, MAY 21.

The Ripon, Capt. Moresby, with the heavy portion
of the India and China mails, in charge of Lieut.
Langton, R.N., Admiralty agent, arrived this mor-
ning at eleven A.M. She bad a valuable cargo of silks,
elephants' tusks, and a small amount of specie. She
left Alexandria May 7th ; Malta, 11th ; Gibraltar,
16th. She brought 133 passengers; Lord Stanley
and General Hamilton being amongst them. The
news by this arrival has been anticipated.

Mu. GitooM's Turar SHOW.—The celebrated col-
lection of tulips grown by Mr. Groom of Clapham has this
year lost nothing of its attractions to floriculturists, or of the
reputation which it had previously acquired. Notwithstand-
ing the backwardness of the spring, and the withering effects
which the long prevalence of easterly winds have produced
upon everything connected with gardens, the proprietor of
the collection at Clapham has succeeded, by the perfect
knowledge possessed by him of the resources of science, in
producing one of the most superb collections of tulips ever
got together in one place. The bed of the flowers, beneath
the awning, contains about 2,000 specimens of the rarest
quality, while the beds in the gardens cannot contain less
than 40,000 roots, all of them good, and some of them of
the very finest qaality. The general appearance of the
ground evinces the high state of excellence to which
floriculture has of late years been brought in this country,
and the results of professional skill and good taste.

A prisoner sentenced to fifteen years' transporta-
tion at the last assizes escaped from Chester Caale on
Sunday last, by scaling the wall and descending on the ex-
ternal side in St. Mary's churchyard. He has not yet been ,
heard of.
A NARROW ESCAPE.—On Monday evening, dur-
ing the thunderstorm, as the Baron de H-- was passing
along the Rue de Verennes, he was enveloped in a column
of fire, and the electric fluid, attracted by his watch-chain,
entered the waistcoat pocket', in which was the, watch, cut
a split ring into six pieces, Incited the watch key, and then
passed out, burning a hole in the pocket. The baron re-
ceived a severe shock, and his hat fell off, but he was not in
the•slightest degree injured.— Galignani.
KING'S COLLEGE HOSPITAL.—The appointment of
assistant-surgeon in the service of the Hon: East India
Company, so liberally placed at the disposal of the committee
of management of this hospital by W. H. C. Plowden, Esq.,
M.P., has been conferred on Mr. Francis Nottidge Macna-
mare, a distinguished pupil and scholar of King's College.
By such public spirited use of patronage. as Mr. Plowden's
offices are well filled, and at the same time a supply of well
qualified candidates for the future secured. The importance
of highly educated medical men in the Company's service
cannot be overrated.
Advices from Odessa of the 7th inst. state that the
stock of wheat was low, and prices firm. In the course of
six or eight weeks there would again be a good supply, but
the first arrivals from the interior would meet with a rapid
sale, owing to the number of vessels waiting for cargoes. The
weather had become warm, but the appearance of a young
brood of locusts in some parts of the country had caused
anxiety with regard to the growing crops. From St. Peters-
burgh the dates .are to the 10th of May. The ice was begin-
ning to move in the river, but it was not expected that any
foreign vessels would be able to arrive before the 20th.

ENCIIMESHED ESTATES IN IRELAND.—It is pro-
posed by a Bill in the House of Commons, which was printed
on Thursday, to continue the powers of applying for a sale
of lands under the Act for facilitating the Sale and Transfer
of Encumbered Estates in Ireland. . Within ,four years after
the passing of the Act applications for sale. of lands tua.der the
Act relating to encurabered estates may be effected.
DEATH OF THOMAS 'THORNHILL, sq., M.P.—The
demise of this Hon. Member took place at Diddingten Hall,
on Wednesday, in his 69th year. Ile .represented Hunting-,
donshire in the Protectionist interestin the present Parlia,
ment, in conjunction with his honourable • colleague Mr.,
Fellowes ; and by his demise, of Course, a vacancy occurs in
theTu representation.
B .a c
esentiattlionkii.RVEST.—lft is expected there will
be a full average supply;' and as to price,. the sellers believe
.it will obtain' nearly last year's varue, but'the manufacturers
concur in quoting it at from ss. to 158. per ton lower than
last year. At the Government sales about 10s. per -ton
below the prices of the past year was named, but none sold,
so that the actual sales to this date- are far smaller than
usual. In regard to quality this season,. the .reports vary
considerably. The .continnance of cold4.easte.rly winds is
said, inzome comities, to have retarded the process, while in
others , the statements are that it "strips well." In the
counties whence the greatest supplies are drawn the fall this
year is the largest, and some allege as a reason for thegreater
supply,." the rage for clearing the land by removing hedge-
rows." The quotation of 11/. to, I al. per load of 45 cwt.,
delivered in. London, will probably befound correct.—Wor-
cester atroniele. •
GOVERNMENT SCHOOL OF MINES:—ThE first ex-
amication for the scholarships in this, institution, recently
founded by his Royal Highness Prince Albert, on behalf of
the Prince of Wales, and called "the Duke of Cornwall's
Scholarships," was brought to a conclusion on Saturday
last, after a most severe examination. Mr.- Henry Francis
Blandford, being at the head of the list, obtained the scholar-
s per annum), for two years ; and Mr. Robert' Hunt,
the second (30L scholarship for one year. .

DEATH OF GENERAL lliarsTßE.---We regret to
have to announce the death of this gallant officer, which took
place at Worthing on the 19th inst. He entered the service
in the year 1793, and served in the Helder expedition in
1799, and was present in the actions of the 10th of Septem-
ber and 2d and 6th of October, in which last action he re-
ceived four wounds. He also served in the Peninsula. He
obtained the colonelcy of the 86th Regiment in August, 1843,
and the rank of general by the brevet of 1851.
ACCOUCHFAIENT OF THE COUNTESS OF CITABLE-
VILLE--The Countess of Charleville gave birth to a son and
heir, at Charleville Forest, Tullamore, on Sunday evening,
at half-past nine o'clock. The event has been hailed with
the liveliest feelings of gratification and delight by the te-
nantry on his Lordship's estates. Tuesday night the te-
nantry at Croghan-hill and other parts of the estate met in
large numbers; fires were lighted in all directions. The
country appeared for miles round to be one blaze. The
Countess and infant are going on most favourably.
TRINITY TERM.—Yesterday, the arrears of cases
in the Common Law Courts, commencing on Saturday next,
were exhibited. The three Courts number 107 rules and
other matters, being an increase of seven at the beginning
of Easter term. For many years the Court of Queen's
Bench had the greatest number of arrears, but for some
time past an alteration has taken place. For the en-
suing term the arrears on the lists number 48, consisting
of 16 special cases and demurrers, 8 enlarged
rules, 2 new
trial rules for judgment, and 22 rules to be argued for new
trials. In the Common Pleas there are only nine matters,
2 demurrers entered, 3 enlarged rules, 2 rules for new trials,
and 2 cases standing for judgment. In the Exchequer there
are 50 rules entered-9 in the peremptory paper, and 4
special cases for argument. In the new trial paper there
are 5 rules standing for judgment, and 32 for argument
The Lord Chancellor will hear the appeal, Lumley v.
Wagner, the first thing at Westminster, ou Saturday
morning.

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