The Sun.
London, England, 1853-03-02 00:00:00

PROBATE AND LEGACY DUTIES.

Motion made and question put, " That, in the opinion
of this house, real property should be made to pay the same
probate and legacy duties as are now payable on personal
property." The house divided :—Ayes, 71; Noes, 124.

MINORITY—AYES, 71.
Alcock, Thomas Gooderich, Vis. Pellatt Apsley
Anderson, Sir James Goodman, Sir G. Phillimore, J.
Beg, J. Grcenall, Gilbert Philni, Thomas
Biggs, William Greene, J. Pilkington, James
Bright, John Hadfield, G. Pollard Urquhart, W.
Bzotherton, Joseph Hall, Sir Benjamin Price, W. P.
Brown, W. Bea,thcoate, J. Seholefleld, IV.
Butler, Charles S. Heywood, James Scobell, Captain
Cheetham, john Hume, Joseph Seymour, H. D.
Clay, J. Hutchins, E. Seymour, W. i t
Clay, Sir William Kershaw, James Smith, John B.
Cobbett, J. Morgan Kincaird, Arthur F. Stuart, Lord D,
Cobden, Richard Lacon, Sir E. Swift, Richard
Coffin, Walter Laing, S. Thicknesse, It. A.
Collier, Robert P. Lanaton, H. G. Thompson, George
Crook, Joseph Lasiett, William Thornely, T.
Crossley, Frank Lucas, F. Waimaley, Sir J.
Duncan, George M'Canu, J. Whalley, G.
buncombe, T. Miall, E. Wilkinson, W.
Dundas, P. • Michell, W. Wilcox, B.
Dunlop, A. Milner, W. M. E. Wise, J.
Evans, Sir D. L. Michell, T.
Ewart, William MOMS, D.
TELLERS.
Geach, Charles Muntz, G. Frederick Shelley, Sir J. V.
Gioson, T. M. Pechell, Sir G. Williams, IT.
MAJORITY—NOES, 124.
A'Court, C. H. W. Hanbury, Spencer B Parker, R. Townley
Baines, M. T. Heathcote, Si- G. Patten, J.
Ball, Edward Beathcoto, Gilbert H. Percy, J.
Ball, John Henley, Joseph W. t hillimore, R.
Baring. Sir F. Herbert, Sir T. Powlett, Lord W.
Barrington, Viscount Hervey, Lord Alfred Price, Sir it.
Barrow, W. H. liihlyarl, R. Prime, It.
Beaumont, W. B. Borstal!, Thomas B. Robartes, T. J. A.
Bentlnck, Geo. P. Hotharn, Lord Roll, P.
Bethel Richard Ingham, H. Russell, C. W.
Iliddulph, it. M. Kendall, N. Satiric, C. B. G.
Bland, L. Kirk, William Sherid an, R. B.
Brady, J. Latta., R. M. Sibthorp, Colonel
Bremridgo, R. Lawley, F. C. Smith, W. M.
Browne, I alentine Liddell, H. G. Smyth, J. G.
Bruce, Lord Ernest Lind, ay, Col. Smollett, A.
Bruce, 11. A. Lowe, Robert Spooner, n tehard
Cairns, H. M'C almont Mackenzie, W. F. Stanley, 1.1 rd
Campbell, Sir Arch. Mackie, John Stanley, W. 0.
Cardwell, E. Macgregor, James Stansfleld, W. R.
Cayley, E. S. llPTaggart, Sir J. Strutt, Edward
Cbarteris, F. Malins, Richard Tomline, G.
Cholmondeley, Ld. H Martin, John Ti °Hope. sir J.
Clinton, Lord Robert Miles, W. Tyler, Sir George
Cockburn, Sir A. Miller, T. J. Vane, Lod A.
Cowper, W. F. Molesworth, Sir W Vernon, G.
Craufurd, E. H. J. Monck, Viscount Vivian, J. E.
Davies, D. MonereitY, James Walcott, Adm.
Denison, J. E. Monsell, William Wells, W.
Drumlanrig, Viscount Montgomery, Sir G. Whatman, James
Dundas, G. Morgan, Octavius Whitbr,ad, Samuel
Evelyn, W. J. If ostyn. E. M.. Wickham, Henry W.
Ferguson, Sir R. MuLrave, Earl Wilson, James
Fitzgerald, J. D. Mulllngs, J. R. Winnington, Sir T. E
Fitzgerald, W. It. S. Muirough, J. P. Wynoharn, lien.
Fitzroy, Henry Newdegate, C. N. Wyndham, Wilda m
Forbes, William Noel, Gerard James Wyvill, M.
French, Fitzstephen North, Colonel Young, Sir I,
Gladstone, William Oakes, J. 11. I'.
Grace, 0. O'Connell, Maurice TELLERS,
Graham, Sir James Osborne, Ralph
Grev,lle, Colonel .
0 ssulst on, Lord Hayter, W. G.
Grey, .sir t 4.
Palmerston, Viscount Berkeley, Granville
In the division list published yesterday, on the Exami-
ners in Chancery Bill, among the "Noes„' Lord H. Vane
was misprinted-fol Lord A. Vane.
J!',

HARRY MUIR, by the author of "Margaret Mait-
land." 3 vols. The author of " Passages in the life of
Mrs. Margaret Maitland, has for Some time been at the
head of writers of our most sterling works of fiction ;
but, admirable as have been her productions hitherto,
therecan scarcely be a doubt that the readers of her
most recent work, just published, under the title of
.Harry Muir, a Story of Scottish Life," will acknow-
ledge that they have all been excelled. The character
of Martha is a finer creation even than Mistress Mar-
garet ; and Harry Muir, by his very imperfections,
throws the most perfect of imaginary heroes into the
shade. A more touching and a more natural picture of
human life has rarely been produced, and a book of more
instructive reading it would indeed be difficult to find.
MANCHESTER AND SOUTHPORT RAILWAY.--A meeting
of the directors of this company was held on Monday at
Manchester, when a dividend was declared equal to that
to be declared to-day by the Lancashire and York-
shire Company; being virtually a declaration of 3 per
cent. per annum. This closed the business.

LONDON, WEDNESDAY, MARCH 2, 1853.

" Delenda est Carthago I"

The monster nuisance that has so long oppressed
the nation is to be abated 1 The Ecclesiastical

Courts are to be abolished, root and branch, so
that no remembrance of things so vile may be per-
petuated. The Honourable and Learned Gentle-
man the Member for Plymouth has eminently en-
titled himself to the thanks of the country for the
able and comprehensive statement that so clearly
pointed out the magnitude of the existing griev-
ance, and elicited the unanimous approbation of
the House. We say " unanimous," for although
there was some slight difference as to the nature
and extent of the remedial measures essential un-
der the circumstances, there wait none as to
the necessity for reform---a stringent and
searching reform, striking at the very root
of the evil. None are so utterly abandoned as
to be without friends—CAniuunA ! NERO ! had
mourners, who bewailed the. fate of patrons—who,
whatever their atrocities, had been kind to them
personally—who enabled them to enjoy the com-
forts dear to every man, and who, whatever might
be their crimes against • the community, had
merited the gratitude of these humble retainers.
SIMON LEGREE had some of his numerous depend-
ants who regretted his downfall. And even the
Ecclesiastical Courts could not wither away—
" Unwept, unhonoured, or unsung."
Dr. R. PHILLIMORE, the gentleman who re-
placed the late Hon. Member for Tavistock—
unseated for want of the formal and technical
qualification—the gentleman elected by an over-
whelming MINORMY of the constituency, was the
champion who flung his gage in to the lists, pre-
pared to do battle on behalf of the appellant.
He did not, however, break his lance directly on
the shield of his doughty opponent. No ; that
was a feat beyond his powers. He did not ven-
ture to assert the purity or spotlessness of his
protege, he wisely and judiciously attempted to
" ride off on a collateral issue"—to raise another
point by which public opinion might be exercised.
Had ST. JOHN LONG been living and famous, we
might have supposed that the learned civilian was
his favourite disciple. He proved himself a
thorough proficient in the art of "counter-irrita-
tion"—of creating a superficial wound, worse in
appearance than reality, in order to attract the
virus from the more formidable gangrene. Thus
Dr. PHILLIMORE dwelt on the minor abuses,

professing not merely his own anxiety, but
that of " THE. FACULTY," of which he is a distin-
guished member, for their reformation. He would,
destroy those "detestable peculiar jurisdictions,'
concentrating all the power, and all the influence
of the hydra-headed abomination in the Levia-
than atrocity at Doctors' Commons--and thus
bringing additional fish to the nets of his learned
brethren: It would be well to transfer the testa-
mentary jurisdiction over real as well as personal
estate to the Prerogative Court ! Was there lot
a report to that effect signed by men of high cha-
racter and unblemished reputation—and the
names of Chief Justice TYNDAL, of Lord TENTER-
DEN, and Lord WYNFORD were referred to, in
order to push the " argumentum ad verecun-
diam" to the utmost extent. Those distin-
guished jurists, fearing, perhaps, that they would
be unable to root up the baleful upas tree that
had extended its roots so far, were willing W
make some attempt to destroy its poison, and ren-
der it, if not wholesome, at least comparative 4
innoxious. Poison, if sufficiently diluted, nig
become harmless, and thus the eminent men above
referred to might have imagined that, as it was
impracticable under the then circumstances of the
case to eradicate the evil, the next hest
course was to extend and dilute its strength'
so as to render it very much below Pr°°f
but " nous changeons tout cela." The prevailing
enthusiasm is for " legal reform," and the onlY
questions are as to the rapidity with which srA
are to proceed on the course, and possibly as tde
the goal to be arrived at. The Hon. and Learn!
Civilian, the Member for Tavistock, thinks that
the abolition of 340 courts, their power and
;
influence being transferred to the remaining 3
ecclesiastical tribunals, would suffice. We 00.1
cur with Mr. COLLIER, and we believe with
at least 600 of the chosen representatives of the
people in thinking, that such a reform would he
~
worse than useless—that there would still reins:
32 courts too much ; and that they would 0'
prove more onerous and intolerable in propol'o3
to their increased power.
The speeches of the ATTORNEY and SoLicill
I GENERAL showed that it was not the Ecclesiastle73
Courts merely that were in danger. So far as
can gather from the significant limits of the learn
l
functionaries, there is to be " a consolidation °
these conflicting jurisdictions, in order that justice
might no longer be divided into different tie‘
grees, and different qualities." It is, therefore'
be
more than probable that an effort Nr.u.:if
made to effect a complete and perfect fusion 'n
tween law and equity—to enable one jurisdietl°
to render complete justice to its suitors.
COLLIER, under the fair promises that were nit
the auspicious auguries afforded, judiciously 'was
drew his motion, leaving the matter in the hs'P
of Government, but reserving to himself the right
_it
o'f taking the subject up again if it were not deft
with energetically and efficiently. There i 8
doubt, however, that the grievance will be fail
grappled with, and that the Ecclesiastical C 0
will not much longer remain the stain and re'
proach of the British nation—the foul blots °i
the national escutcheon.

Almost everybody nowadays appears to vv
bitten with a horror of war, almost as fantastic in
its effects as those produced by the poison°u 0
forceps of a Tarantula. Inspired by it, 011
v 4
have gone off dancing-mad in a detestation
potentates whom they have been led by their fee'rs,
eci
to regard as the champions of aggression. Actuated
by a yet more impassioned affection for peace, and
,
influenced by a still more deeply-rooted 91'7,,r,
0
rence of contention, others have endeavoured t 0
pour oil upon the troubled waters of Politii
controversy by chanting the praises of inter
national tranquillity. A certain identity of Pit;
ciple is, therefore, actually to be traced betwe_,
Mr. COBDEN and those whose scurrilous vituPTio
tions may be said to have recently elicited r
arguments as a pamphleteer. Mistaken the latter
have proved themselves, to be sure, but sincerely
opposed many of them undoubtedly are in their
conscience to the dogmas maintained by tho°l
who would resort to " Brown Bess " and the
bayonet for the settlement of every dispute be-
tween contending Governments. Whether they
foes of battle have been judicious in their meth:-
of giving utterance to their peculiar preincl.'ege:
and predilections—prejudices against carnivigv,,eisi!
and predilections in favour of arbitration--r flotbut
to be shown by some more ingenious aisP- e
than any of those who have yet •advocs-e a
and
right to indulge at pleasure in indiscriminate
be
unmeasured vituperations. It can scaree''l, •
ko
maintained, for example, with anything 0.
reason, that the best method of securing thienet of
tinuance of quietude in Christendom is .4"'•
us
assailing, with all the vocabulary of opPr°"„ost
epithets, the supreme ruler of the 70
powerful race on the European continent. of
lowing somewhat, however, for the phrenliii
fanaticism, it maybeconceived that th'ere has 11'—aof
lurked, in many instances, under this insolenc'eo.
tone, so provocative of retaliation, a certain of
centric distaste for the once popular professle;si
the soldier. Just, for example, in the sante
as the terror of falling from the brink of au cc
vity is said to prompt the timid not unfreclue eci.
to throw themselves sheer over the edge of a P1:00
pice. Diametrically different has been the C°-
her
pursued by the members of the Peace Society, t 00,
wise known as the Society in favour of Arbitra'ltri
Instead of endeavouring to guard the Neil by
from becoming embroiled with its neighbours, ble
insulting those neighbours upon every
opportunity, these aspirants, for another are 00
nobler age of gold—a millennium born out el.hrifo
blending of Christianity and Civilisation-'d 0.4
sung the panegyrics of universal brotherhoeof
fervently as though they really hoped in a 0
day to bend the spears into reaping-hooks and
beat the swords into ploughshares. Although
have ever confessed, with all our respect for ce,
gentleness of their philanthropy, a total shs,e: of
on our part, of confidence in the feasibililar
the enterprise entertained by these dar dr sic,
ing humanitarians, we must, nevertheless, bat
knowledge a larger sympathy for their utopiall/eOO-
still humane and generous, sentiments, when led
ing
trasted with the insensate folly and fury m •
nits
together in the vapourings of their antageso,4
—the fire-eaters already- particularised.i
preference we have before now proclaimed, Iu
ether
guage sufficiently explicit, to be alto
06,
ti-
unmistakeable. Remembering this, we are gos
fled to observe the cordial coincidence of oP
very recently expressed by the chief o'r o
themonthly contemporaries. Blackwood, hies fi.4
number for March just published, declar
ery
much, plainly enough, duringthe course of a„,,,,ce
intelligent paper on the rival merits (I) 6". • one
and War"—the writer remarking, t,
indeed, 1 ftea
ot
part of his argument (p. 368)—" It is n.,,, s,•that we have the good fortune to side wly'ruvsl
COBDEN, but we cordially agree in his disaPPsider-
of the tone which has been assumed by a 0013
In al
able portion of the press in regard to the I sga
affairs of France"—a sentence by vrhiell able
virtually justifies the whole of the roue' est
pamphlet "1793 and 1853," in terms of ea Nor
and almost unconditional commendation. 000
can we be surprised that our contemporarf to the
speak out thus candidly even in referenceby the
tact and reason revealed in this matter,„ West
Honourable Gentleman, the Member for tu_eeteta-
Riding of Yorkshire, when we bear in rt, both
brans© the manly course adopted throng/I°u pick
by the periodical and the representative, tbis
wood has never, to our remembrance, uPuvranco
vital question of preserving amity between
ire of
and England, under the respective emP
VICTORIA and NAPOLEON, truckled to the we
passions of the mob which have elsewhere,ed to
blush to think, been disgracefully Pandverritish
by English Ministers of State and hY • etlY
journalists. Mr. COBDEN yet more
dish ith
has shrunk from anything like cornPlicit , accents
the latter by raising his voice in indiguan, u,roolicf
against the injustice, and indecorum, and cox
Under
st
of these most odious scurrilities.
siderations, the conduct displayed
West 11•1 str
by the Hon. Member for the eon-
from I's nt
dounds peculiarly to his honour, • dePe
token of his in
104
tuting a signally courageous to be a
ntinue
as Ail
dence ; and although he may co
f obloqui
a while assailed with all kinds in this instance

Ungraceful imputations, the day will ultimately
arrive when his boldness and honesty will, be to
the full appreciated. Happily, it is already be-
coming evident to larger and yet larger numbers
of the intelligent population, that we have not
"counted without our host," as the saying is—
that Mr. COBDEN and those who agree with him
have not calculated without ample reason that
there are guarantees visible in France—yes, even
in France, rather should we say peculiarly in
France--for the continued preservation of peace
between the nations of the Continent. Illustra-
tions of this are each day, as it were, being mul-
tiplied. Besides the diminution of the French
navy by 2,000,000 franes in the amount of the
annual expenditure ; besides the reduction of the
French army last year by 30,000 men, and its
'Still further reduction this year by 20,000, as re-
cce tIY promised by the EMPEROR—there have
been the renewal of the commercial treaty with
Belgium, and the talk of a yet more im-
portant one with Great Britain, and the
marriage with the youthful EUGENIE ; and
last, but not least, the singular hesitation on
the part of the Councils of the Tuileries to co-
operate with the Cabinet of St. James's in a
warlike demonstration in the Dardanelles ! Re-
collect, the plea for that hesitation was an un-
willingness on the part of the EMPEROR to give a
pretext for umbrage to the Northern Powers of
the Continent ! Fortunately, the difficulty in-
volved in this new evidence of the anxiety
of the French Government to sustain, at all
hazard, the interests of peace for Europe, has
been obviated by the happy issue of recent nego-
tiations. The settlement of the quarrel between
Austria and Turkey has dissipated the cloud of
uncertainty that appeared for a moment to augur
a divergence of policy in regard to foreign rela-
tions, as viewed simultaneously from two different
points of view—from Paris and from London.
But obviated though the difficulty is, it has yet,
unlike most difficulties of the kind, left behind it
a not unsatisfactory remembrance. For through
it, as already observed, we cannot fail to recog-
nise the solicitude in behalf of peace cherished by
the French Imperial Government—a solicitude
rendered more noticeable by it than, perhaps, by
any previous incident since the new reign was
first inaugurated. Everything, indeed, appears
to encourage, nowadays, our pacific aspirations.
,Nether with the facts here commented upon
,urietly by ourselves, must be borne in remem-
brance the sympathy expressed only a few days
since for the objects, the hopes, and the principles
of the Peace Association, by the Noble Earl at
the head of the present Administration. A recent
occurrence in Turkey has shown us how war is
recoiled from by the Emperor of the FRENCH—
while a recent occurrence in Downing-street has
revealed how earnest is the homage- entertained
for peace by the Prime Minister of England.