The Sun.
London, England, 1853-04-14 00:00:00

LONDON, THURSDAY EVENING, APRIL 14, 1853.

NEW QUARTERLY REVIEW. No. VI.
Price Half-a•crown.
A Second Edition is now ready, and may be had of all booksellers.

Hookham and Sons, 15, Old Bond-street,

SOCIETY for IRISH CHURCH MISSIONS
TO THE I:OMAN CATHOLICS.
ANNUAL MEETING.
The Annual Meeting of this Society will (9.V.) be h&c'. In Exeter
Hall, on Friday, the 29th of April, 1853. •
The Chair will be taken at 11 o'clock A.ll , by
His Grace the Duke of MANCHESTER, President.
The Wight Hon. Joseph Napier, M.P., Arthur Mills, Esq., M.P.,
Jelin C. Colquhoun, Esq„ Rev. Alex. R. C. Dallas, 111.21„ Rey. Robt.
Biekersteth, M.A., Hon. Secretaries, Rev. Charles F. ‘lacarthy,
M.A., _Ex.-Sch. T.C.D., MitsiOnary;' and others, have engaged to'
take part ht the proceedings.

FRENCH JOURNALISM.

THE SALE OF THE CONS7ITUTIONNEL.
This case, which excited great interest, was on Saturday,
after sundry adjournments, brought on before the Paris
Civil Tribunal. The court was crowded to excess. The
case consists of an action brought by 31. Olympe and 31.
Onesippe Aguado, shareholders in the Constitutionnel,
against M. Veron and M. Mires. for the purpose of having
the sale of that journal ir 7 to the latter
declared null, and of an 7 M. Adamole
and M. Foucalt, also shall "Wren alone,
for the purpose of obtainh gall the share-
holders of 1,900,000 f., the IVL Mires, in-
stead of 720,000 f., which divided among
them. To' both these act I the prelimi-
nary objection,that the Tr risdiction, but
that they ought to be sent
M. Paillet appeared for commenced by
saying that M. Veron ardei 'le case should
be publicly heard, but that ad regard for
the interests of others, rc
_nand that it
should be sent before arh Inc into with
closed doors. He then prc the situation
of the Constitutionnel.. TI , was in 1844
purchased by M. Veron an for 432,500 f.,
and they formed a new con it on. The
number of shares was fixed le of each at
3,0001. The shares were divided among the persons in pro-
portion to their interest in the old. company. M: Wren was
appointed sole manager (gerant) and absolute master of the
journal. He alone had power to trace the political line it
should follow, to choose the personnel, and to modify the form
and price. The further power was given to him of making
over any portion of his authority to iiny shareholder he might
select. But, on the other hand, he was, in certain cases,
rendered responsible for losses, if any, to the amount of
200,0001., and was to be the holder of at least 12 shares.
To cover these losses, M. 'Term was entitled to take half
the profits, and when there were ite losses his share in the
profits was to be one-third. A committee of 7 sharehold-
ers was to watch over the interea f the journal, and the
by-laws enacted that general as • sof the shareholders
should be- ireveated-wfth making, 4ecisions
which should be binding on all the other shareholders;
though absent ; also, that any dispute which might arise
with respect to the company, or to the liquidation of it,
should be judged by three arbitrators nominated by the
parties, or, in default of their doing so in a week, by the
Tribunal of Commerce. The Constitutionnel, thus consti-
tuted, had different vicissitudes of fortune. In 1847 there
was a loss of 290,000 f., and M. Wren took it on himself.
He might then, by the statutes, have resigned the man-
agement, but he did not do so; and before 1850 he had re-
covered the loss. From 1850 to 1852 his position became
further removed. On the 31st of January, 1852, the Com-
mittee of Surveillance, in their report to the shareholders,
stated that they were greatly indebted to him for his ser-
vices, and that his accounts were admirably kept. In 1847
M. Veron sold M. de Morny, for 100,000 f., the half of his
part in the management of the journal, and this fact was
of importance in the events which followed. In 1852 the
fortune of the Constitutionnel changed ; the paper had to
submit to severe financial and political trials. The Moni-
yConstitution t h
eils,
forme
reedd uac e d its
disastrousprice from
competition
both financially and politically. And this was not all • the
Pays, which was on the same side in politics, also reduced
its price to 40f. To these causes of ruin another was
. to
for 4"
the. a ear
added. The Constitutionnel published an article on Bel-
gium, which created a profound sensation in the diplo-
matic circles and among the public. Called on for ex-
planations, it stated that it had derived its inspiration
from the highest sources. The new legislation on the press
armed the Government with immense power over the jour-
nals, and in virtue of it a " warning" was given to the
Constitutionnel. It persisted in its statement, and a second
" warning" was given. After that it might have been said
that the existence of the journal hung on a thread, as it
was liable to be suppressed at any moment, not by the
Chief of the State, but by one of the Ministers. Its
shares consequently were almost without value. It there-
upon became necessary that something should be done,
and on the 19th of August M. Wren convoked the share-
holders, and exposed to them the real state of the enter-
prise. He represented that it would be impossible to sup-
port the competition of the Moniteur and the Pays by
adopting the same price as they had done, and he proposed
a reduction to 32f. That was a bold and able measure—it
was a coup d'etat. At that price a large increase of sub-
scribers was to be expected. 10,000 subscribers had been
lost in the course of a short time, and they would no doubt
come back again, while many others who looked more to
the price of a newspaper than the quality of its contents
would no doubt be obtained. But unfortunately at that
price there was a loss on each subscriber. However, a con-
siderable increase of revenue was to be expected from the
increase of publicity. The reduction of the price to 32f.
was of no importance to the Moniteur, the Government
organ, but it was a terrible blow to the Pays. The cense-
quence,was that the proprietor of the latter journal was
obliged to endeavour to come to an understanding with
the Constitutionnel. M. Mires accordingly went to M.
Veron, and the latter gave this account of the interview
in a memoirs which he had published M. Mires,'
said I distinctly, almost before allowing him to sit
down, will you sell me the Pays? or will you
consent to adopt by a common accord the same
subscription for the Pays and the Constitution-
net? We are making a competition of cheapness
which cannot last ; let us come to an understanding and
live as brethren instead of living as enemies.' I shall be
delighted,' answered M. Mires ; The Pays even at 40f., is
a heavy burden to me; but I am not free ; I cannot give
you a definitive reply to-day." To-morrow, then.' The
next day M. Mires came to me and said, cannot sell
you the Pays, and I cannot even pn,t -an end to tho compe-
tition in cheapness with thq_Cgrt.stittionna.' Surprised,
I asked him the explanation of the enigma. 'Be calm,'
said he, 'I have not concluded—listen to me to the end.
I cannot sell you the Pays, but I can purchase the Consti-
tutionnel from you." The Constitutionnel,' I answered,
'is not exclusively my property, and you will never be
able to buy it. The proprietorship of tho Constitutionnel
is divided into two distinct parts ; the commandite and the
gerance ; the commandite consists of 180 shares, and the
gerance is divided into two parts, represented by the
Count de Morny and myself, M. de Morny having pur-
chased from me for 100,000 f. the half of all the rights and
all the powers which the bye-laws confer on me as gerant.
I cannot do anything asgerant without the approbation of
M. de Morny, nor can he do anything without me. But,'
I added, what would become of me without the Constitu-
tionnel 7 I like work, anxiety, and embarrassment. It is
only at rare intervals that I complain of embarrassment.
If I leave Paris and my affairs at the end of 24 hours I feel
the want of occupation, and gladly resume my harness. I
will be no obstacle to you in any respect, M. Mires, but
my desire is that you shall not remove me from the Consti-
tutionnel, even on condition of paying me a million.' M.
Mires, however, insisted, and r then told him that thefirst
step he had to take was to see Count de Morny. I added
that it would not be becoming in me to estimate the price
which M. de Morny would require for his share in the
management, the greatest reserve on such a point being
necessary. M. Mires, as an active,orrow, enterprising I
will man,
now
said
at once—' I will see on again to-morrow
go to M. de Morny.' The next day he arrived triumphant.
' Everything is concluded with M. de Morny,' said he; for
his half of the gerance I am to give him 500,000 f. It will
thus be seen that, without any intervention of mine, with-
out my saying a word, the value of the gerance of the Con-
stitutionnel was fixed. I had no observation to make, but,
more surprised than aatified, I said to M. Mires—` You
are not at the end of your difficulties. You must come to
an understanding with the shareholders, who are repre-
sented by the Committee of Su Wawa. Shall I ask the
committee to receive you prefer,' said he, that you
shall communicate to them my p ropositions. The ma"'
dice of tho Constitutionnel consists of 180 shares; those
shares cost only 2)500L, though they were issued at the
nominal capital of 3,000 f ; 180 times 3,000 f. make 540,000 f.,
proposes in my name; 540,000 f, for the shares.' I [re-
marked that 3,000 f, er share wouldperhaps be considered
too little; that the Committee of Surveillance was suspi-
cious and exacting, and. that it had already brought an
action against me. Thereupon M. Mires, without hesita-
tion, said,
although know well that no share could now be sold even
.
for 1, Of.' )'
offerlthem 4,000 f , and that will make 720,000 f.,
The mkaoire then went on to state, that M.
Veron, after again representing to the committee the
situation of the journal, and the impossibility of con-
tinuing, without enormous lossets, the competition with the
Pays and the MOnitettr, which had been commenced, com-
municated to them the proposition of M. Mires. Although
(the learned gentleman remarked) the shareholders had no
concern with the terms on which he might treat respecting
the gerance, M. Veron told the committee that he also
should leave the Constitutionnel in the event of their selling
it to M. Mires. The committee received the overtures
favourably, and when they were communicated to the
shareholders, the holders of 171 shares out of the 180 con-
sented to accept them. No general assembly of the share-
holders was, however, called, as the formalities necessitated
by such a meeting would have caused a delay of three
months. Of the nine shares which did not figure in the
list of adhesions, three belonged to 31. Odiot, who was
then in Egypt, and six to the family Aguado. The con-
sent of M. Odiot was considered certain by 31. Veron, and,
as the shares of Messrs. Aguado formed but an impercep-
tible part of their fortune, he thought they would make no
objection. The negotiation then might be considered as
nof e ,gerance arose be-
nearly concluded ; the question
,tttav
answered. M.
understanding with de Morny?" •, e eren. " I
?" saiclamY°llvc..°l7l° to an
twee, sa. M. Veron and M. Mires.
have,.? answered MI Mires "r to Jinn 600,000 f.
for his half of the tainas*emenb- ", ell,
Veron, "I-do not seek for other conditions than those 11.
de Meaty has accepted. Butt must. remark that he is only
the power. On this account I
responsibility, and I have
expenses of •
representation, ,
enses of the journal, I
nominally gerdnt, while am really so—that have the
am allowed 12,000 f, a-year for
obliged to give my articles
and I shall lose them. Moreerenvoetth'inlgatom tahwrie clr.italtrznelt.
receive 10 000 f. It is,
then,
2 I. a-Year which I shall
me pliotrtant operations, said, "What
and I can prove from the books that,
the
et
aofffafrthgE.Bondly,ooo,
as
hallavoewteodiaonsen.trllmy. fmorirte,h.s,
a man accustomed to it. I
offer you therefore 180,000 f. as
you say is perfectly ins
" An arrangement was come to
an indemnity on that score.
Mires himself. As to the
on the basis thus fixed by
delighted; and formal
adeed of sale
shareholders, they were
Th f t
the 17th of November. eac of the sale was
was signed on
announced veri ostentatiously, and more than once, in the
that there was no secrecy, and, if any of
who treated
Constitutionne ; so
The shareholders•
them. were paid,
moment to have made .
Paid, and M. Veron was paid. The sale,
M. de Morny
was
pl ta. But on the 29th of January,
the shareholders had entertained objections, that was the
in short,
which M. Veron could not solve.
had done so was a problem
account of money, as they had not
It could not be on
the dividends due to them from the
1853, Messrs. Aguado Acguomailosputin an opposition to it. Why they
deigned to receivet
several thousand francs were now
Constitutionnel, and
.the books. They reproached
with having exceeded his powers as a gerant,
M. Veron
they accordingly demanded that the sale of the paper
and
and that 65,500 f. should be paid them,
should be annulled,
first
of the C t•
standing to their credit in
/ As to M. Adamole, who held four shares, and
tuticmne
they did not demand the nul-
lityM. Foucalt, who held two,
e forted to it , but they re-
as the price of a share in the company -
of the sale, for they had co s
paidnn the era. nce should. be
ld Theseg two
preten-
sions were contradictory,
and he should be able to show,
when the case was gone into on its merits, that they were
dquiviirceleddthat amongthe lar trsh.areho shareholders.

____ .......1
of no weight. But, for the moment, the sole question
was, as to whether the Tribunal could entertain the case.
He repeated his former observation, that if M. Veron could
gratify his own wishes, he would not object to its jurisdic-
tion in the matter. But he was obliged to object on legal
grounds, as, in the event of a decision being given against
him, he would have to proceed against M. de Morny and
M. Mires ; and they might reproach him with having con-
sented to have the case tried by an incompetent tribunal.
Article 51 of the Code de Commerce was very clear in say-
ing that this was one of the cases which ought to be sent
before arbitrators ; and a clause in the.bye-laws of the
company of the Constitutionnel said the same thing. The
question in dispute was essentially one between partners,
and it aught to be treated in the same way as all such
questions were. It was, too, a mere commercial one, being
relative to a sale and purchase • and on thXt ground also
it ought to be sent before arbitrators, or at least before
the Tribunal of Commerce.
M. Chaix d'Est-Ange, advocate for M. Mires, said that
he was anxious to explain that that gentleman had not, as
might be assumed from what had been said, made a bad
operation in purchasing the Constitutionnel at the rate of
4,000 f. a share, with 500,000 f. to M. de Morny; and
680,000 f. to M. -Wren. He had not made a bad bargain,
because he knew that he could get rid of the two " warn-
ings " that had been given to the journal ; that he could
raise, not only its subscription, but that of the Pays, and
so check the ruin with which it was menaced at 32f.; and
that, as it had 44,000 subscribers, there was reason to hope
that he could increase the number of advertisements,
which had been done. As to the technical objection which
had been raised, he supported it; but it was not necessary
to add anything to the argument of M. Pallet.
M. Hebert then proceeded to address the court for
Messrs. Aguado. He would not, he said, stop to inquire if
the other side were, as they alleged, rather anxious than
otherwise that the case should be' gone publicly into ; but
he believed that they knew perfectly well that the tribunal
wasfully competent to entertain it, though they had pleaded
the contrary. It was necessary to go a little into the acts,
to enable the Tribunal to judge of the question raised.
According to his adversaries, what M. Veron had done was
the simplest thing in the world—he had acted for the eom-
moti interest and it was ingratitudenot to heap eulogiums
upon him. But when he was told that -he had note-the -
right to sell a common' property, he replied that the ques-
tion was one between partners, and as such ought to be
discussed in the dark before a tribunal of arbitrators. His
clients saw the matter in quite a different light. They
considered themselves co-proprietors of an accredited news-
paper, represented by a man who was not only the manager
of it, and of the common interests, but, as he had stated
in his namoire, the guardian of the portion of the pro-
perty belonging to them, for which their father had paid.
65,000 f. Well, that gerant, that guardian, had, with-
out even consulting them sold and delivered the com-
mon property for 1,900,000 f. • and out of that sum
he had given to a friend 500,000 f., and had kept
680,000 f. himself. Besides that, he and his friend had
taken 174?000f. for shares held by them ; so that there
only remained 546,000 f. to divide among the other share-
holders. The portion which fell to Messrs. Aguado in that
sum was not more than 24,000 f., and that for shares which
had originally cost 65,500 f. They accordingly contended
that a sale of property which produced such results ought
to be annulled ; and he submitted that the-tribunal was
the sole judge in matters relative to property. The learned
advocate then went on to remark that it was strange that
M. Veron, who, in the mintoire he had published, had in-
troduced a great many irrelevant matters—one of them an
account of a visit he had made to one of the Messrs. Aguado,
respecting his examination for the degree of bachelor of
letters—had not attempted to prove that he could legiti-
mately dispose of the property in question ; nor attempted
to explain how it happened that, when he had only 31
shares out of 180, he should receive 680,000 f. out of the
purchase-money of 1,900,000 f., and should give 500,000 f. to
a friend for what by his own avowal had cost that friend
only 100,0001. Was not he warranted in saying, in presence
of such figures, that it was not a sale which M. Veron had
effected, but a confiscation ? The learned gentleman then
gave a history of M. Veron's connexion with the Aguado
family. It had commenced by the late M. Aguado, the
father of his clients, having advanced him 300,000 f. for the
caution-money which he had had to deposit as director of
the Opera, and in return for that M. Wren had allowed
him a box gratis. Subsequently, in 1838, 31. 'Wren wrote
a modest letter to M. Aguado, to ask him to assist him in
purchasing two shares in the Constitutionnel. M. Aguado
gave 65,500 f. for one of them, but allowed it to stand
in M. Veron's name. In the changes which subse-
quently took place the share was represented by new
ones, bearing M. Aguado's name. In consequence of
these changes, M. Veron became entrusted with the sole
management of and control over the journal ; but his powers
were not so extensive as had been represented. Thus, they
were limited with respect to all that concerned the pro-
perty, the capital, and the common interest of the share-
holders ; and his administration was placed under a Com-
mittee of Surveillance, which committee shared with him
the right of convoking general assemblies of shareholders.
This being so, it was impossible that he could have the right
to sell the journal without the authorisation of a general
assembly of the shareholders ; at all events, it was im-
possible that out of the price of sale he could justly take
580,0001. for himself ; give 500,000 f. to M. de Morny, and
reserve only 24,000 f. for Messrs. Aguado. The learned
advocate then went on to contend that M. -Peron, in order
to wring from the Committee of Surveillance its consent to
the sale, had represented the situation of the journal as
much more grave than it really was, and had spoken of the
two " warnings" it had received as likely to be perfectly
ruinous to it, though he knew that they were without
danger, as the articles which had called for them had been
written by M. Granier de Cassagnac, and that gentleman
iwas to remain attached to the journal under its new pro-
prietor. ; also, that he know the " warnings" were to be
revoked on the establishment of the Empire, which was
near at hand. There was no necessity, he asserted, for the
reduction of the price to 32f., as the Pays was not a very
formidable rival, and as the Constitutionnel then had up-
wards of 40,000 subscribers, while the Pays had only
10,000. Nor was it true, as had been stated, that the
shares of that paper were at that time unsaleable, as M.
Faucher had sold several for 4,000 f. each. All these facts
caused several of the shareholders to make a formal pro-
test against the sale of the journal on the conditions pro-
posed.
The Tribunal, at this stage of the proceedings, rose,
owing to the lateness of the hour ; and it fixed the further
hearing of the cause for Saturday next. M. Hebert will
then resume his pleading for MM. Aguado.

PARLIAMENTARY DIVISIONS.

HOUSE OF COMMONS.-APRIL 13.

(From the Votes and Proceedings of the House of
Commons.)
COUNTY ELECTIONS POLLS (SCOTLAND) BILL.
Clause 2 (Sheriff with consent of Lord-Advocate, to in-
crease or alter number and arrangement of polling places)
—Amendment proposed, in page 1, lines 14 and 15, to leave
out the words, ' with consent of her Majesty's Advocate
for Scotland for the time being :"—Question put, " That
the words proposed to be left out stand part of the clause :"
—The committee divided ; ayes 64, noes 53.
MAJORITY—AYES, 64.
Aycock, Thorns* Hadfield, George Power, N.
Anderson, Sir James Hayter, W. G. Russell, Lord J.
Atherton, Wm. Herbert, Sidney Sawle, C. B. G.
Brand, H. Hervey, Lord Alfred Scobell, Capt.
Rrotherton, J. Heyworth, L. Smith, R V
Browne, V. Hughes, W. B. Stanley, Hn. W. 0.
Byng, q. H. Charles Hume, J. Stapleton, John
Chambers, T. Ingham, Robert Strickland, Sir G.
Cockburn, Sir A. Johnstone, James Strutt, lit. Bon. E.
Craufurd, E. H. J. King, I'. J. Tancred, Henry Wm.
Crook, J. Kingscote, R. N. F. Thompson, G.
Crossley, F. Langston, J. H. Towneley, C.
Dashwood, Sir G. H. Lockhart, A. E. Whalley, G.
Drummond, Henry M'Taggart, Sir J. Whatman, J.
Duncan, George Milligan, R. Wilkinson, W.
Dundas, F. Mills, T. Winnington, Sir T. E
Dunlop, A. Monck, Lord Wise, J. A.
Evans, William Moncrieff, J. Wyndham, W.
Ewan, William Moreton, Lord
Fergus, J. Mulgrave, Earl
Fitzgerald, J. D. Norreys, Lord
Fitzwilliam, G. W. Oliveira, Benjamin Elliot, John
Grosvenor, Lord R. Phillimore, J. G. Kinnaird, A. F.

TILLERS.

MGINORITY —NOES, 53.
Annesley, Earl of reenall, G. rainier, Robert
Arbuthnott, General Raiford, sir H. Repton G. W. J.
Arkwright, G. Harcourt, Colonel Rushou't, Captain
Baird James Hayes, Sir Edmund Smijth, Sir W.
Barrow, W. H. Heneage, G. H. W. Smith, W. M.
Bentinck, Lord H. Herbert, Sir Thomas Spooner, R.
Campbell, Sir Arch. Hotham, Lord Stanhope, James B.
Carnac, Sir J. R. Irton, Samuel Thesiger, Sir F.
Christopher, R. Adam Kelly, Sir F. Trollope. Sir J.
Duckworth, Sir J. Knatchbull, Wm. F. Vansittart, George H.
Dundee, G. Lockhart, W. Waddington, H.
Dunne, Col.. Lovaine, Lord Welby, Sir G. E.
Egerton, Edward Al acartney, G. Whitmore, Henry
Evelyn, W. J. Macgregor, Jas.
Farnham. E. B. Miles, W.
Fellowes, Edward Michell, W.
Fraser, Sir W. A. Napier, Joseph
Freshfleld, J. W. Oakes, J. H. P.
Gordon, Admiral Ossulston, Lord Mackenzie, W. F.
Granby, Marquis of Packe, C. William Blair, Colonel

TELLERS.

Clause 4 (Poll to be kept open only one day) :—Amend-
ment proposed, in page 3, line 19, to leave out the words
" shall be directed to begin on a Monday or :" —Question
put, " That the words proposed to be left out stand part of
the clause :"—The committee divided ; ayes 61, noes 71.

• —' - - MINORITY—AYES, 61.
Anderson, Sir James Fraser, Sir W. A. Moreton, Lord
Bathes, M. T. Freehtlel 1, J. Nostyn, E. M.
Baird, James Grosvenor, Lord Mulgrave, Earl
Barrow, Wm. H. Hadfield, George Oasulston, Lord
B. nbow, John . Harcourt, Col. Palmerston, via.
Biotherton, Joseph Hayter, W. G. Prime, R.
Byng, G. H. C. Herbert, Sir Thomas Russell, LordJ.
Campbell, Sir A. Hervey, Lord Alfred Sawle, C. B. G.
Chambers, Thomas Johnstone, James Spooner, Richard
.Charterls, F. Kingscote, R. N. F. Stanhope, J. B.
Craufurd, E. Langston, TI. G. Thesiger, Sir F.
Crossley, Frank Lemon, Sir C. Thompson, George
Drurnmond, H. Lockhart, A. E. Whalley, G. H.
Duncan, G. Lockhart, W. Whitmore, H.
Dundaq, G. Luce T. Wise, John A.
Dundas, F. Maule, Colonel Wyndham, William
Dunlop, A. - Milligan, Robert Young, Sir John
Ev..ns, W. Mills, T.
Ewart, William Mitchell, W. MUM.
Fergus, John Moncreiff, James
Fitzroy, Hon. H. Monsell, William Elliot, J. E.
Forster, C. Montgomery, Sir G. Kinnard, A. F.

MAJORITY—NOES, 71.
Alcock, Thomas Fitzgerald, G. Phillimore..T.
Annesley, Earl Forster, M., Smijth, Sir W.
Arbuthnot, Gen. French, Fitzstephen Smith, R.
Arkwright, G. Fuller, Augus us E. Smith, Wm. M.
Ball, John Gordon, Admiral Stapleton, J.
Bentinek, Lord H. Granby, Marquis Strickland, Sir G.
Blair, Colonel Herbert, Sidney Strutt, Edward
Brand, H. Heyworth, Laurence Tomline, G.
Brown, V. liotham, Lord Towneley, C.
Brown, W. Hughes, W. B. Trollope, Sir J.
Buck, Lewis W. Kelly, Sir F. Turner, C.
Carnac, Sir J. R. Knatchbull, W. F. Tynte, Col. C. J.
Christopher, R. A. Lewis, Sir T. Vanslttart, G. H.
Clinton, Lord C. P Lowe, R. Vivian, J. H.
Cockburn, Sir Alex. Macartney, G. Waddington, H. S.
Crook, J, Mackenzie, WF. Walcot, Adm.
Dashwood, Sir G. Macgregor, James Welby, Sir (I.
Davison, H. M`Taggart, Sir J. Whatman, James
Dunne, Micha 1 Miles, W. Wilkinson, W. A.
Egerton, E. Molesworth, Sir W. Wilson, James
Evelyn, W. Mona, Viscount Winnington, Sir T.
Farnham, E. Basil Napier, J.
Feilden, M. Norreys, Lord =wan.
Fellowes, Edward Oakes, J. H. Hume, J.
Fitzgerald, J. Parke Charlea W. Atherton, Wm.

(From the Morning Chronicle.)
On Tuesday night, Mr. Fitzroy gave notice of a
Bill for the better regulation of Hackney Carriages
in the metropolis. The evils, however, connected
with the ordinary and cheaper carriages plying for
hire in and about cities, are not confined to Lon-
don. Wherever the thing is, its abuse co-exists.
Fiacre, Cabriolet, droschsky, vigilante—or what-
ever else it may be called—it invariably brings
with it, in every city of the world, oaths, swindling,
abuse, extortion, violence, fraud, injustice, and
most of the other evils of Pandora's box.
hat is
true pf the cab is, to a considerable extent, true of
the omnibus; and the law of rapine which rules
over terrestial locomotion governs the river no less
than the roadstead. Why this strange social
phenomenon ? Why should travelling be subject
to this fate ? Why should the wayfaring man, on
sea or on shore, in street or in harbour, be reck-
oned a legitimate prey to cabmen, boatmen, and
porters, as caravans are to the Bedouins ? How
comes it that our highly civilised state of society
has not yet, in this matter, emerged from barba-
rism ? And how is it that this social vice espe
cially infests travelling ? What is the subtle con-
nexion between hiring the means of transit and
being, ex necessitate rei, robbed? What is there which
makes a journey and cheating inseparable ? How
is it that society resigns itself, almost without a
struggle, to the caprice and tyranny of that com-
pound of beer and blasphemy, extortion and
obscenity—the true British cabman.
We are well aware that this is no new thing.
Long before the Spectator's time, the slang and
I swindling of the river were notorious. ' We do not
deny that the Cadiz and Neapblitat boatman,'or
the Venetian gondoliers; will outsivindle and out-
swear their brethren at Dover or Gravesend. But
the antiquarian inveteracy or the oecumenical ex-
tent of a nuisance ought to be a reason for resist-
ance rather than for patience. It is not so, how-
ever, in England. All that is needed to conse-
crate an abuse among us is its largeness—its daily
occurrence—its universal impact. We are despe-
rately active about securing the purity of articles
that are consumed by one person in a million - but
to pestiferous air and poisoned water, we, in 'Lon-
don at least, submit with very inarticulate mur-
murs. A nation is convulsed if a foreign ecclesi-
astic calls himself Bishop of this place, or Arch-
bishop of that ; but the millions who inhabit this
great city passively permit their health to be in-
jured, and their property to be destroyed, to the
value of thousands of pounds per day, only because
it is nobody's business to enforce the Smoke Con-
suming Act.
So it is with cabs. Everybody is a rider in cabs,
and everybody feels that the cab driver is the na-
tural enemy of the whole human race. He is a
sort of Fate. Nobody hires a cab but with the
certainty of being cheated. The evil haunts every
family, and infests the daily necessities of life.
Wherever we ride—to church or theatre, to wed-
ding or funeral, to a meeting of creditors or to a
ball—one dark pall of misery, one grim anticipa-
tion of robbery, hangs over the journey. London
streets are as Finchley-common and as Hounslow-
heath—Stand and deliver is the rule of the road.
The moment the door is shut on the pensive travel-
ler, he begins settling whether he shall play the fool
or the hero—whether he shall sacrifice his money or
his peace. His only choice lies between being
swindled and savagely abused. Sometimes, as in
the case of women, the hirers gets both bullied and
cheated. And all this, we must say, is mainly our
own fault. Vicious customs, and our own criminal
weakness, have made the cab driver the savage and
robber that he is. Such has ever been the history
of a social evil, until it got to be so monstrous that
society avenged itself by a revolution. Fees to ser-
vants grew into a tax, and into so monstrous a one
that either society itself or the nuisance had to be
abated—either vails or visiting must cease.
It is with cabs as it was with the extinct tyranny
of flunkies. The evil has reached its zenith. A
necessary of London life is turned into a curse. All
the middle classes are interested in Mr. Fitzroy's
proposition ; and it will be our own fault if we sub-
mit any longer to the continuance of the cab nuis-
ance. When, some twenty or five-and-twenty
years ago, cabs became the regular form of hackney
carriages, fares were apportioned to their cost.
Now that every other necessary of life has fallen
more than one-fourth in value, there is no reason
why cabs should maintain charges which were
ample enough a quarter of a century ago. Six-
pence a mile in 1853 is more than eightpence a mile
was in 1830, considerinc, the difference in the price
of horse-flesh, horse-keep, and carriages. Nor
must the active competition of the omnibuses be
forgotten in settling a new tariff for hackney-car-
riage hire. Free trade must penetrate into the
cabowner's yard, as well as into the farmer's. We
see no cause why the undue profits which we deny
to the grower of corn, the breeder of horses, and
the carriage builder, should be intercepted from the
public savings in order to increase the consumption
of beer. 'backey, and blackguardism at the public-
house adjoining the cab-stand. For we must not
forget that the cab nuisance is an offence against
public morality, as well as an engine of grinding
extortion.
I If cabowners could be taught common sense, they
would see that it is their interest to prevent the
overcharges and savagery of their representatives,
the drivers. Cabs, if clean, and driven by men
who are neither extortioners nor reprobates, might
double their earnings. As it is, people are often
driven to a sweltering omnibus or a fatiguing walk,
in sheer despair of receiving civility or honesty in
cabs. And the unprotected middle-rank women—
all ladies, in fact, below the rank of " carriage
folks"—are driven to choose between staying at
home and a ruinous " clarence for the day." The
remedies, we maintain, are, if not easy, at least at-
tainable; but we must begin with ascertaining the
causes of the unpopularity of cabs. These are,
first, the eightpenny fares, and next, the system of
sub-letting. From the days of revenue-farming to
those of Irish encumbered landlordism, middlemen
have been a curse to the public. The fares may be
easily settled ; but the sub-letting can only be kept
in check by a most resolute co-operation on the
part of the public, together with new and strin-
gent regulations against extortion. We are per-
fectly aware that solitary attempts to remedy
the evil have failed—the drivers have combined
alike against the sixpenny cabs and against the me-
chanical devices for measuring distances. Judg-
ing from our own experience, we should say that
the most available reform would be to cheapen and
facilitate complaints against the drivers. Who can
afford the time, the temper, and the strength re-
quisite to complete a successful complaint against
a cabman, in face of the misery and delay
inseparable from a visit `to a police-court ? But
why not try cheap and summary justice ? An es-
pecial court for offences against the Hackney Car-
riage Act, with the power of levying higher penal-
ties than those at present imposed, may be worth
thinking of. Again, let there be a remedy against
the owner as well as against the driver. An
owner whose drivers are " unfortunate" enough
to be frequently " had up " might be made per-
sonally responsible ; and his license as well as the
driver's, might be suspended.
As prevention, however, is better than cure,
we should do well to provide facilities for ob-
viating extortion which either do not at present
exist, or are only very partially available. Thefares
Commissioners might publish tables of
differently arranged from any now in use, which
would be of great local utility, and' which would
h
find a large public sale. These tables might be in
separate series, .sa-fihat there might be one marking
distances from every authorisedstrdnedn..re
.sFtorect erixasmplees
the Charing-cross or the Fa r.
might register at least 500 distances in every direc-
tion ; and thus, as is found in the case of the railway
stations,' a great approximation 'to ascertaining the
distance travelled would be secured. And this re-
minds us of the secret cause of the disinclination of
the public totheir own rights.. A hirer
vindicate . .
feels pretty con.fident that lie is cheated ; but, being
really ignorant of the distance—say between Dal-
ston-lane and Bloomsbury-square—he generally
pays double, simply because he cannot extemporise
anything better than the merest . guess at the real
fare. And ,then his doubts prevent him from tak-
ing out a summons. Why should there not be an
office especially dedicated to inquiries, where, for
the fee' of a penny, the victim may ascertain the
legal fare ? In a very short time, almost every
conceivable distance could be registered 'Within
threepence ; and with a court specifically
consti-
tuted for adjudicating on cab offences, a
complaint
might be presented and decided at the cost of one-
tenth of the present difficulty and annoyance.
Anyhow, it is the plain duty of the Legislature to
interfere. Means of cheap, speedy, and decently
comfortable locomotion are as necessary to the ac-
tive, economical, and sanitary working of our social
system, as is a fair supply of water and gas. The
State charges itself with the duty of compelling at-
' tention to public morality and safety ; and mora-
lity, comfort, business, and health are alike inter-
fered with by the present condition of the hackney-
carriage trade. The existing law has failed, and. it

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