The Sun.
London, England, 1853-06-02 00:00:00

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LONDON, THURSDAY, JUNE 2, 1853.

The Funds have long since come to be regarded
as the political barometer. Simultaneously they
are promising both in the French and in the
Austrian capital a decided improvement —at
Paris in reference to Turkey, at Vienna in refer-
ence to Switzerland. Whether much reliance can
be placed in either augury as affording indication
of a more amicable settlement of the two principal
difficulties of the hour, remains to be discovered.
It is unquestionable, however, that at the Bourse,
yesterday evening, the Three per Cents, closed at
79.50, the Four-and-a-Half per Cents, at 102,
and the Bank Shares at 2.685, showing a mani-
fest recovery from the recent depression. It is
equally assured that credit has revived in the
Viennese money market in consequence of a
rumour to the effect that negotiations are about
to be reopened between Austria and Switzerland.
It is believed, in fact, that there is at length
some icasonable hope of their differences being
speedily and satisfactorily arranged. Meanwhile,
though nothing decisive has yet been learnt as to
the proceedings of the CZAR on receiving intelli-
gence of the rejection of his ultimatum by the
Divan, it is conjectured from circumstances of
peculiar significance, that the Cabinet of St. Peters-
burg, will not resort to extremes at this mo-
ment in regard to the supreme councils at
Constantinople. From information received from
the latter metropolis, bringing correspondence to
the 19th ultimo inclusively, it appears that the
note submitted to the Sublime Porte on the pre-
vious day (the 18th) by Prince MENSCHIKOFF—
aIthough intolerably arrogant in its tone—could
not be construed in any way as amounting to an
open declaration of hostilities. It is true that the
document asserted with the utmost insolence the
" right" of the AUTOCRAT to the Protectorate of
the Greek Christians—it is true, moreover, that
it informed the Divan, in language the most in-
sulting because the most uncalled for and autho-
ritative, that, in the event of the SULTAN not
guaranteeing the protection of these Greek Chris-
tians in the manner demanded, the EMPEROR of
Russia would know how to protect them
himself whenever his interference appeared
to be required by circumstances ! Nevertheless,
neither of these intimations would seem to indi-
cate a resolve in the mind of the CZAR to enforce
his demands by an instant rupture with the
Turkish Government. Notwithstanding that the
note is haughty to a degree, it cannot be regarded
as declaratory of war between NICHOLAS and ABD-
WL-MEDJID. Everything, indeed, indicates the
correctness of our former assertion, that the re-
cent conduct of the AUTOCRAT has been the
conduct—there is no other word for it—the
Conduct of a bully. Now bullies, we all
know, are
but they geld very
noisy and very. blustering—
do
other orn, when matters arrive at a crisis,
of their prete •
than refrain from the enforcement
to the
of
heopminent may be,
last
mnsoions. They swagger and growl
g
possible for the sake, if
upt appea.rances—but almost
invariably they
rroatirtlia
their antagonists. Ito the firm determination of
actually appear,
from all the imfo
US from Constantinople, thatiat has yet reached
true in all respects to the bearing
the CZAR is
noble prototype. Re forwards .i of his ig-
lime Porte, through his to the Sub.
Ambassador,
convention couched in the form of an ultimatum,a
For whatever Lord JOHN RUSSELL or the Earl
of CLARENDON may assert in the way of extenua-
tion, a demand like
the one recently submitted to
the Divan by Prince M NSCHIKOFF, a demand
requiring to be answered negatively or affirma-
tively within a given time, and that time one of
unusual brevity, must be regarded as none other,
as nothing less, than an ultimatum. We, repeat,

therefore--the AUTOCRAT forwards to the Sublime
Porte, through his Envoy Extraordinary, a con-
vention couched in the form of an ultimatum.
He receives on the 12th ultimo a positive rejec-
tion of this ultimatum by the Divan —a rejection,
howbeit, conveyed in a note expressive of the
utmost goodwill towards Russia—assuring her, at
the same time, in terms the most clear and con-
ciliatory, that henceforth all privileges hitherto
enjoyed by them should continue to be secured to
the Greek Christians owning allegiance to the
Sultan ABD-UL-MEDJID. To this resolute and
honourable document Prince MENSCHIKOPF, on
the part of his Imperial Master, answered the
Divan in a note, dated the 15th ultimo, announc-

ing to it the rupture of diplomatic negotiations
between the Russian and Turkish Governments.
Nevertheless, while announcing his speedy depar-
ture from Constantinople, the Ambassador from the
Courtof St. Petersburgh recommended the Sublime
Porte to profit by the brief interval that would
intervene, so as to modify its recent determina-
tion. In this very proposal it is obvious that
there was weakness, that there was a " letting
down," that there was a readiness to concede,
that there was a disposition to temporise. What
was the rejoinder of the Divan ? It came as early
as the 17th ultimo. It was a reply worthy of a
Cabinet inspired by the policy of RESCHID PACHA.
It expressed the regret of his Majesty the SULTAN
at the announced cessation of relations ; but, in
doing so it affirmed his inflexible determination
not to accede to the proposed convention ! There-
upon came that elaborate document forwarded on
the 18th ultimo to the Sublime Porte, by Prince
MENSCHIKOFF, to which we have already more
than once made especial reference. It was after
this that the Russian Ambassador hastily quitted
Constantinople, to be followed by the rest of the
legation forthwith to St. Petersburgh. Throughout
all this it is manifest that, for once, the Czar
NICHOLAS has thrown aside all considerations of
dignity and prudence, and has momentarily de-
generated into the mere blusterer. If his Russian
MAJESTY counted upon frightening the Divan
into a relinqishment of the desired powers of the
Protectorate, he has deceived himself most
egregiously. He has found his ambition effectually
foiled by the resolute patriotism of the Turkish Go-
vernment. He has recovered to a knowledge of his
diplomatic defeat at Constantinople, to find the
Divan prepared to summon to its aid, at the first
emergency, the united forces of France and
England. The lawless aggression which he
fancied, doubtless, might be carried out quietly
enough within the shadow of the Council-
Chambers of Constantinople, has suddenly •ex-
panded into a difficulty of vast and momentous
importance. He finds himself all at once placed
between the horns of a rather formidable
dilemma—compelled either to withdraw those
pretensions which he has recently advanced
with so much arrogance, and thereby to be de-
graded in the eyes of the Oriental population, or
to enforce his demands by a declaration of war,
in which he would have to fight alone against the
banded forces of the chief Powers of Christendom.
What says the CZAR in this dilemma ? Western
Europe awaits, with solicitude, of course, but
without trepidation, the announcement of the re-
solution arrived at in this political quandary—or,
as Brother Jonathan might term it, this " tarna-

tion fix"—by the despotic Government of S
Petersburgh.

On Monday we alluded to the changes recom-
mended by the Common Law Commissioners, the
effect whereof will be to remove almost all the
existing restrictions as to witnesses, and to render
admissible the testimony of every person who can
afford any information or throw additional light
on the subject under investigation at the moment.
The only remaining bar will be that imposed by
domestic or professional confidence—the wife or
lawyer not being bound to betray the secrets con-
fided to their charge, in consequence of the pecu-
liar relationship existing between the parties.
These privileges will, we should hope, be univer-
sally approved of ; and we may therefore con-
gratulate the country on the speedy prospect of
having nothing further to desire on this very
important point, or so far as the admissibility of
oral testimony is concerned.
But there are many other points connected
with the Law of Evidence to which the Commis-
sioners directed their attention, and which they
have discussed with great ability—noticing
arguments for and against the different alterations
that have from time to time been suggested, and
finally deciding in favour of that for which the
most valid and substantial reasons could be
adduced.

One of the most striking topics, on which the
greatest diversity of opinion • has existed among
learned and experienced men, relates to the sanc-
tion or obligation by which the actual truth may
be elicited, and every possible protection and bar-
rier obtained against deceit or mendacity to pre-
vent a person from " bearing false witness
against his neighbour," and thus committing a
crime, not only of the most serious consequence
to society, but in express violation of one of the
direct commandments of the DEITY. Many intel-
ligent persons, whose opinions are entitled
to the greatest weight, have asserted that
nothing but a solemn appeal to the DEITY
will afford the requisite amount of security
against untrue or inaccurate testimony, while
others, of equal acuteness and intelligence, insist
that nothing is gained by the frequent repetition
of judicial oaths, but that, on the contrary, the
great " familiarity" with the process " breeds
contempt," so that the sacred obligation is habitu-
ally despised, and recklessly violated.
There is, indeed, much to be said on both sides
of the question, and it requires a nice discrimina-
tion to decide wisely and judiciously as to the
most suitable course to be pursued.
There is no doubt that the multiplicity of oaths,
as well as the rigid and undeviating exclusion of
the testimony of those who believed that they
were bound by the precept " swear not at all,"
were productive of very injurious consequences to
society and individuals. The former led to a
carelessness and indifference as to the solemn obli-
gation, and, in fact, operated as a direct incentive
to perjury. The latter frequently led, not merely
to the rejection of trustworthy evidence, and the
consequent failure or mal-administration of justice,
but also to the punishment—we might almost say
the "persecution"—of men of upright and moral
characters, because they refused to do that which
they honestly and conscientiously deemed to be
wrong, and in direct opposition to the precepts of
the SAVIOUR.

In both respects remedial measures were intro-
duced, which, although not altogether adequate to
the exigencies of the case, were yet important
steps in the right direction. As we have recently
stated " Custom-house oaths" and fiscal swearing
of every description were virtually abolished—
written declarations taken and subscribed before
a magistrate, and which, if wilfully and delibe-
rately untrue, subjected the offender to stringent
penalties, were substituted in many other cases.
Not only were the Test and Corporation Acts re-
pealed, but the universities and other corporate
bodies were authorised and required to accept de-
clarations in lieu of oaths. Affidavits were no
longer to be required from churchwardens or
persons acting in the execution of turnpike
trusts. Powers of attorney, for the transfer or re-
ceiving the dividends of stock, were thenceforward
to be verified by declaration in place of affidavit ;
and the same rule was established in all relating
to the taking out of patents, and dealing with
pawnbrokers. Magistrates were also prohibited
from taking voluntary oaths in matters not re-
lating to judicial inquiries, so that we had no
longer a quack doctor calling on GOD to witness
the efficiency of his medicines, or the multitude of
almost miraculous cures, nor traders making oaths
that the
goods in which they dealt were free from
adulteration and of the best quality that could b.e
, in the
introduced •
obtained. 'A
The complete revolution was effected in
the year 8
35
, which these provisions were
system of voluntary and trifling
oaths.
Prineil'o referred to by Lord LYND-
R. URST) in his admirable
no-
des"—was then reco,,urs*
ing—,, N„ Dons iute. speech on Tuesday even-
dignus, vindice no-
It, n,si,
'sea almost for th
It is only to be regretted tl at a. e first time.
complete remedy wag

not applied, and " political swearing" placed in
the same category. We shall, however, trust to
the exertions of the Learned Peer above
alluded to for having the matter placed upon a
satisfactory foundation, and thus giving addi-
tional efficiency to these solemn appeals in the
only cases in which they may still be considered
indispensable.
On the other point, the affirmations of
Quakers, Moravians, and Separatists were ad-
mitted in judicial inquiries of every kind ; but
still there was a cams omissus in the ACt which
required amendment. Other persons not belong-
ing to any of the sects above mentioned might
have conscientious objections to taking an oath,
and yet be perfectly willing to give true testi-
timony in every point at issue, and yet no power
was allowed to the presiding Judge to take their
affirmations or receive the testimony in the only
form in which they would be willing to give it.
Much mischief occasionally arose from this serious
omission in the remedial statute. After full and
mature consideration of all these points, the
Commissioners arrive at the conclusion, and we
think with much propriety, that, as a gene-
ral rule, judicial oaths should still be retained—
stating, at the same time, that it admits of a
question whether the religious sanction should be
made indispensable in cases where that sanction is
admitted to have no existence, and recommending
that, except in the cases of sects who object on
religious grounds to the taking of oaths, it should
"be left to the Judge to ascertain whether the
objection professed by the witness be sincere or
not, and that if he be so satisfied, the witness
should be admitted to affirm instead of taking an
oath." This is, perhaps, the best decision that
could be arrived at on a point so doubtful. The
judicial discretion has rarely been abused, and we
believe it may be safely trusted on the point
referred to. It will, at all events, be a decided
improvement on the existing system.

Mr. SLADE'S Election Tales of Canterbury ,will
hardly rival the interest which the Tales of its
Pilgrims, from the pen of CHAUCER, once excited.
Had they, however, been published before 1853,
and (much more) previously to the St. Alban's
Election Tales, by the same author, they would
have been the first-read-column in every news-
paper. It is true, there is not here an EDWARDS
holding the entire list of bribed electors in his
hand, and divulging name after name, all destined
to be called on in a day or two, like a poor female
before a magistrate, to swear to their own shame.
Lists of the bribed this time had very prudently
vanished past the possibility of recal, and memory
was most conveniently defective ; still there were
incidents in plenty, and exposures of a general
system sufficiently extravagant to keep alive the
unabated attention of a crowded court.

Canterbury is one of the boroughs in which the
old freemen are still numerous ; they amount to
946 of the electors, the ten-pound householders
numbering not more than 1,306. Hence, like
Norwich, Liverpool, or Nottingham, it is one of
those boroughs where the family influence is com-
paratively small, but the money influence omni-
potent. In such boroughs the battle of the Long-
purses quite enlists the old English party spirit,
almost extinguishes all sense of dishonour, and he
who " comes down with the dust like a man," is,
the candidate cheered at public meetings as " the
man who deserves to win." Mr. BUTLER JOHN-
STONE, one of the lately unseated candidates, con-
fesses to this species of JOHN BULL pugnacity. He
paid 1,300/. for his election expenses. When he
had paid great part of this sum, he learned that
the Marchioness of CONYNGHAM had opened the
" Bifron's Purse," and was coming down with
her thousands for her son-in-law, Sir WILLIAM
SOMERVILLE. When, said he, "I heard this, I felt
fairly in the fight, and that I would not be beaten
even by her"—and in the tournament of purses
Mr. JOHNSTONE was not beaten. As to being
unseated on an election petition, why that's no
more dishonour than being disabled by the musket
ball of a vanquished enemy. It may happen to
any man, to the bravest most likely of all ; sic
volvere Parcas, is the consolation for that. As a
sample of the same feeling on the part of electors,
a man held up a purse to Lord PELHAM CLINTON,
who, after his defeat, was gazing on the field of
battle from a window in the Rose Hotel, exclaim-
ing, " This here's got the election—if you have
some next time, we'll get you in."

As might be expected, the contributions levied
on gentlemen who aspired to represent the Archi-
episcopal City, were in proportion to the honour.
The Hon. GEORGE AUGUSTUS FREDERIC PERCY
SIDNEY SMYTHE, had, in 1841, to pay 1,0001.
a-piece for each of his names, and another 1,0001.
for luck probably-7,0001. in all ! In 1847 he
was more gently dealt with: he and Lord ALBERT
CONYNGHAM were let off with 9001. each. Per-
haps it was because Mr. SMYTHE by this time had
softened down from Conservative to Liberal-
Conservative. "He was neither red, pink,
nor blue; in short, a nondescript, a good
card" according to Alderman BRENT. Mr.
JOHNSTONE, as we have seen, got through with
1,3001. at the election of '52. Mr. Girrs, his
colleague also paid 1,0501.—defending his seat in
vain afterwards cost him another 1,0001. Of
course the colour-ticket system was abundantly
illustrated by the evidence. Nothing, however,
was elicited additional to what was already known.
The money disbursed by this means was some-
times of surprising amount. In 1841 Mr. SMYTHE
reckoned that he spent 2,0001. in this way, and
the opposite party quite as much ; 4,0001. in all
spent in colour tickets ! Colour tickets, as might
be expected, were not, however, the only kinds of
bribery employed at Canterbury ; in many in-1
stances sums of money were directly given.
Higher game was hawked for in much nobler style.
Alderman BRENT, who for more than twenty years
has been active on the Liberal side, " had been
appointed Deputy-Lieutenant of the county,"
"had good appointments for four of his sons."
" One' was made about 17 years ago, another 14,
another 3, another just as the Whig Government
went out and the Derby Government came in. Two
of the sons were in the Custom-house with ad-
vancing salaries beginning at 1501. per annum.
Two in Somerset-house at from 901. to 1001."
Again, Mr. G. DAVEY had been exchequered to
the tune of 1,9001. "Lord CONYNGHAM agreed
to use his influence with the Excise for witness, if
witness would use his power for his Lordship at
the election, and they both performed their pro-
mise." That is, Lord A. CONYNGHAM got in for
Canterbury and the Liberals, and G. DAVEY got
off 1,8001. of the fine. The Whig Lord and the
Excise agreed to let off a Whig election agent for

1001. It would seem that other Government ser•

vices and secretaries will need to undergo scrutiny
as well as the Dockyards and the Secretary to the
Admiralty.
It was but to be expected that Mr. FORBES
MACKENZIE and W. B. should figure ix the remi-
niscences of Tory candidates for Canterbury. No
one heard, therefore, with surprise that the for-
mer gentleman had paid £5OO of Mr. GIPPS'
expenses, out of a political fund subscribed for
that purpose ; cr that Lord PELHAM CLINTON
had seen Major BERESFORD, who sent down the
money that was to pay the expenses of the elec-
tion ; but it was hardly looked for that Colonel
RoaIILLY would be by far the most interesting
witness. Most unexpectedly, he found all his
election bills paid, and that at costly Can-
terbury. " Whence Alderman BRENT got the
money, he could not tell ; he had no legal
knowledge—no knowledge at all. It was not
from the Reform Club ; it was not from Mr.
COPPOCK ; nor from Downing Street ; nor from
the Treasury ; from nowhere that he had any
knowledge of. He could conjecture, he should
suppose, the money came from a source which was
notorious as supplying funds of that kind for
carrying on elections. It did not strike him
as very odd, under the circumstances, that his
election expenses should be paid. He had
heard a rumour that a fund of that kind existed,
and was managed by the Reform Club. He
believed the person who was supposed to have
connection with this fund was, when the party was
in power, the Secretary of the Treasury !" The
Commisiioners are to meet again after the evidence
has been printed. Will they send for Mr. HAY
TEA I Between Colonel Romimar's mysterious