The Sun.
London, England, 1837-12-11 00:00:00

SPIRIT (./F THE PUBLIC JOURNALS.

futation. It is asserted that "An indispensahle
auxiliary to Irish, poor laws is emigration. There
is a surplus population in Ireland. The cure for
this is emigration." To these three several propo-
sitions we are compelled to give a flat and unqualified
contradiction. The population of Ireland is less in
proportion to the productive superficies of its soil than
that of England or Scotland. In the counties where
the population is most dense there is the greatest de-
mand for labour, and vice versa. As much distress
existed in Ireland when the population was not half
the present amount. Hither° the population has been
consideied the wealth of a country, and labour is un-
doubtedly wealth. Even the serf of Russia is con
sidercd a valuable stock upon the land. Is the Irish
peasant, if scope be afforded to his exertions, less
valuable ? or in his regard arc we to adopt the opinion—
" Jove fixed it certain, that the very day
Makes man a slave takes half his worth away ?"

The vote of Friday night will give great satisfaction
to the country. Sir Robert Peel boasts of his regard
for principle. The difference, however, between the
principle that prevailed with reference to the pensions,
and that of the Tories held in such sacred regard by
Sir Robert, is immense. Ministers support the right •
of the nation to have every farthing of the public
money satisfactorily accounted for. Sir Robert, on
one pretext or other, would continue a number of pay-.
rrients merely because they have been heretofore made,
without substantiating the claims of the recipients.
The people, who do not object to the just and even
liberal remuneration of services done to the State, and
who do not begrudge the tribute to men who have dis-
tinguished themselves in science and literature, feel in-
d;gnant that the richest Aristocracy of Europe, instead
of supporting their poor relations, like the middle and
lower classes, should seek to quarter them on the nation.
Hence the importance that they attach to a vote which
amounts to a declaration that henceforward no money
shall he paid to individuals who can establish no other
claim to it than that they are aristocratically connected.
Sir Robert's principle is merely part and parcel of the
Tory political code, which considers the resources of
the nation the property of the aristocratical class, and
would deprive the people of all effectual control over
these resources. Those who contend that the Reform
Bill lies not benefited the people would do well to ask
themselves the question, whether any Ministry could
at any former period have ventured to give effect to the
principle of full accountability to the nation for every
penny of the public money ? While we hold with
those who think there ought to be no limit to improve-
ment, we at the same time are of opinion that with re-
ference to future efforts it is bad policy to undervalue
that which has been achieved. The Tories are yet
powerful, but the vote of Friday night attests the pro-
gress vill'if!‘ the people have made, and holds out a
well-founded isectse of even further advancement. All
the bribery, all the coercion and intimidation of the
Tories, prove only the necessity for greater exertions
on their part, to meet the increased force obtained by
the people through the Reform Bill. Whilst, there-
fore, we willingly do justice to Ministers, and con-
gratulate the country on the triumph of constitutional
principles, we contend that the people ought not to
view this evidence of improvement as a reason for re-
maining satisfied with their present position, but as an
argument for increased exertions. They who ask if
the country is never to have a respite from agitation,
with a view to organic changes, forget that it is be-
cause the reforms effected, though they have greatly
improved the position of the people, have not been
sufficient to extinguish the hopes of the Tories, that
this party keeps the nation in incessant turmoil, and
has recourse to such wholesale corruption, intimida-
tion, and coercion. Were the victory on the part of
the people so complete that the Aristocratical party
would at once be convinced of the hopelessness of striv-
ing to govern in spite of the nation, there would he no
motive for persecution, and the course of constitutional
and legal reforms would be tranquil and smooth. All
the bickering and bad blood is the result of the vic-
tory of the Reformers not having been so complete as
to deprive the Tories of the hope of governing by bri-
bery; intimidation, and coercion. The people may rest
assured, therefore, that the idea of finality of the Re-
form Bill is calculated to keep them in constant tur-
moil. Domestic peace can never be known in this
country till further reform gives increased power to
the people. The increased activity of the Tories since
the Reform Bill, so far from being a reason with the
people to remain inactive, is a ground for further ex-
ertion, in order that they may reap due advantage from
what they have achieved. If the people would remain
inert the Tories will not allow them, as long as they
see the least hope of regaining their lost ascendancy.
Let, then, the people always bear this in mind, that the
feverish agitation in which the country is kept is the re-
sult of the imperfect nature of the victory effected by
the Reform Bill. Whoever pronounces the Reform
Bill -final only supplies the Tories with motives for in-
creased activity; and whoever would paralyze the To-
ries must first give greater extension to the power of
the people.—Morning Chronicle.
We have received and perused a pamphlet, entitled,
" An Address to the Imperial Parliament on the
Queen's Speech concerning freland ;" and as the
opinions it contains are little more than a reiteration
and .approval of the principles of government pro-
posed to be he pursued by the Government, we are
induced to notice it in this place, not so much from
any originality in its views or ability in their advocacy,
as for the purpose of refuting some egregious
falla-
cies, which, in reference to the origin, extent, and
cure of Irish grievances, have unfortunately gained
but too much credence and currency. The writer of
the brochure before us undoubtedly intends well to-
wards Ireland, and seems imbued with a pious and
philanthropic spirit ; but we must on these accounts
only the more regret that tile scope, depth, and ac-
curacy of his political speculations should so far fall
short of the benevolence of his feelings. After
quoting an extract from her Majesty's Speech in
reference to Ireland, the author observes, " Pauper-
ism is Ireland's chief grievance." This is a truism,
and the pamphlet abounds with many of a simi-
lar character ; but it is in the deductions, in tracing
effects to their causes, or in pointing out a remedy
for existing evils, that the deficiency is most sensibly,
we might say painfully experienced. As " pau-
perism is Ireland's chief grievance," the conclusion
is tin rediately jumped to " that Poor-la-Ns are the
obvious remedy." No train of argument can be
more superficial than this. The first most obvious
and most desirable remedy of any evil is the removal
of its cause ; and what, we would ask, have Poor-laws
to do with the cause of pauperism ? What influence
can they exercise on its prevention? In sickness or
disease many things are remedial which in health would
be the contrary. The obvious remedy of many ma-
ladies
is of a character which endangers the patient's
life. and little more than a choice of the chances
which may deprive him of existence. Where the
hods' is in n state of violent excitement a course of
depletion -is the obvious remedy—in a state of exhaus-
tion, stimulants ; these relieve the malady when it
exists, but they do not prevent its occurrence,
which
—the prevention rather than time cure of evil—should
be the end of all systems of government. In many
cases of broken limbs the obvious remedy !Lay be to
cut them off; but we ask, would it not he better
to avoid the fracture than have recourse to amputation
after it ? Again it is observed in the pmphlet before
us, that " political agitation is partly to blame for,"
but that " Agrarian agitation is the chief cause of,
the disturbed state of Ireland." But this is little
better than the annunciation of a fact that " agitation"
is " disturbance." In such sense the two words
stand not as cause and ( ffect, but as synonimes. And
as if to prove the superficiality of the position, it is
stated in immediate connection that the Irish " are
more patient under grinding syfering than most men;
starvation is too much for human nature to endure,
self-preservation is Nature's first law." We shall
not farther pursue these common-place aphorisms,
but proceed to the consideration of the measure—a
Poor-law—on ia hich chief reliance for the removal
of Irish grievances is placed. A workhouse system
excluding out-door relief, and emigration, are the
prominent features in the proposed plan. Pauperism
in Ireland has unfortunately attained such a grievous
extent, that to shelter it in workhouses is a moral im-
poesibilitv. By the Report of the Commissioners, it
appears that nearly two millions and a half of the po-
pulation are, at one period of the year, in a state of
destitution, and of .this appalling amount of misery
not more than a thirtieth part, or 80,000 is proposed
to be relieved in the workhouses. Need a stronger
proof be adduced of the inadequacy, if not impolicy,
of the proposition. With the truisms to which we
have referred, the pamphlet comprises many, very
litany fallacies. In the face of the horrifying state of
sloth, disorganization, profligacy, and crime to which
time old system of poor-laws had reduced the labout-
ine population of England, it is broadly asserted that
after the introduction of poor-laws the labouring
classes became " peaceable and industrious." The
cegative given to this assertion by fact and his-
tory,, needs not the support of argument. How-
ever, another passage in the pamphlet is so much
in coincidence whh the opinions of the general
advocates of poor-laws, as to need a word in re-

Otherwise, in defiance of the facts stated from authen-
tic documents, how can we assert that there is a sur-
plus of population in Ireland ? And if there be, will
emigration relieve it ? As well attempt to keep clown
a spring-tide by a steam-pump as to check or relieve a
surplus population by emigration from a country situ-
ated like Ireland. In the progress of the Government
measure, we shall of course have frequent opportuni-
ties of reverting to the discussion of this most irnpJr-
taut question.—Morning Advertiser.
The debate and division of Friday night upon the
Pension List inspire the most strongly contrasted sell-

timents of exultation and of shame. We exult in the
force of argument, the splendour of eloquence, the
elevation of honourable sentiment, which graced the
Conservative cause on that memorable debate—we are
ashamed for the narrow, the short-sighted, the unwise
views of policy—and yet more for the coarse debase-
ment of feeling, the vulgar vindictiveness—which led
to a majority against the Conservative party in the
division. For a large part of the majority there is,
however, some excuse to be made. Many Members
have so pledged themselves—unwisely and unjustly
indeed, but still beyond possibility of escape—to vote
against the Pension List, that—the question being
brought forward—they had but one course to take,
whatever impression the debate might have made
upon them. Others, from their first entrance into
public life, have been educated into gross pre-
judices upon this subject, and would be partly
ashamed and partly afraid to be guilty of an infidelity
even to those prejudices. Others, feeling themselves
unshackled by former votes upon the question, may
have been unable to resist the temptation to a little
vulgar popularity such as a vote against pensions is
likely to obtain. Others have been so brought up as
to be unable to conceive the reasonableness of any man,
woman, or child, being in the receipt of income with-
out being able to show work done for it in a counting-
house or in a manufactory. Finally, there are not a
few who, by defect of nature or some malignant influ-
ence, are too stupid or too malicious to be capable of
understanding what is honourable, or of disliking what
is unjust. We must make great allowances for such
a crowd as, in these days of shallow presumption and
wide-spread heartlessness, make their way into the
House of Commons, and constitute the mob in
affairs of legislation. Let us leave them not, with-
out scorn, indeed, but still with some pity, heartily
desiring that, partly for their own sakes, but more
for the 'sake of the country, of which they are the
bane and the disgrace, they may in -time acquire more
good sense, and much more good feeling. But there
were some who made exposure of themselves in this
matter, for whom there is no excuse. Of all the loath-
some exhibitions of moral meanness—of all the vile
and degrading examples of base tergiversation that we
have ever seen, heard of, or imagined, in the public
life of British Ministers, that of her Majesty's Mi-
nisters in the House of Commons on Friday night
was the most inexcusable and revolting. Oh, it was
monstrous But there is this satisfaction, that it was
met upon the spot by such a torrent of lofty scorn—.
by such a tempest of blasting, withering indignation,
as gives the nation proud reason to feel that tire old
spirit has not yet died away from among us. We have
reason to feel that still, even in the House of Com-
mons, there is an energetic nobleness of sentiment which
strong occasion can draw forth, and which must make
the souls of the paltry tremble, while they cling with te-
nacious hands to the base advantages that they
have grossly preferred to justice and to honour. Not
in the, time of any statesman now engaged upon the
scene of public life have there been speeches delivered
in the [louse of Commons more honourable to those
who delivered them, and more glorious for the coun-
try, than those of Sir Robert Peel and Lord Stanley
on Friday night. Passing from the extracts which
they read from Burke to their own application of the
words of that astonishingly wise and eloquent man—
that Shakspeare of the political world—we scarcely
feel the decadence in the matter or in the style. This
is a test which there is no disputing. The man who
does riot sink fathoms deep from the lofty level upon
which it was the glorious privilege of Edmund Burke
perpetually to dwell must be a man of whom modern
modern England may well be proud. But such men
as Sir Robert Peel and Lord Stanley are in the Op-
position, while the Government of the country is
in the hands of such homunculi as Lord John Rus-
sell and Mr. Spring Rice ! Strange, preposterous ano-
maly ! We doubt if the meanest quibbler that ever
pleaded in an inferior Court, selling his wretched craft
for the lowest hire, descended to any mode of advoca-
cy or defence more contemptible than that of the
leading Minister of the House of Commons upon the
question of the Pension List. " Lord Althorp," says
this unhappy person, "._Lord Althorp, the great autho-
rity on the opposite side of the House, said that if he
held a pension under certain circumstances, he would
at once give it up because he would be ashamed to keep
it. So much for the equity. There was a legal
right no longer, and the equitable right itself resolvLd
into a matter of feeling adverse to the persons on the
Pension List." Here then we have Lord John Rus-
sell endeavouring to mislead his stupid supporters by
assuming an inference from what Lord Althorp had
said, though he well knew, for over and over again',
the passage had been read in his hearing that
Lord Althorp had in the most express and unmis-
takeable terms declared in hi, opinion that the equi-
table right was not adverse to the persons on tire Pen-
sion List, but directly the contrary. The Minister,
who, because he had the last word, endeavoured to
create an impression that Lord Althorp thought that
equity was adverse to the persons on the Pension
List knew well that Lord Althorp did not think so.

lle had heard but a few hours before the extracts

read from Lord Althorp's declaration upon the sub-
ject. Lord Althorp said—" The pensions certainly
expire with the demise of the Crown ; but. though the
House has a legal right to discontinue them, I doubt
whether it has an equitable right, for they have
hitherto always been granted on the supposition
that when once obtained they were to be held not
merely for the life of the Sovereign who granted,
but also for the lives of the parties who held
them?' Another extract was read—" On the sub-
ject of the pensions I beg to say a few words. I
never can conceive it my duty, as a Minister of this
country, or of the House, as a part of the Legislature,
to take advantage of a technical point of law, in
order to do what in my conscience 1 believe to be un-
just. The pensions in question were considered, and
always have been considered, as grantedp life." In the
face of such direct declarations as these, Lord John
Russell did himself the honour to attempt to establish,
by inference, that Lord Althorp was adverse to the equi-
table claims of the persons on the Pension List
Again, Lord John Russell, in his noble devotion to
honour and veracity, sought to explain the
difference
between his treatment of the Pension List in 1834
and his treatment of it in 1837, by telling the House
over and over again that in 1837 it had become, by the
demise of the Crown, an open question, which it was
not in 1834, as the pensions were then settled for the
life of the Sovereign. By such a subterfuge as this
Lord John Russell sought to excuse himself, though
he well knew that in 1831, when the question was
just as open as it is now, he was a member of the Go-
vernment with Lord Althorp—with him he resisted the
• attack then made upon the Pension List, and with him
maintained the right of the pensioners—their equitable
right, for their lives, to the incomes settled upon them I
The speech of the Noble Lord was full of such quibbles
as these, but to proceed with their exposure would be

THE SUN, LONDON, MONDAY, DECEMBER 11, 1537

too ted:ous, as well as too disgusting, a task. It is
tine that the question of inquiry into pensicns is not
to be decided merely with reference to the consistency
ceitairi of the meanest of mankind who happen to
he Ministem The question ought to he decided upon
grounds of natit,nal utility. But there can be no no.- •
tional utility, which involves injustice by the GOVC:II..
ment to individuals. If the Government be really
pledged to any one for a life annuity, that annuity
should be continued, whether it was fairly granted in
the first instance or not, because the highest concern-
ment which the transaction involves is the honour and
integrity of the Government. A Government has no
tight to be unjust now because some years ago it hap-
pened to be careless. The honourable and pru-
dent course would be, to establish such rules as would
prevent any abuse in the future bestowal of pensions,
hut to koep faith with those who have an equitable
Cahn on Government during the continuance of lives.
—Morning Post.

LA W INTELLIGENCE.

VICE. CHA .1V CELL ( )R' S COURT Dxc. 9.

At the rising of the Court an application was made to
his Honour by the Solicitor-General, to ascertain whether
a rumor, as to h's sitting during the Christmas week was
correct. The Vice-Chancellor said he bad offered to hear
any motions that might be of consequence during the holi-
days ; but that he had since given up the idea finding the
general feeling so strongly averse to it. His Honour
further st.;ted, that the 21st of this month was the day ap-
pointed for the trial on which he had been subprened as a
witness. The trial of " Costa v. Albertazzi," which ex-
cites some public interest, it being a dispute respecting the
share of the salary to be received by the gentleman to whom
Mad me Albertazzi was originally articled, previous to
her leaving England, was fixed for Monday next (this day.)

ROLLS' COURT, DAC. 9.
GODSAL V. WEBB.

This wils a suit instituted against the trustees of the mar-
riage settlement of the late James Martyn, Esq., by the
next of kin of his widow, also deceased. Mr. Martyr), on
his marriage with l.is wife, Mary Proctor, made a deed of
sctth•mcut, giving to trustees the whole of her property
fOr her sole use, but reserving an annual payment of 1401.
for the purpose of effecting an assurance on the life of his
wife. The trust-deed declared that, in the event of Mrs.
Martyn dying without issue she should have the power of
appointment by will, and if she died intestate the estate
and funds should go to the next of kin. Mr. Martyn died in
1816, but his widow, who survived him for more than
tiventy years, refusing to keep up the assurance on her
own life, sold the policy to the Equitable Assurance Com-
pany, in whose office it had been effected. The plaintiff
sought to compel the trustees of the settlement to pay the
arrear; of the 1401. a•year durinz, the last twenty years it
had been discontinued, alleging that they were bound to
do so by the marriage settlement. On the other side it
was contended that the settlement only bound the trustees
to pay the amound of the policy during the life of the hus-
band. _ _

Lord Langdale will delivcr judgment on Monday.

COURT OF QUEEN'S BENCH, DEC. 9.
CALLOWAY V. HALL.

This was an action of libel. The defendant pleaded the
general issue. The ATTORNEY.GENERAL stated the
plaintiff and defendant were brothers, sons of the same
mother by different husbands. The plaintiff was originally
brought up as a commercial man, and had held a confi-
dential situation in the service of an eminent merchant.
Some few years ago he married a lady of some fortune, and
he then retired to live at Pershore. He afterwards re-
sided at Hammersmith, and thence went to live at Bou-
logne, which was recommended to him by its cheapness of
living. For some unexplained reason the good feeling which
had subsisted between the brothers was disturbed, and
after the plaintiff had gone to Boulogn I the de-
fEndnt thought fit to make a charge of felony
against him, and to go to a police station-house in
Featherstone-street, and give a description of his person to
be inserted in the Hue and Cry and in the Police Report,
as if he was a fugitive felon. The description of his per-
son was, as might naturally be expected, so exact, that no
one who saw it could doubt that it applied to the plaintiff.
This was in August. The defendant afterwards wrote to
the police, complaining that proper efforts had not been
made to apprehend the person whom he had described, and
whom he charged with felony. It was for the publication
of these libels, first in the description and the charge, and
afterwards in the letter, that the present action was
brought. No justification was attempted to be set up,
and none could be offered, for this misconduct of the de-
fendant.

police officers were called to prove the authorship of
the libels, which they did very clearly.
Another witness was called to prove the application of
the libels.

to call open him in about an hoar, when he said he would
have a,certained their value, and left the shop with the
plates under Lis arm. The p"isoner also immediately went
away, having first borrowed a shilling of Dugdale. Morris
directly proceeded to the house of Messrs. Hodgson
and Co., and communicated to Mr. Graves whet had
taken place. On the shop bring then searched, it was
found that the plates, which had been seen safeon the floor on
the sth in.t., were missing, and those produced were recog-
nized as the same which had been stolen. Mr. Graves, in
consequ 'nee, proceeded back to the shop of Morris, and
soon alter the prisoner presented himself. Winkle, a con-
stable, was called in, and the prisoner was given into his
custody ; and on the way to the station-house the officer
asked him where he obtained the plates. The prisoner
directly said, that if the constable would go with him to the
New-cut, Lambeth, he would show him the places at which
he had procured them ; but this was necessarily declined,
and the prisoner was brought to this office.
Mr. MINSHULL inquired of Mr. Graves whether he was
at all aware of any mode in which the plates might have
been stolen ? Mr. Graves said that the only suspicion
which he had was, that some person had entered the shop
unseen by the shopman, and had carried them off.
Mr. MINSHULL inquired what was the value of the
plates? Mr. Graves said that their total value was about
one hundred guineas.
The pi oner declined saying anything in his defence, and
was remanded.

Mr 1-11.131PHREY, for the defendant, contended that the
case presented to them by the plaintiff was most un,atis-
fictory. It was not shown who, what, or where the pain-
tff was. Everything about him and his present state and
condition was studiously kept back.
After some discussion, the jury returned a verdict for the
plaintiff—Damages 40s.