The Sun.
London, England, 1853-08-25 00:00:00

THE SUN, LONDON, THURSDAY EVENING, AUGUST 25,

g )ds, the huge pillars covered with hieroglyphics
and the finished model of the Temple of A b
Simbel, help one to a tolerable idea of what
is intended. The Greek and Roman Courts are
also having quietly gethered into them their respective
treasures of ;art ; but the foundations of the Fountain
of Lions is still the chief outward and visible sign
of the Sydenham Alhambra. In a gallery overhead
the chef d'ceuvres of the great masters in different
countries and ages await their final distribution.
Mingled together, theypresent little in their pre-
sent state for useful description ; but a time will come
when, properly arranged, their extraordinary beau
ties will be duly appreciated, and when oppor-
tunities for comparison and study, never previously at-
tainable even by artists themselves, will be placed
within reach of the humblest classes. Mr. Digby
Wyatt's courts on the south side of the nave are not so
far advanced as those on the north. He commenced
his work late, and is rather behind-hand in consequence.
Within the last two or three months, however, his
department has begun to show considerable pro-
gress, and we have no doubt that it will be worthy
of him. The same love of art which leads his col-
league to build up the god Ina to a height
of seventy feet, and to exhaust a whole rainbow of
colours in painting him, induces Mr. Digby Wyatt to
collect within and around his workshops an amazing
collection of Christian monumental sculpture. Bishops,
knights, and abbesses appear there from all the cathe-
drals in the country, and it is to be hoped that the display
of them may give rise to no suspicions of sacrilege.

THE SHREWSBURY AND BIBMINGHAJI
RAIL WAY COMPANY.

THE INDIA BILL.

PROTEST AGAINST THE THIRD READING.
Dissentient,—Because, in a case where Committees of
Inquiry on the Affairs of India have been appointed by
both houses, it is inconsistent with reason, authority,
and precedent that this law should be passed without
awaiting the reports from such committees, and a com-
munication of the evidence already taken.
Because, such a course tends to degrade in public
opinion the committees thus recklessly set aside, to les-
sen the weight of all Parliamentary inquiries, and to de-
prive the house and the public of the power of comparing
the new enactments proposed with the evidence given by
experienced and trustworthy witnesses.
Because, the interval between the Ist day of August,
the day on which the present bill was brought up from
the House of Commons, and the present time has not
been sufficient to admit of that calm deliberation, equally
requisite for the exercise of the judgment of this house,
for the maintenance of its dignity, and to give weight to
its final decision.

THE COMPANY V. THE HON, R, H. CLIVE AND OTHE RS,

Yesterday, before Sir W. P. ,Wood, the Vice-Chan-
cellor, at the Bull Inn, Cambridge, an application was
made for an injunction, on the part of certain share-
holders of the Shrewsbury and Birmingham Railway
Company, to restrain the defendants from acting as
directors of the above company, or in any way dealing
with the property thereof.
The Solicitor-General said that this was a bill filed by
the Shrewsbury and Birmingham Railway Company
against the numerous gentlemen who were, or had been,
directors of the company, and he believed that all the
defendants appeared. The object of the application, the
notice of which was dated the 16th of the present month,
was, that the defendants, Robert Henry Clive, Joseph
Walker, Henry Hill, Richard Smith, Thomas Jefferies
Badger, Frederick Pratt Barlow, Thomas Bulkeley,
dCihreaertleosrs ofEm Robertethrye,eompaty,
i Roy, or such of them as were
might
also be so removed, in case he had not already ceased to
be such director, and that the said George Knox, and
sai
said
e George removed
Knox from being
ht
gm
such directors, and that the
the said other defendants might be, in the meantime,
restrained from dealing with the plaintiffs' property or
effects, administering their affairs, or otherwise acting
as the plaintiffs' directors, and that the said defendants
might be restrained in like manner from permitting
the said George Knox to attend, and that the
said George Knox might be restrained from at-
tending at the offices of the company, and from
having access to or in any manner interfering with the
books or documents of the company, or otherwise than
as an ordinary shareholder, and under such inspection
as would preventing him from erasing, altering, or other-
wise improperly dealing with the same ; and that he and
the said other defendants might be restrained in the like
manner from moving any of the books or documents of
the company from their office ; that the defendants,
Henry Hill, Thomas Jefferies Badger, and Joseph
Walker might be restrained from voting at any meeting
of the company in respect of the said company's shares
transferred into their names as trustees ; that the de-
fendant Henry Mortimer might be restrained from voting
at any meeting of the company in respect of the said
shares so transferred into his name ; and that the di-
rectors, generally, might be restrained by the like order
and injunction from presenting to the half-yearly general
meeting of the company, for the purpose of the com-
pany's seal being affixed thereto, any register of the
shareholders or stockholders of the persons deriving title
under a fictitious and colourable transfer of shares.
Mr. Rolt, Q.C., for the defendants, said, that the
copy of the bill had been delivered to them on the 19th
oinst., whichyw,
sa
os
mo
en
oFridayn ldaas
yt
a Portionho f
cthhaer
aaffidavits
stationT h e a affidavits
withd vit sf
rcahnadr,g ewdh
ige ehn
ht lee ms
he
could hardly be supposed to have been guilty of, and
which they were able indignantly to deny and answer. At
the same time, of course, a great deal of care and consid-
eration were necessary in ascertaining the facts, and, as
these gentlemen lived in different parts of the country,
it was quite impossible that they could get their affidavits
ready in time.
The Solicitor-General said, if an undertaking were not
given to hold no meeting and not to deal with the shares
in the meantime,' he must go into the case to show that
he was entitled to an interim order.
Mr. Rolt said, there was no intention of dealing with
the shares.
His Honour—ls there any objection to give the un-
dertaking, then ?
The Solicitor-General said, the complaint was, that
there had been fraudulent creations and transfers of
shares. There had also been a meeting summoned by
these very defendants for the 14th of September, and,
unless he had some undertaking that nothing should be
done in the meantime, he must press for an interim
order. His object was that, in the interval between the
After considerable discussion upon the details of the
remain
nt
ptrimeeeisaelnd yitnhse day of
tatnlnoadjournment, things should
arrangement for adjourning, a document was drawn up
and signed by the counsel to the following effect :
" Copies of the affidavits to be delivered on or before
naens
ddacyo
fpoi
lelso
wmi
nrge p. ly
Mto o
tbieo
nreturnedstandoonv oe
rr
in the meantime, not to deal in any manner
bStoeaftFourrirdedtaahyya,nWSexeetptember 2, at half-past 10, defendants un-
dertaking,d,
the company. Books and papers to remain at the twhiet he
oany
aonf
yt,h
ors rs ht
oa ries ss
noer
adneyb epnrtouxrieess oaf,t otrh
ebelonging toof
com-
pany's office in their present custody.
The proceedings were then adjourned.

Because this rash course is the more inexcusable in a
case where the appointment of the select committees on
India was recommended on the highest authorities in
both houses, in order that " the Government should sub-
mit their proposition after the committees shall have
made their report," and that Parliament should be ena-
bled to ascertain on inquiry " whether the Court of Di-
rectors have been faithful stewards, and whether it is
wise to continue, to abrogate, or to modify the existing
system."

THE INDICTMENT AGAINST MAJOR BERES-

FORD AND OTHERS.

Because, this hasty legislation, resting neither on re-
ports nor upon evidence, can hardly be considered as
supported by official experience or authority when within
a short
,period four successive Ministers have presided
over the affairs of India, and have not had time to
acquire that knowledge which, however eminent their
abilities, and untiring their industry, cannot but be re-
quired for so great a task as framing a bill for the
government of British India.

Application was yesterday made to Mr. Baron Platt
on the subject of the indictment found at the last session
of the Central Criminal Court against Major Beresford
and others for conspiring to bribe the electors of Derby.
Mr. Bodkin, attended by Mr. Whateley and Mr.
Humphreys, the solicitors, supported the application,
which was for a certiorari to remove the indictment into
the Court of Queen's Bench, at the instance of Major
Beresford, who, the learned counsel stated, at the time
the offence was alleged to be committed, held the office
of Secretary at War. Mr. Bodkin also relied upon an
affidavit, which stated that the matter out of which the
charge arose had been the subject of inquiry by two
Committees of the House of Commons, before whom
Major Beresford had been examined, and that among
the difficult questions of law expected to arise, one was,
how far the evidence then taken could be made use of
in support of the present indictment. He also adverted
to the discussions which had taken place in Parliament
and through the medium of the public press, and sug-
gested that a special jury would be less likely to be in-
fluenced by popular prejudice in a matter which had
been in so many forms before the public than the class
of persons, however respectable, who were usually sum-
moned to the Central Criminal Court.
Mr. Baron Platt said that, for the reasons stated, he
considered it a fit case to be tried in a superior court,
and granted his fiat for the writ as prayed, fixing the
bail to be entered into by Major Beresford at 1001., with
two sureties in 501. each.
In consequence of the absence of Lord Campbell, Mr.
Baron Platt disposed of this matter at his private resi-
dence. Mr. Coppock attended as solicitor for the pro-
secutor.

Because, this proceeding is the more inexcusable when
the late period of the session has already been relied on
as a sufficient justification for postponing or withdraw.
ing many other bills, from an acknowledged impossi-
bility of considering their enactments with that wise
and cautious deliberation which is indispensable to the
making of good laws.

Because, it has been sought to defend the passing of
this bill on the authority of a letter from the Governor-
General of India, said to recommend immediate legisla-
tion, which letter has been used to procure Parliament-
ary support and to influence public opinion, though at
length admitted to be a document which, not being on
the table of this house, could not be referred to consist-
ently with acknowledged privilege or recorded prece-
dent.

Because, the provisions of this bill are inconsistent
and irreconcileable, implying mistrust in the Court of
Directors while continuing them in the exercise of
many important functions, in the disposal of vast patron-
age, and in the nominal posession of sovereignty over
150,000,000 of the natives of India, depriving them of
the power of naming an assistant-surgeon or of nominat-
ing an Advocate-General without the approval of the
Board of Control, yet intrusting them with tho Imperial
prerogative of recalling a Governor-General at their own
will and pleasure.

Because, the union, in the same deliberativo body, of
two classes of men, the one nominees of the Crown, the
other elected by a constituency so indefensible as to have
found no advocate, is inconsistent with all good govern-
ment, and can hardly fail to produce jealousy, mistrust,
and discord.

Because' this unfortunate result is the more probable,
where the Crown nominees will in truth appear as six
living witnesses of the incompetency or misconduct at-
tributed to the Court of Directors ; and where s supported
by the Board of Control which has appointed them,
they must act as an irritating but irresistible check on
the freedom and independence of their elected c,)lleagues.
Because, this new constitution of the Court of Direc-
tors is not recommended by the success of an, y similar
experiments in the British Colonies, such experiments
having generally been unsatisfactory, and of Late years
condemned and abandoned.

Because, this bill wholly fails in providing any ade-
quate security for the faithful fulfilment of its own enact-
ments by the Home Government—an omission the more
unfortunate, when it appears from the evidence, partially
reported that in the following important cases former
statutes have been disregarded and violated by those in-
trusted with their administration :

1. A lac of rupees was directed by the Charter Act of
1813 to be applied for the purposes of education. No
appropriation of this sum was made until the year 1824,
when the omission was brought to light by the inquiries
of the Committee of Public Instruction.

2. The Law Commission, though created by Parlia-
ment as a permanent body to provide improved equal
and intelligible laws for India, was advisedly allowed
to expire after the Court of Directors had themselves
announced officially that "the act of Parliament
creating these offices requires that new appointments
shall be made when vacancies arise ; and that it is
only by another act that this obligation can be sus-
pended and any new system substituted." No appli-
cation was, however, made to Parliament on this sub-