The Sun.
London, England, 1852-11-12 00:00:00

OF THE LATE

...... ___
the illicit traffic in opium, in which goods of any de- except to the parties immediately concerned, who
scription will not be accepted by the smugglers. i have, generally speaking, many bitter reminiscences
Our demand for silk is also limited, and on the subject, and whose pockets are heavily mulcted
no fiscal change would add greatly to its consurap- 1 on account of these frivolities, which would be emi-
tion. Tea, then, alone remains to be exchanged for 'nently ridiculous, but for the enormous and ruinous
our productions, and that would be supplied to any ' expenses thereby entailed on the victims. It is there
extent. In consequence, however, of the erroneous that the leviathan sinecurist flourishes, who receives
duty of 2s. 2-id. (about 700 or 800 per cent. on the some ten or twelve thousand per annum, for doing
first cost of the cheaper descriptions) its use is greatly nothing, and who feels a degree of virtuous indigna-
restricted ; reduction of the duty to ls. would more tion at hearing it supposed that he should ever
than double—its total abolition would quadruple— be called on to do anything, or to con-
the consumption. A cheap and wholesome beverage tribute the most 'trifling sum towards the
would thus be supplied to the people,—for the abo- expenses of having the real business of the office,
lition of duty, and consequent reduction of price, for which he receives such enormous payment.
would remove the temptation to adulteration, now so There other jobs, as flagrant, although perhaps not
loudly and justly complained of, while our exports to involving quite so large an amount, are to be found.
the celestial empire would be greatly increased ; and There has not, in fact, boon the slightest improvement
iit is more than probable that facilities for traffic since the accomplished author of " Ten thousand a
would in due time be afforded, that would open new year" exposed some of the secrets of the Prison-
and hitherto unknown dealings. An increased de- house, or since DAVID COPPERFIELD published his
mend for the wines of France and other countries reminiscences anent Doctors' Commons. The same
would likewise have most beneficial results, and afford dull, sleepy, endless routine, conducted by the same
additional guarantees for the maintenance of perms- family party, still goes on. The same sums are ex-
nent peace. tracted from the community. And, cui bond, what
But these unquestionable advantages are to be earthly use or benefit is attained by the proceedings,
sacrificed, in order that'people may be enabled "to except giving handsome incomes to the practitioners. '
protect themselves, by abstaining from the use of the There can, however, be no vested interest in such
taxed commodity"—or, in other words, that they abuses. Barristers and attorneys Imo been deprived
should be permitted to evade their just proportion of many emoluments, but it was never contended
of the public burdens. This is neither fair nor that what was bad in itself should be continued for
equitable. If a certain sum be required to liquidate their benefit. The good of " the many" was pre-
national liabilities, or to maintain the national esta- ferred to the private interest of " the few," and ad-
blishments, it could scarcely be considered 83 a re- vocates or proctors cannot expect to be treated in a
commendation of a proposed tax; that it could be different manner or with greater indulgence.
avoided at pleasure—that some might escape alto- It is true that " testamentary jurisdiction" is only
gether, while the well-disposed would have to supply referred to in the Speech; but there can be no di•
their deficiencies, and thus bear a double burden. luted or milk-and-water reforms in this de-
This argument would be conclusive against the partment. The entire system is radically wrong,
system if well founded. It is, however, only so far and no attention or change can place it on a sound
as articles of mere luxury are concerned that it is foundation. Why should there be any ecclesiastical
available. It would be ridiculous to tell the labourer jurisdiction ? Are not the lay tribunals fully quali-
or the sempstress that they have no cause of complaint, fled to deal with any questions that may arise, and to
in consequence of the duties on beer, tobacco, or tea, adjudicate according to the rights of the parties ?
as they might abstain from using the articles Why should not the County Courts be authorized to
which habit has rendered essential to their grant probates or letters of administration in undis-
comfort. The rich man may abstain from puted cases ? And why should not the Superior
using wine, without suffering any great priva- Courts at Westminster decide any point, however
tion. Not so the poor mao, who, if he has the means abstract or complicated ? If a testator dispose of
to pay for, must consume his beer, or tobacco, or tea. real and personal property by his will, the validity
It can scarcely, then, be considered optional. The of that will must be determined, so far as the real
argument, therefore, is partly based on a fallacy, and estate is concerned, by the verdict of a jury, and its
so far as it possesses any real weight, it ought to be legal operation by the Courts of Equity or Common
guarded against rather than encouraged, being neither Law, with an ultimate appeal to the House of Lords.
more nor less than a premium to dishonesty—an in- But as to the goods and chattels, personal estate, and
centive to evade just responsibilities. effects, a totally different tribunal mast be resorted
The argument that the people do not feel indirect to. The Court of Prerogative decides on the validity
taxation—that they eat, and drink, and smoke, with- of the will, thence there is an appeal to the Court of
out being cognizant of the presence of the tax.ra. Delegates, and from that to the Judicial Committee
therer, rests on no stronger foundation. We are no of the Privy Council. How harassing must be this
longer children, to be bamboozled into payment that double litigation to the unfortunate litigsnts, and
must be made. We should meet our responsibilities how greatly must it add to the public respect for our
fairly, paying what is necessary and no more. The legal tribunals, when a will is sometimes pronounced
payment by indirect means was very desirable to good as to the reality, and bad as to the personality,
sinccurists, who derived much larger means than or vice versa ?
they could do by way of salary. That grievance has It is time that these anomalies should be cor-
been nearly abolished, and it is for the people to rected, and we augur, from the announcement above
grapple with the still greater evil of indirect pay- referred to that her Majesty's Ministers have
meats to the Revenue, which draws nearly 50 per resolved on correcting the evil. When doing so, how-
cent. more from their pockets than finds its way into ever, they will necessarily have to consider the other
the Exchequer. grievances. The original wills, on which so much
We have repeatedly proved this fact. It is not property depends, must be placed in safe keeping.
merely the expense of collection which for the Those who have read the admirable series of papers
Excise and Customs may be arranged at 6 per in Household Words, "The Doom of English Wills,"
cent., one being a little above, and the other a can readily conceive that these important documents
little below that amount, but the profits of the five cannot possibly be in a worse position than at present.
or six intermediate dealers, which are calculated They might be carefully preserved at less than a
not merely on the first coat of the article, but on tithe of the expense now incurred, and facilities
the amount of duty, and also on the profits of the for inspection, searches, Br.c., might be afforded, now
preceding parties. Thus, let us suppose that goods absolutely unknown. We believe that the matter
pass from the first importer to a large wholesale may be entrusted to the hands of Ministers; but we
venture to. remind them that nothing less than the
house, then to one of leas pretensions, supplying not
the entire kingdom, but an extensive district; then ttoratanlsfaerb oelifttihone
joufritdhiostn
those nuisances, ces, and the complete
content the public, or
through two different classes of retail houses, and satisfy the reasonable will
expectations of legal reformers
that the profits of each be 10 per cent. This, we are
convinced, is an under estimate both as to the number
of hands (five) and the scale of profits. The first
who pays the duty, say of 1001,, charges 1101.
to the second, who, in his turn, adds ill
fur his profits, and thus receives from the
third, 1211. Omitting fractions, the fourth
hand must pay 133/., and the fifth 1461, and the con-
sumer 160/ ; so that for 941.—being 1001., minus 61.
for the expenses of collection—the consumer pays no
less than 1601.—a heavy price for the pleasing dela-
tion practised on his unsuspecting innocence. Better
far to pay 1001., and that 99/. should go to the nation,
than to give 160/., and only to reap the benefit of 94/.
Direct taxation is, therefore, at once the most equi
table and the most expedient. Sooner or later it must
supersede all others. We do not anticipate that it will
at once be established; but a step will at least be taken
in that direction, and that, will be by an increase
of the tax on property to, at least, five per cent., or a
shilling in place of 7d. in the pound. Mr. DISRAELI
has pledged himself to allow some relief to the com-
munity. The small addition above referred to, along
with the more equitable apportionment of the tax,
and the extension of its operation, would at once place
six or seven millions at his disposal—a matter of no
ordinary importance to a financial Minister of capa-
city sufficient to distribute a surplus judiciously, and
to afford the greatest amount of relief to the suffering
classes.

DUKE OF WELLINGTON,

WITH HIS AUTOGRAPH, AND A FULL ACCOUNT

Among the subjects prominently referred to in the
Royal Speech, is that of legal Reform. We are told
that inquiries are in progress, with a view of bringing
into harmony the testamentary jurisdiction of the
several Courts, and that bills will be submitted for
effecting further improvements in the Administration
of the law. This is as it should be. It is conceived
in the same spirit as that delivered at the close of last
Session, when her MAJESTY emphatically declared
that, "Every measure which simplifies the forms,
and diminishes the delay and expense of legal pro-
ceedings, without introducing uncertainty of deci-
sion, impairing the authority of the Courts, or lower-
ing the high standard of the Judicial Bench, is a
valuable boon conferred upon the community at large."
Much has already been accomplished, but much still
remains to be done before legal Reformers can rest
from their patriotic labours, and sit down contented,
with the state of the law, and the administration of
justice. We may, however, congratulate them on the
auspicious commencement of a Session that promises
to be peculiarly rich in measures of Law Re-
form. Many Members of both branches of the legal
profession have been returned to the new Parliament;
but we do not on that account dread any obstructions
to the progress of amelioration. On the contrary,
we believe that it will exercise a material influence in
expediting the necessary alterations. Several of these
gentlemen have already honourably distinguished
themselves, and will, we have no doubt, be desirous
of achieving fresh laurels in their new and morelim.
portant position, while the others who have, for the
first time, appeared in public life, will be anxious to
assist in the business for which their professional
studies peculiarly qualify them.
There is, indeed, a general concurrence of opinion
on the necessity for extensive changes. On this point
Whig and Tory, Conservative and Radical, are una-
nimous. All admit the propriety of cleansing the
Augean Stables from the filth accumulated during
successive centuries. The only differences will be as
to the details. These, however, will be easily over-
come when the efforts of Honourable Gentlemen
will be directed solely to the amelioration and not to
the rejection of the contemplated measures. A little

MONEY AND COMMERCIAL NEWS.

CITY, Two o'CLocx

The sales of cotton, at Liverpool, yesterday, were as-
timated at 5,000 bales, of which 500 American were
taken on speculation. The market closed heavily, with
prices of American irregular, and, is many cases,id.
below the rates of Friday last. Surats were id. per
lb. lower ; other kinds without alteration. The sales
comprised 4,000 American, 160 Pernam and Maranham
at 6/d. to 64d. ; 80 Bahia, at 61d. ; 400 Egyptian, at
6id. to 9d, ; and Surat, at 41d. to 4/cl. per lb. Rail-
way shares were dull, at lower prices.
In the produce market there has been generally a
good bu,iness done ; but in some staples there has:been
more doing than there was last week. Coffee has been
more freely brought upon the market. Sugar has im-
proved. Cotton is duller, the advices from the United
States being very favourable in reference to the grow-
ing crops. A good demand exists for tea and tallow,
and both are somewhat dearer.
The meeting which took place yesterday of the holders
of the Turkish Loan resulted in the appointment of a
Committee to watch the interests of the parties con-
cerned.
The English Stocks continue rather heavy, and there
has been very little doing in them. Consols bring
1001 to for transfer, and 1001 for account. The Now
31 per Cents. have been 103 to and the 3 per Cents.
99i to Bank Stock is firm at 2231, and Indih Stocks
quiet at 274. Exchequer Bills are rather lower, these
netted March being 725. to 755. premium. The payment
of differences arising out of the account has been ef-
fected without difficulty.
The foreign market is exceedingly quiet. Turkish
Scrip has been at 2 to' 1 premium, and Swedish
as low as 14 discount. New Spanish Deferred
Bonds bring 251, and the Passive Converted 6k. Por-
tuguese 4 per Cents. have been marked 381. Nothing
has been done in Mexican or Grenada. Brazilian New
Bonds are at 101 to 1011. Buenos Ayres Stock is firm
at 81. Sardinian Stock is worth 98 to /. Dutch 21 per
Cents. bring 65k to / ; and Russian 41 per Cents. 104
The English Railway Shares have been rather flatter,
but with very limited transactions.
French Shares are still declining, and the reaction in
some cases is very serious. Northern are down Ito 2,
Lyons 1k to 2, Havre 1 to 1?2-, and the smaller linos in
proportion.
The Gold Mine Shares have been very dull, bat nomi-
nally there is no change in prices. The Banks are very
firm.

BRITISH FUNDS THIS DAY.
(From the Official List.)
Business done.
Bank Stock
3 per Cent. Reduced Annuitie5............
3 per Cent Consols Anns. looi i 3i,
New 34 per Cent. Anna. .. lO3 % 3
Long Annuities. Exp. Jan. sth, 1860.-- 6 7-16
Ditto 30 years, Exp., Oct. 10, 1859 6 3-16
Do. 30 Years, Expire Jan. 5,1860......
India Stock 274
Consols for Account lOO%
E xchnquer Bills. IMld. March June
1,0001.
5001.
Small

PRICE OF FOREIGN FUNDS.
Brazilian New Bds., 1829 & 39, 5 per et. 101% 1
Buenos Ayres Bonds 6 per Cent.
Ditto fer the Account;..
Danish 5 per Cent.
Grenada, i 4 per Cent. .....
Do. Ex Dec. Coupons 1849 2li
Mexican 3 per Cent.
Portuguese 5 per Cents. ...
Ditto 4 per Cent. .............. • ...... 38%
Russian Bonds, 1822, 5 per Cent
51
Ditto 41/2 per Cent ......... ............ 104%
Sardinian Bonds, 5 per Cent. ............ 98
Spanish Bends, 3 per Cent 2 51% 2
Ditto New Deferred, 3 per Cent..
Ditto Passive (Converted)
13/4 dis.
Swedish Loan ...............................
Turkish Loan, 6 per Cent., 1852.._ 2 at p.
French Rentes, 3 per Cent ............. 83f Ex. 25f 20e
Austrian Bonds, 5 per Cent., 10 Gu. 81.1.6
Belgian Bonds, 4% per Cent
Ditto, 3 per Cent......- .................. 75
Dutch Excha., 2% per Cent.] 12 Ga 65/1
Ditto 4 per Cent. Certificates

THREE O'CLOCK

Consols ... .. ... 100% IA
Ditto Accounts Deo. 9 ... ..• 100,4 %

unnecessary caution may perhaps occasionally be die-
plasTd—a fear of trenching too deeply on unknown
ground; but we are satisfied that the only object will
be to avoid g, introducing uncertainty of decision, or
impairing the
ar authority of the Court, or lowering the
f
the Judicial Bench."
in
" Looming O
the future," we discern a speedy
and successful alterationhav in the Ecclesiastical Courts.
These tribunals
attention of the Le ise iitherto contrived to escape the
:ture. A greater accumula-
tion of legal cobwel:
forms_4reater reverence for useless
an in otherattention to the
places e law, may be dis-
covered unmeaning
All the abusestrtodfessing to be
letter rather than to the spitTtreaater
covered there than
Courts of Justice.
disgraced and
,n3figured the Court of Chancery, before the labours
of the reformers began to produce fruit, may mill be
found flourishing in rank luxuriance in these secluded
hall. The public hear but little of the solemn absur-
dities daily enacted, because there is little of interest,

Tthwe ET.—haTmheserthise anwi
nd extraordinary
f
HIGU r
to-day in
East, with heavy rain, all the wharves on either bank are
completely flooded. esh highfrom tide
h e
INQUEST ON A GENERAL OFFICER.—Yesterday Mr
Payne held an inquest on the body of the late Major-General
Addison, at the Green Dragon Hotel, in Bishopsgate-street.
The deceased was making a temporary stay at the hotel in
the early part of the week, and was found dead in his bed on
Wednesday morning. His death, though sudden, appeared
to be the result of a decay of nature, as he was 81 years of
age. The veteran had served the Crown for 45 years, the
larger portion of which time was spent in Canada.
THE EARTHQUAKE or TUESDAY.—The shook of
earthquake felt in Lancashire and North Wales was, it
appears, in some degree experienced in Warwickshire
and Worcestershire. On Tuesday morning not a breath
of wind was stirring, and the weather still sultry, when
a shock or undulation of the ground took place, which
awoke the greater part of the inhabitants, and occa-
sioned much n,risternatiou. Many persons thought that
the walls of the houses were collapsing, and hastily got
no, dressed themselves, and did not again return to he?.
There was a rumbling noise preceding and accompany.
kg the shock, but there was no rain or wind at the) time.
Two or three vibrations were distinctly felt.

THE SUN, LONDON, FDAY EVENING, NOVEMBER 12, 1852.

OVERLAND MAIL

(BY ELECTRIC TELEGRAPH.)

We have received the following dispatch by the
Electric Telegraph, in anticipation of the Overland
Mail :

" TRIESTE, THURSDAY EVENING.

"The Austrian Lloyd's steamer Adria arrived this
afternoon, with advises from Rangoon to the 26th of
September.
" The first brigade of the advanced force had just
left Rangoon for Prome. It consisted of her Ma-
jesty's 18th Royal Irish, her Majesty's 80th Regi-
ment, and the 35th Madras Infantry, with eight gunF,
and a detachment of Sappers and Miners.
"It was accompanied by General Godwin, the
admiral, and almost all the heads of departments.
"The second brigade was to folLw shortly, and
it was expected on its arrival at Prome that Pegu
would be ceded and annexed, and the war closed.
" There is no other news of importance.
" Money was abundant. Company's Five per Cents.,
107,i ; Debt, Four per Cent., 923. Exchange on
London, 2s. Old. for six months' bills.

"Exports lively. Cotton, 96 to 105 rupees per
candy. Opium, 1,067 to 1,105 rupees per chest.
" Freights for London and Liverpool, 2/. Is. 61 to
2/. 10s.

" From China we learn that the insurrection
against the Emperor was gaining strength."

FRANCE.

We have received the Paris journals of yesterday.
Under the Senatus-Consultum which hes just been
promulgated, the choice of the Emperor Napoleon 111.
may fall upon either of the following persons, as suc-
cessor to the throne, in default of direct male issue—
viz., the sons by the second marriage of Lucien
Bonaparte, viz., Charles Lucien Bonaparte, Prince
de Canino, ex-President of the Roman Constituent
Assembly, aged 49; Louis Lucien, aged 39; Pierre,
aged 37 ; and Antoine, aged 36. The surviving son
by the second marriage of Prince Jerome, Napoleon
Bonaparte, aged 30. The sons of Charles Lucien
Bonaparte, Prince de Canino—viz., Joseph Lucien,
Prince de Musignano, aged 28 ; Lucien Louis, aged
?4; and Napoleon Jacques, aged 13. In addition to
these persons who are susceptible of being called to
the succession, the new imperial family will consist of
the following members, none of whom, if now unmar-
ried, can marry without the consent of the Emperor—
viz., Jerome Bonaparte, ex-Kieg of Westphalia ; the
Princess Zenaide Charlotte Bonaparte, eldest daughter
of Joseph, broth.r of Napoleon, and married to the
Prince de Canino; the daughters of Lucien—viz,
the Princess Alexandrine' wife cf Count Vincent de
Canino, and the Princess Constance, a nun at Rome ;
the Princess Jeanne Bonaparte, married to the Mar-
quis Honorate; the Princess Mathilde, daughter cf
Jerome ; and the five daughters of Charles Lucien,

Prince de Csnino.
The fall in public securities made further pro-
gress yesterday. The Four-and-a• Half per Cents.
opened at 1061. 75c., and closed at 106 f. 20c. for the
end of the month ; the Three per Cents closed at
841. 150.; Orleans Railway shares, 1,725 f.; Rouen,
9801.; Havre, 505 f.; Great Northern, 8201.; Basle,
3651. ; Paris and Strasburg, 800 f. ; Paris and Lyons,
9101.; Great Western, 7401.; Lyons and Avignon,
740 f. ; St. Dizier and Gray, 600 f. ; Ceen and Cher-
bourg, 625 f.; Dijon and Besar.pn, 6121. 50c. ; Bor-
deaux and Cette, 655 f.

BUSINESS DONE 1N FOIEIGN RAILWAYS AT THE
LONDON t,TOCK EX3HANGE, Nov. 11, 1852.
Dijon and Besancon, S—East Indian, 281/2—Grand
Junction of France, VA—Great Western of Canada, shares.
11—Luxembourgh, 7—Ditty (Railway), 43/4—Namur and
Liege (with interest), Bs/s—Northern of France, 31—Nor-
wegian Trunk Preference, 957;7—Paris and Lyons, 28174—
Paris and Strasbourg, 33—Yaris, Caen. and Cherbourg, 9
Quebec and Richmond, 3i—Rouen and Havre, 19i—
Sambre and Meuse, 101/4—U?per India Scrip, p.—Western
of France, 17

LAW INTELLIGENCE-(THIS DAY.)

EXCHEQUER COURT.

LUXLZY V. GYE.
Mr. Creasy applied, under the new statute, for a rule
to show cause why the defendant should not be at liberty
to traverse certain matters contained in the declaration.
The action, in which the damages were laid at 30,000/.,
was brought by Mr. Lumley, the late director of Her
NUjesty's Theatre, against Mr. Gye, the manager of the
Covert Garden Orra House, for having prevented
.'riddle. Johanna Wagner singing at the former place of
entertainment in accordance with a contract entered
into with Mr. Lumley.
The declaration sot out that the defendant counselled
and advised her not to fulfil the enpg,ment, and agreed
to indemnify her from all costs and damages which she
might be made liable to by reason of breaking the con-
tract.
Hr. Baron Parke.—On what ground do you wish to
traverse.

Mr. Creasy.—First, tLe averment that the defendant
knew a contract was in force with Lumley when he en-
olged Madclle. Wagner. I contend that the declaration
shows no cause of action whatever.

Mr. Baron Parke.—Do you pledge your oath that
the facts proposed to be traversed aro untrue?
Mr. Creasy thought the act did not require that.
Mr. Baron Parke.—The act requires that the party
khan state be is advised and believes he has good grounds
to troverso the several matters.
The Court requested that the affidavits should be
amended, and that the matter should be brought before
a judge at chambers.