The Sun.
London, England, 1852-02-19 00:00:00

evicittruil

LONDON, THURSDAY., FEBRUARY 19, 1852,

Fortunately fur the country, there are no lack of
opportunities for bringing ab'aut the destruction of
the present most inefficient amid unpopular Govern-
ment. In various departments the members of the
Administration have shown the ir inefficiency. Con-
spicuous, however, among th ose remarkable delin-
quents are, of course, as is very well known, the
COLONIAL SECRETARY and the, CHANCELLOR of the
EXCHEQUER. With the " financial imbecility" of
the latter the community is un happily but too fami-
liarly acquainted. The "Brie.t-dust Budget," for
one thing, was bad enough, but: even that was sur-
passed last session by the doubt budget, so long, so
loudly, and so deservedly ridicul sad by the population.
It would have been well for tb e political reputation
of Sir CHARLES WOOD had his tenure of power been
as brief as that of the present Earl of RIPON when
Lord GODERICH. The people would not then have
been afforded such reiterated and damning evi-
dence of an incapacity now notorious throughout
the United Kingdom. Such ~, however, has been
the lamentable destiny of the . Right Hon. Baronet,
the Member for Halifax, that h is shortcomings as an
administrator have been made n r iserably apparent by
a series of the most blundering .acts ever adventured
upon by a_Chancellor of the Ex c hequer. Earl GREY
has obtained a no less une a viable unpopularity,
though his has been acqu ired by a very
different course of proceeding . Instead of the
do-nothing system of Sill Ci SARLES WOOD, the
Noble Lord at the Colonial-office has adopted a
policy of the most interfering character, a character
at once remarkable for its disple 7 of precipitancy and
intemperance. Insomuch has t his been the case that
the affairs of the several dependosncies of the Crown
have become more or less em broiled at intervals
during the period of his singul rsrly mistaken admi-
nistration. Perhaps the most In elancholy instance of
this is the one recently afforde(l. by
.the outbreak of
hostilities once more between the authorities at the
Cape and the natives of Kafirla rid. This revival of
war in Southern Africa, as th, a people of England
are already aware, is entirely a mid directly attribut-
able to the course pursued by E, sr! GREY in the con-
duct of our colonial administi tattion. Yet, though
himself the culpable party, th D Colonial Secretary
has taken upon himself the respm isibility of recalling
a distinguished officer like Sir HARRY SMITH, an-
nouncing his degradation from ti xe rank of Governor,
in terms justifiable, we conceive, under no circum-
stances whatever. The recal of 'Sir HARRY we look
upon as the certain means:of ulti Enatelyond we think
also speedily, leading to the equ tally peremptory dis-
missal of the Colonial Secretar y himself. A more
flagrant case of injustice cannot be recorded against
her MAJESTY'S Government. The cruelty of the
tone in which Earl Gary's no tiarious dispatch was
couched removes from our n Iliad, moreover, all
anxiety of wounding the feeling 3 of the Noble Lord
by the manner in which all par Lies should now, we
conceive, unite in bringing abo tat his own discom-
fiture.

By the harshness of his official language, by the
unpardonable injustice of his 'course towards the
late Governor of the Cape Colo rty, by his disinge-
nuoua arguments, by his precipi .t.ancy, his indelicay,
and his (we fear wilful) misreprs aentation in the mat-
ter at issue, Earl -GREY has ren loved himself alto-
gether laeye.nd the limits of the l rpular sympathies-
The el •Amuns, •
moreover, which ha re been expressed by
his Grate the Duke of,
WELLING MN, opinions in the
strongest
manner commendatoi y of the military
proceedings of the vary man •4 whose capacity as a
commander has been so ungracefully assailed by
the Noble Civilian at the hen id of the Colonial
Department, place the latte r staesman in a
position of yet more painful
eve referred more
and extraordinary
embarrassment. Already we 1
than once to the matter here againbrought by our-
selves under public consideration '; but we are in-
duced to revert to the subject bee muse of our sense of
avail-
able opportun
its importance : and we shall not cease
our views upon the question at issue at
every
able
:.I, y . until such time as we shall witness
either the irldividualresign desirable,ationo power by
the Earl
GREY, or., what is yet more
.collective
resignatkm of the whole of the exaMing Government.
Elsewhere will be found in our' impression of this
evening
Sir liAltEr SMITS from the Government of the
,
a letter (in reference to the dismissal of
Cape), addressed to ourselves by an esteemed and
valued correspondent. Viewing t he case in point
dispassionately, the writer is compe lied to regard the
harsh and intemperate dispatch orf Earl GREY an-
nouncing the recall of his Excel) to ncy, as affording
another and a crowning testimon y of the
rashness
arid incapacity visible in the w.hole conduct of
our Colonial Administration. FL•com the lucidity
with which the various stag 'a of this moat
lamentable transaction are emu m gated in due se-
quence, from the candour with wh is h the whole pro-
ceedings have been recounted in tk.e communication i
here specified, we are sanguine that it will be pe- I
rused with the attention to which i t is eminently en- 1
titled, more particularly as, in I altlition to thit., ii:
will render all who may happen still to be dimly and
inadequately acquainted with the flick i of the case
aware of their full import and t heir general ten-
dency. With our correspondent we look forward

with eager anxiety to the ulterior result of this
shameful, and yet, at the same time, khameless in-
stance of the despotism indulged in by the Colonial
Secretary.

We have repeatedly directed attention to the pro-
priety of establishing a public prosecutor, who should
conduct, at the public expense, all cases of import-
ance. 0 wing to the absence of such a functionary
there might very possibly be a failure of justice,
through the inability of the injured party to sustain
the heavy expenses incidental to the efficient conduct
of the proceedings. Such things have but too fre-
quently happened, and are of almost daily occurrence.
There are but few persons who, having already
sustained heavy pecuniary losses, will look
to the benefit of the community, rather than their
own private interests. Propositions for settlement
will, therefore, be listened to even at the eleventh
hour, and it is unfortunately bat too notorious that
private arrangements, if judiciously introduced, will
receive the sanction of the Court, and be rendered
effectual.

There are, however, sometimes to be found indivi-
duals who, disregarding every selfish feeling, look
only to the public advantage, who will devote time
and money to the exposure of a swindling system,
by which they have been, and other persons simi-
larly circumstanced may be victimised, who with
the true John Bull spirit, will sacrifice themselves
for the good of their country. Such persons, how-
ever, may sometimes be found, and it is really too
bad that they should be subjected to serious ex-
penses for their patriotic exertions. They contri-
bute their proportion to the liquidation of the na-
tional. liabilities and the maintenance of the na-
tional establishments, and are, theoretically, entitled
to full protection for person and property. Prac-
tically, however, if injured in either, the second loss
may prove the greater of the two ; and more may
be expended in bringing criminals to justice than
the party may have , originally lost by their mis-
conduct.

The subject to which we have alluded received a
strong illustration in a case—the Quzart v. FEUILLAN
and DENlS—which was tried yesterday at the Guild-
hall, in the city of London. Two persons named FEUIL-
LAN and DENIS were indicted for obtaining goods under
false pretences from Mr. H. SILVESTER, a corn and
flour factor, having a stand at the Corn Exchange
and an office at 59, Fenchurch-street, in the City,
and also for a conspiracy to defraud that gentleman.
It appeared that FEUILLAN had figured under various
names, as LAFITTE and Co., and BEETTE and Co.,
that he had been indicted at the Old Bailey, and
was under the surveillance of the Trade Protection
Society and of " detective" officers. DEms,
the other defendant, had previously maintained
a good character, but it was shown in
the course of the trial that he bad been repeatedly
cautioned as to the character of FEUILLAN, apprised
that he was a swindler, applied to respecting debts
which the former had incurred, and actually sued
on a bill of exchange, of which he was himself the
drawer and FEUILLAN the acceptor. Notwithstanding
these repeated warnings, Mr. DENIS still persisted in
vouching to the high character of his associate and
his perfect trustworthiness and responsibility.
Among others, Mr. SILVESTER was selected as a
victim. FEUILLAN, who had, through the high cha-
racter given to him by DENIS, obtained an agree-
ment for a lease of a house at No. 87, High-street,
Marylebone, looked at some samples belonging to
Mr. SILVESTER, and expressed his high approval.
He gave a reference to DENIS, who was a wine
merchant, carrying on business at Lime-street,
in the City, in order that the owner might
be satisfied as to his solvency before he
gave the usual credit in the trade, one month.
The prosecutor appears to have exhibited the greatest
caution. There was none of that reckless seeking
after business that has so often and so justly been
condemned by judges. Never was a compliment
more justly merited than that which the LORD CHIEF
JUSTICE paid to the prosecutor, when, after speaking
emphatically of the paramount importance of the case,
he said that the public were deeply indebted to Mr.
SILVESTEE, not only for instituting, but for the manner
in which he had conducted the prosecution, sparing
no labour or expense to elicit the truth, while the
offence had not been occasioned by any error on his
part. The most prudent man might have fallen into the
trap that had been set. Mr. SILVESTER went to DENIS,
who was supposed to be a man of high respectability,.
and who produced a number of unimpeachable wit-
nesses to speak to his exemplary character. He
omitted no point worthy of notice—inquiring why it
was " that a baker gave a reference to a wine-mer-
chant"—to which it was answered that
the party had only recently entered
as a baker, having previously been engaged in the
wine trade, which was " rather overdone." He then
heard statements as to FEUILLAN'S having a lease of
his premises, at 701. per annum, when ' it was
shown that he had only an agreement at a
rack rent of 1401., and that the lease was not
mortgaged or :encumbered in any manner ; also
that he
was a person perfectly free from debt,
,
and certain to succeed from the many ad-
vantages he possessed. the most sceptical indi-
vidual could scarcely hesitate under such
circumstances, but Mr. SILVESTEE, in order to
" make assurance doubly sure," saw FEUILLIN,
and received his assurances in corroboration
of every statement made by his confederate
DENIS. Afterwards no payment could be ob-
tained. In vain Mr. SILVESTEE remonstrated,
letter after letter remained unanswered, and his ap-
plications to DENIS did not produce a more satisfactory
result. The searching investigation which he insti-
tuted showed bim that the parties were in
collusion, that there was a deep-laid conspiracy to
defraud the public. When he had arrived at this
conclusion his course was clear. - Bills of indict-
ment were preferred and duly found. Every obstacle
was thrown in his way—the case was removed
by certiorari, thus:materially increasing the expenses,
These impediments, however, did not discourage the
indefatigable prosecutor. He followed it up to
the last, and obtained a conviction, under
which the parties were respectively sentenced
to two years and one year's imprisonment, with hard
labour.

The majesty of the law has thus been vindi-
cated, but at what cost? Although in such cases
the nominal expenses—very different, how-
ever, from those actually incurred, are . granted
—it is considered that there is no power to allow the
expenses of a trial in banco, when it has been re-
moved by certiorari. Mr. SILVESTEE will therefore
receive no return for his heavy outlay, unless his
fellow-citizens should recognise the propriety of
saving him from pecuniary loss in consequence of his
efforts to break up one of the most formidable
conspiracies that had been for many
years concocted against the merchants and
traders of London and its vicinity. We trust that
the parties who have received this valuable service
will show their sense of its vast importance by the
manner in which they recognise the conduct of Mr.
SLIMMER in the transaction.

THE SUFFERERS BY THE AMAZON.—"A Benefit"
for the widows and orphans of those who unhappily perished
in the loss of this splendid steam-ship, has been for
some time announced as in preparation. It is at length,
we are gratified to observe, fixed for Monday evening
at Drury Lane Theatre, when an unusually .crowded
attendance may, we believe, be looked forward to with con-
fidence—not merely because of the all-powerful motives of
benevolence, but because likewise of the very attractive cha-
racter of the entertainments. One of the most distin-
reatest
in which the
se principalge
readiyo,
guaftielhed
the
etrestses of the day—in some respects the greatest
genius now " treading the boards"—Miss Helen Faucit
(herself a " host" in attraction) will on that interesting
occasion repeat, raepAnaseat,by general desire, her celebrated imP,ersona-
of Juliet. Added to which, there will li.h)tei.otgi,idvl,le.iienll.,
miscellaneous concert
Oldor
high Drury,
re p
th ear artistes
auxiliariesgrodf
tiat
•
affording a crowning value and inter, at to the
performance, the
of her Most whole is announced as under the patronage
circumstance, Gracious
therefore Majesty, the Queen. Under every
looking forward,
as
we say,
we conceive ourselves ju stifled in
Ms of the entertainmesnai, with confidence to the entire sue-
Mr. J. W. Turner's
queathed to the nation, will, by pictures,which he hem be-.
be publicly exhibited at his la)tre his own express directions,
Anne-
street, as soon as arrangements residence in Quee n
His executors hope to be able to
be made for the purpose.
ensuing season.
this du.th ig the
of seeing, at an early period, what a a have an opportunity
noble bequest l tas. been
made in its favour.—Art-Journal.
A subscription has been opened
It in L. iv_err 00l for
the sufferers by the Holmfirth catastrophe, and a meeting
for the same purpose is about to be held in blanched er.

The metropolis was visited with hailstoi ?mg of
considerable violence yesterday, by which much dam age was
done in different localities.