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

WEDNESDAY

could discern he saw rightly ; but he could not see
enough. In the case of Catholic emancipation, he
perceived a coming civil war, and with the courage
that would rather bear obloquy than inflict such
miseries as civil war entails, he magnanimously
yielded his political preferences. Reform he opposed
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 bad secured
England's safety in the Catholic emancipation
against England's will, and be did not wish to
see the machine broken till he 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 that
institution he may almost be said to be the saviour, in
moderating its opposition when opposition 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
judament. 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
so n
in.
hisß Royal a pegte
srt s
founnaotel
os
flare bruited as his
) that of Comman-
der-in-Chief. Let them shun the comparison. Let
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
by a Minister of War, and that it shall not be re-
moved from the animadversions of public opinion in
the House of Commons. There is a Gordian knot to
be loosed as intricate as the East Indian Government.
But, in any case, the Commandership r must not be
the prize of blood, or interest, or connexion. Prince
Albert would begin his unpopularity by
assuming
entitledthe to demand
such a dignity, to the exclusion of rash w
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.
bestowal of
Ahsotohathvee
minorthee r
ib ma
neda nosf ot
hf p aGt raornt
earg ew,
eeven e to
a strict account. There is no irresponsible patron-
age now. If an institution, even such
as an order
of chivalry is to be upheld, it bemust by
asso-
ciating to it only such as mankind will willingly
honour. If public assent does not confirm thenew
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.
ed
of the future. And here we pause, not from having
exhausted our subject, but of necessity, being content,
for the moment, to yield our concurrence in many'
the
sincerity
oo
ff
points on which men are agreed, and to propound
such differences as we need not fear to maintain.
Many among our readers will have to talk of the
children'ssubjec
tofohtihlidsren;
articlethe
bestto satisfyproof of
the
present praises is our belief that his name will be
spoken to children's children with increased reverence
and affection.

THE ESSEX MAGISTRATES-THEIR LAW
AND THEIR GALLANTRY.

TO THE EDITOR OF THE SUN.
STR,—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 Soions 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 celled 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 which the weaker sex
commands, were necessary to lead to her acquittal.
What will Europe say, when,
gaze from these her favourite sons, and the sound of
the oracular words which proceed from their lips
having died away, she exercises her judgment on their
proceedings `rhaving withdrawn her
It will be recollected that the alleged offence was
committed by Madame Poitevin in the presence of and
in company with her husband, he being not only
actually present, but taking a part ire 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 presumption of
coercion, which is capable of being rebutted by
.evi-
dance ; but in this case no such evidence
was given,
end therefore the presumption of law remained in full
force in favour of the female defendant ; and although
there, is some question as to the extent to which this
rule applies to certain offences,
nia/a in se, there is no
authority for the position that it does not extend to a
statuteable offence of this description, but on the con-
trary, the reported decisions, Rex v. Price, BC. and
p. 19, Anon. Matth. Dig. Cr. Law, 262, clearly
show that it does. I am quite aware that these are
decisions which, it has been contended, take all cases
below felony out of the operation of this rule; but...
believe that on examination of all those cases it will
be found that their effect has been misconceived by
those who have drawn a distinction which in the
more recent cases is, after consideration, repudiated,
and, therefore, I think I am justified in contending
that the decision of the Ilford Bench exhibits on the
part of those who pronounced it a want of legal.
and
knowledge, as well as the absence of that courtesy.
consideration which a lady and a foreigner
have expected at the hands of English magistrates
and English gentlemen.
at Ilford
The difference between the proceedings
and the course pursued by Mr. Arnold in the case
which was heard before him, who so determinedly
refused to permit his feelings or his private opinions
to interfere with the construction which, as a lawYheiri
he felt himself called to put upon the statute whin
was his duty to interpret, is so self-evident as to in-
duce even those who are the most at:minus that cue
country gentlemen should possess that infllle in_
with which their position as justices of the
pe peace
con-
sideration vests them, seriously to doubt whether even Chace.amchie.
oughttrat ion
noto f justice;
to
be
sideration ought to weigh against the closedad
hethdeisrpeinfee7P:iithiethoef
ervices
a and
lto g etherw
judgment-seat, something like a decent knowledge •
by its ad-
the law ought at all events to be possessed
tron I
ministratora; but be this as it may, I should she gr ey-
while t
advise the Solons of the Ilford Bench,
sent system continues
, for the sake of their own
enough to
credit, to request that Europepresent
will be kinddeliberations.shut her eyes during their present deliberations.
I am, Sir, Stn.)
Temple, Sep_t. 18, 1852.

T. B.

election cannot
ceitement
HE 01.1311 A---iii t' ----great deal of ex-
..LEcnom. A
port that Robert Owethe S
theleCtion i
-n the room of Mr. Duncuft, deceased, and although
exists at Oldham in reference to the ensuing
activea exertions are bein made by the two candidates, Mr.
dif. Id and Mr. AV -1-
-W. J. Fol.. The town presents an extraor-
dinary degree of bustle ; almost every public-house exhibits
tfl.ags and banners with devices indicative of the political sen-
timents place until November, the most
unents of the respective candidates. There has been a re-
port
are meetings almost every
never been so strongly manifested as
11, owl
but there does foundation for the rumour.
• list, would offer himself,
not seem to be any
Oldham has been generally remarkable for the fervour, not
to say violence, it exhibits at elections, but party spirit has
upon this occasion.
There
such a spirit of turbulence has been exhibited that the friends
night, at some of which
of Mr. Fox thought it advisable to appeal to the magis-
trates to take some site s 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 W prevent riotous
assemblages. Already many windows have been broken,
and other On Saturday, in
injury done to property.
spite of a drenching rain, the supporters of Mr. Heald had an
open 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.CIIIEF OF THE ARMY —lt.
mander-in-Chief of
is, we understand, confidently reported that the post of Corn-
Chronick, the Army will be offered to Lord Har-