The Sun.
London, England, 1853-04-22 00:00:00

GERMANY.'

The Prussian Gazette contains a letter froill_ :;"
Hanover of the 17th, which says : ---" It Lippeara
that the government has discovered a plot with ex-
tensiVe ramifications. Domiciliary visits • haYA
taken place at Luneburg and Stacie. up to the
present moment only individuals who had endea-
voured to debauch the soldiers have been discovered.
A drummer of the national guard, who some Bayer
past made improper observations-on the Queen wile ;
was passing, was arrested, but the King gave or-
ders to have him set at liberty."
A Berlin letter of the 19th announces the return
to that city of the Marquis de Ben-alova, Ambassa-
dor of Spain, and states that he brought from the.
Queen the decorations of the. Golden Fleece for
the Prince of Prussia the Cross of the Commander
of the Order of Isabella. for Baron de Bozenberg)
and that of Member of the Order of Charles
for Baron de Schenk.

SPORTING INTELLIGENCE.

TATTERSALL' S--;YESTERDAY.

Few subscribers were present, and little business wag
transacted. The principal movement was relative to the
Two Thousand, for which event West Australian was in
increased demand. Early in the afternoon 110 to 80 wall
betted against him, but subsequently several investraeritA
were made on him at sto 4. Ultimately .6 to 5 was taken
about him, and at Ihe close of business he was quoted a
evens "—the field having the " call." 20, 15, and 12
to 1 were laid against Sittingbourne to small sums.
For the Chester Cup 20 to 1 was taken to 1001. abouk.
Scarecrow; and 9 to 1, and finaily 8 to 1 were booked about
Trifle.

The transactions on the Derby were marked by no In
portant change ; 66 to 1 was offered against the Reivor;
1,200 to 1,000 was betted on Orinoco against Cineas, and
Ninnyhammer coupled. Closing prices : • • ,;"
TWO THOUSAND GUINEAS STAKES.
Even agst West Australian (take 6to 5). ••
• 3to 1 agst Oronoco (taken). - • -
• 7 to_
.1 agst Filbert (taken).
Bto 1 agst Barbatus (taken).
12 to 1 agst Sittingbourne (offered). -
ONE THOUSAND GUINEAS STAKES.
sto 2 Sylphine (take 3to 1).
6to 1 agst Vaultress (taken). • „
CHESTER CUP.
Bto 1 agst Trifle (taken). s.
20 to 1 agst Scarecrow (taken). -
25 to 1 agst Ann Page (taken).
50 to 1 agst Gossamer (taken).
DERBY. • • •
20 to 1 agst Umbriel (offered).
25 to 1 agst Filbert (taken). .
25 to 1 agst Hurworth (taken).
30 to 1 agst Cheddar (taken):
40 to 1 agst Speed the Plough (taken).
66 to 1 agst The Reiner. • •

V

MALTON RACES—TuEsPAL
TWO-YEAR-OLD STAKES.'
The President
Lady Ponsonby
Five ran. •
AMATEUR STAKES.
Sweetness
Prince President
Five ran.
MALTON HANDICAP.
Leopold
Hobby Horse

Seven ran.
BIRDSALL HANDICAP.

Toosey
Child of the Mist..
Four ran.
UNION HUNT Cur.
Dress Improver
Prince President
Nine ran.
SELLING PLATE.
Gip
Balleine

IMPERIAL PARLIAMENT.

:OUSE OP COMMONS-(YESTERDAY.)

CITSTOMS' DEPARTMENT.
WILSON,.in rising to present papers in relation to
the recommendationa contained in the report of the Select
Committee on the Regulations of the Customs Depart-
rrt, and to state the views of the Government in relation
ete, said, it would be remembered by the house, and
by
many out of the owe, that about three years ago a
most unhappy controversy arose between the Customs' de-
n ?lent and two of the large London dock companies.
e,.;:°nsequence of that controversy a Parliamentary corn
mid
was moved for by the hon. member for Bridport,
granted, and that committee sat for two years, to
lnire into -the whole management of the Customs department,
and-presented their repeat at the close of the
last session. In that report various alterations were sug,
of in the Customs department, and it was soon
te-`vrwards referred by the Government of that day
tio stbe,„ customs Commissioners, for their observa-
th„ll;- 'ereon. The commissioners Accordingly made
observations and presented them to the Trea-
'll'7 in October last, and on the present Government
etatli,2'g into office in December they found matters in that
1,07. A few weeks ago a most important and influential
4 of city gentlenien waited on his right hon. friend the
aneellor of the Exchequer upon this subject, in which
he,
wok a most lively interest, and on that occasion his
friend promised to that
.deputation that a bill
pose • U
be prepared in the present session, first, for. the pur-
ikv " Consolidating all the existing acts of Parliament re-
i:mg to the Customs,--
and, secondlrfor the plarpose of •
tilisk—`!eing all-the improvements the Government might
fit to recommend to the house. His-right honour-
al: friend also promised that -deputation that the bill
the e
for Printed and laid on the table as early as possible
this " purpose of enabling every person interested in
th most
-mPortant question to consider well and leisurely
Nme -"Provements and alterations the Government pro-
and for the country at large to express their °pi-
l; 2_l' the subject before any actual legislation took place.
ref; wet matter on which the committee reported had
hurl'. to the constitution of the Board of Custom! ;
U4O, that particular subject, important as it might be in
Intr'ori (aid not form any part the. bill he was about to
the the Government not intending to deal with it on
rsiilPresent occasion,, nor was it included in the Treasury
coal he Should lay. on the table that night.• Nevertheless,
/348. assure" the house that the subject was under the
pednleration of the Government; and no long time, he ex-
hebT-t, Would be allowed to elapse without a second minute
goest Passed with the' view of settling that important
Ineaj.°4. He could only state, on this head, that in the
heanThnne the Government had desired that, should any
tillecres occur in the' present board, they should not be
°°4l,llP the whole qgestion was considered, and
.a
on v..1.,-11,°0 come to thereon: (Hear, hear.) The next topic
1ttp,,,.."'0n the committee reported was one interesting to a
rti_nurnber of arsons in this country, and regarded the
ta„trnent and Ppromotion of Customs officers. He was
liapoLnat the committee had thought it right to take that
forte',alit subject into consideration, because, whatever re-
depot' the Government might iritr(Ouce, into the Customs
bleatitn,Tenty their success would be dependent, in a great
carrv:+7, on the disposition and efficacy of the officers to
t4)o 4,1a1n into effect. Therefore, he could not express
tg,n,_llglY- the feeling he entertained that the condition
entie,)," Noddy of men,ought_ to be made in every respect as
Vood4g and advantageous as the circumstances of
.the case
'1134 observationa which the committee
'lotieill this important topic referred chiefly to the exclu-
NCLeertain Customs officers 'from promotion from one
than ariother. -In the Customs establishment no fewer
Were i.'„())4860 persons were- employed, and of these 1,000
44th ''ue position of weighers and lockers, and 1,720
pert Position of tidewaiters; and-the committee very pro-
f:AZ animadverted . on• the fact of these 2,720 particular
tire rs being confined in their- promotion, and under no
mltmd Winces, whatever their merit might be, being per-
;he te pass a certain line. (Hear.) No doubt it was
of t° e that the persons entering the different departments
crud Customs required a different description of ability
„saa ruination upon entering ; but the Government were
thy,,".Pnlion that, notwithstanding the different qualifica-
wiii: required in the first instance, it was not inconsistent
their duty to permit those who might enter qualified
,rt only for a lower position to rise according to their
taZ`Lt to the higher classes. Undoubtedly, in the.evidenc.e
toe 4 before the committee there was very much hen-
wito„
expressed as to the prudence of such a step, but
consulting with the authorities. of the Customs, he
i;:nght he was authorised to say that many of the officers,.
ring made successive advancesinth e lower grades until
they, became superintending lockers, had, from long ex-
perience, acquired so much information, and were in every
respect so deserving, that they might fairly be promoted
`e the higher appointments. In the minute therefore
Which had been prepared by the Government, it was di-
'noted that when any person had been for three years su-
perintending locker, he should be entitled to demand an
tilamintitiim from his superior officer, and that on passingsa-
tisf•
actorily throUgh the examination, a certificate should be
• ens to he forwarded to the Treasury, and that then his
;;Irn hould be enrolled as being at least eligible for pro-
h,-°tion to 'the higher ranks. (Hear, hear.) The Govern-
-64"A' were disposed 'to go still further, and to give to the
n o,,,,,nissioners of Customs the right to nominate or to, re-
ofirend to the Treasury, in respect' to one in every five
lam!' appointments -made, the most meritorious officers as
alen Ing waiters. In making these changes, the Govern-
in 44,_Nvere of -opinion that there was nothing, perhaps,
grey ,aia country More' contrary to the feeling of the
rnass of the people than that there should be
tee:ntions of classes,. and lines' drawn beyond which
114;1 whatever their merit, could not pass—(hear, hear,
tessi';':_alid. when it was observed, in the great pro-
which adorned this country that men rose from the
Part 'e the highest situation, it was though that a de-
oftlaent so large and of so important a character as that
coi,g,a Customs ought not to be an exception in this parti-
the'ro , The GoVerunient also thought that, in remodelling
lag 0.:1140,11S 'establish'ment, they would do much by hold
tieb,antaa fair reward to merit to secure a better class of
kereisi 'land a better feeling between them and the corn-
vice, whc„,,a'sirs, and introduce a better tone into the ser-
a 411raber eP' tile Government would be enabled to effect
referuni to which he should hereafter refer,
`ePieoes
conch the
in their final success. The nea
44th3f • the committee alluded was that of fines andof
h t in -the
then • ewadasminc-iotreteclutnsaaasfaztory presentthsetapteosi-
kere:,,A the Custorias' officers bore in rtrernence toootmhe
reitte classes with respect to this matter.. The
Of intimated, in the first instance, that inconseqeuseimnce.
Posed. I..„"latorns' officers getting the amount of the fines
g°o4 wrong entry,. and half the profits of the sale of
/in tie, seized for undervaluation in the case of am a/m.o3m_
4,11 impression prevailed among the mercantile
aPeeadiat the officers were sometimes rather actuated
by
heviews with respect to their own interest than y
siderations for the interest of the Crown. Howeverhttle
he ,u:ight be disposed to concur in such an imputation, yet
arras wining to admit that there was on the face of the
ca,,:gernent congiderable ground for the suspicion. The
of the offieers, who were in the receipt of from
the "Ca year; . should, however, shield them from
lanai „fge of being actuated by a desire to share in these
IN% ",oiuments, amounting on an average to only 21. a
Vll3, .41-16ut the smallness of the sum was perhaps a reason.
Niab.: Perquisite shoukt no longer be continued, espe
kktitre.' as it created such an unfortunate impression. .The
ttppiief the seizure and stoppages to which these fines.
tad r might be divided into two classes. First, the nomi-
tote de
of goods for inadequate description or non-
the Phance with the law through inadvertence. It was
taeiNtice for these which were called minor or nominal
tiosi?es, that the goods should be seized, but, on applica-
,t 44,,,,..ret0rnedi0 the owner on payment of- a small fine, if
ake-""efed that- the -offence was committed through ima-
ge tf `-'3lnplaint was made that that fine was levied, but
as •14)/Ight it would-be wrong to relax-that system, so far
it
Zent, lest such relaxation might facilitate fraud.
`qiithere, while the:Government could not recommend the
PtlLW,`4Bjollers of 'Oillstoms to relinquish these fines altn-
44es ft-b.' Yet they recerhmended that not only greater facili-
lbs -4„-,°111(1 be afforded for amending the entries, where
giatqlsrnr aPpeared merely the result of mistake, but
sues -should be levied to a very small amount,
Sties. (gear,
officers should have no interest in these
and et 1-u
-ear, bear, hear.) The second class of seizures
Insefe,PPagea had referencelo the detention of goods for
*ere ie'ent
.valuationgoods on which ad valorem duties
.c'tara-''llPcbsed, to goods' tken in smuggling,. and in. the
treat issioll Of decided fraud.' ' The house would perceive a
teeebidistitiction between these two claises,-for in the
11'11411 clam there might, in all the- cases be, and perhaps
thob ,LY there was frau& intended. The Government had
Illectit necessary to emove as mush as possible, the
and -Rs'endences which hadr arisen from the frequent seizure
iltiZPPages goods, in consequence of the ad valorem
1;3" the measure which the Chancellor of the Ex
garifer„nad already explained to the house but, as rei-
Ikpos lithe remainder of these duties, which it was found
akieldaibh) to transfer into any other list, the same rue
the 8,„; a,PPIY as heretofore, With-one exception, that while
asiz,„.-zing officer should in "ai cases, as hitherto, bring the
r• -les before the Commissioners of Customs, yet, what-
hay might be the result of the sale, he himself should
lithe
lres in te profit which was derived froln_
filles.t .and h
satisfactions, therefore, which had
her
been
oeld, paid to the officers connected-with seizures,
of Int as Was at present the case under the Board
glad and Revenue, 'be converted into one common
the which fund
would be disposed of at the end of
eco,ear, either by dividing it 'among all the officers
in
'herrn., °r by giving it as rewards to officers for special
s.(Rcar.) The Board of Inland Revenue has al
the „,,• 'Llgeontintled the practice, because it was found that.
rieeiTol's were not considered by juries as credible.
8 such cases, or, at all eients, as not being sogo
Cons' Wit
esses as they otherwise would' have • been„ they bear g
temldered as interested parties. Now, although the same
otter, 'did not apply' with respect to the Custom.-house
rnighis, Yet he must say that the commercial e,ommuni
.y
deal !jet unfairly consider that the officers who.hi.td to
ioi„ 'with them in re tof their goods had an individual
knist which it were better they should not have ; and no
.i.,`,10t the doing away of such an arrangement would tend
reerctio.°, 'Lice between the-officers of Customs and the corn-
community with whom they came into contact a
taeol. sPirit and a more confidential tone in the manage-
whlief business. (Hear.) But there was one department
aiteratill the Government did not propose to make any
ofdepitrt on on this particular point—and that was in the
vice, Mint athe. Cost-guard. In the Coast-guard ser-
linheewithere the officers were often not only placed in
ger i,, Y situations, but exposed to great personal den-
smuggled goods, the Government agreed
tv "
• committee in thinking that it Would be unwise
n the inducement which they at present had
(RealAr risk and danger in the discharge of their duty.
the ,80 far' then, as regarded the Coast-guard officers,
ferett"ceeeie• want.ages which- they at present enjoyed in re-
lea%taiiwi etie direCt seizures of vessels and goods, where the
distinctly and clearly cases of smuggling, would
the , darned by there. But, with that exception, it was
Infiete?./ention of the Government that the Custom-house
le mini sheulcl hive no longer an direct interest whatever
""s and
sale' 0, 0
_satisfactions, or in any profits. derivedfrom
antiee. •g ,nude seized for undervaluation of ad valorem,
r_angeraZt,__ll??4 that the officers, affected by this. new_
54Proposedw,_IM feel that the other arrangement which it
to 1"
wouldb°
make with respect to promotions in the
affordoodcoro_c, a more wholesome and better stimulus
OM the / than that which they at present derived
Precarious and invidious profits of fines and satis-
;'!io tii,s.t-1-v!,ne'xt head on which the committee had reported
respect to ad valorem duties. After what the
4.,°,n1a be ,u.'"°_/ Zb. Exchequer had said a few evenings ago, it
"oJecti be_.'uocessary for him (Mr. Wilson) to enlarge on this
. canto the house mud have seen that it was the

_

object of the Government, in the arrangement which the
Chancellor of the Exchequer had proposed, to do away as
much as possible with ad valorem duties; chiefly with the
view of getting rid of the difficulties connected with the
entries of goods and the valuation of the Customs duties.
He believed the repoit of the committee would bear him
out in the belief that those duties had been one of the
most fruitful sources of dissension between the commercial
public and the Custom-house authorities—(hear, hear)—
and therefore, whatever might be the necessity for them in
past times, when high duties were charged on all descrip-
tions of goods, it was considered by the Government that
now, when the duties were, with few exceptions, reduced
to small and moderate rates, they might be almost entirely
abandoned. With respect, however, to the few that would
be left, they would still be treated as they had hitherto
been. It would be a question with the GoVernment whether
the 10 per cent. which was at present paid by the Govern-
ment upon goods stopped for undervaluation, over and
above the value the importer put upon them, should not
be reduced to 5 per cent., in order to reduce the limits
within which the persons desirous of sailing as near the
wind as possible might think it safe to enter their goods ;
but the number of cases would be so few, that little incon-
venience would arise whether this regulation was altered
or not. The next point the committee reported upon was
that of seizures and stoppages, and adjudications of them.
With respect to this important subject, it was well known
that it had led to great and very angry discussions but he
was happy to say that the Board of Customs, before the
committee had made their report, had already taken steps
in pursuance of the recommendations that had been made
to them by the committee, and removed two of the
most serious evils which had been complained of. At pre-
sent, a Custom-house officer seizing !goods gave no notice
either to the owner or his agent of the reason why he had
made the seizure, so that the owner, being left in igno-
rance as to the cause of the seizure of his goods, was often
placed in a most embarrassing position. (Hear, hear.) As
early as August last, however, the Commissioners of Cus-
toms published the following notification of their own
accord—a fact which he thought it only fair that the house
should be made acquainted with. (Hear, hear)

Notice.—The Commissioners of her Majesty's Customs
hereby give notice that directions have been issued to the
officers of the Customs in the united kingdom, that whenever
they may seize or stop a vessel, boat, or 'goods, they are to
furnish the owner, when he is known, or his agent, with a
written notice, specifying the grounds of detention."
Therefore, so far as that complaint was concerned, he hoped
it had been entirely met by this notification. It had also
been objected that the Board of Customs was a sort of
secret tribunal, a kind of small Star Chamber—(hear, hear)
—where cases were decided without the knowledge of the
parties interested—(hear, hear)—and where no fair means
were allowed to persons to protect their own property. He
hoped that this complaint had also been entirely met by the
circular which was issued by the board on the 23d of
August last :

" The Commissioners of her Majesty's Customs hereby give
notice that they will be prepared, in any case of seizure in
London, under the Curitoms laws, upon application being
made to them in writing, and where the owner of the goods,
etc., may be desirous of such a course, to appoint one of the
members of the board to take the evidence, on oath, of the
merchants or other parties claiming the property on the, one
side, and of the detaining officers on the other, supported by
that of any witnesses that may be necessary for the proper
investigation of the case, and to report the same for the board's
decision, agreeably to the practice observed in cases of com-
plaints by merchants and otheis against officers."

He need not say that with these two regulations the Go-
vernment entirely concurred. (Hear.) It might be said
that this latter regulation would be inapplicable to the out-
ports ; but the Government had also had that point under
their consideration, and had provided by a treasury minute
that a similar inquiry should be allowed to take place be-
fore the collector or controller at any outport. (Hear,
hear.) He begged also to state, that considerably greater
powers had been extended- to the landing surveyors with
regard to amending entries than •they had hitherto
possessed. Landing surveyors would now, have the power,
in cases of small and unimportant amounts, to maintain
entries, or to allow them to be amended, without a direct
appeal to the Commissioners of Customs, which, in small
and trivial cases had very unnecessarily created consider-
able delay. (Hear, hear.) -He might add that the Govern-
ment had desired that the Commissioners of Customs
should carefully watch how far this experiment was found
to answer its purpose, and, if they saw no reason to object
to it, to take every opportunity of extending similar
powers. The next case which the committee had reported
was one of very great importance. He referred to the law
of costs and penalties. Au impression prevailed that the
Crown and the subject were not placed on an equality in
prosecutions in Customs cases.- Now, the state of the law
was this :—With respect to civil cases—that was, where
the Commissioners of Customs brought an action for the
recovery of bonds,- or where there was a difference of opi-
nion with respect to the law, the Crown stood exactly in
the same position as the subject—that was to' say, the
losing party paid the costs, whether that party was the
Crown or the subject. Then, with respect to the arrears
of day and the recovery of penalties.in cases of smuggling,
which were partially of a criminal nature, the rule 'had
been for each party to pay its own costs. The Customs in
such cases never recovered costs from a defendant, and the
defendant had no claim for costs against the Customs:
But, with respect to a third class of cases, which probably
constituted the great majority of cases—he meant cases of
prosecutions against the Crown for goods seized—undoubt-
edly, as the law at present stood, the Crown was entitled
to demand a bond from the defendant to the amount of
1001. for costs before going into court ; but in case the
defendant was successful he had no claim for costs, whereas,
if the Crown was successful, it had a claim for costs against
the defendant, although in practice it was generally con-
fined to the bond of 1001. taken in tire first instance. On
considering this important subject the Government had
come to the conclusion that, on the whole, considering the
altered tone of feeling of the times of 'which we live, as
compared with the times when these laws were enacted,
the time had come when the Crown Might safely place
itself in the same position as the subject—(hear, hear)—
that was to say, that if the Crown should be found to have
been right it should have a claim for costs, but that if
wrong the subject should have a claim against the Crown.
(Hear, hear.) There were by one of the act; which contem-
plated prosecutions in cases of direct smuggling stringent
powers put into the hands of Government ; and with re-
spect to those powers, he thought it would be unwise for
the Government to give them up ; but, so far as regarded
costs, the Crown and the subject should henceforth be
placed on the same footing. There was, however, one
very important feature of this matter to which he wished
to call the attention of the house. It frequently happened
in cases where vessels or goods were seized that there was
only a nominal owner, or perhaps no owner at all, or some
person was put forward who was incapable of bearing costs
should an action be brought against him. It had been
suggested that, in all such cases, the Crown should be en-
titled to insist that, before going into court, security for
costs should be provided, in case the Crown should be
successful. This appeared, at first sight, to be a very
reasonable proposition, but, on carefully considering it in
all its bearings, he (Mr. Wilson) had felt that, if adopted,
it might perhaps preclude poor men, who were unable to
fnrnish security for costs, from an opportunity of fairly
defending themselves. Considering, besides, that the
Crown was in possession of the goods seized, he thought,
on the whole, that the Governthent might venture to allow
the law to remain in this, as in other respects, as between
subject and subject. (Hear.) But there was another im-
portant alteration which the Gevernment proposed with
respect to prosecutions. It had been suggested by the
committee whether a quicker and more economical tri-
bunal might not be allowed in cases which involved
only small amounts. He thought they would show
themselves not alive to the great advantages which
were being derived from the establishment of County
Courts if they passed over this suggestion of the com-
mittee without feeling that, instead of the lengthened in-
vestigations and loss of time which occurred' in Exchequer
trials, besides the heavy costs, it would be better, in cer-
tain cases of small amount, to make it imperative upon the
Crown to resort to the County Courts, or to some other
local tribunal, as the Treasury should direct, according to
the convenience of the locality. (Hear.) The Govern-
ment had therefore come to the conclusion that it should
be made imperative upon the crown, in all eases where
the duties or penalties to' be recovered did not exceed 1001.,
to resort to the County Courts, or 'such other local tri
bunal as the Treasury might direct. They would, how-
ever, give the defendant the option of removing the case,
to a higher court, if he thought proper, to be tried by a
jury ; and they also propoied to give the Commissioners
of Customs a similar power upon an appeal to the Trea-
sury, because it must be evident to the housethat even in
cases of small amount; there might be large, complicated,
and unusual principles involved--(hear, hear)—but as a
rule they would be obliged to resort to the small court in
all cases where the fines and penalties did not exceed 1001.
(A Member, " Together ?") Yes, together. But they
proposed to go even a step further, and say that, even in
cases which involved a larger amount of duties and penal-
ties than 1001., where the Commissioners of Customs
should certify to the Treasury that, from the simple nature
of the cases, they might be safely left to the local tribu-
nals, the Treasury should be empowered to authorise the
step so recommended. (Hear, hear.) At present also if a
merchant found himself aggrieved by a seizure, and wished
to bring an action, he was obliged• to proceed against the
seizing officer only. Now- this was a serious case,; because
the merchant might have been put to great inconvenience
by the seizure of his goods, and if he found that it was
only a Custom-house officer of an inferior rank against
whom he must bring his action for damages, undoubtedly
he might feel himself placed in an awkward and disadvan-
tageous position. (Hear, hear.) If the law was closely
looked into, it would be found that the seizing officer was
only nominally concerned in such transactions, and that
the real party was the Cemmissioners of Customs ; but if
there was any uncertainty as to the state of the law on
this point—he believed there was none in reference to the
practice—that uncertainty would be removed by the Trea-
sury minute now passed, which made it imperative that
in every action under the 'Customs laws, the Commis-
sioners should be, if not nominally, yet really responsible.
There was another comjlaint which bad been made with
respect to the limit of time within which am action might
be brought against a Custom-house officer or the Commis-
ssbiiint
meirstonnootfbt Cauufnis.fotormemcintsbe.nettiylhtehapeopfeltanbweednow stood, the limit was
causethat ot
bf actione
trial was arising,post-'
poned, and that a delay of 12 months occurred. Parties
were thus placed in a very awkward position from the un-
certainty of the result, and the long delay which took,
place, and were thereby apt to be deterred from bringing
actions. To remedy this evil the Government proposed
that in future the defendant should have the right to bring
an action for damages within one month after the final de-
termination of the court against the subjectp.atitiocpompnla” in
was also made with regard to the law of ‘, re
the case of the Crown bringing actions ; but for this there
was something to be said. At present, in the case of
" civil" actions, the Crown was bound to the limit of six
years, as in every other case ; and, with regard to actions
for offences against the Customs laws, tho right of the
Crown to bring actions was limited to three years in cases
brought in any of the superior courts, and to six months
for those brought before magistrates. He did not think,
therefore, there was any occasion to make any ' al-
teration ii; this respect (Hear, hear, hear.) The next
recommendation of the committee referred to a most
important subject—the transi system. The transit trade
of this country had, for the last few years, exhibited fea-
tures of remarkable interest. It would be remembered that
during the discussions upon the navigation laws, two or
three years ago, one very great, and important advantage
anticipated from the change of those laws was, that they
would be able materially to extend the shipping trade of
Great Britain wiih the United States and other countries
ofprtebveiowusLyldae, sent
Europeantbbyeiirntglouocdinagdireotly
to nthateiavnaariwouhsiephaah-tasd
great inconvenience and expense to themselves, to use the
shipping of this country for the conveyance of their goods.
That anticipation had been realised in a most remarkable
degree. In order to give facilities to this trade, arrange-
ments had been made at the ports of London, Liverpool,
Hull, Goole, Grimsby, and Southampton, -whereby goods
coun-
might be landed from ships arrivin
or g from
d examined might
tries, and without being 'foreign

be dispatched by vans and railway to other ports, where
they were again to be re-shipped. Goods mignt,
for instance, be sent across the country in this manner
from Hull to Liverpool, and they were thus removed
almost directly from one ship into another without being
examined or disturbed. Now, several objections were
raised to this arrangement, the most important of which
were, perhaps, that some description of goods, the impor-
ation of which was altogether prohibited, such as copy-
right books, might in this way be introduced, and that the
Customs laws might be contravened by goods bearing Bri-
tish marks being sent through this country and sold
in foreign countries as British goods. There was, no
doubt, considerable force in these objections • but, after
fully considering them, the Government had thought,
that they could not be sustained, because if people found
it to be their interest to imitate British marks, they
could send their goods direct to continental ports as easily
as they could bring them through this country, and, there-
fore, if they insisted upon opening an examining goods,
such goods as he had alluded to might be sent by other
channels, over which this country could exercise no manner
of control. It had, therefore, been resolved, with reference
to goods in transitu, that theymight be landed and conveyed
by railway, under the superintendence of a Custom-house
officer, from one port to another, where they might be
re-shipped and exported to other parts of the world, with-
out being opened or in the slightest degree disturbed. These
arrangement's had only been in existence about two years,
but they had been attended with remarkable success,
and had exercised a most beneficial influence upon
the trade of this country. The following was the
quantity of foreign goods which had been entered
for trans-shipment in this country in the year 1852 :
Butter, 203 cwt. ; cheese, 5,026 cwt. ; corks, 15,040 1b..;
grain (all kinds), 1,641 ow. ; ditto, 8,637 quarters ; glass
(all kinds), 44,416 cwt. ; ditto, 131,598 lb. • spirits (all
kinds), 400,852 gallons • sugar, 21,482 cwt:. ; wine (all
kinds), 78,874 gallons ; tobacco, 1,474,160 lb. ; but, in addi-
tion, articles not requiring specification, comprising silk,
leather, woollen and cotton manufactures, watches, per-
fumery, confectionary, and other manufactured goods to the
value of 3,414,4511., had also passed through this country
during the last year. In the very last month (March), the
value of goods entered under the latter description was
420,0001., or at the rate of 5,000,0001. per annum. Now,
the effect produced by this traffic on the shipping trade
of Liverpool was very remarkable. He would take two
periods; the one previous to the repeal of the navigation
laws, and the other since these new facilities were afforded.
In 1845 the total British shipping entered inwards and out-
wards amounted to 1,833,449 tons. The total British and
foreign shipping entered inwards and outwards in that year
was 2,819,014 tons. In 1848 the total entries of British
shipping showed a slight decrease, for they amounted only
to 1,817,000 tons, the total entries of British and foreign
shipping being 2,924,000 tons. The increase in the
total entries was, therefore, between 1845 and 1848, 105,000
tons. Now in 1852 the amount of British shipping entered
inwards and outwards at Liverpool had been 2,185,000
tons, and the total entries of British and foreign shipping
bad been 3,785,000 tons, so 'that the increase of British
shipping between 1849 and 1852 had been 868,000 tons, and
the total increase of shipping 861,000 tons. (Hear, hear.)
He did not mean to say that this increase was to be entirely
attributed to the transit trade, but when they took, it in
connexion with the fact that goods of the value of about
5,000,0001. were annually in transitu through this country,
he thought a very large portion of the increase might be
attributed to the transit trade. (Hear, hear.) It was,
therefore, the opinion of the Government that every pos-
sible facility, under which the revenue of the country
might be defended from risk of fraud, should be afforded
for the extension of the transit trade. He thought when
they had exposed the shipping interest, to competition with
all the world, that it was their first and bounden duty to
afford that interest to all those facilities which might make
them the carriers of the world. (Hear, hear.) They had
this advantage—that, whereas many continental countries
were so unwise as to impose transit duties, not onlydid the
British Government impose no transit duty, but they went
to considerable expense in order to afford all possible
facilities for the transit of goods ; and the Treasury minute
called upon the Commissioners of Customs to extend those
facilities which had been partially given with regard to the
towns he had mentioned to every town where railway
communication existed and where transit was practicable.
In the case of Grimsby, and all the ports on the eastern'
coast, the arrangement made was that upon the arrival of
a ship the cargo might be immediately removed to railway
vans, and conveyed by railway, in charge of a Custom-
house officer, across the country to Liverpool, where it
might be reshipped for the Brazils, the -United States, or
any other part of the world without being disturbed. It
was now necessary that each individuallproprietor of goods
should give bond to the Custom-house for the amount of
duties to which such goods would be liable ; but in order
to increase the facilities of transit the Government had
provided that one single bond should be received from those
railway companies who were willing to give it; and the
companies would be held responsible for the safe delivery
of the goods in a bonded port or dock. The committee
had suggested that a similar, facility should be afforded
with regard to coasting vessels, but he was sorry to say
that the Government felt it impossible to comply with that
suggestion. There was a great deal of difference between
sending goods coastwise in small vessels and sending them
across the country by railway in charge of Custom-house
officers. If they allowed goods to be re-shipped in coasting
vessels unexamined, they would not know the contents of
the packages, which might be tobacco or anything else,
but entered, perhaps, as flax ; and such a system would,
undoubtedly, open the door to very extensive smuggling.
With regard to goods which had been examined, however,
the Government did not intend to withdraw the privilege
which now existed of removing them from one bonded
warehouse to another, either by coasting vessels or by rail-
way. The Government proposed to introduce another im-
portant modification which was not recommended by the
committee. At present, in the case of large transactions
between London and Liverpool, when goods were removed
in bond, tho merchants so removing them had again to
give sep :rate bonds for every transaction, and until • very
lately they had to give bonds for double the amount of
duty. He thought it would very much facilitate these
transactions if one single bond was given, to run from time
to time (as we understood), and covering a certain amount
of transactions. (Hear, hear.) He hoped the great success
which had attended the facilities that had already been
afforded with respect to the transit trade would lead the'
house to support the Government in extending these
facilities still further. The committee expressed their opi-
nion that there was no fiscal reason why the importation of
arms of all kinds in transit should be prohibited. In that
view the Government agreed, and therefore arms would in
future be allowed to pass through this country in transit,
but in each case the party importing would be required
to obtain a Treasury order, as an intimation to the
Custom-house officers of the extent and character of the
transaction, that no improper use might be made of the per-
mission. The Treasury orders would be issued as a matter
of course, and were only intended as a precaution to prevent
the law from being contravened for political or other pur-
poses. The committee made some observations in the re-
port as to the size of packages, and suggested that with
respect to goods to be exported there need be no restriction
on this point. With regard to spirits, tobacco, and some
other articles, which presented great facilities for smug-
gling, the law provided that they could not be imported in
packages below a certain size. He thought the mere cir-
et:insne° of goods being imported with the object of being
exported could make no difference as to the opportunity
afforded for smuggling. Suppose a ship approaching these
shores was boarded by Custom-house officers, who found
that the cargo consisted of brandy in small casks of five
gallons or ten gallons, the captain might say, " Oh, this
brandy is for exportation, but the officers' would have no
means of knowing whether it was intended for exportation
or for home consumption. The present practice of the
Custom-house, however, he thought entirely met the views
of his hon. friend (Mr. Mitchell) because specified regula-
tions had been sanctioned by the Treasury, under certain
securities, for the introduction of brandy and some other
articles in very small packages for the purpose of being re-
exported. . If, therefore, persons wished to export brandy
in casks of 15 gallons, or wine in cases of one or two dozen,
for exportation to Mexico, Peru. or Chili, they were
enabled to 'do so; but it was clear that if there was a gene-
ral regulation, whole cargoes of goods might be introduced
in small packages, ostensibly for the purpose of exportation,
but really for home consumption. The next point was
with regard to fines on shipping, and on this subject the
committee reported :
" Your committee are of opinion that the criminal respon-
sibility of the crews of vessels for an act of smuggling on their
part, ought iu most cases to be a sufficient security to the re-
venue; and that it is therefore not expedient to detain the
ship or to fine its owner, expecting when the fraud has been
committed by the captain or chief-mate, or when such exten-
sive preparations for fraud have hien detected as to argue
great negligence on their parts."
In that recommendation the Government entirely con-
curred, but he believed the practice at present coincided as
nearly as possible with the recommendation. The act of
Parliament provided that, if it should be made to appear
to the satisfaction of the Commissioners of Customs that
smuggled articles were on board a vessel without the know-
ledge or privity of the owner or master, and without wilful
neglect of reasonable care on their behalf, the commis-
sioners were authorised to deliver up the vessel to the
owner or master. He had made special inquiry on this
point, and, as far as he could ascertain, it was the rarest
possible thing for vessels to be detained unless it was quite
clear that the captains and owners were implicated in the
fraud. If it should be found that the present law was not
sufficient to carry out the spirit of the recommendation of
the committee, he would' be quite ready to consider 'any
suggestions which might be made for its improvement.
The next point of the report was one of extreme import-
ance, relating to the bonding or warehousing system—an
institution to which they were, perhaps, more beholden
than to any other commercial regulation for the growth 'of
the trade of this Country. It was now 100 years since that
system was first proposed to the House of Commons by Sir
Robert Walpole, who was compelled to abandon the
scheme by the violence of mobs who attacked members on
their way to the house, by the opposition of the City' of
London, and by the general spirit of insubordination which
was excited throughout the -country. In 1733 Sir Robert
Walpole first recommended to the House of Commons to
adopt a bonding system with regard to tobacco and wine
only. The previous system was, that a merchant on im-
porting paid the duty, and on re-exporting received a draw-
back. That the system of drawbacks afforded great facilities
for fraud there could be no doubt;'but whether the mer-
chants of that period were influenced by such considerations
it was not for him to say. Certainly, however, when Sir
R. Walpole proposed a bonding system, even to that limited
extent, the members for the City of London, directed by the
Common Council, presented petitions from all classes in the
city expressing their strong objections to the measure. In
consequence' of members being mobbed on their way to
house, the house adopted resolutions declaring their deter-
mination not to be deterred from the performance of their
duty, but, the 'bill' having been read a second time and
passed through committee before it was reported, matters
assumed so serious an aspect in the country that Sir It.
Walpole called' a meeting of his friends, which was thus
described in Cobbett's Parliamentary History :
" On the evening before the report Sir Robert summoned
a meeting of the principal members who had supported the
bill. It was very largely attended. He reserved -his own
opinion till the last; but perseverance was the unanimous
yoke. It was urged that all taxes were obnoxious, and there
would be an end to supplies if mobs were to control the Le-
gislature in the manner of raising them. When Sir Robert
e
had' heard them all, he assured them that he was conscious
of Diving meant well ; that in the present inflamed temper of
theot
bio•estohleutmioi
see, acttlivheeqaosi
:I:i:ci:l thereo t
would
u carriedbc a intoen de execution itiht ice n
libertywithouotf
d.
nu •stelthveeastroKt
to enforce
eegn,psraised
.emd theibswyE4tnh t
otshwreeosi
tr
liedw:rudlieni'gly the bill was dropped ; cite
wtaaxsespoatsttphoeneedx
toensea
'n:l the period to which Parliament was likely to
odfaybloboedy.o'
sit ; and it was not till 1803 that we had the advantageth of
slnt eamd We
ith
complaint;it h r egatd thetwohi
ch present
appeared
practice,face o
fo
com-
mitteethis
ssY
it
an extremely just one. The theory was, that you got
credit for the duty till you wanted your
them in the possession of the Crown as a'f
security or the
flhof: