The Sun.
London, England, 1839-08-02 00:00:00

We inserted yesterday the Reportv of the Fresh
Fruit Committee, and we advert to it to-day to no-
tice what we consider a remarkable circumstance,
showing how much legislation depends on chance.
Mr. HODGES, the Member for West Kent, drew
up and moved the adoption of an elaborate Report,
recommending amongst other things, the restoration
of the former duties, or at least a protecting duty
equivalent to the peculiar burden from which the
British fruit 'planter cannot escape. This Report
was rejected by the casting vote of the Chairman.
But the Chairman might have been Mr. HODGES,
who was proposed by Sir EDWARD KNATCHBULL,
and if he had been Chairman, as perhaps he ought
to have been, of a Committee promoted by him,
and for the service of his constituents, the Report
would have been carried the other way, and
Parliament would no doubt have adopted the
recommendation of the representative of the fruit
growers. Thus it was far less' utility and sound
reasoning than a mere chance that determined
against imposing a heavy additional tax on plums,
cherries, and apples to increase the rent of the
landowners.

We apprehend that a similar chance is the foun-
dation of many laws ; at least we every day see
that the most capricious circumstances, the inci-
dental illness, or the momentary perversity and ill-
temper of one or two Members, decides the fate of
a measure in either House of Parliament. Nay,
the whole course nearly of our legislation has been
momentarily influenced by a very trifling misunder-
standing on a most trifling subject between her
MAJESTY and Sir R. PEEL. Witnessing and
knowing such facts, it is quite impossible for
us to reverence the laws now made, however
willingly or unwillingly we may obey them. In
fact, the measures daily passed by the Legislature
are the objects of the most unsparing criticism, ridi-
cule, and contempt. But that which now happens
concerning the laws daily passed, happened with
many of the laws of former times. They, too,
were the result of capricious or chance-begotten
circumstances, though they might not have been so
much noted as such circumstances now are. The
great bulk of our Constitution has perhaps no
better or more valid origin than the ridiculous or
contemptible laws we every day witness passing
through the Houses of Parliament ; and yet it is a
common maxim, that there is no higher duty, no
greater virtue, than to obey such laws. This
matter should be placed on its right footing. It is
clear that as long as the bulk of society is arrayed
on the side of law, be the law evil or good, it must
be the interest of individuals to obey. They cannot
escape from the operation of the law ; they obey
it as a matter of necessity ; and in this sense, rather
than in any other, it is properly said to be the
duty of men to obey the law. When, like Mr.
O'CONNELL, backed by seven millions of Irish-
men, he could set it at defiance, obedience ceased to
be a virtue, and rode over the law.

The cruel treatment to which the Chartist dele-
gates, Messrs. LOVETT and COLLINS, have been
subjected in Warwick Castle, cannot fail to be the
means of producing a material change in prison
discipline. The facts which the investigation of
their complaints has brought to light prove most
satisfactorily that the boasted maxim of English
law, " that every man is presumed to be innocent
until he is found guilty by a jury of his peers" is a
positive falsehood. There is no such thing in prac-
tice, and however unpleasing the truth may sound,
we do not believe there ever was. It is a mere fig-
ment of some waggish lawyer's brain,—a satirical
hit at the gross departure from justice which takes
place in England every day in the year, and almost
every hour in the day. In what prison in the
kingdom is there a separate provision made for the
confinement of persons committed before trial ? ln
not one is there any such provision. Those who
have the privilege of regulating the gaols, the
county Justices, seem never to have dreamt that
any distinction ought to be made between the man
accused and the man convicted of a crime. The
utmost extent to which our boasted prison improve-
eeent has been yet carried—and that in buta few in-
stances—is to arrange criminals into certain
classes; it being, seemingly, taken for granted
that it is the same thing to be accused and to be
convicted.
Now what is the object of lodging a man in
gaol who is accused of an offence against the laws ?
Simply that he may be kept in safe custody until
his trial comes on. Any restraint beyond this is
manifestly and often cruelly unjust, for no one till
then can possibly know whether the accused is
guilty or not. It is exactly the kind of justice
which RHADAMANTHUS is described by the poet
as administering in the Infernal regions, who first
punishes and then inquires into the case. That
which justice and humanity equally demand•is that
an accused person should, with the exception of the
restraint necessary for his safe keeping, suffer no
greater privations than those to which, in his parti-
cular station of life, he is at other times exposetE
Now, if this be but barely just towards persons
who are accused of violating the known laws of the
land, how much more ought such a course to be
observed towards men in the situation of LOVETT
and COLLINS, who have, in fact, violated no law ?
The charge on which they were committed to prison
is libel, the most indefinite of all charges, in as
much as no mortal man can tell what a libel is, un-
til the verdict of a jury has determined it in each
individual case. It is, therefore, utterly impossible
for any degree of caution to secure the person who
meddles with a pen against the possibility of being
found guilty of this offence—not against the law,
but against the opinions or prejudices of the
dozen men who may chance to find themselves
in the jury-box to try him. There is, moreover,
this peculiar hardship in the case, that the inditer
of falsehood is much more favoured by the admi-
nistrators of justice than he who never steps be-
yond the strictest limits of truth ; for, if a man
accused of libel thinks to escape by pleading the
truth of the statement—as some men in the inno-
cence and ignorance of their hearts might be apt to
imagine—he is immediately warned by the Judge
not to adopt so dangerous a line of defence, for it
is a maxim on the Bench, that " the greater the
truth, the greater the libel."
Now, since it is so difficult to know beforehand
what may or may not be a libel, one cannot but see
that there is a wide distinction between the crimina-
lity, if we must use that word, of the person who falls
into this legal trap, and that of him who commits what
all men know to be a violation of the law of the
land. What then shall be thought of that system
of prison discipline, or rather of national justice,
which condemns men merely accused of doing that
which may turn out to be nothing wrong, which is
assuredly no contravention of any law, to the indig-
nities and privations inflicted on convicted felons ?

- -
DISTURBANCES IN NEWCASTLE

(From the Tyne Pilot.)
RIOT ACT READ—THE MILITARY CALLED OUT.
NEWCASTLE-UPON-TYNE, TUESDAY, DA LI, PA ST 9 P. M. Notwithstanding the notices which have been issued by the Ma-
gistrates of their determination to put a stop to, and disperse
any or all illegal meetings attempted to be held in the borough,
a number of 01-hardy individuals, principally from the neigh-
bouring villages, in defiance of the municipal authorities,
marched into the town with sticks, preceded by a bank of
music. They proceeded to the foot of Dean-street, and
in a short time returned, in order to proceed to the Forth,
for the purpose of holding a meeting pursuant to their
often-evpressed intention, in spite of all authority. Shortly
afterwards the Mayor (J. Fife, Esq. ), acccmpanied by Dr.
Headlam, one of the Magistrates, and Mr. J. Brown, clerk
to the Magistrates, appeared on horseback in Mosley-street, and
were speedily surrounded by a not very great number of indivi-
duals, to whom he spoke respecting the impropriety of their
disturbing the peace of the town, and exciting alarm in the
minds of the peaceable inhabitants urging upon them the
necessity of retiring to their homes. They went on through
Collingwood• street and Westgate-street to the end of the Spit-
tal, and waited for a short time. Between eight and nine o'clock
a band of special constables, headed by Ald. Ridley, Ald.
Dunn, Robert Plummer, Esq., and W. Loraine, Esq. Magi-
strates, marched from the Manor-station, and were met by
the police, who came down Westgate-street. The Mayor and
Alderman Headlam then rode on the Forth, in order to in-
duce the people assembled there to return home peaceably
and orderly ; they left the Forth, but followed the Mayor
back to 'Westgate-street, purposing to parade the street, as
they frequently done before, but their further progress was
arrested by about 70 of the police, who, armed with cutlasses,
and formed in a square, offered an obstacle to their again en-
tering the town. The Riot Act having been read, and the
peopl not feeling inclined to disperse, the police were directed
by the Mayor, who headed them, to move forward. The ban-
ners were immediately seized, the Mayor having hold of one,
and 'they 'were all soon in the hands of the police. A speedy
retreat was made by the mob along the Seotswood-road, nearly
to the Forth, where several heaps of stones are laid.

The police, in returning to Westgate-street, were in turn
assailed by volleys of stones and bricks. Two or three in-
dividuals were here taken prisoners in the act of throwing
those missiles. In the mean time, a troop of cavalry and some

infantry made their appearance in Westgate-street, who, on the
return of the police, offered an effectual barrier to the mob, who
were never very numerous. They not showing any disposition to
more off, the cavalry marched along the road, clearing it as they
went. The infantry followed a short distance, whilst the
street was occupied by the police and special' constables,
Four prisoners being in custody of the police, were then taken
to the station. Their names are Edward Coulson, John Mills,
Andrew Guthrie, and John Stirling, the latter of whom, we
believe, it is who, we are exceedingly sorry to say, was found to
have received a wound as if from the point of a cutlass in the ab-
domen. The poor fellow was evidently suffering much pain.--
Mr. Mark, surgeon, who resides near the station, was promptly
in attendance, and immediately rendered his professional as-
sistance, and we hope he will speedily recover. At ten o'clock
the military began to clear the streets, and clean heels were
exhibited in every street as soon as it was known they were
coming. A number of people were walking about, but we
think more from motives of curiosity than anythin-- else.
ELEVEN o'CLocx.--The military are posted at° the corners
of the principal streets, and a number of prisoners have been
taken to the police station ; but we think they are not charged
with anything serious, or with being in any way identified with
the previous opposition to the law.
[Rumour is rife, and amongst other idle reports we find that
it has been stated that an armed force of the malcontents was
expected to march from Winterton.

THE MARKETS.-(THIS DAY.)

CORN EXCHANGE.
The arrivals this week of English Wheat and Flour hare
been better than for some time past, of other Grain the quantities
are small, but Foreign Flour comes in plentifully. The Wheat
trade is extremely dull, but the factors not disposed to take
less than last day's advance. In other grain no variation. Ship
Flour has obtained higher prices this week, but the trade is very
heavy.

E
yhglish ........
rish ... .........

Wheat.
4,540 ps.

ARRIVALS.
I Raley.
(3r, vs.

k °reign,

The French Journals appear to take an extraordinary
interest in the negotiation the Banks of Eng-
land and France, respecting the loan of two millions
sterling in gold required by the English Bank for the
maintenance of commercial credit in this country. By
the Journal des Debats and the Courrier Francais the
advancement of the loan is warmly recommended as a
measure combining liberality and sound policy ; by

on the impropriety of legislating on such an important the Constitutionnel the loan is partially approved
question at the close of the Session. of, the only fear expressed being of a misunder-
The CHANCELLOR of the EXCHEQUER and Mr. standing, or rather a war between the two coun-
Cr. AY supported it on general principles, the CHAN- tries, before its repayment, in which case the
CELLOR most erroneously. He insisted on the State journalist argues that France would have supplied
maintaining a standard of value as it maintains a her enemy with the most offensive weapons ; while by
standard of weights and measures. The one being the the Commerce the loan is condemned as illegal, and
proportional parts of known quantities, which the dangerous to the welfare of France. It is clear, from
State does not establish, but ascertains and certifies, the whole tenor of the article in the Commerce that the
the other being an ever-varying and unknown relation, writer knows nothing at all about the matter. The
which in point of fact the State neither does nor can gold which the Bank of England proposes to borrow has
ascertain nor establish ; for it admits of theissue it cannot been deposited for years in the vaults of the Bank of
prevent, the issue of paper money, and it freely admits France, as useless to the nation as iC it were at the
the import and export of metallic money. But Mr. RICE bottom of the Atlantic ; and it has not escaped the at-
is domatically ignorant of the subject, and therefore tention of the ablest French political economists that
talked nonsense. What are the boundaries of the duties it can never be better employed than in drawing closer
of Government is yet wholly unknown, though Mr. the commercial interests of the two countries, and more
Rica settled them as flippantly as he would settle a especially in preventing a crash here, which would in-
-11 question concerning the colour of his next new coat. volve France in a common ruin. As no French
The House admitted his logic, and 61 Members—yes, Journalist either doubts the solvency or the good faith
61 out of 658 Members !—voted for bringing up the Re- of. the Bank of England, we pass over these con-
port, and 20 against it, Mr. O'CONNELL, like a siderations.
trump, again divided the House, on the motion for In the Univers Religieux of Wednesday, received
bringing in a Bill to carry out the resolution, when, with the other Paris Journals of that date, we find it
by the votes of 68 Members against 16, the monopoly stated that the French Government had received Intel-
of the Bank of Ireland was continued. A tenth part of ligence that MEHEMET Au accepted the invitation of
the House suffices to inflict that mischief on the the Porte, and had arrived at Constantinople with the
country. The whole House would not have the power Capitan Pacha's fleet. This news is important if true,
to undo a grain of the evil it does. but it seems to us highly improbable. Equally pro-
Subsequently the AdmiraltyCourts' Bill went through blematical is the statement which appears in the Car•ls-
a Committee, after a considerable discussion, principally rune Gazette, that Admiral STorE ORD had encountered
on the increased salary, and on the propriety of allowing the Turkish fleet, and compelled the Capitan Paella
the Judge of the Court to sit in the House. On the to return with it to'iConstantinople under a stronc, Bri-
first question, the Committee decided, by 80 to 35, that tish escort, guaranteeing, however, the safety of the
the Judge's salary should be 4,0001., not 3,0001. a-year. Turkish Admiral's person.
On the latter it decided by 61 to 51, that the Judge The Commerce states that a band of Carlists violated
should sit in the House. There were several other the French Territory near Jaca, for the purpose of
divisions on the Bill. The House sat till Half-past pillaging the Spanish village of Cianfranc. They were
Two o'Clock. successful, leaving the miserable inhabitants without
horses or food.
There is no domestic news of the slightest interest in
the Paris Journals.
BOURSE.--PARIS, WEDNESDAY, JULY 31.
HALF-PAST THREE. —The approach of tile settling (to.
morrow) in French Stocks has given briskne.,s to the
Market. The Three per Cents. for the Account opened
at 80f. 50., rose to 801. toe., and closed at 801., being
sc. higher than yesterday. The Five per Cents. from
112 f. 5c., advanced to 112 f. 10e.„ and receded to close as
they opened, this being as yesterday. At half-past two,
time for declaring on the option of calls, the price of the
Three per Cents. wag 80f. oc., but little was called. Fur
Money the Five per Cents. are unaltered, and the Three
per Cents. 10c. higher. The Bank ot France Shares
have advanced 25f.. The Laffitte Bank 1,0001. Shares
are unaltered, those of 5,000 f. are Of. higher. The Belgian
Three per Cents, for the Account, settling on Friday,
72f. 50c. No alteration in Belgian Bank Shares, nor in
Spanish Active. The Versailles Right Bank Railway
Shares, the Havre, the Orleans, and the Strasburg to Bale,
are as yesterday for Money. The Versailles Left Bank
'lave advanced 7f. 50c.

First Highest Lowest Last
Price Price. Price. Price
French 5 per Cents l:2 10 ...' 112 10 ... 112 5 ... I.2'i 5
4 per Cents lO3 ... 11'3 ... 103 ... 103
3 per Cents Bl 5 ... SO 10 ... 80 5 ... 8 , IC
Bank of erance 2755 —.1775 ...27:',5 —2775
Lattitte Batik I.ooof. Sh 1,1150 —.1050 —.11)50 ...1050
5,000 f. bh 5213 ...5215 —.5215 ...5215
Belgian 5 per Cents 102% ~. 102% ... 102% ... 102%
Belgian Bank 775 ... 781 ... 775 ... 780
:Spanish Active
Passive 4 .. 4k ... 4 ... 4
Neal.:olitan
._
Roman lOl% ... 101% ... 101% ... 101%
_RAILWAY SHARES.
St. Germain
Versailles, et. B OB2 50 ... 682 50 ... 012 50 ... 082 50
LB 345 ... 310 ... 345 ... 352 50
Havre
Orleans .
Strasburg to Bale ... 327 50 ... 33j ... 327 50 ... :430
Montpellier to Cette •
397 50 ... 397 50:...:297 50 ... 397 50
Seyssel (A)
ASPHALTES AND Bll' m U ENS.
-
2 '59 ... 2050 ...200 ...2050

In a letter from the Russian Pro-Consul at Aleppo
of the Ist ult., describing the battle of Nezib, we find it
stated that the engagement between the Turks and
Egyptians commenced on the 23d of June, and was re-
newed early on the 24t1i, when the former were com-
pletely routed. Of the Turks 4,000 were killed, 2,000
wounded, and 8,500 made prisoners. IBRAHIM likewise
took 120 pieces of cannon, 10,000 guns, the military chest,
containing 45,000 purses, with tents, waggons, stores
of every kind, and a quantity of jewels. The Egyptians
lost only 350 killed and about 800 wounded. The next
day lanamm pursued the routed Turks to Baragick,
where he found 30 pieces of cannon, 5,000 guns, and a
quantity of military stores. In the Ottoman army there
were several European officers, of whom five French-
men, the Polish General MoLEsiet, and a Prussian
Baron were killed, besides nearly twenty European
Physicians and Surgeons. Such Europeans as were
made prisoners were brought to Aleppo, and passports
offered them, without ransom, to proceed to any country
most agreeable to them. About 700 of the prisoners
sought and obtained permission to enter the service of
MEHEMET ALT.

Letters from Madrid of the 29th, with the Gazelle
of that date, have been received. They bring General
O'DONNELL'S despatch, narrating his defeat of CA-
BRERA near Lucena, which was the subject of great re-
joicing in the Spanish capital. The Christino General,
Don DIEGO LEON, is devastating the country round Los
Arcos and Estella, destroying the harvests, and burn-
ing the houses. This atrocious system of warfare has
provoked the Carlist General, Ello, to declare that he
will have recourse to reprisals. We regret that General
LEON has stained his well-earned laurels by such inhu-
man and barbarous atrocities.

Dutch and German Papers were received this morn-
ing with accounts from Hanover, of the 25th ult. The
citizens were in a state of the greatest excitement,
every man going about with a copy of the city charter
of 1831, in his hand, and pledging himself not to allow
any power on earth to violate it. King ERNEST had
sent to his Royal brother of Prussia, requesting that in
the event of disturbances, the garrison of Magdeburg
may be placed at his disposal. The pear is ripening fast.