The Sun.
London, England, 1853-08-12 00:00:00

THE CASE OF LIEUTENANT ENGLEDUE.

The select committee appointed by the House of Com-
mons to inquire into the circumstances under which
circular, sent to the superintendents of her Majesty's
dockyards, dated September 26, 1849, was cancelled on
the 19th of April, 1852, without any order or minute of
the board ; also, to inquire into the circumstances under
which a letter addressed by Sir Baldwin Walker to Mr.
Stafford, as Secretary to the Admiralty, in which letter
Sir Baldwin Walker tendered his resignation as Surveyor
of the Navy, was withheld from the board ; also, into
the circumstances connected with the appointment of
Mr. James Wells as master-smith in the dockyard at
Portsmouth, the subsequent cancelling thereof, and the
appointment of Mr. George Cotsell in his stead ; and
generally into the exercise of the influence and patronage
of the Admiralty in the dockyards and Government de-
partments connected with the several Parliamentary
boroughs, and to whom the return respecting the case
of Lieutenant Engledue, R.N. (presented 11th of April),
was referred ; and who were empowered to send for per-
sons, papers, and records, and to report their observa-
tions, together with the minutes of evidence taken before
them, to the house ; and who were instructed to con-
sider the said return, and the circumstances connected
therewith, and to report their opinion thereupon, have,
pursuant to their said intruction, further considered the
matters to them referred, and have agreed to the follow-
ing report :
It appears that Lieutenant Engledue was struck off
the list of the Royal Navy in the year 1840, and that,
after having made several unsuccessful applications for
restoration, he was replaced on the list in January, 1853.
The question, therefore, which has been referred to.
your committee, and upon which they are required to
report their opinion, involves two considerations :
First, whether Lieutenant Engledue was rightly re-
moved from the list in 1840?

Secondly, whether he was rightly restored to the list
in January, 1853 ?

In the bear 1840, a notice in the usual form was sent
by the Board of Admiralty to Lieutenant Engledue, ac-
quainting that officer that he must hold himself in readi-
ness to serve. In reply to this notice, Lieutenant En-
gledue wrote a letter to the Board of Admiralty, stating
that if he were to be appointed a commander, he could be
ready immediately ; but if he were required to serve as
a lieutenant he could not accept the appointment, from
the urgent nature of his private affairs. Subsequently
he was ordered to join a ship, which he refused, having
in the meantime, without having applied for or obtained
the permission of the Admiralty, accepted employment
under the Peninsular and Oriental Company. For this
conduct Lieutenant Engledue was struck off the list of
the Royal Navy.

The course pursued by the Admiralty in this case was
in accordance with an invariable rule whenever an officer
declines to serve. Moreover, the letter written by Lieu-
tenant Engledue was an additional offence, inasmuch as
he endeavoured to impose a condition on the Board of
Admiralty, and to stipulate for his promotion.
All the witnesses concur in stating that Lieutenant
Engledue was justly struck off the list ; he himself ad-
mitted to your committee that his letter to the Admiralty
was indefensible, and that if he had exercised authority
at the Admiralty he should have acted towards any other
officer as the Board of Admiralty had acted towards
himself.

During the following years, Mr. Engledue made nu-
merous applications to be restored to his former rank in
the navy. These applications were by successive Boards
of Admiralty refused. In the month of June, 1852, the
late Board of Admiralty twice declined to entertain his
application. Undeterred by these refusals, Mr. Engle-
due forwarded another memorial to the Admiralty, on
the 30th of November, 1852 ; and upon this occasion
the board decided that the case should be again specially
considered, and that for this purpose the papers should
be circulated amongst the members of the board, so that
each lord might have an opportunity of separately re-
viewing their former decision.
It has been stated to your committee that the Lords
of the Admiralty did not agree as to the course which
should be adopted, but that four lords, the majority of
the board, decided in favour of the restoration of Mr.
Engledue to his former rank in the navy. This decision
was on the 22d of December, and, accordingly, on that
day a letter was written by the direction of the board,
informing Mr. Engledue that he was at liberty to memo-
rialise her Majesty in Council for restoration to the rank
-of lieutenant. On the 3d of January, 1853, the Lords
of the Admiralty recommended her Majesty in Council to
comply with the prayer of the memorialist. The Order
in Council sanctioning the restoration of Mr. Engledue
was dated on the 4th of January.
Your committee endeavoured to ascertain the practice
of the Admiralty in regard to the restoration of officers
who had been struck off the list. Lieutenant Engledue
mentioned some instances, and although in many par-
ticulars his information was proved to be erroneous, yet
it appears that in so-ne cases officers have been struck
off, and afterwards restored to the list.

The Lords of the Admiralty who concurred in the
restoration of Lieutenant Engledue state, as the grounds
for their opinion, the admitted ability of that officer, his
acknowledged efficiency, which is proved by several tes-
timonials in his favour, and the length of time during
which he has been deprived of his rank.
On the other hand, it has been stated that Lieutenant
Engledue had committed a grave offence by his letter to
the Admiralty, as well as by his refusal to serve, and
that the circumstances attending his refusal aggravated
his fault. It is said that his restoration will afford a
precedent for other applications, and will be injurious to
the interests of the service.

Lieutenant Engledue was restored to his former rank
without having acknowledged the impropriety of his
conduct, and without having expressed any regret for
his letter of August, 1840. It appears from his state-
ments to your committee, that, notwithstanding his re-
cent restoration, he is not now at once prepared to
serve, and that if he were ordered to join a ship, his
compliance with such an order would be a matter for
his own consideration. He regards his previous services
as entitling him to the boon of half-pay, without refer-
ence to any future obligations.
_ _

It is obvious that this opinion of the purposes for
which half-pay is granted is neither in accordance with
the usage of the service nor with the intentions of Par-

liament.

Your committee directed their attention to the

time at which the letter was written authorising Lieu-
tenant Engledue to memorialise her Majesty in Council.
This letter was written on the 22d of December, 1852.
The late Government had, on the previous 20th of De-
cember, announced in- both Houses of Parliament the
resignation of their offices. Your committee have not,
however, heard any evidence which shows that this
favour was bestowed from any political or unworthy
motives.

Since by the terms of reference your committee are re-
quired to report their own opinion upon this case, they
must observe that they consider Lieutenant Engledue 's
dismissal in the year 1840 to have been strictly in con-
formity with the practice of the Admiralty ; they do not
underrate the former merits of Lieutenant Engledue as
a zealous and efficient officer, but having ascertained
that Lieutenant Engledue was dismissed in consequence
of his refusal to obey the orders of the Admiralty, and
having heard from himself in the course of this investi-
gation that, although now restored to his former rank,
he still holds it as a matter for his own consideration
whether he will or will not comply with any demands
which may hereafter be made upon him for his services,
your committee are of opinion that the restoration of
Mr. Engledue to his former rank in the Royal Navy
was not a judicious proceeding.

THE NEW BILLINGSGUTE MARKET.—In addition to
the clock placed in one of the new towers forming the
river frontage to the new Billingsgate market, which
has a face on each of the four sides of the tower, and is
illuminated at night, so as to be distinctly visible from
London-bridge, as well as for a considerable distance up THE UNITED STATES.---The accounts from New York
by
and down the river, and which strikes the hours and
describe considerably increased pressure on the
al o f
The importations
ttahtaiot
nrhsaodfjmuast ntuafkacetnu preladc geoods from
frSom-
an
money-
every quarter in deep sonorous tones, affording infinite market, which was likely, however, to be mitigated)y
convenience to the shipping lying off the Custom-house
as well as to the wharfs and other premises at the water
' aFnr aanrrciivsw.
side ; there is a large bell for the purpose
England continued to be
at the time of high water, as an official notificationh but the shipments of specie in return w
the fact to all concerned. This bell, which has puteheansex. siderably below the receipts from ere still con-
into operation within the last two or three days,
l new law, requiring the banks of th California.. The
l e city to make
cited some attention, and is particularly we.
adapted, weekly instead of quarterly returns
on account of its loud and sonorous tone enabling it to operation on the 9th of August, would come into
be heard for a long distance, for its intended purpose.
The
the fact of the accumulationand this, coupled with
LAND ENCLOSURE COMPA.NY.-IRe of specie in the sub-trea-
NETHERLANDS sury being larger than at any •
first annual meeting of the Netherlands Land Enclosure six months, is suffi • period during the preceding
held at Rotherham on the 29th ult., sufficient to account for the temporary
Company wasstringency,
'
when the report of the directors was adopted. With Meanwhile there has been an average fall
of sor 6 per cent. • '
regard to the damage occasioned to
.the first enclo- nt. in the various descriptions of spe-
r last it a culative
securities.
At the same time, the shares of the
sure by the storm of Februa y , ppears that Crystal Palace f •
a contract for its repair and permanent security was 132. The were airly maintained, and were quoted at
made in May ; • while, as respects future proceed- the number of visitors was about 5,000 a-day, and
' it has been resolved to adopt a new system, cash receipts about 3001. or 4001. There was no
ings, later •
and to construct a barrier entirely across one portion intelligence from Mexico, but a letter had been in-
of the company's concession, at a cost of 320,0001., Belled
.in the New York papers from ex-President Arista,
the contractors agreeing out of this to pay 4 per cent. •
dated Liondon, July the 12th, denouncing a forgery by
interest to the shareholders until the completion of the which he had been represented as an advocate for the
work. It is believed that the final results will thus be annexation of Mexico to the United States. From
rendered more certain, and that about 35,000 acres of Texas the accounts refer again to the alleged silverhe
land can be secured within a reasonable time, the cost to mines about fifteen miles from Las Cruces on
e the
the company being 201. per acre. Authority Mexican frontier ; but, after the exposure f the
the was taken .et up an ex
to raise 250,0001. on debentures, and at the same time recent gold stories, it will be difficult to g
the state-
two calls were made of it. each, payable respectively citement on the sultject, morn especially
' iaendieate that
the end of September and December next, at ments are accompanied by remarks wlnictn
total paid up Si. per share, and making the land speculators are at the bottom of . , and that one
rendering, it is stated, •effect quietly a further oc-
any further contributi( n Et ecessa
.is to .
asserted
.„.rY• territory. The mines are .
MELANCHOLY OCCURREINCE.— r eat d cupation of Mexican
south, the ore being
er ay morning, as to extend about 40 miles north and .
an elderly gentleman was hurrying - and apparently inexhaustible.
100 station, in order to catch the first of great richness,
MANUFACTURING ESTARLISIIMENT.—A build-
.Htrain for Ports- LARGE
mouth, he was perceived to stagy ecompleted at Dukenfield, on the borders
seeded in gaining the steps Ofg r*
e, however, sue- ing has just been .
the larg,e dimensions of
one of the houses in of Lancashire and Cheshire, of
Great Charlotte-street, on which he by 94 feet wide, and four stories high, with
so, when a policeman of the L divisions?.t for a minute
hisor 130 feet
warehouselon
attached 82 feet long and 48 feet wide. It
assistance, and endeavoured to raise him, wenttoa
been erected by a Mr. Wainwright for a cotton fac-
and ascertain , has
his residence ; but the unfortunateandwhen in full work will give e mployment to a
man was found to be ; tory,
_ speechless. I large number of hands.

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THE CUSTOMS BIL 1k
The following remarks on the above-nam . se.m
contained in a circular from the City Committee for
Reform of the Customs :
At a meeting of the committee, held at 19, Swithin's•
lane, Monday, August 1, 1853, it was unanimously re-
solved :

1. That the Customs Bill, printed with the amend.
ments, proposes a more comprehensive title for the act.
2. That it is accompanied by a bill repealing previous
acts, and giving a schedule of those acts.
3. That it restricts the withdrawal of an agent's
license to cases of fraud and misconduct (cl. 16, line 40,
as amended).
_ _

4. That it requires a copy of the order of dismissal,
stating the cause to be served upon such agent (cl. 16,
line 41, as amended).
5. That it includes the withdrawal of agents' licenses
in the cases for the Commispioners' Court (cl. 31, lines
13, 14, as amended).
4. That it erasles parties to be heard, before what is
termed the open court, by their agents (cl. 34, line 2, as
amended).

7. Thi4 it requires the decision of the board, upon the
commissioners hearing of the case, to be delivered in
open court (el. 35, line 24, as amended).
8. That it gives parties a right of appeal within a
week of such decision (el. 35, line 40, to the end, as
amended).
9. Taal, it omits clause 106, which required the im•
porter or owner to be liable for all deficiencies and duties
upon goods, unless upon every change of hands they
were re-warehoused in the name of the new owner (el.
106, in bill as first printed).
10. It brings all cases, where either the duties or
penalties claimed by the Crown do not exceed the sum
of 1001., Within the jurisdiction of the county courts
(cl. 260, line 3, in bill as amended).
11. That it extends the time for taking proceedings
against officers, for acts done in execution of their duty,
from one to two months, and gives single instead of
treble costs in case of a verdict against the plaintiff (cl.
314, lines 31 and 41).
12. That all orders made by the Customs during the
year shall be printed (el. A, 852, amended.)
That the above amendments in clauses are all more or
less important.

That the committee consider the Repealing Act, sche-
dule of Acts repealed, and the synopsis of Customs
Consolidation Bill of 1853, setting forth the unrepealed
clauses of existing acts, and the reasons for their tempo-
rary continuance, as giving much useful information, and
more practical value to the act, than it possessed when
considered at their meeting held on the 14th of last
month. _ _

That the committee have been informed that a Trea-
sury minute will be issued upon the appointment and
all who have had reasonable
promotion otfhoeffiricgehrts,togivbie exam
n
experience giving all
for promotion, and
estallishing the rule, that of every five vacancies occur-
ring in the landing department, two shall be filled up
from the weighers, lockers, and tidewaiters of experi-
ence and known excellence of character, who shall have
obtained certificates of examination.
That the subjects for examination for the several classes
of officers are to be published, and laid upon the table of
the House of Commons, as a sessional return.
That in the estimates for 1854, the whole of the pay-
ments now permitted to be made by the revenue are to
beincluded in the votes, and that thenceforward the
gross revenue is to be paid into the Exchequer.
That the committee consider these valuable conces-
sions to Customs reform.
That the bill is still deficient upon the following es-
sential points :
I. It omits mention of the right of appeal of an agent
to the open court (cl. 16, line 53).
11. It does not render the open court sufficiently ac-
cessible to be of practical business utility.
111. It does not define what court in the city of Lon-
don, where there is no county court (and the Lord Mayor's
Court could but rarely be satisfactory), is to be the court
of appeal from decisions of the Customs court, or of trial,
in cases where the penalties or duties do not exceed 1001.
IV. It does not state that counsel may attend for par-
ties before the Customs court ; the term agent is not
sufficient. Unless counsel be specifically named, the
rules of the profession would prevent their attendance
(cl, 34, line 2).

V. It does not relieve the importer or owner from all
liability of goods under the lock and key of the Customs,
and to which he has no access unless in charge of a Cus-
tom-house officer (cls. 103, line 19 ; 104, lines 2 and 3).
VI. It does not enact that all liability, alike of impor-
ter, owner, and warehouse-keeper, shall cease upon the
delivery of the goods from the warehouse by the Cus-
toms.
That for the amendment of the bill in these particu-
lars, it is essential--
1. That the 31st clause, instead of giving full power
to the Board of Customs, in the first instance, to hear
and determine all cases, shall be so framed as to make
it possible for parties obstructed in their business by
any proceeding of the Customs to come at once before
the commissioner in open court, and have the point
heard and determined, and the right of appeal reserved.
The delay, and trouble, and waste of time of the present
system of memorials, lead those who have business at the
Custom-house to submit continually to ignorant, over-
bearing, and obstructive conduct on the part of the
officers, and unjust decisions on the part of the
board. The open court, as it stands in the bill,
would be open only through the same system of
petitions, and would not meet the wants, either o
the commercial community or of the Customs. Ther
can be no difficulty in having a Court of Customs
as open as the Lord Mayor's Court, or a police-
office. That for this purpose clause 31 should enact—
That cne commissioner shall sit daily in a convenient
apartment appointed for the purpose, and having, in
plain letters, upon it, in sonic conspicuous place, the
words, " Court of Customs," to hear and determine any
dispute which shall arise between any masters, or owners
of ships, merchants, importers, consignees, shippers, or
exporters of goods, or their agents, and any officer of
Customs, with reference to the seizure, or detention, of
any ship or goods, or duties upon deficiencies of goods
in bond, or to any apparently accidental omission, inad-
vertence, or non-compliance with the laws or regulations
relating to the Customs, or touching the withdrawal of
agents' licences, in the same manner as such inquiries
are conducted before justices, with the same freedom of
admission to all parties, and the same rights to plaintiff
and defendant to eN•amine and cross-examine witnesses,
and be heard by their counsel, solicitors, and agents.
2. That clause 33 will require to be amended, so as to
provide—That,
nevertheless, where no such hearing
shall, in the first instance, be had, and any such master,
owner, merchant, importer, shipper, exporter, or agent
shall feel himself aggrieved by the determination of the
Commissioners of Customs in any of the cases aforesaid,
or have any ground of complainant against any officer
of customs in respect of anything done or omitted to be
done by such officer in or about the execution of his
duty, the party so feeling himself aggrieved, shall upon
an application in writing to the Commissioners of Cus-
toms, which application shall state the substance of his
complaint, or the reasons of his dissatisfaction with such
determination, be entitled to have the facts and circum-
stances of such complaint or determination inquired
into before the commissioners in open court, on a day to
be fixed for the bearing.
3. Clause 34 may be entirely omitted.
4. That clause 35 be amended—The commissioner so
hearing the case shall be at liberty to consult with the
other members of the board ; the commissioners shall
either determine to prosecute, if they deem it a proper
case of prosecution, or decide the case upon such evi-
dence, and make their order thereon accordingly, which
order shall be communicated by a commissioner in open
court either on the same day or a future day to be ap-
pointed at the hearing for that purpose ; and every order
of the Commissioners of Customs, made upon consider-
ation of the facts, circumstances, and evidence so re-
ported by the commissioner by whom such inquiry shall
have been holden, shall, in case any penalty, or miti-
gated
order
to
oe nhael tpya,
do ro
r forfeiture,
enforced, allsbheofe0f beeq
uaadlj
force,udged vbayi
tcyh,
are no w o
f
any empowered
such
effect, as any conviction for penalties which any
order by
u
jmusalt.lice,e
ao
nr d
upon justices i
the
production
s
or law
wndWer
the hands of any two or more of the Commissioners o
Customs to any justice or justices of the peace, it
shall be lawful for such justice or justices to enforce such
or ler, in the same manner and by the like authority as
such justice or justices is or are now empowered to en-
force orders under, and by virtue of an act passed in the
11th and 12th years of the reign of her Majesty Queen
Victoria, chap. 43, unless the party against whom such
order shall have been made shall, within one week after
the same shall have been communicated as aforesaid,
give notice in writing to the Commissioners of Customs,
or to their solicitor, that he refuses to abide by such
order, in which case the Commissioners of Customs may
direct such proceedings thereon as they may see fit, or
the party against whom such order shall have been made
shall have the same remedy by action in the county
courts or small debts court of the city of London.
5. That clauses 103 and 104 require amendment, by
omission of all words rendering the importer or owner
liable for duties upon deficiencies.
6. That the following specific clause should be in.
serted :—That upon the delivery of the good the
im-
porter, owner, and warehouse-keeper shall be relieved
from all liability in respect thereof.
It was also further resolved that the committee re-
quest Mr. Mitchell, when the bill is again before the
of the Exche-
quer, so that the subject
the Chancellor house, to put questions to
way
be
brought distinctly
ment of the gross revenue
the pay
before the public, as to
into the Exchequer, and the examination of offices.
That these changes would render the bill acceptable
to the commercial crass h.
em
as an instalment of Customs re-
form. without t
That it cannot but fail of its
intent, and does not merit the cordial support of the
commercial community.

H. L. MORGAN, Hon. Sec.

MR. REIMER'S ANATOMICAL MUSEUM, SAVILLE-HOUSE,
LEICESTER-SQUARE.—This most valuable and extensive
exhibition of anatomical figures and preparations are
now on view at the above locale. The illustrations of
embryology arc on the most comprehensive scale, and
cannot fail to interest those who wish to know how
"fearfully and wonderfully" we are made. The anato•
mica! figures are most beautifully and elaborately exe-
cuted, and display all the functions of the human frame
in the most clear and intelligible manner. The sectional
views of the various parts of the body are equally well
executed. The exhibition is one of a highly important
and instructive nature, and deserves to be carefully
Studied for the valuable lessons it is calculated to im-
part. Whether professional or not, the pathological
treasures here displayed will well repay a visit. Itis a
'splendid scientific collection, and a great deal of general
information is to be obtained from viewing it.

t ,fp
fti -

SUN OFFICE Seven, o'clock.

IMPERIAL PARLIAMENT.

- _
HOUSE OF LORDS—('2MS EVENING.)
The LORD CHANCELLOR took his seat on the woolsack
at five o'clock.