The Sun.
London, England, 1863-08-14 00:00:00

THE SUN, LONDON, FRIDAY EVENING, AUGUST 14, 1863

about the
•••• paper, as clerks and accountants, to receive
moneys, &c. The effect of this, the learned counsel said,
was to give the defendant a security, but not to make him
either Holt's principal or his partner. The money was ad-
vanced from time to time by the defendant, and, wnen the
whole of it had been advanced and expended, Holt applied
for more, and the defendant consented to make further ad-
vances to the amount of between £2,000 and £3,000. Such
having been, the learned counsel said, the real relation be-
tween the parties, there had been no conduct on the part
of the defendant holding himself out to the plaintiff's as a
partner or principal, for they never knew him or heard of
him until after their alleged engagements. That being so,
he contended there was no liability at all, in law or in fact.
All the acts or conduct ascribed to the defendant were to be
accounted for by the agreement between himself and Holt,
and imputed no relationship of principal and agent, or of
partnership. Then as to the second question, of the extent
of the liability (assuming any liability at all) and the alleged
custom of sessional engagements, the learned counsel denied
that it applied to papers just started to the knowledge of all
parties as a mere speculation.
The defendant and Mr. Hult were both called in support
of this case for the defence.
the defendant, was called and examined by
Mr. Hannen. He said he was a merchant in London, and
had fii et known Holt in connection with some company in
which he was interested. In January last year Holt ap-
plied to him to assist him in starting a paper, and the agree-
mentT
yhwe
penny g.
rr
eeoluemrersmn.
stes
Wagstaffehat
eedstrrp.
ewwabepa purpose
xasoepgria Btrstetiosatsfosaot
rbaelfeebaldoodor.c
awsuevhlsarsl
alluded to was entered into.
It is
advance
—oclsdd
e,agreedot a bringnawh
ehodrelr
hbeoo
bentnihfedtotelrawt
:hole conductadtehhesnsiem:t
andgrshiaegemne
has a
dal;
odo tfol4tiL, appliedhur •Tlelt VaoaotaOntrgetistsrh. tafte'sumt
go
y him
igureaeumdeanhtopuaiyoutioiinthgeasuadidpHubollitshXiln,OgOaou,
dtooobhe
conducting
and b,,
2e s. t iusthi
theng
saidth e saidH ohi intended du
se
ingenwreop
atlapeers'aid 'Wagstaffe
all the plant and type, together with the copyright of the
paper, as a security for the said sum of £l,OOO and interest.
" 3. That tne said £l,OOO, and interest thereon at the
rate of 5 per cent , shall be payable ow of the profi.s to be
de, ived from the said newspaper, but shall not be a personal
obligation upon the said Holt.
" 4. '1 hat the interest shall be payable quarterly, on the
15th April, 15th July, 15th January, &c.
"5. That the said £I,OOJ shall be repaid by annual in-
stalments of £3OO.
" 6. That as a further security to the said Wagstaffe, he
shall, so long as any part of the said sum shall be unpaid,
have the absolute appointment and power of removal of all
clerks and servants to be appointed to conduct or keep the
books and accounts, and receive or pay moneys to be paid
or ref eived on account of the said newspaper, but shall not
thereby incur any responsibility.
" 7. That as a further term of the agreement, the said
Wagstaffe shall have the option, at any lime within 12
calendar months trom the date of the agreement, of requir-
ing an absolute assignment to be executed to him of three
fourth-parts or shares of and in the said intended news-
paper ; and the said Holt agrees also to assign to him, or at
hie direction, three fourth-parts or shares of and in the
plant, type, and copyright.
" 8. That in case the said Wagstaffe shall exercise the
option reserved to him by the last clause, he shall be at
liberty to sell or assign the said three fourth parts or shares
without the assent of the said Holt, but the said Holt shall
not be at liberty to part with hie share or part without the
assent of the said %Vegetate."
At the time of signing it he gave Holt a cheque for £l,OOO,
and Holt at once returned it to him and asked him to act as
his cashier or banker, and pay away moneys from time to
time at his order or direction, and be did so. He paid away
more than the £l,o'so, and Holt then applied to him for
more money, saying he was satisfied that the paper would
be a success, and witness agreed to and did advance more
money, taking Holt's bills as security. He never exercised
his option of becoming proprietor and taking a legal and
formal assignment of the paper, and had only appointed one
clerk. He had not engaged any of the persons employed
upon the paper, nor ever saw any of them until after they
were engaged. He had gone down to the office to see how
things were going on, but had never interfered in the ma-
nagement. The witness explained the various incidents
which had been spoken to as instances of alleged interfer-
ence. They were, as he represented them, mere casual ob-
servations or suggestions on the part of one casually present
and interested in the success of the paper. On one of these
occasions there was a premature rumour of Prince Alfred's
death, and he had said it would be well to be quite satisfied
of it before it was mentioned, as it would ruin the paper if
it turned out to be wrong.
Cross-examined, the witness said he was a general dealer
and " bought foreign or domestic goods." He called him-
self a merchant. At the present moment he called himself
also a contractor. He had been connected, perhaps, with
five companies. He was pressed as to whether it was not
his intention to convert the paper into a joint-stook
company, and this he denied, and, being shown a pro-
spectus about it, said it was Holt's doing. Being asked
if it did not appear as an advertisement, he said he
believed it had, and probably he had seen it ; and
had not objected to it. (It was for the purchase,
on advantageous terms, of the paper, on which a
certain sum had been already judiciously expended, and
which only required more capital to become a good pro-
perty.) Pressed as to what was the sum the company were
to pay for the paper, and whether it was not £lO,OOO, he said
he did not know. Asked as to the persons put as directors,
it appeared that one of them was the clerk he had appointed
as cashier, and anotaer the foreign editor of the paper.
Asked whether there was ever a company formed, he said
be did not know. He was to have shares, but it was not
defined how much he was to have, except that he was to
have his money back. Pressed as to whether he should not,
it the company had been formed and the purchase effected,
have asserted his option of proprietorship to the extent or
three-fourths of the purchase money, he said he should
The learned Judge—And thus, if the paper was sold for
£lO,OOO, you would have .E 7,500 ?
Witness—Yes, that would be so. He admitted he was
to be entitled to three-fourths of the paper or its purchase
money. Pressed as to whether he did no know Holt had
been in difficulties, he denied it. He was then pressed as
to other ompanies he had been connected with.
The learned Judge asked how that was relevant ?
Mr. Prentice (in the absence of Mr. Denman) said he
should contend that one great object of the defendant in
establishing the paper was to advertise these other schemes,
and that the alleged agreement between him and Holt was
e mere pretence and sham, and that the defendant was the
teal projector and proprietor.
The learned counsel then went on reading from a list in
his hands, and, holding up a large bundle of prospectuses of
joint-stock companies, to press the defendant as to schemes
it was suggested he had been connected with. Some of
these he admitted—others he denied. He was asked if he
had not said he required the paper to advertise such
schemes, and this he denied. He was then pressed as to
whethet before the alleged agreement he had not advanced
moneys for the paper, This he denied, upon which a cheque
of his given to the printer on the 6th of January, 1862, was
called for and produced. It was for £lOO, and in favour of
the printer, and before the alleged agreement, and made no
mention of Holt. The witness, however, said the terms of
the a d
beenthe
walreadyitnass sseatitdl ehde.
did
dkneedt if
know.th
e
admitted that for some time he had daily statements of the
hagreementbeenregistered,
i
red,
he ha d no interest in the con-
cern except to get his money ba i
advertisements. He declared
affairs of the paper. He denied receiving the money for the
ck.
st had
£lOO, He said he dealt in iron. He had done nothing with
the paper but pay out his money. He was quite willing that
Re-examined, ho said Holt had given him a receipt for
Holt, if he could, should dispose of the paper to acompany,
that ho might get his money back Holt in the first instance
had assured him that the £1,600 would establish
again thefo pafpuerr
firmly, and afterwards pressed him again riros
ther advances. He never advanced any money but on
request, and altogether was out of pocket £2,700.
and
Mr. Holt was then called and examined by Mr. Hawkins,
and confirmed the evidence of the defendant. lie said he
had desired to start a paper on his own account. and had
told defendant he could do so with £l,OOO, and defendant
between them.
contained in the true and real engagementagreed to advance the money on the terms of the agreement
If he could have established the paper it would have been
e would
worth £40,000. It was a large lottery ; the ptil througbezh
great if it succeeded. The calculations had failed
unforeseen circumstances, but the money
he at first had
dant had
would otherwise have been enough. The defen
the
never anything to do with the paper except underin
the
agreement. He tried to get other gentlemen to jointate
enterprise, but could not. The witness went on
ow,
that he had engaged the reporters, and the plaintiff to state
that
and he had told them, that his circumstances would not
admit of his entering into permanent engagements. He had
distinctly told them so, and stated to them that their first
engagement would be for a week, though he hoped,
paper were to succeed, to give more permanent engagements,
and at the meeting of the reporters he distinctlyreelouts,
ated
this in the presence of all of them.
also
Mr. Alpass that the defendant was a proprietor. Re
ses
Cross-examined, the witness denied he had ever told Mr.
denied having said so to a Mr. Lilley (one of the witnesses
for the plaintiff), but admitted telling him "not t° gns,slP.
s,
He was then pressed as to whether he had told A!Polial°_.
Courtney, Reed, and Williams, that they were engage Y
for a week, and he positively swore that he had
and all of them so, He was then asked as to the advbee
siaid
ment about the sale of the paper to a companY, and __
there was no contract for the sale of it. He v 7413 then
ferred to the terms of the advertisement, whxb were
The
directors are under contract for the purchase of the paper
upon told
retasceh.
upon advantageous terms ;" and he said that there wan
contract in writing, and that the paper was in such a Post.
tion that it would be "advantageous"
(Great laughter.) The company was not registeredd andn
was the paper. Asked as to the iroprint--" printe
oke
published by Mr. Holt for the proprietors," ho said it looked
as if it meant a good deal, but it really meant nothing.
(Laughter.)
The learned Judge said there was some Act of Parlia-
to let any one take iotr
ment which required that it should be stated for whom the
paper was printed, and it was in all newspapers.

Mr. Prentice pointed out that the word was in the plural
-" proprietors.' _ _

The learned Judge observed he did not think there was
much in that. It was rather a small point in the case.
Mr. Alpass was then recalled by Mr. Prentice, in reply
on the part of the plaintiffs, to contradict the evidence of
the last witness. He said he could not state that on any
particular occasion the last witness had precisely stated
that the defendant was proprietor.
Mr. Lilley, one of the plaintiffs' witnesses, was recalled,
and swore that Holt said to him that the defendant was pro-
prietor, and that he must be careful what he said about it.
Mr. Hawkins, in addressing the jury on the evidence for
the defence, said this last piece of evidence could not be
true, for it was opposed to the undoubted facts and docu-
ments in the case.

The learned Judge observed that he supposed one ques-
tion would be whether the alleged agreement between Holt
and the defendant was real or only colourable.
Mr. Prentice said that he should also insist that, even if
it wore real, it constituted a partnership, as the defendant
was to be paid out of the profits. He should also submit
that the defendant had held himself out as proprietor, or
allowed Holt to join him as such.

The learned Judge observed that this was after the al-
leged engagements were entered into.

Mr. Prentice said, from the first, the plaintiffs were aware
that Holt was not himself in a position to make engage-
ments, and therefore that he must have been acting for

some one.

The learned Judge said he did not see bow that would
affect the question if the plaintiffs had made their contract
without knowing of the alleged principal, and before he
had held himself out or allowed Holt to hold him out as
the principal, even assuming that he had ever done so.
However, this was merely for the purpose of seeing how the
case might possibly be shaped.
Mr. Hawkins then argued to the jury that, upon the
evidence, it was quite impossible that the plaintiffs could
have entered into these contracts on the faith of the defen-
dant being principal or partner, for they did nut know of
him, nor knew as a fact that there was any one else than
Holt in the concern. The alleged engagements were before
the agreement between him and the defendant, and before
the defendant had anything
to do with the matter. Nor
could untrue statements by Holt, even had any such been
made, affect the defendant, unless they were made with
his sanction, and also before the alleged engagements. The
learned counsel drew a humorous picture of the position of
the paper in its last days, the printer daily pressing Holt for
money, and Holt pressing the defendant ; and thus the de-
fendant led on day by day to make further advances. The
Iron Times, he said, had not a very iron constitution, and
the joint stock company had been suggested at the last
moment as the only chance of supporting its existence. It
was then that, as a mere afterthought, it had beat endea-
voured to fix the defendant.
Mr. Prentice addressed the jury in reply on the part of
the plaintiff. He said it was quite ludicrous to see how in
these days joint-stock companies were " got up,' and the
case of the Lon 2 irnes was an instance of a scheme between
e man with money and a man without it, by which in the
event of success the moneyed man should realize a large
fortune, and if it faile ' should lose as little as possible. The
whole of the pretended agreement between Holt and the de-
fendant was a sham. It was expressly stipulated that Holt
should not be personally responsible, and yet it was pre-
tended that he had given bills of security—bills, by-the-by,
which had not been produced, and the giving of which, if
they had been given, was only a proof of fraud, for it would
be a flat contradiction of the agreement. Theadvertisement
of the "contract" entered into for the purchase of the paper
(which was denied by the defendant and his witness) was
another evidence of fraud, and was obviously a mere device
to gull the public, by a statement now admitted to have
been utterly untrue. If the company had succeeded, as so
many delusive schemes had succeeded, the result would
have been a sale of this paper for a large sum, the greater
portion of which the defendant would have received. The
main question was, what had been the real agreement be-
tween the defendant and Holt, and the otject had been to
enable defendant to evade all pecuniary risk or liability in
the enterprise in which he was really engaged.
The learned Judge, in summing up the case to the jury.
first remarked on the point of damage, supposing the plain-
tiffse entitled to recover, and pointed out that they had the
benefit of their time ; but that if they could not employ it
profitably, they might be entitled to their full salary--
otherwise, not so, '.Chen, as to the duration of the contract
(supposing the defendant liable at all), there was not dis-
tinct retainer for a session, at all events, in C.,urtney's case.
But both the plaintiffs relied on
an alleged custom, rest-
ing on what certainly seemed reasonable—that the en-
gagements of Parliamentary reporters should be sessional.
Certainly, if that were so, it would go to confirm the case
for the plaintiffs, but it must be considered whether it was
probable that such a custom would be applied in the case of
a paper just started, and there was the direct evidence of
Holt that it was not so in these cases. Then as to the main
question, 'whether the defendant was liable at all. He was
of opinion,
in point of law, that if the agreement between
Holt and the defer dant was real, thou (apart from his
"holding himself out") the defendant would not be liable.
Its avowed object was to protect him froru liability beyond
the £l,ooo—in fact, to limit his liability. This was a per-
tectly legitimate object, and one which he might lawfully
and fairly endeavour to effect. And certainly it was effected
by this agreement, assuming
it to be real. The case for the
plaintiffs was, that it was not real, but colourable, and that
the defendant was real owner, either as partner or as Prin-
cipal and employer. It would be for the jury to say whe-
on account of
they it was so or not. Beyond all doubt there was nothing
at all improbable in the agreement. On the contrary, it
nt and Holt that it was the real
positive oath of the defendant
them • and it would be a strong thing to
seemed very probable and reasonable. And there was the
disbelieve them,
agreement between
jury ,
various cirourastances which they mustthel consider. The
various acts of interfedrae;
ceand they had hearcPl hinsteiffax iwere
as the were asked to do,
planned by the defendant,
the fact that Holt receivedialla.
tion. There visa certainly
salary, well be that the defendant and he a
salary, but it wig"- have had
so much a week as editor.
agreed that he should Such,
Now,such were the main features in
however, was the tact.
t consider, and
the case which the jury had o . which was peen-
En The great question was, whether
liarly one for the • the
genuine, and whether the efendant was
agreement was go-r--a
part
proprietor. It was suggested
really a proprietor o that
contrivance to promote the d
the paper was a defendant's coin,
up some carryon the other company to
penies or to get paper.
supposition, it olio not see
As to the first su seem to show that the
PsP°likely to be real ;and
agreement was less to the other, the
y appeared to have been started only as
newsPaPer c°l33`,, alj-
e had
a last resource woen the paper wiled. There was one
other topic to be considered The re was a rule of law under
which a man could not deny the truth of his own represen-
tation if others had acted ,
pun it, and thus, if the defendant
had held himself out. or allowed any one to hold himself
rietor, and the plaintiff
out, as the Pil) s hed trusted to that
in their contracts, he could not be e held to dispute it. Upon
question
that, however, the
.would be twofold—had he so
held himself out or allowed himself to be held out
so before the plaintiffs as owner,
and had he don© were engaged. As
'ntiffs' own evidence to this the plaintiffs was that they were en-
heard of
gaged before
they
the paper thest defendant, before the agree-
ment, and
and of them arted' and before Parliament
opened, aues had seen the defendant until
neither
could not s
afterwards. see himself how, on this ground,
the plaintiffs case could besupported. A man •
as the real truth was not liable
otherwise thanof the case, unless he had
misled others into acting on the faith of a different
facts. As to what had happened state of
after the alleged
engage-
ments it was different, and there were, certain] several
matters which had occurred, and which were y
malikely to lead
• tiffs to conceive that
the plain the defend ant was the pro-
prietor. In conclusion,Judgeleft
whether the defendant was really a •
A whether the e proprietor, of part pro-
prietor ' and
prietor or part proprietor before or atthe •
time of the alleged
engagements.
The jury found all the questions in favour of the defend-
ant, except that they found that the defendant held himself
out as owner after the engagements.
T, e jury, having found the three first questions in favour
of the defendant, and the fourth question in favour of the
plaintiffs, were then asked whether Hilt had represented
before the agreement that there was •
any principal behind
bin', also whether he had done so afterwards;
they answered in the negative, the
latter in the affirmative.
I hey also found that a k wee ly engagement had been made
with both plaintiffs.
The result was a verdict for the defendant, with leave for
the plaintiffs to move on the questions answered in their
favour.
It was agreed that there was to be no appeal.

OXFORD CIRCUIT.—GLOUCESTER, AUG. 13.
CROWN COURT.
(Before Golding i was indicted
iJusticendicted
forß yl etBh murder of her
.)
infant child, at Stapleton, on the 16th July,
Mr. Sawyer was for the prosecution; Mr. Weightman
Mary Ann G e
was for the prisoner.
The prisoner was in service as a housemaid at Stapleton,
and on the 16th, at about 7 o'clock in the evening, her fel-
low-servant went upstairs and found her in their bedroom.
When she entered the room the prisoner loft it, and she
then observed marks of blood on the floor, and, looking un-
der the bed, saw a new-born child in the utensil in a crum-
pled-up state. She saw it move and gape. She at once left
the room, and when sho met the prisoner said to her " Oh,
111hry, what have you done ?" to which the prisoner an-
swered "Pray don't tell mistress ;" but she found her mis-
tress, told her, and returned with her to the room. The
child was taken out of the utensil; restoratives were applied
but it was found to be quite dead. It was tben rolled up
in some linen and left on the floor. The prisoner was ordered
by her mistress to leave that night. Mr. Herapath, a sur-
geon at Bristol, was sent for the same night, and arrived at
the house where the prisoner lived at about 10 o'clock. He
examined her, and found that she had been recently de-
livered. He asked to see the child, and the prisoner then
pointed to a box, locked and corded, which the prisoner had
got ready for her departure, and in it the body of the child
was found. Its head was extensively fractured, and Mr.
Herapath observed two spots about three feet from the bed,
one of which presented the appearance of the mark of a
child's head, with some hair adhering to the floor. On a
post mortem examination considerable fractures of the bones

',razes of the
"iing

of the cranium were disclosed, anu
sion of blood beneath the scalp and the men.,._
brain. The lungs had been fully inflated, and brea..
had been carritd on some little time before death. The
navel string had been cut. The delivery was not a diffi-
cult one, nor did it appear as if it could have taken place
in an erect posture.
The learned Judge pointed out to the jury the distinction
between murder and manslaughter, and
The jury found a verdict of guilty of manslaughter.
The prisoner was sentenced to one year's imprisonment,
with hard labour.

James Price, the elder, was charged with feloniously dis •
charging a certain gun, loaded with gunpowder and shot, at
and against his son, James Price, the younger, with intent
to do him grievous bodily harm, at Woo]hston, on the 3d
of July. The indictment contained a count for unlawfully

wounding.
Mr. Sawyer was for the prosecution ; Mr. Powell defended
the prisoner.
The prisoner is an old man of nearly 80 years of age, and
the prosecutor was his son, who, however, did not live at
home. On Friday evening, about 8 or 9 o'clock, the son
came to his father's house in a state of pa tial intoxication,
and he went into the cellar to fetch a reaping-hook. The
prisoner was there, and some words took place between
them with:reference to the old man's cutting some vetches
which the son had grown in a field of the old man's. The
old man justified what he had done, and the son brandished
his reaping-hook about, making the sparks fly from the
stone flooring, and threatened his father. The father ordered
him out of the kitchen. He refused to g 9, and then he took
down a gun and pointed it at his son, the prosecutor, who
whipped behind the settle, but he fired, and some of the
shot lodged in the son's leg. The son was taken up stairs
and put to bed. There was no doubt that he had given his
father great provocation, and it was stated that he had re-
fused to prosecute, but the magistrates thought that it was
a case which ought to be brought to the assizes, an opinion
with which the learned Judge expressed his concurrence.
After his Lordship had summed up, and told the jury
that though, no doubt, the provocation had been great, yet
guns must not be used in family quarrels, they found a ver-
dict of guilty of unlawfully wounding, with a recommenda-
tion to mercy.
The prisoner was sentenced to one month's imprisonment
in the common gaol.

SPIRIT OF THE PUBLIC JOURNALS.

TIMES.—It is curious that we should be

'-'e at, this moment to turn to Germany for
a„,
an expit....nation of the fanaticism of America. Ti :e
group of States in the world is now im-
oldestrauroLnary action by the very same
pelted to ext
passions which are convulsing the
yearning and
political union, the
country of Washington anal Franklin. The Fe-
deralsare bent upon recovering
nity. What
Germans upon recovering political 11
Germany has been for ages, that the Awe: jean Re-
public might be expected to become in the ec'ent of
Southern success or Northern failure. We shot:ld
see a Prussia on the Hudson, and an Austria on the
Mississippi, with Hesses and Hanovers perhaps
in the North-West, and Badens in the South. The
result would be precisely the same loss of public
strength which Germany has long experienced. Ail
the national power would be consumed at home.
For external action the resources of the Continen,
would be next to useless. One of its divisions
would counterbalance another, until the efficiency
of the whole would be neutralised, and united
action would be almost as impossible in America as
it is found to be in Germany. There is one feature
in the case, however, from which the Americana
may derive a little instruction. The Federals are
are never tired of asserting that the Uoion can only
be dissolved at the cost of eternal war. N ivy, it
that is really the truth, it must be owing to the
inherent pugnacity of democracies, for certainly the
balance of power in the Germanic Confederation has
proved eminently favourable to internal peace. The
Germans have been prevented from fighting other
people, but they have at any rate not fought each
other, and their political stagnation has been
sweetened by profound repose. But they are not
satisfied with it, and they are now about to make
one more attempt at military unity. France has a
population of about 35,000,000; Germany of about
45,000,000, and yet Germany stands in awe of what
France may do. This is because France is one State
and Germany 30. These 30 States get on comfort-
ably enough in ordinary times, but when war
looms in the distance they find their body corporate
paralysed. Austria is a great Power, and Prussia is
a Great Power; Bavaria and Wurtemberg have
each their armies, but Germany is nowhere. It is
hardly a political entity. Before it could act in its
confederate capacity, before a real "German" force
worthy of the name could take the field, a modern
war would be over, and whole territories might have
changed hands. Cannot the German house be set in
better order, so as to hold its forces disposable, and
play a good part against any challenger, whether
on the East or on the West ? That is the question
which Francis Joseph, Emperor of Austria and Chief
Sovereign in Germany, proposes to ask of his brother
Princes at Frankfort. The quaint old city has seen
a good many strange gatherings, but none stranger
than that now aontemplated. The representative of
autocracy, conservatism, and prerogative calls a
Royal mass meeting, a democratic convention of
crowned heads, to arrange a " platform " on strong
popular principles in the broad light of political
day and with the utmost publicity of procedure.
His Imperial Majesty hopes to make Germany a
military, if not political, reality, and to see Father-
land counting for a little more than at present in the
European world. For this chance be foregoes the
traditions of his house, and as he has of late had
some experience of constitutionalism as well as of
war, he is willing to make provision for the latter
contingency by some fresh work of the former kind.
It is certainly a strong temptation. We may gauge
the value of unity by the uses to which France can
turn it. Relying upon a fusion carried by the insa-
tiable Jacobins to the utmost perfection of a political
amalgam, France asserts her will with an absolute
serenity of confidence. She quietly tells us that
Europe can only be at peace while she is satisfied,
and the boast is actually justifiable. Partly from her
unexampled advantages of geographical position, but
mainly from ale consummate unity and compactness
of her political constitution, she can dictate to her
neighbours, and e;thee loftily pronounce that
" the Empire is PeaCs"a" or " go to war for
an idea." She shows her appreciation of
her privilege even by her jeolousies. She does
not approve unity in other quarters. She
'las declared without disguise that a united Italy
would be prejudicial to her, and that a stfsotlg, well-
amalgamate° Power either beyond the Alps or be-
yond the Rhine must be regarded as menacing her
with injury and loss. She prefers Federations, con-
veniently constituted and comfortably balanced, the
members or which can be elevated or depressed by
the weight of her powerful hand. This is perfectly
natural. On the European Continent real genuine
unity is at present the privilege of France, and the
gift would be damaged by diffusion. But Germany
has a right to bid for the blessing, and, what is
more to the purpose, has the power of doing so. She
cannot, like Italy, be hindered in the work. If she
is determined, she can have her way ; but will she
show any such resolution ? We doubt it. It is the
old story of private jealousies conflicting with pub-
lic spirit. Now and then, at great crises of history,
perhaps the Princes of Germany may sigh for that
unity which confers strength, but for the most part
they, and perhaps their people too, will prefer, like
the Southern States of America, to maintain politi-
cal independence at the cost of political power.
They will have no wish to take their Fatherland out
of the regions of poetry. They know full well that
they cannot, any more than the Americans, have
two things at once—State sovereignty and a strong
central Government. The King of Prussia looks
at this matter very much like Governor Seymour of
New York. Francis Joseph and Abraham Lincoln
are both desirous of welding a great Power together
to the terror of all opponents, but what the Pre-
sident and the nation gain the constituent coun-
tries must lode. It is only in the capacity for ex-
ternal action that all will be winners together, and
in the eyes of phlegmatic Germany the occasion for
such action would not often occur. Better live,
they may think, as they have lived, fairly balanced,
not uncomfortably settled, and relieved from the
charges as well as the glories of conquest. Nation
ality is a fine thing, but it costs a great deal of
money, and often something more than money too.
Mr. Cobden was right when he said that small
States were generally happier than large ones. Your
mighty empires are very apt to be aggressive, and
to promote their own "destinies" in a very expensive
manner. We have got two of tnese fabrics already
—a French empire in the west, and a Russian em-
pire
equallyul d th e
formidablepeac o f the world wd
equallyo t. ld b e
promoted
de eabyasnt. W
other
ambitious, established between them ? Would our
quiet friends the Germans like
to be started in a
race of this kind? They are now, it must be own, d,
a less powerful people than they might be. The
great Teutonic mass is never thrown into the scale
all together, and is outweighed therefore by the
superior organisations of Celts and slaves. But they
are tolerably happy without either colonies or des
tinies, or, if they could believe it, even without a
fleet. They have not much active power, but they
could do a great deal in the way of resistance, and
heir popular prejudices are wonderfully consulted
by their State divisions. They have an element of
disunion among them which is wanting in America.
roe war between the Federals and Confederates,
hitter as it is, is, at any rate, not a religious war.
Francis Joseph, the chief man in Germany, wants a
" strong Government" in place of a Federal Execu-
tive so weak as to be good for nothing. That is ex-
actly what the Washington politicians wanr. This
Executive has hitherto been the weak point in both
the American and Germanic Con lederacies, but we
see what it costs to strengthen it in the former case.
What the Northerners say about unity and strength
is undoubtedly true, but they forget that national
power is not the dearest object of every man's
heart. Mr. Jefferson Davis knows just as well as
Mr. William Seward that divided America will lose
weight in the councils of the world, but that loss is
a long way off, and is not half so impressive a con-
sideration as the loss of immediate self-government.
The truth is that millions of men diffused over an
enormous Continent have never yet permanently
concurred in their estimate of what ought to be
their politics! object. Different conditions create
different views, different views establish different
interests, and different interests lead to separate
communities. The old Empire of Germany crystal-
lised into independent States in obedience to the
gradual operation of natural laws. That these have
never lost the old tradition of unity is perfectly true,
and we sincerely wish that they may discover some
method of giving it a more practical form, but sec-
tional jealousies and State claims are formidable
things to deal with whether in the Old World or
in the New.
POST.—The cotton trade in Manchester and the
surrounding districts has reached enormous pro-
portions during the last half century. immense
fortunes were made, which in some cases were in-
vested in land ; a school of politicians arose from
this branch of industry which attempted on various
occasions to prove that the cotton interest was supe-
rior to that of any other in the kingdom, whether
connected with agriculture, shipping, lot eign trade,
or the like. Suddenly, however, the civil war in
the United States demonstrated the fact, which had
often been predicted previously, that cotton was not
such an absolute monarch in this country as had
been imagined. A collapse was the result; and
while the nation cheerfully responded by liberal
subscriptions to the cry of distress, ingenuity tried
to find a substitute for the raw material which had
hitherto employed thousands of hands, as well as
contributed to the national prosperity. A gleam of
hope shot through the darkened horizon when it
was announced that zostera marina, a brittle sort of
seaweed was about to supply the place of the plant
from the Southern States; but a moment's inspec-
tion of this proposed substitute at once dissipated
the illusion, and the hopes of the nation then centred

on flax. Now, flax is a substantial fibre. It bag•
always been cultivated in this country. Queen
Elizabeth insisted, in her arbitrary way, on its being.
grown in certain proportions to the breadth of
arable land. The ancient Assyrians and Egyp-
tians were in *he habit of clothing themselves in
purple aC'd fine linen ; and any person who has
seen an Egyptian mummy unrolled of any date
pretending to antiquity must have noticed tbe
almost innumeraZ'le folds of linen with which the
whole was encircle,
4. In fact, the linen trade of
the British isles has
n a close race with that of
cotton during the last 60
years,
and it was mainly
owing to the abundance and cheapness with which
the latter could be raised in the Southern Statee that
it finally succeeded in establishing its pre-eminence,
esppeolly in long cloths, in the markets of the
world. When the blockade of the St.uthern ports,
then, stopped the main supplies of the raw mate-
rial, public attention began to be directed. towards
flax, and our agriculturists were urged to grow
flax as a substitute for cotton, as it was supposed,
and truly so, that the war might last many years,
and that our manufacturers and East Indian cotton
might not be able to adjust themselves to one
another for some time to come. The war still con-

tit:toes, and in all probability will last for years.
Cotton, it is true, arrives in considerable quantities
trom the East and from other parts of the globe,
and our manufacturers aro doing their best to adapt
their machinery to the staple which they have to
manipulate ; but in the meantime it may be in-
quired what are our agriculturists doing in order to
promote the cultiva ion of flax, which, be it ob-
served, when extended, may help to obviate the
deficit in the supply of the other commodity ? We
fear not much. Teings go on pretty much in the
otd way. As long as beef, mutton, wheat, barley,
butter, and the usual products of a farm fetch a fair
price, our agriculturists pursue the even tenor of
their way, and never imagine that prices can alter.
In this delusion, however, they may. be mistaken.
Wheat is now from five to ;nix shillings a bushel;
there is a promise of an abundai:t harvest not only
in Great Britain but also throughout the world, r,nd
in all probability wheat will fetch but a moderate
price for some years to come. Wouid it not be a
judicious step, then, on the part of the British far-
mer to advance a trifle beyond the maws' stereo-
typed system of cropping, and grow, say, an acre
of flax to every fifty of his holding ? This crop is
cot an exhausting one, as many persons ignorantly
suppose. It is sown about the latter end of April
or first of May, and is ready to pull before any white
crop is fit for the sickle; and, as seeds are sown
with it, they always prove unusually heavy next
season. The seed of the flax, when saved, which.
it ought to be, is exceedingly valuable for feeding
stock, either by itself or in the shape of oil-cake;
and when our agriculturists consider the thousands
of pounds annually which they expend in purchas-
ing this latter commodity, the seed of which is for
the most part grown abroad, the question Must
naturally present itself to their minds whether they
could not themselves grow this plant on their ows;
land—which, apart from its valuable fibre as the
foundation of linen, is one of the most efficient
means, in the shape of oil-cake, for tacten-
ing sheep and bullocks. Almost any land
in England, with the exception of a still
retentive clay, will grow flax ; it occupies the
ground a shorter time than any white crop; it par;
well, and we are decidedly of opinion that more at-
tention ought to be devoted to flax than has hitherto
bsen, not only in a national point of view, but also
with respect to the individual interests of agricul-
turists themselves. The crop, in fact, has only to
be known in order to be thoroughly appreciated.
In Dorset, Somerset, Norfolk, and in certain por-
tions of Yorkshire, flax is grown in small quantities.
In Ulster it is more generally c iltivated, but the
great consumers of ,x and hemp throughout the
three kingdoms are obliged to import the chief bulk
of their supplies from the North of Europe ; and it
certainly does seem strange that Russians, Belgians,
and Poles should be able to grow, manage, save the
seed of and dress flax better than Englisnmen, and,
in addition, furnish them with that cake which costs
P so much, as well as adds to the weight of their sheep
and bullocks. W certainly think that the time has
come when our agriculturists might, with profit to
themselves and advantage to the nation, set alsc,ut
• preparing their land for sowing next spring a mode-
• rate breadth of fl••x seed, and we have little doubt
• that continued experience will induce them to per"
• severe in their efforts.

COUNTRY MARKETS.

-4,

MANCHESTER—AuG. 13.
At our marlKet this morning there was only a small at-
tendance of buy ere, and the demand was extremely limited
for every article. There was, however, no material change
in prices from this day se'nnight.