The Sun.
London, England, 1863-10-20 00:00:00

TRE SUN. LONDON, TUESDAY EVENING, OCrOBER 20, 1863.

MISCELLANEOUS— [Continued].
Hudson's Bay, 81`1
International Financial Society, lim., 10i 10 it
Joint •stock Discount, 6f
London Financial Association, Um., 15i
London General Omnibus Company (lim.), 2i
National Discount Company, Um.,
Peninsula and Oriental Steam, S 5
Rhymney Iron, 25i
Rio de Janeiro City Improvements, 27
Ditto (£4), 5
Royal Mail Steam, 791
South Afrioan Mortgage and Invest., lim., 7i
Van Diemen's Land, 121

Why Mr. Sergeant Shee was Passed Over.

(From the Daily Telegraph of this day.)

We must confess that we share the dissatisfac-
tion which has attended the last promotion to the
bench. The general opinion that the right man has
been passed over for the wrong appears to us just.
We mean no disrespect whatever by this distiric
tion ; tae advancement of Judge Pigott to the judi-
cial seat would have been a perfectly acceptable ap-
pointment, if there had ben any need to search
after a respectable candidate for the vacancy. But
when there was no such necessity—when every
voice was ready to designate the name that best
deserved the elevation, and the Prime Minister
himself was thoroughly aware of the overwhelm-
ing claims of Mr. Sergeant Shee—it is a matter
of public regret and disappointment that that
gentleman should have been passed over.
There is no need to dwell upon the command-
ing qualifications of the distinguished advocate
we have named for the ermine. No one
stands higher in the profession—none unites more
experience with more legal acumen—and none has
been so unanimously regarded as judge elect by hie
learned brothers and the community at large. Mr.
Sergeant Shee, indeed, has constantly discharged

the duties of the bench, and not without confirming
the universal opinion that at the first opportunity he
deserved, and might safely look forward to being
permanently sealed there. When that opportunity
has occurred,therefore,and another selection has bE en

made, the public is thoroughly disappointed, and not
a little perplexed. We are constrained to share the
disappointment, though we have little difficulty in
comprehending the feelings which induced the Go-
vernment to inflict it. Wo are quite ready to make
every allowance tor the practical exigencies of admi-
nistration. Ministers cannot count upon Platonic
love in Parliament ; their supporters must be en-
couraged from time to time by some of the rewards
of party ; and this distribution must take place by
rules of utility rather than merit. It is a bad sys-
tem, but it is the system of both sides, and one
which can hardly be dropped till all lawyers are
disinterested, and all votes strictly conscientious.
Pending that millenium, a Premier with something
to give away has to discover a recipient useful for
the future, if only by holding out to others an exam-
ple of fidelity rewarded. " A live dog," says the
proverb, " is better than a dead lion ;" and so a sol-
dier in the political field is better than a discharged
veteran. In Judge Pigott the Cabinet saw the first,
in Sergt. Shee the second; and the choice fell accord-
ingly. We have said that we are willing to admit
all the force of this consideration. It may count
for what it can with practical men, as an explana-
tion; for our own part we must not only reject it
as a sufficient justification, but put it aside as the
true cause of the injustice done to Mr. Sergeant
Shee.

The true cause—and that on account of which
we find grave fault with the appointment—was
that Sergeant Shes is a Roman Catholic.
The learned gentleman has been so true a Liberal,
that his absence from Parliament would have been
overbalanced by his great claims upon the party.
But because be professes the Romish faith, the
ermine which he has most richly deserved
by his talents, and especially from a Liberal Go-
vernment, is refused. We must speak frankly
on this topic—we must not hesitate to disclose
the unfortunate arguments that have obviously pre-
vailed. The Government has lacked courage in this
matter, and not discrimination; there was little need
of any assurance that Sergeant Shee was the best
judge who could be nominated; the thing needed
was the independence to shake off the ear-wigging
remonstrances of Exeter Hall. Yet here again we
are ready to make every possible allowance. The
Protestant party has dono good service to the Pal-
merston Ministry, and could not be offended with
impunity ; the alliance, however, is little better
than a tyranny, if its members are to dictate ap-
pointments to the judicial bench as well as to the
bench of bishops, in a manner that makes
a farce of the Emancipation Act. When it is
a question of ,a vacant mitre, the public—partly
from a languid and hopeless belief that " CasJar and
Pompey are very much alike"—receives the conge
del ire of Exeter-hall with meekness. Bat it knows
a great deal more of law than of theology, and is
convinced that Sergeant Shee would do honour to
the bench. Why, then, is he not elected ? The
reply is, " He is a Roman Catholic." We answer to
this that we can understand it should be no recom-
mendation ; but we cannot understand why it
should be a disqualification. Nobody would like
to see the Cabinet searching for a Papist when an
appointment is in the wind ; but everybody is
indignant that the best man should be passed
over on that score. Have we, or have we
not, finally dune away with the old intolerance
which taboos a man for his religion ? Is it, or is it
not, a solemn principle of the constitution that his
conscience is each man's own property, not to be
interfered with directly or indirectly? Yet here,
after Emancipation Acts and Acts " for abolishing
certain disqualifications"—after an epoch of legisla-
tion in the right and reasonable direction—after
admitting Jews to Parliament, and removing in
every theoretical way the rusty fetters of religious
persecution—here we are branding a distinguished
man with neglect because of his faith. It is a piece
of retrogression in practice so startling, that we are
compelled to protest against it. In these days the
country expects that Ministers should take coun-
sel of the spirit of English liberty, and not of
the leaders of the Protestant party. We main-
tain, in the interest of true Liberal principles, that
when talent, eloquence, and life-long probity have
so signalised a man that his promotion has become
rather a consequence than a favour, he should not
be thrown ever because he worships in another
liturgy than that of Exeter Hall.

And further, we tell the advisers to whom the
Cabinet on this occasion has unhappily deferred,
that they spoil their own game. If they desire to
see Ireland Protestant let them not force her to pro-
test against the bigotry of reformers and the illibe-
rality of Liberals. The contrary policy is not only
the honest policy but the best. Let them give
scope to the spirit of modern legislation; carry
out fearlessly the principles of freedom and free
religion ; declaiming against the intolerance of
Popery, let them not stultify themselves by
being as intolerant. Here is a grievance stupidly
given to Ireland, which she has the right, and will
not want the inclination to use. The true policy of
those who wish to see Ireland regenerated and con-
tent is to do her justice. It is not justice if, when
we have passed bills to do away with "religious
disabilities," we revive them against her worthiest
children by slights of this kind. If the Evangelical
party really wants to have its will of Erin, we will
tell its chiefs how to go about it. Identify, amal-
gamate, blend the rights and interests of both com-
munities ; ignore the differences, and magnify and
foster the common interests, of both portions of
the united kingdoms; kill enmity with good-
will, and eradicate intolerance with toleration.
There would be no doubt then as to which element
in that true "union'' would conquer the other—no
doubt as to the preponderance or the majority thus
brought to bear CAI the sister island—no doubt as to
the ultimate fate of the priest party. The ultra-
Catholi,3s know that truth well ; it was their con-
sciousness of-it that made them hostile to Whately,
whose thorough sincerity of Liberalism won hearty
co-operation from Archbishop Murray, and alarmed
Cullen and the separatists. At present we play
into the hands of the enemy, if we fortify the dying
cry of " Repeal" with and injustice ]ikd this. It is
a mistake, a blunder, whether we look at it from the
point of Prottstanism, statesmanship, or policy,

JUSTICE KEOGH is reported to be engaged upon
"History of Ireland from the Union"--a perilous uuder-
taking.

-.-- ,-1

POLICE INTELLIGENCE—This Day.

few days since several cases of cigars, valued at £l5O, were
stolen in the St. Katherine's Dock, brought out in another
barge, and removed from the cases, which were discovered
empty by the Thames police. The ingots of tin were stolen
from the barge Vesuvius in the East India Dock. Five men
are known to have been connected in the robbery. and but
for an accident would have all been in custody of the
Thames police. The prisoners are watermen and lighter-
men, and well known to the Thames police. Holmes was
in custody a few weeks since for furious driving and kil:ing
a woman opposite Stepney Church. A coroner's jury took
a merciful view of the case and returned a verdict of acci-
dental death. Holmes was then discharged from custody.
Evidence was given of the delivery of 160 ingots of tin
from a vessel called the Anna Augusta into the barge Yes
suvius, belonging to Messrs. 'Ward and Harris, lighter-
men and carriers, of No. 67, Lower Thames-street. The
Vesuvius was moored alongside the ship Kent. The ingots
foofitloinwwineg )Monday
were correct on Saturday, the 10th instant. On the
morning the hatches were taken off and
26 ingots of tin were missed.
Robert John Major, an inspector of the Thames police,
said that in consequence of the robbery of the tin on board
the Vesuvius he was on the watch on the East India Dock
pier-head during the whole of Monday, the 12th instant.
Inspector Clark was with him. He saw the prisoners
several times in the course of the day, and he observed
them go on board a barge called the William, and bring it
out. They first brought it to the upper end of the Bruns-
wick pier at Blackwall. After sunset he went on board the
barge William, in company with Clark, and found several
ingots of tin concealed under some iron hurdles. They
continued watching the barge, and saw the prisoners go
on board agair. On the same night a horse and cart was
brought to the entrance of the East India Dock. He got
into a boat with Clark, and expected to apprehend the
whole gang concerned in the robbery, but they got scent of
what was going on and made their escape. While rowing
towards the William they heard the:wooden handles fall,
and preparations being made for the removal of the stolen
property. All at once the prisoners and their confederates
hastily decamped. The whole of the 26 intots of tin were
found on board the 'William.

One of the ingots was produced and identified.
Dyer, another Thames poiice officer, gave evidence
affecting the prisoners.

Mr. Gomm, who appeared for the prisoners, cross-
examined the witnesses, but did not elicit any material
point in favour of the prisoners.

- Mr. Partridge said he should remand the prisoners at
present. His intention was to commit them for trial on a
future day.

RAILWAY INTELLIGENCE,

GREAT INDIAN PENINSULA.

The report of the directors of this company states that
the average number of miles of railway open for traffic dur-
ing the half-year was 504, being an increase of 661 miles
upon the number open in the corresponding period of the
previous year. The gross amount received for traffic in the
half-year ended Juno 30 last was £290,444, equal to £576 5s
61d per railway mile and to lls 84d per train mile. Of that
amount £56,101 was expended in transporting the traffic
between the gaps in the railway system at the Bhore and the
Thull Ghats, which left £234,343 received for traffic.
Against this latter sum were set the working expenses cf
the railway,
the amounting to £149,550, leaving a net profit for
half-year of £84784. The train miles run were 667,142,
being en increase of 86,055 miles; the number of passen-
gers carried was 1,558,970, being 266,603 more than for the
corresponding half of 1862. The merchandise carried, in-
eluding 39,339 tons of the company's materials, amounted
to 211,523 tons, being 25,000 tons more than for the same
half of 1862. The receipts for passengers amounted to
£79,161, being an increase of £15,600 ; and for merchan-
dise to £155,182, being an increase of £51,598 over
those for the corresponding half of last year. The average
receipts per train mile amounted to 7s Old, and the expenses
to 4s old, showing a net profit per train mile of 2s 6fd. The
,orking expenses amounted to 63.81 per cent. of the total
receipts, against 62.10 per cent. for the corresponding half
of 1862. The receipts per railway mils were higher in the
past half-year by £B3, notwithstanding the increased mile-
age worked. The directors were of opinion that a still bet-
ter result would have been apparent had such rate been in
a
as the board considered the company were fairly en-
ftitrlaeed, to charge, and which they had for a long time past
been endeavouring to get the consent of the Government
to introduce. The directors' views on the subject were in
the month of June last again prominently brought before
the Government authorities at home and in India, and they
svcoaonC
viaduct;
ainrdrcoeettrdh;a
had now reason to hope that it would be shortly dealt with
Itlmeanner as to realise the company's just expecte-
working expenses amounted to 63.81 per cent.
oilnifatushusechreceipts, being an increase of 1.71 per cent, upon the
expenses of the corresponding period of last year. This
rate of per tentage included for compensation £24,619 or
10 51 per cent. of the tpheeriroedcehiapvtsin;gthbeeeanmonoulynti7o9f6thoartoi.tzpienr
alundtg " compensation" the ratio of expenditure
in the past half-year was' 53.31 per cent. The
dettlioeir4eertec:taorerrpsrPacegretted that the company should have sustained
the serious loss of £24,619, which arose chiefly in connec-
tionwith the cotton traffic, several accidental fires having
quantity
tfy
oft cottoncot t
oa duringwhi
ht the a :lir
ay
courseseason,
of
n d
iibnnl considerable
tran-
sit at the commencement of the S.W. monsoon had been
unavoidably damaged by rain while in the company's pos-
session. Measures have been taken to avoid similar acci-
dents in future. By the end of this year the only works
of
importance upon the Thull Ghat incline which would
and Mr. Graham, the chief resident engineer,
not be finished would be No. 2 tunnel and the Eheagaum
in those Works to prevent them being next,
com-
pleted by Upon several other con-
tracts the works were being energetically prosecuted. In
consequence of the Secretary of State for India having de-
termined not to extend the existing system of guarantee, and
the directors feeling that the company's interests required
that measures should forthwith be taken to secure the con-
struction
had
the branch to connect their line with Indore,
the sanction of the Govern-
ment, they formed a separate company in June last called
‘' The Great Indian Peninsula Extension Railway Company
(limited)," with the object of making and working the atrn:
whichc h been surveyed by
In-
dore line. The pr,iject was favourably entertained both by
the Government and the public, but it having been found
necessary to refer the negotiations to India, the directors re-
quested their colleague, Mr,Ayrton, M.P , to proceed to India,
and conclude arrangements with the Government there.
The report of Mr. Graham, the chief resident engineer,
stated that since his last report the section of the Bhore
Ghat incline from radusdburry to Khandalla, a distance of
13f miles, and a section on the north-eastern division from
b 5
Julgaum to Mulkapore, a distance of 451 miles, making a 5
miles. The permanent way and works had been
miles of new line, had been opened for public
the total length of the opened line from
fiinnic9drieiansilig good order, with the exception only of some
4mttro9aatsffiail t total of
the Goolbun embankment. This embank-
ment,slhies in
hwas over lOOft in height, was completed after
the close of last rains, consequently a considerable portion of
heavy
which
the upper earthwork had not had the full benefit of last
monsoon; some difficulty, therefore, in the maintenance of
this portion of the line during the present rains was to be
expected. The road across the embankment had, notwith•
standing, been maintained throughout with very little in-
terruption to the traffic. The Bhore Ghat incline was
opened by his Excellency the Governor on the 21st of
April, on the 14th of the following month goods
trainspilrand
commenced working over it, and continued work-
ing regularly up to the 16th of June, when after a heavy
and continuous rain the large embankment near the foot of
the Ghat were reported unsafe for the passage of trains.
Since that date no trains had been run, and embankments 6
and 8 had settled to the extent of about Bft. since the be-
ginning of the rains. A slip of 1,500 about cubic yards, and
about 100 ft. in length, had occurred in No. 5 embankment.
The only slip of any importance in the slopes of cuttings
had occurred at the lower end of cutting No. 4, where about
1,300 cubic yards of the slope came in, filling the railway
for a length of 100 ft, and nearly 12ft. in depth. Some small
slips had occurred on other parts of the line.
The surveys for a line from Sholapore to Hydrabad and
to Raichore, as originally proposed, were completed, and in
the course of a few days Mr. Graham could submit his re-
port on those extensions.
The capital account (London and Bombay) to the 3th June
last showed that £10,675,054 had been received, and
£10,017,110 expended, leaving a balanee of £65719" The
net revenue account to the 30th of June last showed that
£556,249 was the aggregate amount of net profit from work-
ing the line, of which £508,132 had been paid into the o
vernmont treasury, leaving £48,117 to be paid.

GREAT WESTERN OF CANADA.
It appears that the directors of this company have been
informed by their financial agent in Canada that the loss on
through traffic collected and converted, ascertained up to
the 3d October, amounted to 30,966 dols 71c 06,369 3s 9d),
and that there remained a farther sum of American funds
for conversion at that date of 30,080 dols 76a. In addition
to which there were balances in account with connecting
railways still unadjusted.

MANCHESTER, SHEFFIELD, AND LINCOLN-
SHIRE.
The total expenses of this coropany's railways, including
rents, toll duty, &c., from July 1 to Oct. 11, 1863, automated
1862, and the expenses to £1,562 as against 4090.
to £89,373, as against £89,633 for the corresponding period
of 1862. The proportion of the South Junction receipts ac-
cruing to this coin7any from July 1 to Oct. 11 amounted to
£10,295 as against £9,613 for the corresponding period of

Liverpool Cotton Market—This Day.

(REUTER'S TELEGRAM)
The market opened steady with a good demand.
Sales, probably 10,000 or 12,000 bales.

THE CHARTIST ORATOR AND THE IRISHMAN.—
"Tell me, Pat," says the Chartist, "is not one man as
good as another ?" " Faith " says Pat, "he is, and a deal
better too!"