The Sun.
London, England, 1853-03-04 00:00:00

MINORITY-AYES, 101.

Annesley, Earl of Hall, Sir Benjamin Peacocke, G. M. W.
Arkwr:ght, G. Hamilton, Lord C. Pechell, Sir G.
Bailey, Crawshay Hamilton, Geo. A. Pellatt Apsley
Ball, John Hastle, Archibald Percy, J. William
Bass, M. T. Hume. W. F. Pollard-Urquhart, W.
Bell, J. Kendall, N. Repton, G.
Bellew, Captain Kennedy, Tristram Ricardo, J. L.
Berkeley, Hon. C. F. Kerrison, E. C. Robertson, P. F.
Bower, G. Kershaw, James Scott, F.
Bremridge, R. Ring, J. K. Seymour, H. D.
Bright, John Knox, Col. Shelley, Sir J. T.
Christopher, R. Adam Knox, W. S. Sotheron, T. IL S.
..c.346, J. _
_,,,. .Laffan. R._ M. - Stafford.Augiutus
Cobbott, J. Morgan Laslett, William Stanhope, James B.
Cobboid, J. C. Lennox, Lord A. F. Stanley, Lord
Cobden, Richard Liddell, li. G. Stephenson, Robert
Crook, J. Lucas, F. Stuart, Lord' D.
Devereux, J. T. WCann, James Sullivan, M.
Disraeli, Benjamin Macgregor, James Trollope, Sir J.
Du Cane, Charles M` Mahon, P. Vane, Lot d A.
Duncan, George Mande-:Re, Viscount Waddington, H. S.
Evans, Sir D. L. Mitchell, W. Walcott, Adm.

Ewart, Willirm Miller, T. J. Walmsley, Sir J.
FerLason, Joseph Moffatt, G. West, Frederick R.
Forbes, W. Mull'ngs, J. R. Whiteside, James
Forester, Colonel Muntz, G. Frederick Waitinore, Henry
Forster, Sir Geo. M. Murrough, J. P. Wilkinson, W. A.
French, Fitzstephen Naas, Lord Willoughby,,Sir H.
Gardner, Richard Napier, Joseph Wyndham, Gen.

Gaskell, J. M. Newport, Viicouut Wynn, Herbert W.
Gibson, T. M. Oakes, J. H. Wynne, Wm. W. E.
Greenall, Gilbert O'Brien, P.
Greene, J. O'Flaherty, Anthony TELLERS.
GreN:lle, Col. Ossulston, Lord Hume, J.
Hadideld, George Parker, R. T. Williams, W.

MAJORITY—NOES, 159.
Aciand, Sir T. Geach, Charles - Osborne, Ralph
A'Court, C. Gladstone, William Otway, A. J.
Adair, H. Gladstone, Captain Paget, Lord Alfred
Anderson. Sir James ' Glyn, George Carr Paget, Lord George
Baines, M. T. Goodman, Sir G. Palmerston, Viscount
Ball, John Gower, F. L. Patten, J. •
Baring, Sir F. Graham, Sir James . Phillips, John Henry
Barrow, W. H. Grey, Sir G. Phtilimore, J. G.
Berkeley, Adm. Grogan, E. Phinn, Thomas
Berkeley, G. Grosvenor, Lord R. Pilkinston,.Ja*nes
Biddulph, R. M. Ilanmer, Sir John Pinney, William
Blaekett, J. F. B. • .11a-dinge, C. S. Portman, Hn. W.
Bland, L. Hastie, Alexander Price, W.
Boldero, Col. Ileathcoat, John Ricardo, 0.
Bonham-Carter, Jotn Heneage, G. IS. W... Robartes, T. J. A.
Booker, T. W. Herbert, H. A. Russell, Lord J.
Brocklehurst, John Herbert, Kidney ' Sadleir, J.
Brotherton, Josoph Hervey, Lord Allied . Sawle, C. B. G.
Brown, W. • Heywood, James Soally, F.
Browne, Velenthre Boreal], Thoma 9 B. Seymour, Lord
Bruce, Lord Ernest Hudson, George Shafto, R. D.
Buller, Sir J. Y. Hutt, William • Shelburne, Earl of
Byng, G. H. Charles Jackson, William Sheridan, R. B.
Campbell, Sir Arch. Keating, Robert Sibthorp, Colonel
Cardwell, E. Ker, D. S. Spooner, r 'chard
Cavendish, C. C. Kinnaird, A. F. Stanley, W. 0.
Chaplin, W. J. Kirk, William Stapleton, John
Charter's, F. .. Katehbull, W. F. Stirling, William
Cheetham, John Labonchere, Henry Strati, Rt. lion. E.
Christy, Samuel . Langton, W. G. Tancred, 11. W.
Clinton, Ld . Robert Lindsay, Colonel Thicknesse, R. A.
Cockburn, Sir A. Lowden, P. Thompson, George
Cr vast, W. Lowe, Robert . Thoraely, T.
Cowan, Charles Luce, T. Tollemache, John
Cowper, William F. M'Gregor, John Tui nen, H.
Craufurd, E. 11. J. Manna, R. Triraer, C.
Crowder, Richard B. Mangles, R. B. Vanslttart, G. 11.
Dalrymple, Vise. Miles, William Verner, Sir W.
Deedes, W. . Milligan, Bober t Villiers, C.
Denison, J. E. Mills, T. Warner, E.
Drumlanrig, Viscount Milner, W. M. E. Wickham, H. W.
Duckworth, Sir J. Milnes, R. M. Wilcox, 13.
Daft G. S. Mitchell, T. A. Wilson, James
Duff, James . Moleswor th, Sir W. Winnington,Sfr T.
Dunda', G. Monck, Viscount Wise, J. A.
Dr nne,Michael Monereiff, James Wyadham, W.
Ellice, E. Monsell, William Wyvill, M.
Emlyn, Viscount Morris, D. Young, Sir John
Esmonde, J. Mostyn, E. M.
Evans, William Mundy William
Fitzgerald, J. D. Mare, Col.
Fitzgerald, W. Noel, Gerard James
Fitzroy, Hon. H. Norreys, Lord
Forster, M. O'Connell, Maurico Hay ter, W. G.
Fertescue. Chichester Oliveira, Benjamin Mulgrave, Earl

TELLEB9.

noma]
to be
quent

and it
kind o
to con
He she
after t]
be sent
being
prison
of insa

a. The whole conduct of the prisoner proved it
), for it was well known that insanity was fre-
r accompanied by an iMpUlse to commit murder,

was a common characteristic of a crime of this
mmitted by a lunatic, that he made no attempt
cal the truth, but frankly confessed his . guilt.
uld adduce evidence to show that immediately
e birth of the prisoner his mother was obliged to
1 to a lunatic asylum, and that she died there after
an inmate for several years, and also that the
from his youth upwards had shown indications.
city'

-Car line Collier was then called. She said lam a
married woman, and my husband_ is a corn-chandler at
al
Kens New Town. The prisoner is my brother. My
mothe died at ' thelunatic asylum at Wanstead. She
had been there sixteen years before her death. She had
been confined three or four times. The prisoner is
younger than I am. After his .birth my mother was a
lost vtman. She was taken to the asylum about a
year ad a half after that event. Her illness came on
durin4 her confinement.- She had the puerperal .fever..
During . her two subiequent confinements it was
necessary to take .her from home. - My brother
occasionally called upon_ me ; kali- he has been
a wanderer for twelve or fourteen years. As nearly as
I can recollect, the last time I saw him was a month
before phristplas ; that was at my house at Kensal New
Town.l He did not stay at my house more than a quar-
ter of an hour. He was very excited. His conversation
was ulion the Roman Catholic religion. He said there
were men after him who would kill him, whichever way
he would go. He wandered -a long time about my door
before he would come in on each oceasion that he visited
me. I endeavoured to reason him out of his ideas. He
said he considered himself superior to other persons, and
that he would one day have a good deal of money, and
be a gentleman.
Cross-examined by Mr. Cools—l remonstrated with
him for not working and living without a home. He
did not appear to have sense enough to get a living, but
continued to ramble about in idleness. I was in the
habit of giving him occasionally one or two shillings.
Re-examined—l could not reason him out of the
idea that people were going to kill him.
Mr., Cook having brieily replied, •
• Lord Campbell summed up the evidence With great
care aid minuteness. . J

The jury then retired, and, after being absent about
ten minutes, returned a verdict of guilty.
The iprisoner was called on for judgment.
Lord. Campbell then sentenced the prisoner to be exe-
cuted in the gaol of the county where the offence was
committed, Essex.

OLD COURT.—THIS DAY.
(Before Mr. Justice Maule.)

Thomas Golden Vaile, a young man of gentlemanly
appearance, surrendered to take his trial on an indict-
ment charging him with having, on the high seas, and
within the jurisdiction of the Admiralty, caused the
death of a seaman, who was a native of the Sandwich
Islands.

Mr. Ballantine conducted the prosecution, and Mr.
Bodkin appeared for the defence. -
It appeared, from the opening address of Mr. Ballan-
tine, that the defendant was a gentleman of respectability
and fortune, and had up to the time of the occurrence in
question borne a perfectly good character. In the year.
1850 a vessel, called the Peking, was engaged to pro-
ceed to the Columbia River, by the Hudson's Bay Com-
pany ;' on arriving there it ceased to be under the
management of the company, and the captain then acted
entirely under the control of the owners, Messrs. Smith.
The vessel reached the river some time in 1851, and dis-
charged her cargo, and shortly afterwards, either in con-
sequence of the bad navigation, or the state of the
river, she unfortunately grounded, and could not
be wit off until July, 1852. The captain of the
Peking was a Mr. Rigby,' and the defendant
acted in the capacity of chief mate. While
the vessel was lying aground the whole crew de-
serted, and consequently placed the two superior officers
in great difficulty, but being good seamen they deter-
mined to navigate her themselves to the Sandwich
Islands, and on arriving there they succeeded, with the
assistance of the agent of the Hudson's Bay Company,
in getting 15 natives to join the vessel and to aid in
bringing her to England. Among these men there was
one who was known by the English cognomen of Doyle,
or Karlar. On the 2d of September, 1852, the Peking
left the islands, the English portion of the crew consist-
ing only of the captain, mate, and one or two apprentices.
Nothing particular occurred until the. end of the month,
by which time they neared the Western Islands, but
then the weather became very tempestuous, and it was
of course necessary for the captain and mate to keep the
natives at work and to see that they did not neglect
their duty, but as they were very harmless and in-
offensive there could be no apology for. using vio-
lence such as seemed had been employed" in the pre-
sent case. During the continuance of the storm
the occurrence which was now complained of took
place. It appeared that' Doyle was ordered by the
mate to go aloft to reef the sails, but he was scarcely
suited for the work, as he had a club foot, the incon-
venience attending which iwas aggravated by festering
sores

When he had ascended about 24 feet,- the mate
seemed to think that he had not show, a sufficient acti-
vity, and he followed him up, and when at this height
struck him one or two blows with a stick or rope, the
result of which was, that he fell on the deck. He
scarcely appeared to move afterwards, and was allowed
to remain where he fell a considerable time, no attention
being paid to him by the English crew. He was even-
tually removed below by some of his companions, and in
the course of the night he breathed his last. As the
captain treated •it as a natural death, no investigation
was instituted, and the body was therefore sewn up in
a blanket, and thrown into the sea. The Peking pro-
ceeded on her voyage home, and on arriving at New-
castle, the natives were placed in the Sailors' Home in
that town. The secretary of the Hudson's Bay Com-
pany, hearing of their being there, went and visited
them, not with any suspicion, that anything improper
had occurred on the voyage, 'but because he took
a natural interest in the people. They happened how-
ever to tell him a simple story about the death of Doyle,
and he felt it his duty to communicate with the solicitors
of the company on the subject, and they thought it ne-
cessary to institute an inquiry. Messrs. Smith, the
owners, it was but justice to say, threw no impediment
in the way, and the defendant now surrendered to take
his trial for the murder of the man. Though the facts
against him appeared somewhat strong, he (the learned
counsel) sincerely trusted the result would be to show
that an English gentleman was incapable of such an act
as was here imputed.
One of the natives was then examined through an in-
terpreter, who had been some years a missionary at the
Sandwich Islands, and he deposed to the main facts
contained in the above statement. Though the witness
was ignorant of the English language, he was acquainted
with the Scriptures, and took the oaths in the usual way.
The case was not concluded when our report left.

RECIPROCAL TRADE BETWEEN THE UNITED
STATES AND NORTH AMERICA.

in
s thatetdhieni tC:d
The question of establishing a reciprocal trade between
the United States and the provinces of North America
has just been discussed in a report presented to the
House of Representatives at Washington by Mr. Sey-
mour, the chairman of the Committee on Commerce. It
commences by tracing the growth of the traffic between
these possessions and the American Republic down to
1843, when all discriminating duties were removed,
and American and other foreign manufactures and
produce of every description were admitted into
the colonies on the same, terms as British goods.
This measure, it is pointed out, was followed by free-
dom of navigation, except as regards coasting from
port to port, the Legislature of Canada also finally
adopting a law providing for a perfectly reciprocal trade
in natural products whenever the United States Govern-
ated, and for
Govern-
ment should adopt a similar arrangement. The objects
Unitedn
ea:ii
desired
eSoeoantt
~ ley,e American
eestp hrciiaveragingev cohoaelsogt
fisheries.i.
.n 23 A t
mutually to be gained are then descr::)ed as follows :
At present Canadian products, as well :-.s all other foreign
per cent. on the principal articles. Among these are
timber, lumber, ashes, animals, grain, flour, and wool,
goods, pay a duty
as well as coal, gypsum, fish, cod oil, &c. On the other
gating the rivers St. Lawrence and St. John, and of parti-
cipating--_no.imostispo_irt:s:
do not average more than 124 per cent. It is the removal,
therefore, of this disparity, by establishing as far as
haapnedifethetelydfurteieestriamdpeo,
ntshudess possible
which Canada has already expressed heriP
Tthheesammuettuaimlea,
arrangement
enAgemmeernicat
equally with British subjects in the
consequently examined in all its bear' willingnesA, is
mended to Congress as the happiest ings, and is recom-
mended
adopted for the welfare of th measure that can
binding the colonies in a comm e two countries. By
United States it would likewise,commercial alliance with the
opi-
nion of the committee, remove all
is stated, in the
the former for desiring to change reason on the part of
and thus put at rest for their political condition,
contention with Great ever a possible future cause of
Britain.

FatherArehbLisahcoopr dacaitrien hasacting
in beeneone
concert
withered
theto I eaavounriro
theeoti
ris by
the
A few days since,
the church of St. Roque, he was enlawrgi:inci disdained
nobleness of a simple truthful character
crooked
dmee:gnn:
to purchase a temporary success
,gnYiacentbt-lejcet be to
addressing a crowded eTigr7pon
when he exclaimed, " However,. i f the J
o he who, to
f nation, however grand the execution, a i
effect what is called the saving,
4iiß,
nothing but a villaol%ss
• political allusions, n l obvious and severe.
effect this effect, m4es„uTohleN;-C-TM",:in_S__MC!rneta. is himself
contained other

As the time draws near when the East India Com-
pany is to render an account of its stewardship of the
immense territories confided to its charge, and to ask
the supreme legislative authority of England for reno-
vated powers, we feel especially called upon to listen to
what the natives of India have themselves to say of the
Government under which they live ; and we ask with
more than common interest whether the delegated sove-
reignty of Britain has at least conferred upon them secu-
rity, justice, and protection. The case we are about to
submit to the public is one not new to those whom it
ought chiefly to concern, ,for the aggrieved parties have
for some years been vainly soliciting protection in India
and redress at home. But the time is come when the
neglect of the supreme duties of a Government to its
own subjects will bring with it severer penalties ; and
we submit this case to public opinion with the more con-
fidence, inasmuch as the high character of the parties
and the accuracy of their statements are uncontested
even by those who have neglected er refused to obtain
compensation for their wrongs.
Nearly twenty years have elapsed since the represen-
tatives of a wealthy and honourable firm of Parsee
bankers at Bomhay, British subjects, trading under the
names of Viccajee and Pestonjee, proceeded to Hydera-
bad, in the Nizam's dominions, to pUrsue their commer-
cial speculations. They were furnished with express
letters of recommendation from the Bombay Govern-
ment to the British Resident at Hyderabad, who was in-
structed to give them his protection ; and they proceeded
at their own expense to open the cotton trade of Berar.
The success of these operations which raised the amount
of cotton sent from Berar to Bombay in 1836 to
48,000,000 lbs., induced Chundoo Lall, then Minister of
the Nizam, to propose to the firm the chief management
of the cotton districts of Berar, stipulating that they
were, by advances of money as bankers, to supply funds
for the monthly payment of the troops known as the
Nizam's contingent, and, if required, for other State
pUrposes. It will be observed that although these
British subjects had thus extended their operations
to the territories of one of the native Princes in strict al-
liance with the East Indian Government, theywere living
'at Hyderabad, as members of a British commercial com-
munity, under the direct protection of the British flag—
they were engaged in the promotion of the cotton'trade,
an essentially British interest—and they had undertaken
to supply funds for the pay of the contingent—that is, of
troops maintained by[the Nizam for the use of the British
Government in the event of war. Under these circum-
stances, they were constantly called upon to stand be-
tween the—Nizatn'tirxevernment and the unliquidated
claims of the forces, and they were induced to make ad-
vances from the beginning of 1837 to June, 1843, to
the amount of 687,0001., exclusive of interest. The
British Resident at Hyderabad was privy to all these
transactions and advances ; indeed, he was the officer
who paid the contingent, and knew the mode in which
the money was raised. It was paid in bills drawn on
the firm of Pestonjee by the British officers command-
ing brigades over the country. In 1841, the firm, feel-
ing uneasy at the extent of their advances, required
More tangible security than they had yet obtained, and
the Nizam's Minister consented to give them a regular
mortgage on certain districts, yielding a revenue of 110, 0001
a-year, being a part of the cotton districts already intrust-
ed, to their management. This mortgage-deed was exe-
cuted with the greatest formality. An account was
taken of the balance then due to the firm,' which was
admitted by the Nizam's Government to amount to
290,0001.; and this transaction was completed with the
full knowledge and approval of the British Resident, a
record of it being filed in the archives of his office.
We now come to the most revolting part of this case.
In the summer of 1845 a change of Ministers having
taken place at Hyderabad, and the embarrassments of
the Government continually increasing, an armed incur-
sion was made into the mortgaged districts by the
Nizam's troops, acting under the orders of that prince.
The agents were forcibly expelled. At one of the mort-
gaged estates, this attack was conducted by 700 soldiers,
who fired on the people, killing 16 and wounding 15 ser-
vants!of the firm ; and the landed security for the loan
was thus forcibly wrested by the indebted Government
from the hands of the mortgages. The result of this
open act of spoliation was, of course, disastrous to the
credit of the house, which had hitherto stood as high as
any in India. Their banking establishments at Bombay,
Poonah, Calcutta, and Hyderabad were unable to avoid
failure, and vast losses were sustained by their creditors
throughout British India, through no fault of their own,
since they had advanced capital on adequate security to
a Government virtually dependent on the will of the
East India• Company, with the approval of our own Resi-
dent ;' and all they ask is the restoration of a pledge of
which they have been violently dispossessed.
They turned for redress to the Supreme Government
of India, which replied to their appeal in April, 1848, by
a brief minute that "the Governor-General in Council
sees no reason for interfering in any way in support of
their claims." They then came to England to lay their
case before the authorities at the India-house ; but here,
too, though they got fair words, and their right was
undisputed, nothing more was done. They were referred
back to Calcutta for an answer, and when they arrived
there they were told that nothing was to be done for
them. Undeterred by these subterfuges and obstacles,
the native agents of the-,firm have' now a second time
reached this country, intending to remain here until
justice be afforded them.
Although this case is not, we think, devoid of interest
as illustrating several peculiar circumstances in the com-
mercial relations of India, our attention is chiefly drawn
to it by considerations of a higher order. We want to
know whether the Government of India has done its
duty by these merchants, who are its subjects, and who
have frequently contributed to important undertakings
in' the interest of British connexion. This is not a case
of private persons lending money at their own risk to a
foreign State. This money was secured on lani revenue,
and nothing but the- forcible extrusion of the holders by
an armed farce could have taken it from them. They
were therefore openly plundered and despoiled of their
property. The Government to which these advances
were made, chiefly for British purposes, is in reality
wholly dependent on the will of the Anglo-Indian
rulers. The protection of British traders in the Nizam's
dominions is the subject of a formal treaty engagement,
and, indeed, tee Nizam is powerless without the support
of this country. But notwithstanding all this, the Go-
vernor-General in Council sees no reason for interfering
in any way in support of such claims, and this great
wrong has thus far been wrought on some of
the most respectable members of the Parsee body,
having: all the rights of British subjects, with com-
plete impunity. What can be inferred from such
a- state of facts, but that the Government of India
has grossly failed in such an instance as this to exert its
power in defence of right and justice ? It is the more
culpable, because it has the undoubted ability to exact
redress, almost without an effort ' • and it stands con-
victed in the eyes of the people of India of indifference
to any interests but its own. Cases of this kind must
become the subject of searching investigation before the
people of England will consent to restore for a pro-
tracted period a dominion which has produced results so
far below the elements of greatness which our Indian
Empire affords. Public opinion, which the East India
Company have never courted, will ere long overtake them,
for their responsibility is in proportion to their unlimited
power. Had such an occurrence as that we have related
taken place in Europe, we should justly have expected
thatthe naval forces of the Crown would obtain reparation
for an injury directly committed on a British subject by
the deliberate authority of a foreign Government.
But in India, where even the guards round the Palace
of the Nizam are officered by English gentlemen, we are
told that the authoritiei cannot interpose, and even the
home Government has abetted this indifference. In sup-
porting the Nizam's Government, which only subsists by
extortion and pillage, we are ourselves the supporters of
the system of which we complain, and one such case as
this,. well established, ought to be a sufficient ground
for terminating such abuses. Unhappily, the pressure
brought to bear on the Nizam in 1851 by the Indian
Government was for payment of its own claims, and not
to obtain redress for its subjects ; and as this demand
was for a time bought off by an instalment, private
claims of equal magnitude and prior importance are left
to shift for themselves. In the present state of affairs it
depends very much on the people of England and the
British Parliament to say that such things shall cease.