The Sun.
London, England, 1863-06-04 00:00:00

IRELAND.

DUBLIN, June 3.

Yesterday the Solicitor-General resumed his statement
on behalf of the petitioner in the Egromont case. He stated
that if the relatives of the late Earl had not properly in-
vestigated the circumstances connected with the will, or
had refrained from acting till now, it was because all• im-
portant information had been sedulously kept back from
them. Having adduced a number of authorities on the
point, he contended that the petitioner was entitled to have
an issue sent to a court of law to try whether the will of the
late earl was valid or invalid, which only a jury could satis-
factorily determine, and this the petitioner claimed as a
matter of right.
The Lord Chancellor said that the right existed only
when the heir-at-law was the defendant ; but where, as in
this case, the heir-at-law was the plaintiff, it was entirely
in the discretion of the court to say whether or not an issue
should be granted.
The Solicitor-General proceeded.—" It should," he said,
"be remembered that the heir-at-law was prevented from
prosecuting his suit In consequence of the acts and conduct
of Sir E. Tierney, representing the estate as of little or no
value. It was also a case, above all others, in which every
iquiry should be afforded, for it was a dealing by a solicitor
with a client for purposes of his own, which courts of equity
always regarded with suspicion, always required that
the transaction should be fair, and that the party
obtaining the benefit should always preserve the evi-
dence to show the original fairness of the dealings. The
learned gentleman concluded a very able address by asking
the court, in the terms of the prayer of the petition, either
to set aside the temporary bars, so as to let an ejectment
be brought by Lord Egmont, or to grant an issue.
Mr. Sergeant Sullivan then opened the case for the re-
spindent. He denied that the petitioner was entitled to an
issue as a matter of right. There was no authority for such
a proposition Sir Lionel Darell had put up the files of the
Court in England every deed and document connected
with the case either in his power or procurement, and
whether for or against his interest; he had not kept back
anything, so that the most of the documents furnished
were those furnished by Sir L. Duel'. He might have kept
back any that he wished, or that he might have thought
would injure him; but he bad done nothing of the kind,
and when light was thrown on the very few letters relied
on by the petitioner out of a mass of evidence which would
be afforded by the other facts and circumstances of the
case, the Court would be of a very different opinion from
what might be supposed to be entertained at present. He
(Sergeant Sullivan) arraigned the suit as concocted by two
men of ruined repute and broken fortunes, who brought
this suit to enrich their pockets at the expense of their cha-
racters. It had been alleged as a very hard case that the
Egmont family had been, by the contrivance of Tierney,
kept from the bedside of the late earl ; but from 1817 down
to his death the petitioner never saw him, nor was there a
member of the family to whom he would have left his pro-
perty. The petitioner's estates in Ireland lie adjacent to
those now in dispute; he had visited them often during
the last 25 years, knowing that they had been alienated
from his family, and now, after the death of the person
who, if alive, could have shattered the case attempted to
be made out, this claim was brought forward. He would
show from documents that no misrepresentation had been
made by Tierney, that the earl knew well the value and
circumstances of the estates, for accounts had been regu-
larly rendered by the agent, and initialled by the earl.
When, in 1822 Earl John succeeded to the title, he ap-
pointed Sir Edward Tierney agent and receiver of the Irish
estates, he being at the same time agent to the Earl of
Devon, the Earl of Kenmare, and other proprietors. He
was also Crown Solicitor for the North-West Circuit in
Ireland, and Registrar of the Court of Appeal, his various
employments producing an income of £lO,OOO a-year. The
estates were then in an exceedingly wretched condition,
owing to gross mismanagement. They were so over-
whelmed with encumbrances that the rents were insuffi-
cient to pay the annuities and the interest on chargas, the
deficiency being advanced by Sir Edward Tierney, whose
claims against the estate increased every year, his money
being secured by mortgages and the earl's bonds, on
which judgment was entered up. He also laid out
large sums in improvements, with the landlord's know-
ledge. The Irish estates were put up for sale at Morrison's
Hotel in October, 1832, when the highest bidder for the
Churchtown estate was a Mr. Purcell for £135,000. There
were no bidders for the Kanturk estate, and the attempt at
sale failed. Sir E. Tierney was subsequently applied to to
purchase the Churchtown estate for £140,000, but he did
not accede to the proposal. In 1840 there was a balance of
£23,000 due to Sir Edward Tierney. The earl received from
his Irish estates £2,000 a year, and his housekeeper, Mrs.
Clesse, £lOO. Long and intricate details were given by
the learned sergeant of the transactions connected with the
encumbrances of the property and the attempts to sell it.
The answer of the petition defended Sir Edward Tierney
on every point. The answer also insisted that the petitioner
had by his own lathes deprived himself of the right now to
contest the will, having acquiesced in it for 19 years. The
that made
challenged on the earl's death, and the inquiries
that made satisfied the parties interested in disputing it
the "mu_ Properly prepared and executed, and therefore
pnte, „iej":,r should not now be permitted to revive the dis-
dity 01 'ortihe assistance of the Court to try the vali-
a win
to exhibit its br,:t showing the existence of facts tending
could have squire which neither he nor the co-heiress
attempt was made; 'bon the earl died and the former
E. Tierney and otters)
vitily now after the death of Sir
' c'4la have satisfactorily :to-

counted for all the circumstances. The answer also
alleged that the petitioner had acknowledged the title of
Sir E. Tierney when he applied to him in 1842 to sell the
estate, and again on a later occasion ; and also that the pe-
titioner, having in 1854 obtained a renewal of a lease of a
certain portion of the premises which he formerly held un-
der Earl Henry, from Sir E. Tierney, and having punctually
paid rent therefor to Sir E. Tierney up to his death, and
subsequently to Sir Lionel Darell, without any protest or
objection, was entitled to no relief whatever, and therefore
the petition should be dismissed with costs.

The learned sergeant had not concluded a very able state-
ment when the Court rose,

Sir John Arnott has published an address to the electors
of Kinsale, in consequence of the allegation made by some
parties that he took the constituency by surprise, and had
entered into a compact or stipulation With Sir George Col-
thurst. He states that he sent a circular to them announc-
ing his resignation on the 26th ult., which could not have
taken them by surprise, inasmuch as upwards of 12 months
ago he went to Kinsale for the express purpose of tendering
his resignation. At the urgent request of a number of the
most influential electors, he was induced to retain the seat
t ill a suitable successor could be found. Several gentlemen
had been mentioned, but none of them appeared entirely
acceptable till Sir George Colthurst undertook to solicit
their suffrages. As to the statement that he had entered
into a compact with that gentleman, he says it is simply
ridiculous, and could only have been resorted to for an elec-
tioneering object.

SPORTING INTELLIGENCE.

ASCOT HEATH RACES._WEDNESDAY.
For the second day of Ascot races the attendance was
extremely good, particularly in the Grand Stand. The
weather, also, was most charming. The Royal Hunt Cup
produced the large field of 29, but after the Queen of
Trumps had taken her preliminary canter it was discovered
h
; consequently she did not go to the
starting-poet.
shen g.oe wast. m
Th
e race was won in a very easy manner
thatlame
e
by the favourite Victor. In the Ascot Derby, Wells had a
narrow escape from being badly hurt. The horse he was
riding in the race, Brother to Morocco, having been crossed
by Blue Mantle, the former struck into his heels, which
caused him to fall, breaking his leathers and the bridle
ooming completely off his head. We are happy to say
Wells did not receive any injury. For the Fernhill Stakes
Tomato came in first, everybody at the same time believing
it to be the Baron's other colt Hippolyta, as from some
stupid blunder the latter's number was exhibited on the
telegraph board instead of that of Tomato. The mistake
caused an objection to be made against the winner, which
was subsequently gone into by the stewards, who awarded
the race to Tomato, but the subject of bets will be gone
into at Tattersall's on Monday.
The Coronation Stokes of 100 sovs each, h ft, for 3-yr-old
fillies; Bst IMb ; winners extra ; maidens allowed 71b.
Old mile. 25 soya.
Lord Derby's Lady Augusta, (31b extra) Bst 131 b
Lord Exeter's Fantail (Edwards) 1
, Bst 101 b Boyce 2
Baron Rothschild's Croton Lass, Bst 101b....(A5( hmall)) 3
Lord Stamford's Cerintha, Bst 101 b..
Sir J, Hawley's Columba, Bst 101 b (Wells) 5
Betting-5 to 4on Lady Augusta, 4to 1 agst Fantail,
and 6 to 1 each agst Columba and Crafton Lass.
Columba was the first away, closely attended by Fantail
and Crafton Lass, the favourite with her stable companion,
lying off. On crossing the road Crafton Lass went to the
front and came on with a clear lead, Fantail going second,
with the favourite next, Columba at the same time
dropping into the rear. On entering the straight Lady
Augusta went up le, "`" Fantail, with whom she ran to half
way up, then quitted them without an effort, and won in a
canter by a length ; half a length between the second and
third. Cerintha was a bad fourth.
The Ascot Derby Stakes of 50 sovs each, h ft, for 3.yr-olds;
colts Bst 101 b, fillies
Bst 61b ; winners extra ; maidens
allowed 71b. Swinley course. 23 subs.
Lord Stamford's Onesander, Bet 101 b .... (A. Edwards) 1
Mr. T. Valentine's Queen Bertha, Bst 111 b (inc 51b extra)
Captain Lane's Blue Mantle , Bst 101 b (Aldcroft) 2
(Lyn 3
Count F. de Lagrange's Jarnicoton, Bst 31b .. (Watkicnh) s) 4
The following also ran :—Newsmonger, Warhorse, and
Brother to Morocco.
Betting-2 to 1 agst Onesander, 3to 1 agst Queen
Bertha, and 6 to 1 each agst Jarnicoton and Blue Mantle.
At the fourth attempt they got away upon equitable
to terms, Blue Mantle making the running for a few strides,
when he was passed by the Frenchman, Blue Mantle going
on second, who was followed by Onesander and Brother
Mor,
occo—Newsmonger, Warhorse, and Queen Bertha
lying several lengths in their rear. Passing the Kennels,
Onesander took the second place, and came on in atten-
dance upon the leaders, followed on his whip hand by
the Baron's colt into the straight, where they were joined
by Queen Bertha, the lot running in close company to the
distance, where Onesander drew away, followed next the
rails by Queen Bertha, Blue Mantle at the same time
giving evidence of his currish temper by running all
over the course, and in so doing crossed Brother to
Morocco in his attempt to get through, and brought horse
and rider to the ground, fortunately without injury to
either. Onesander retained his advantage to the end,
and won in a canter by two lengths; a bad third. Jarni-
coton was fourth. The others pulled up and did not pass
the post.
The Royal Hunt Cup, a piece of plate value 200 sovs, by
subscription of 10 80V8 each, with 100 added, for alleges
Winners extra. New mile. 77 subs.
Mr. Hodgman's Victor, 4 yrs, sst 121 b (Morris)
Mr. R. Sutton's Glenorchy, 3 yrs, Est 131 b .. (Thomas) 2
Mr. Merry's The Knave, 4 yrs, 7st 51b
... (H. Covey) 3
Lord Glasgow's Knowsley, 4 yrs, 4st 81b ..., . (Aldcroft) 4
The following also ran :—Umpire, Argonaut, Prince
Plausible, Exchequer, Oldminster, Queen of Spain, Michel
Grove, Birdhill, Ace of Clubs, Bertha, Doncaster, Grey
Hen colt, Vilette, Poland, The Plover, Bohemia, Tademus,
Cadeau, Michael Scott, Disappointment, Rubini, Merry
Maid, Indolence, and Nebula.
Tippler was struck out on Tuesday. Catch'em Alive at
12 40 pan., Zelle and Polynesia at 1 4 p,m. Wednesday.
9st 71b, but after taking her canter she pulled up
Quee
lame, and
of Trumps was weighed for by 11. Grimshaw, 4 yrs,
did not go to the post.
1
Betting-3 to 1 agst Victor, sto 1 eget The Knave, Bto
agst Tademus, 100 to 8 each eget Knowsley, Ace of
1 each a
Clubs, and Rubini, 20 to 1 agst the Grey Hen colt, 25 to
agst Umpire, Argonaut, Indolence, and Bertha.
Precisely at 3 25 the flag was lowered to the most unsatis-
factory start of the meeting, the greater portion of the ani-
mals being left at the post. Bertha, as nearly as we could
make oat, after running a few strides, took a slight lead on
the far side, with the favourite in the centre, close up with
whom were Prince Plausible, Knave, Glenorchy, the Grey
Hen colt, and Knowsley, the latter lying wide on the stand
side ; the others, who were headed by Exchequer, Umpire,
Doncaster, Tademus, and Rubini, following in two divi-
sions, some two or three lengths in the rear; crossing the
road, Morris brought out Victor and took a decided lead,
waitedi upon by The Knave, Glenorchy, Lord Glasgow's
and Doncaster, who ran in company half way up the
hill, when the tailing commenced in earnest, the front divi-
sion alone having the slightest chance in the contest. The
favourite held his own to the end, and won with the most
ridiculous ease by four lengths, three lengths separating
the second and third, a like distance between the third and
fourth; Doncaster was fifth, Prince Plausible sixth, Argo-
naut seventh, and Tademus next, all close up. The last
lot
Cadeau,
comprised Queen of Spain, Michel Grove, Birdhill,
Ace of Clubs, and Indolence.
A Sweepstakes of 10 soya each, 5 ft, with 50 added, for 3-
yr. olds and upwards; weight for age. T.Y.C. The
winner to be sold for 200 soya, if demanded, &c. 6 subs.
Mr' Mr. C Ten Broeck's Santhal, 3 yrs (Fordham) 1
, 14
Mr. Th. -.ayner's Dirt Cheap, 3 yrs (Challoner) 2
". Bunee's Lord of Linne, 4 yr 5........ (Hibberd) 3
Betting opened at even on Santhal, and closed at even on
Dirt Cheap.
Dirt Cheap cut out the work to the Stand enclosure,
where Santhal came out and won easily by three parts of
a length ; a bad third.
First Year of the Eleventh Ascot Triennial Stakes of 10
sovs each, with 100 added, for foals of 1861; colts, Bst
71b; fillies, Bst 41b. T.Y.C. The owner of the second
horse to receive a sum equal to 10 per cent. on the whole
stake, and the third to save his stake. 57 subs.
(J. Goater) 1
Lord Portsmouth,
(H. Covey) 2
Mr. Merry's Catastrophe-filly
Count F. de Lagrange,
Baron Niviere's Mademoiselle de Chennois (E. Flat man) 3
(Aldcroft) 4
Mr. T. Valentine's Alcyone
s Becky Sharpe
Mr. T. Stevens's Fisherman's Daughter (dam, Idyl)(Chloner) 6
(Custenee) 7
Mr. H. Savile's Queen Lily colt
(Midgley) 8
Mr. Saxon's The Abbot
hter and
Betting-3 e.,
- 1 each agst Fisherman's Daughter
Becky Sharpe, and 4 to 1 agst Alcyone.
e 7 La Belle Feronniere (Watkins) 5
The French fillies made the running until crossing the
road, with the Catastrophe filly and Becky Sharpe fol.
lowing on the whip hand. At the distance Fisherman's Daughter and La Belle Feronniere were beaten, and Becky
f
Sharpe and the Catastrophe filly went to the front, the
or -
mer winning
by a neck , a bad third.
The Fern Hill Stakes of 15 sovs each, 5 ft, with 100 added,
for 2-yr-olds and upwards. Weights for age. About
half a mile. 11 subs.
Baron Rothschild's Tomato, Est 131 b (Nightingall) 1
Mr. W. Bevill's Lady Abbess, 3 yrs, Bst 11
, 7st 21b
Count Batthyany's Midnight Mass,
2 yrs,
3
Bst 111 b (Edwards) 4
Lord Stamford's Flying Fish, 3
5
Count F. de Lagrange's Vivid, 3yrs, Bat 111 b (Custanee)
lb(Ford ham) 2
Betting 5 to 4 agst Flying Fish, 5 to 2 agst Lady Abbess
4 to 1 agst Midnight Mass, and 6 to 1 agst any other.
Midnight Mass made running to the distance, where
the
and
levee.
Baron's filly went to the front, was never afterwards headed,
won very easily by four lengths, a length betwe
second and third. After the race Mr. Bevill made an o j
tion against the winner, inasmuch as the wrong number was
the
stewards, on the telegraph, which was entertained by e
stewards, Admiral Rous giving their decision in favourof
Tomato. The question as to which way the bets are to
be
decided will be settled at Tattersall's on Monday.
Second Year of the Fifth Ascot Biennial Stakes of 10 sous
d
each, with 100 added, for 3-yr-olds ; colts, Bat 101 b; and
fillies, Bst 61b. Old mile. The owner of the second horse
to receive 25 soya out of the stakes. 65 subs.
Lord Strathmore's Saccharometer. • . (J. Goater) 1
Mr. T. Parr's Judea, Bst 61b . (Fordham) 2
Mr. E. Brayley's Tom Fool (Cowley) 3
(Watkins) 4
Count F. de Lagrange's Rospodar

The following also ran :—The Old Orange Girl, Tademu 9,
Stockowner, Crafton Lass, and Spitfire Kitty.
Challoner weighed for Carnival and A. Edwards for One-
sander, and their numbers were up, but subsequently taken
down.

Betting-2 to 1 agst Saccharometer, sto 2 agst Tom
Fool, 7 to 1 agst Old Orange Girl, and 9 to 1 agst Judex.
The Orange Girl carried her colours to the fore immedi-
ately after they left the post, with Tom Fool, Judas, and
Hospodar in close attendance, the rear being brought up by
Tademus, who laid away upwards of half a dozen lengths
to the bend into the straight, where Tom Fool took up run-
ning, with Judex and the favourite in close attendance, to
the half distance, when Lord Strathmore's colt went up and
won in a canter by three lengths; half a length between
the second and third ; and two lengths separating the third
and fourth. Spitfire Kitty was next, and Tademus last
throughout.

The Visitors' Plate of 100 sovs, and 25 for the second horse
(handicap), Once round and a distance. 19 subs.
Mr. Bryan's Millionaire, 6 yrs, Bst 131 b (Custance) 1
Lord W. Powlett's Paste, 5 yrs, 9st (S. Rogers) 2
Lord Portsmouth's Vinegar Hill, 5 yrs, Bst 31b
(Fordham) 3
The following also ran :—Gardener, Flirtation, Gorse,
Dux, Necklace, and Wasp gelding.
Betting-4 to 1 each agst Gardener, Paste, and Million-
aire, 5 to 1 agst Flirtation, and 6 to 1 agst the Wasp c.
Millionaire made play, with Gorse and Paste in close at-
tendance, to the top turn, when Paste went to the fore, and,
wi

,h Mr. Bryan's colt and Vinegar Hill in waiting, de.:
scended the hill in close company ; but on reaching the bot-
tom the lot closed up, and ran to the old mile-post, where
Paste gradually increased her lead, which she retained to
the distance, when Custance brought out Millionaire, who
at the stand obtained a clear lead, and won very easily by
a neck, Paste defeating Vinegar Hill by a neck for second
place. Gorse was fourth, Flirtation fifth, Gardener next,
the Wasp colt last.

SPIRIT OP THE PUBLIC JOURNALS.

Ti tEs.-11 great blow has been struck against a
favourite of Fortune. Paris—busy, thronging
Paris, without pausing for a moment from her per-
petual pursuit of fashion, while her broad Boulevards
were still streaming with pleasure-seekers, while
new splendours rise about her with rapidity of stage
effect, while all her population seemed engrossed
with the enjoyments created for them,—this petted,
coaxed, well-dressed, well-jewelled Paris has, in
saucy wantonness or in well-hidden thoughfulness,
suddenly turned upon her lord and master and has
inflicted upon him the most emphatic slap in the
face which confident man ever received from a capri-
cious mistress. Too certain of the answer, he has
asked her a presumptuous question, and he has got
his reply. Paris, with all the forms of electoral
legality, and with all the energy of universal suf-
frage, has protested against the Empire. Looking
upon the surface of Parisian life, who would have
prophesied this ? It is quite evident that neither
the Emperor nor his Ministers bad the least notion
of such a reverse. Up to the very day which pre-
ceded the elections Paris rattled on gaily in her
perpetual revel and seemed to have no taste for
political excitement. A stranger might have walked
round all the Boulevards without seeing a dozen of
those little square-coloured affiches which simply
told that "M. Thiers" was a " candidat." It was
necessary to go over the Pont Neuf to read any-
thing like a printed appeal, even on behalf of the
virtues of peace and retrenchment. People did not
gather round the few placards that existed. There
were no little knots of men gesticulating in the
streets ; and the folk who sat outside the cafés and
sipped their absinthe before dinner did not seize upon
the papers greedily, as in the old days before 1851.
The Charivari and L'lllustration and L'Entr'acte
were more in request than the Steele. The little boxes
in the Tuileries gardens were not surrounded by ear-
nest politicians, like those who in old times used to
abonner themselves for a sou upon the whole Paris
press, and walk about in a St. Vitus-like excitement
ejaculating their political aspirations to the heroes
and goddesses around. It was while all things were
tranquil and placid that this shock came. But the
fact remains. Paris has suddenly seized an oppor-
tunity, and,speaking by universal suffrage, has pro-
tested against the Empire. This is not a simple de-
feat, It looks more like a formal repeal of the great
vote of the seven millions. Paris, although unani-
mous in nothing else, is unanimous in rejecting
every Imperialist candidate. Even in the Sixth
Arrondissement, where two editors and a " homtne
de bten" divided the Opposition votes between them,
the Government candidate had no chance. It is
not an Orleanist demonstration, nor a declaration in
favour of the old Parliamentary system ; for M.
Thiers, who may be considered as the most special
representative of these ideas, and to have been most
, able to develope their full force, had the
ed
leasta re-
, markabu success of all. M. Thiers obtain
jority over the Government competitor of
only 1,255-
, votes, whereas Emile 011ivier and Ernest Picard had
majorities of nearly 9,000, and Jules Favre beat the
Government candidate by more than 10,000 votes.
The voters do not seem to have asked what the prin-
ciples of the Opposition candidate might be. It
sufficed to place him high on the poll that M. de
Persigny did not patronise him. The Opposition,
as an Opposition, was certainly not adapted to se-
cure any great respect. It was not a thing having
any unity of thought or any common object. For
some time the Opposition papers refused to publish
the Opposition addresses. Each had its one Oppo-
sition candidate, who was not uncommonly the
director of the patronising journal, and each de-
nounced in unmeasured terms the principles and the
practice of all other Opposition pretenders. The
only fact quite evident to a looker-on was that if the
Opposition hated the Government much they hated
each other a great deal more. It is true that, to some
extent these personal contests ceased under the ridi
cule of the Parisian public; and that latterly the Op-
' position papers consented to insert the Opposition
addresses and make semblance of a sort of sympathy.
Still, however, they were rather like a " happy
family" exhibition, without a master to control
their instincts, It was not their harmony, or their
unity, or their strength which won their victories;
and still less is it their popularity which stands
proved by their great majorities. When Paris goes

forth, and when Lyons follows, and the departments
of the South and the great cities throughout France
make common cause, it is not that they are agreed
upon any positive position. They do not set up M.
Thiers because they desire the adoption of any spe-
cific policy ; and so well did M. Thiers and his
friends know this no Thiers confession of faith ap-
peared. It must have been very hard to flesh and
blood, and especially to the flesh and blood of a
great orator and great writer, to stand before all
France and be pelted with sharp epigrams by a
Minister of State, and to make no reply. Yet M.
Thiers endured this rather than destroy the equivo-
cal position which his silence prolonged. If there
be any truth in the statement of the Constitutionnel,
a council of his friends deliberately suppressed the
Circular he had prepared, lest the other sections of
the Opposition should be deprived of all excuse for
voting for him. So, also, the Republican candidates
who have succeeded, not because the voters who re-
turned them are all in favour of a return to a Re-
publican form of Government, but because they are
discontented with things as they are—the one bond
of union has been a protest against the Empire.
All this has been brought about by the blundering
of M. de Persigny. If Frenchmen have been found
wanting in the moderation and in the spirit of com-
promise which is necessary to Parliamentary go-
vernment, French Ministers have been found still
more lamentably deficient in the decent simula-
tion of official respect for the freedom of election.
The Minister's warnings to the Press at this ill-
chosen moment made him odious; his communicated
articles, forced even upon the poor literary jester
Le Charivari, made him ridiculous ; his obtrusive
dictation to the electors made him offensive, his
,selection of candidates inspired contempt. This
is not the way to deal with such a population
as that of France. A more adroit man would
have adopted the popular candidates, and pro-
claimed the desire of the Emperor to have all
opinions represented in his Parliament ; but even
a moderately shrewd man would have seen that, if
it was not the moment for liberty of speech to all, it
was certainly the moment for silence in high places.
What will be the result ? Will the Emperor trust
to the oath taken by the Opposition candidates, and
go on to free institutions ? It is true that, Or-
leanists and Republicans alike, they have all sworn
"fidelity to the Emperor." Some affect to find in
the Article of the Constitution which declares the
Emperor to be responsible a door of escape from
any oath of allegiance. But, however that may be,
can much trust be placed in any such bond as that
after what has so often happened in France and
elsewhere ? Even if the Emperor were inclined to
risk this course, what means has he of conducting
a Parliamentary Government with such men as
Thiers and Dufaure in Opposition, and with no
better debaters than his own mediocrities to set
against them ? In such a contest the Empire would
be talked dowa in a single session. If, indeed, the
Emperor had secured these men for the Empire
there would be something to hope in favour of a
policy of progress, but M. de Persigny has forced
them ostentatiously to take their place in 0 •
pposz-
tion. We shall be curious to note the next
lt m o vnet
of the Imperial policy. Regard it from w
of view we may, this is a very serious
defeat poi
the Emperor must feel some bitterness in the reflec-
tion that all its worst features have been called forth
by the undisguised partisanshipof and by the folly and
insolence Minister. of the Imperial
HERALD.—From the earliest times fish we" a
favourite food with the inhabitants of these isles.

In the London markets, during the reign of the
Plantagenets, and probably long before, there
were to be found sturgeon, cad, ray, herring (fresh,
salted, and red), bass, conger, sole, mackerel, sur-
mullet, turbot, dory, porpoise, haddock, sea-ling,
sprats, salmon, shad, eels, pike, barbel, roach,
dace, dabs, flounders, lamprey, smelts, stiekelings,
oysters; mussels, cocklEs, whelks, scallops, and
stockfish. The hon. member for Sunderland sighs
for such days of plenty, and with goad reason, for
unless the House of Commons helps us, we shall
see them no more.Riley,he sale 'of fish, as the medievalantiquarian, Mr. Ri whose word is indisputable,
tolls us, seems to have atiractedthe surveillance and
attention of the authorities to a greater extent than
that of butcher's meat ; and fish, there can hardly be
a doubt, was much more largely consumed by the
middle and lower classes of the community- than
butcher's meat, owing partly to its comparative
cheapness, and in part to the rigidness with which
the fist days of the Romish Church were kept. So
we are glad to see that the hon: member's motion
for an inquiry by a Royal commission into the pre-
sent condition of our sea fisheries was successful,
though certain members of the Government, them-
selves well experienced in the uses and habits of
deep-sea fishing, thought proper to essay to upset it.
At present, as Mr. Fenwick unmistakeably proved,
our fisheries are almost universally falling off, year
by year, and unless something is done, the serious
contingency of a limited supply from all quarters
would appear to be threatening us. And this appre-
hended scarcity does not arise from the consumption
startling as that is as reported from London alone.
It is not owing to the City alimentiveness which
last year disposed of half a million and more of cod-
fish,- 25,000,000 of mackerel, 100,000,000 of soles,
35,000,000 of plaice, 200,000,000 of fresh haddocks,
oa the 300,000,000 of periwinkles, according to the
honourable member's testimony, that any serious
diminution impends. It is the reckless waste and
neglect, as Mr. Fenwick explained, of nature's own
laws, by the very men whose interest it is to main-
tain an abundant supply—the fishermen who are to
make a living by their trade—which have nearly
ruined our coast fisheries. The system of trawling
and the use of the seine net destroy or disturb the
spawn of the fish ; for strangely enough, and to the
hindrance of their own future business, the men are
accustomed, without heed or care, to take up the
spawn and carry it into deep water, or receive it
into their boats and sell it as manure. Any one
who has seen the miscellaneous haul made by the
trawling net aiay,readily understand how it scrapes
up and unsettles everything it touches, and
when it happens to travel over the shallow
breeding ground it necessarily becomes a ruthless
enemy to a great amount of fish life. The young
fry suffer a similar depredation from this rude and
exhausting means of capture. The takes are fre-
quently found to be too small in size for the market,
and are either accordingly tossed back into the sea,
dead or alive, it does not much matter, or are sold
in a mass as mere manure. "One afternoon, only al
few months ago," affirmed the hon. gentleman, " he
saw exposed for sale in a northern city two cart-
loads of codfish, the largest of which was not bigger
than his hand, and he appealed to the house if that
did not show a wanton waste of God's gifts." We
can endorse, from personal and repeated experience,
the hon. member's appeal as to the thoughtless
habits of the fishermen who use the trawling net all
round our coast. The captain of a trawler himself
acknowledged to the hon. member that "he had
sometimes thrown overboard as many as 7,000 or
8,000 fish at once after using the trawl. "As to
spawn, on one occasion," added this informant,
"while he had three tons of spawn, as he estimated,
by the weight of the trawl, in his net, he had only
besides some crabs and a dozen flat fish." From all
parts of England similar evidence had reached the
honourable member, which perhaps the honourable
member for Hull may study with advantage ere he
indulges a sneer against the value of an accurate
and assured inquiry into the reasons of the decreas-
ing quantity of fish caught on our shores. The
salmon fishery is itself a notable instance at the
present time of the pertinent worth of these parl,a-
mentary investigations, and the recommendations
which result from the comparison of the most reli-
able evidence furnished without fee or reward The
act, which is but two years old, has, in Mr. Fen-
wick's own words, resuscitated the salmon fisheries,
and rivers previously destitute of fish are found to
be gradually and surely stocked. Even the Thames
is likely to resume its old reputation, and we may
soon hope to hear of a similar bit of news to that
which, even within the last 25 years, astonished
veteran anglers, that "salmon of 151 b. weight have
been taken as low down as Wandsworth." Salmon,
amongst all the more highly prized fish in the Lon-
don market, has actually fallen in price since the
operation of that act. The same regulations which
have answered so well in preserving fish in our
rivers, may, it is fitly argued, be enforced for the
preservation of our deep-sea fisheries. With respect
to the fisheries in the Channel and elsewhere, ac-
cessible to the French fishermen, no harm can arise
from this inquiry, and we dispose of the objections
of the President of the Board of Trade, that num-
bers of people would be much alarmed if such an
inquiry were set on foot, by assuring him that our
neighbours will thank us for any legislation which
is likely to improve the take of the deep waters out-
side the territorial limits from which they are pro-
hibited. We do not think that, with the means at
the command of the Admiralty, there need be any
difficulty in amassing such a store of sure and posi-
tive information as may be likely to benefit both the
fishing interest and the public generally. In this
important branch of industry, which commands a
capital of £10,000,000 sterling, and employs
240,000 men of hardy habits and mostly in the
prime of life, any long continued depression of
trade would not be very easily remedied; and there
can be no question bat that the consumption of fish
as food for the working classes has, of late pears, in
the towns especially, been considerably smaller
from the lessened supply.
POST.—The House of Commons yesterday showed
its good sense in rejecting, by a major
•
ity of two
hundred and seventy-eight to one hundred and
three votes, one of the most mischievous
and ob-
noxious measures which has for
many years past
been submitted for the approval of Parliament.
Indeed, it is difficult to understand how it came to
pass that the bill for closing public-houses on Sun-
days found as many supporters as it did. That the
Temperance Association were enabled to induce
two gentlemen with extreme views on the subject
of Sabbath observance, and hazy notions of the
statistics of drunkenness as furnished by police re-
ports, to promote a bill embodying their peculiar
tenets is not wonderful; but it is truly, astonishing
that one hundred and three gentlemen could be
found besides, who, so far as lay in their power,
endeavoured to pass a law which would have been
an insult to the character of the nation, as well as a

gross outrage upon the rights of its members. The
best excuse that can be found for these gentlemen
is that they failed to realise the consequences of the
measure to which they gave their advocacy and
support. We do not now refer to such consequences
as riots and disturbances; the assemblages of thou-
sands of industrious, sober, and well-conducted
men, to protest against being sacrificed for the mere
purpose of preventing habitual drunkards indulging
in their favourite vice upon the Lord's-day; the
ill-feeling which would be created between classes
between whom at present the most perfect harmony
subsists—to these consequences we do notat present
advert. We allude simply to the immediate effects
of the operation of the act. The man who is neither
blind, nor deaf, nor maimed, can form no concep-
tion of the disadvantages under which persons thus
afflicted are compelled to suffer; and in like manner
those who have well-stocked cellars or clubs to
hich they can resort, cannot possibly realise the
position of those who, during the only day in the
week permitted for rest and recreation, would be
debarred from all means of obtaining any refreshing
or invigorating drink. It is, however, fortunate
that these gentlemen, who were ready with such
precipitation to legislate for the millions whose
feelings and wants they failed to appreciate, Were
in a minority, and that a bill which would never
have been sanctioned or tolerated by the English
people has not commanded the approval of their
representatives. It is much to be regretted that some
people will get drunk, just as it is much to be de-
piored that some young men will dissipate their for-
g ies
of
a_tthuer_
e powerwould
of i
ts
rob
()sing
iufineeds
nßd
eu
pt
rjiuvsi tn
ga s theL e
everyone
e 1118- of his property as he thought fit, in order to pre-
vent a few spendthrifts consummating their rain,
so it is not entitled to prevent nine hundred and
ninety-nine sober people from taking beer or wine
in moderation on a. given day in order to prevent
one individual from drinking to excess. And yet
this was the path of the argument advanced by Mr.
Sorties in favour of his bill. But ill conceived as the
design of the measure was, in operation it would
have been found utterly impracticable. The excep-
tion in favour of bona fide travellers would have
given rise to no end of litigation. Some of the
metropolitan magistrates have held that an excur-
sionist by rail on a Sunday is a traveller. If so, the
Londoner could still, we suppose, by producing the
half of his return ticket, have beer or wine with
his dinner at the Star and Garter at Richmond,
whereas the pedestrian or omnibus passenger would
be obliged to remain satisfied with a draught of
water. The traveller stopping in an hotel in Fleet-
street might still, we suppose, indulge in his pint
of stout, whereas the Templar, who dines habitu-
ally in the same coffee-room, though known to the
proprietor, would be compelled to forego hiscus-
tomary tankard. And wherefore all this ? Simply
in order to prevent a few individuals getting drunk
on Sundays. The House of Commons has very
properly refused to victimise the many for th benefit of the few. e

London : Printed and Published by WILLIAM ANDREWS,
of No. 112, Strand, Printer, at THE SUN Office, No. 112 t
Strand, in the Precinct of the Savoy, In the Countlp
Middieeex.—Thursday. June 4,1803.

THE DUNABURG and WITEPSK RAIL-
WAY COMPANY (Limited).
Incorporated with Limited Liability under the Joint-Stock

Companies Act, 1862.
The Line to be constructed under a concessio granted by
his Imperial Majesty the Emperor of Russia,n dated 19th
March, 0.5., 1863
Nominal Capital, fixed by the concession, £2,600,000.
On which the Russian Government guarantees an annual
interest of £5 per cent., amounting to £130,000 in sterling
money, for 85 years, and an ad iitional 1-12th per cent. to
redeem the capital at par in 85 years, by annual drawings,
commencing the first year after the completion of the line.
The above capital will be issued in 26,000 shares of VOO
each, bearing a minimum interest of £5 per share, which, on
an outlay of £B3 per share, amounts to a fraction above 6 per
cent, Interest on the calls, at the rate of 6 per cent. per
annum, will also be paid during construction.
Deposit, £5 per share on applicat on, and £5 on allotment.
One-third of the capital has been taken by the Concession-
aires.

DIRECTORS IN LONDON.
H. L. Bischoffsheim, Esq. (Messrs. Bischoffsheim and Gold-
Schmidt).
Geo.J. Goschen, Esq., M.P. (Messrs Frnhling, and Goschen).
William Miller, Esq., M.P. (Messrs. William Miller and
Co., St. Petersburg).
T. A. Mitchell,`Esq., M.P. (Messrs. Mitchell, Yeames, and
Co).

Jervoise Smith, Esq. (Messrs. Smith, Payne, and Smiths).
DIRECTORS IN RUSSIA.
His Excellency de Cube, Vice-Governor of the Province of
Livonia.

James Armitstead, Esq. (Messrs. Mitchell and Co., Riga).
James Henry Hill, Esq, (Messrs. Hill Brothers, Riga).
HANKERS.
Messrs. Smith, Payne, and Smith.
•
SOLICITORS.
Messrs. Freshfields and Newman.
CONSULTING ENGINEER.
John 1-1 awk sh aw, Esq.
RESIDENT KNGINEER.
Morgan Williams, Esq.
AUDITORS.
Messrs. Coleman, Turquand, and Co,
SECRETARY, pro tem.
Mr. W. H. Trumpler.
OFFICES.
21, Throgmorton-street, E.C.
This Railway, of the length of 161 English miles, will con-
nect Dunaburg, the terminus of the Riga and Dunaburg
Railway, with Witepsk. The Line passes throu.;h one of the
most productive districts of Russia, furnishing a large pro-
per. ion of the exports from Riga; and, in facilitating the
transport of' produce of the rich and wheat- growing pro-
vinces of Smolensk, Mohilew, hursk, and Orel, will prove of
the greatest importance both to England and Russia.
In consequence of the absolute impossibility of forwarding
goods at certain seasons of the year, and the very heavy
charges at all times, a great part of the produce of these lat-
ter provinces has hitherto been almost lost to exportation, or
available only in seasons when the markets of Western
Europe were approaching famine prices. The transport of
the colonial and foreign produce required in this part of the
interior, effected hitherto, to a great txtent, at heavy charges
from St. Petersburg, will be eluded on by means of this Rail-
way from Riga to Witepsk direct, and be thence distributed.
There will also be a considerable passenger traffic, as the
above named provinces are amongst the most populous of
the empire. This Railway will be the only convenient and
expeditious route for the inhabitants both to St. Petersburg
and Western Europe.
The Russian Government, attributing special importance
to the early construction of this line, has granted a conces-
sion of the most favourable character, embracing privileges
never before obtained.
Among the distinguishing features of the concession are
the following :-
Ist. The Company is to be constituted according to English
law, with the Board of Direction in London, and an Agency
of three Directors in Riga.
2d. The Government guarantees the interest in sterling
money, no Government inrevious cases, imroubles.
3d. The also guarantees an additional sum
Payable half yearly, on the capital of £2,600,000, sufficient to
redeem the whole capital at par in 85 srears.
4th. Both the interest and the sinking fund are payable
half-yearly at fixed dates.
sth. The net receipts of the line are applicable in relief of
the Government Guarantee ; but the Company is authorised,
in priority, to set apart 10 per cent, of such net receipts, to
the extent of £lOO,OOO to form a reserve fund against contin-
gencies.
6th. The shareholders are entitled to all net profits of the
line, up to 6 per cent., on the nominal capital ot £,,t300,000.
They are further entitled to one-half of all urther- profits,
over and above the 6 per cent., until the Government is re •
imbursed the moneys which it may have paid in respect ofthe
guaranteed interest beyond the net earnings of toe line;
after which reimbursement, the shareholders are entitled to
the whole of the net profits, whatever they may be.
A contract for the execution of the line of railway by the
30th November, 1867, with all necessary stations, buildings,
and works, and for the supply of rolling stock, according to
the specifications and requirements o: the Government, has
been entered into by the concessionaires with Messrs. Peto
and Betts, under the superintendence and with the approval
of Mr. Hawkshaw, the eminent civil engineer, for a sum of
£1.755,915. An arrangement has also been concluded, by
which that contract, together with the concession. is to be
made ever to the Company for the sum of £lB,lOO, which sum
covers
England, l preliminary expenses incurred in Russia and in
caution In
money of conn
£l3o,oexionoo. both with the concession and the
By these arrangements the cost of the undertaking as
shown by the subjoined statement, has been brought wiihin
a sum of £2,143,615.
The Contract with Messrs. Peto and Betts for the
entire construction, including Roiling stom
amounts to
.................. £1 755 9 5
The Engineering and Inspection of the 1.-1 1
during the whole period of construction,
Inclu-
ding the costs of the Preliminary surveys, ac.
has been contracted for at a sum of •
Interest during construction, which will . 73,700
at the rate of 6 per cent., Is calculated at abouta iseooo
Competent persons at Riga have offered to con-
tract for the purchase of the land necessary for
the Railway (the Crown Lands being assigned
gratuitously) at .
.... ••.,, 34.000
The line is to be completed and ready. for traffic
within 44 years from this time. The cost of
Offices, expenses in London, Riga, and Duna-
burg, together with the remuneration of the
Directors in London and Riga, is estimated for •
the above period at.. - -
Price paid for the Concession, Contracts, and pre-
Broker age
liminary expenses, as above .... • • .
an ...d incidental expenses, say ...
...

30,000

48,000
6,000

From the above statement it will be seen that the annual
---.._
Russian Government,
guarantee of £130,000, accorded by £2,143,615
a net reveille
will yield, on the above outlay cif
£2,143,6150Ltehe amortisation
at the rate of 6 profits, independen
estimated at a
fund arid of the of the line, whicyh
large sum, and that the amount required will not exceed
£B3 per share.
It is contemplated to take power in the Articles of Asa°
elation to issue Debentures in relief of the Capital, at such -
rate as will atiord a further benefit to the Shareholders.a
An arrangement has also been made with the Contractors,
by which it is anticipated that a section of the line will be
opened by the 30th November, 1866, from which source a
rving cf £40,000 may be anticipated to the Company on the
Lem of "interest during construction.
lugs Sbare Capital will be paid off at par by annual
whichdraw_
wi
the line. 11 commence one year after the opening of
For further details as to the terms of the Concession, re-
ference
which lime aY be made to the certified copy of the original,
, ,„,_ eat the Comp ny's office for inspection, The origi-
ns' uuyument'
Archives at s is deposited as customary in the Imperial
Articles or c eitl" Petersburg'. An extract of the principal
Applicationacreasi"
Addressed to the% accompanies the Prospectus.
Shares to be made in the annexed form.
tamed unless irectors ; but no application will be enter-
Payne, and Smiths 1
accomPanied with the receipt of Messrs. Smith,
applied for. This ; er £5 per Share on the number of Shares
application not being grgirthnteed
will be returned in the event of the
will be applied towards , and if an allotment is made it
to be made. Payment of £lO per Share then

OFORM OP APPLICATION FOR SHARES.
To be forwarded to 21. Throgrnorton-street, after payment of
the Preliminary Deposit to the Bankers.
To the Directors of the Dunaburg and Witepsk Railway
Company (Limited).
Gentlemen,
paid to your credit, with Messrs. Smith, Payne,
and Smi the yo
of X , I hereby request that you
shares in the Dunaberg and Witepsk
will allot in'
Railway Company (Limi :3(1), and I hereby accept such Shares
ier number that may be allotted to me, and agree
toe any sma
the Articles of Association of the Company when re-
quire'd.—l am, Gentlemen.
Name in full ... ......................... 7, • •
Address in f ull ...... ......................
Date .......................................

LUXURIANT WHISKERS, Moustaches, and
Eyebrows produced in a few weeks by properties
ELLIOTT'S TONIC LOT lON, the stimulative
of which are unfailing in their operation. Thomas Elliott
Invites a trial from the most sce_ptical, that they may be con-
vinced of its Infallible power. Price 3s. 6c1., ss. 6d., 10s. (id.,
and 21s. Forwarded on receipt of postage stamps.—Thomas
Elliott,' hafrgrower (first floor), 51, Fenehurch-street.:-.T.
Itigas 41 10e.