The Sun.
London, England, 1853-01-07 00:00:00

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LONDON,' FRIDAY, JANUARY 7, 1853.

The Oxford University Election is exciting the
bile of some of our contemporaries. It has un-
fortunately occurred—and we regret it ourselves,
for, notwithstanding his manifold crotchets, we
should always wish to see a man of Mr. GLAD-
STONE'S unquestionable ability and experience with
a seat in Parliament—that the Right Honourable
Gentleman has been left in a minority on the
third day's poll, and some doubts begin to be
entertained as to the final result of the contest.
We cannot, however, conceive why it is that
those who, in the conscientious exercise of
the franchise, may deem it expedient to
bestow their suffrage on a new and by no
means undistinguished candidate, should be sub-
jected to gross abuse, and reviled in the language
of Billingsgate, because they do not consider
themselves bound hand and foot to the chariot of
Mr. GLADSTONE. The Right Honourable Gentle-
man is no doubt a very respectable and a very
talenll-,ed person ; he is one whose exclusion from
the Rouse of Commons might be regarded almost
in the, light ©f a national calamity—but still we
eannot understand why the educated and in-
telligent electors of the Universty of Oxford
shoul(i not be permitted to exercise that free
win which is the privilege of the humblest 101.
householder or 40s. freeholder. They did so be-
fore, on a memorable occasion, when the late Sir
Roßrwr pEn.--a statesman not inferior in char-
acter or ability to the present Chancellor of the
Exchequer—was rejected on account of his tardy
rectogni Lion of the rights of our Roman Catholic bre-
tbcren. That striking exercise of power was never
colestionecl. It was frequently referred to in the
olden time, as a salutary precedent, and we know
4'" why Mr. GLADSTONE should form an excep-
tion to the rule that makes public men amenable to
the opinions of their constituents. If the chosen
of Convocation, on one occasion, were to be con-
sidered as " in for life," then, indeed, would each
successive election be little better than " a mock-
ery and a delusion." We have always protested
Against intimidation when
exercised by priest or
andlord, and we are not inclined
to recognise- it
from any other quarter. We are
greatly mis-
taken if the spasmodic effort do not prove
-injurious to the cause it, Was
intended
to promote. England has been
designated.
" a pr ess-ridden country ;' but we cannot believe

that its educated gentry, its barristers, physicians,
and clergymen, have sunk quite so low as to sub-
mit to a yoke so intolerable, or that the thunders
of our contemporary should have any effect other
than exciting a smile of derision.

Mr. PEZR.CEVAL is, as we have stated, no mean
or ignoble opponent. He was distinguished
as a student, and took high honours at his de-
parture from the University. He is the son
of one whose premature and violent death
excited a strong feeling throughout Eng-
land, and more particularly amongst those
who form the constituency of the University. And,
if " his family" "be remarkable for crotchets,"
we have never heard of any crotchet more wild or
untenable than that which asserts the equality
of, and impossibility of, discrimination for fiscal
purposes between all incomes, whether precarious
or permanent, fixed or fluctuating, without
reference to the sources from whence they may be
derived.

It is the extraordinary views which the Right
Hon. Gentleman has put forward so recently on
this point which has placed the University elec-
tion in jeopardy. Why should those who are
striving with difficulty to maintain the positions
in which they are placed—with but " scant
balances at their bankers," vote for one
who places them in the same category,
as the owner of accumulated and real-
alised property of well-circumstanced ground-
rents, or dividends from the public funds ? The
effort is preposterous. But it must be resisted. If
Mr. GLADSTONE will plainly and explicitly declare
that he has at length, even at the eleventh hour,
resolved upon recognising the distinction between
permanent and precarious income, and that he
will honestly apply his- faculties to bringing that
principle into fair and judicious operation, we
have no doubt that he will secure many wavering
voters, and render his election certain. If he ne-
glect or refuse to do so, it will be worse than doubt-
ful, notwithstanding the thunde rings and bluster-
ings of the most imperious of public journals. The
matter is plain and simple—a " deus ex machind"
may easily be found in the shape of a " dear Mr.
GRESWELL," or a "My dear PIIILLIMORE," who
may by a single interrogatory elicit the neces-
sary explanation. This hint should not be despised.
It is only because, notwithstanding his manifold
backslidings, we desire the return of Mr. GLAD-
STONE, that we offer it; and we trust that it may
produce the result we have in view—the satisfac-
tion of the electors, and the election of the Right
Hon. WM. EWART GLADSTONE for the University
of Oxford.

It was, we believe, on the occasion of releasing
Joni•T Wmxs from the illegal imprisonment to
which he had been subjected by the Government
of the day, that the justly celebrated Lord
CA MDEN, then Chief Justice Ps Arr—enunciated
the proposition, which has since passed into a
legal maxim, that " the discretion of a Judge is
the law of Tyrants." " It," added that eminent
and patriotic Judge—" is always unknown, it
is different in different men ; it is casual, and de-
pends upon constitution, temper, passion. In
the best, it is oftentimes caprice ; in the worst,
it is every vice, folly, and passion to which human
nature is liable." These enlightened views were
immediately circulated throughout the country,
and earnestly responded to by the people. The
Corporation of London paid the highest
compliment to the illustrious Judge, by
voting him the freedom of the City.
An example which was followed by the
municipal authorities of the capital of the
Sister Kingdom, and, indeed, by the great ma-
jority of corporate bodies throughout the entire
country. These high distinctions were not un-
merited or uncalled for. The principle thus
strongly put forward might be regarded as an es-
sential adjunct to the great palladium of our na-
tional liberties—the Trial by Jury. If too great
latitude were allowed to the presiding functionary,
it would practically be neither more nor less than
giving him a dispensing power over the law of the
land, by which he might subject the innocent, or at
least those whose innocence must be recognised
until their guilt is established beyond the pos-
sibility of reasonable dolibt—to serious annoyance,
and permit the guilty to escape with virtual im-
punity. The evil in either case is to be avoided.
The unjust punishment of the innocent strikes a
formidable blow at the very basis of society, while
the immunity of the guilty is, although in a less
degree, deeply injurious to the community.
This " discretion" must, however, to a certain
degree, be allowed the presiding Magistrate, in
determining the amount of punishment that shall
be awarded when the party has been duly con-
victed on clear and decisive testimony. So many
circumstances must be taken into account, in as-
certaining the actual magnitude of the offence,
that it has, generally speaking, been found im-
practicable to assign a fixed and certain expiation
for each distinct offence. There must be a certain
discretion permitted to the Judge; and when the
confidence thus reposed in his hands is violated—
either by a clear and palpable excess or deficiency
of punishment, it is only by the clear and intelli-
gible expression of " public opinion" that the
evil can be remedied.

Now, a case has just occurred, in which we
conceive that expression is urgently required.
A person in a responsible position, carrying with
it a certain degree of authority, has been guilty
of a deliberate act of cruelty, of almost unparal-
leled barbarity to a helpless infant placed under
her care, and when called on to answer to the
charge before a Criminal Court—a charge which
she had not the hardihood to deny—has been per-
mitted to escape with an almost nominal punish-
ment. We had scarcely supposed that, in what
is termed " a Court of Justice," the BUMBLES or
CORLKYS would be encouraged in their pleasing
ebullitions of temper or playful torture of
the helpless paupers placed under their care.
The ridiculously inadequate sentence passed on
the prisoner by the Common Serjeant must, how-
ever, act as an incentive to similar abuses of au-
thority by other Poor-law officials throughout the
entire country.

From the depositions, it appeared that the
prisoner, who was head nurse at the Greenwich
Union Workhouse, had, on a Saturday evening,
three or four weeks ago, found an unfortunate
boy, named JOHN GAYWOOD, six years of age (!)
playing with the fire-guard—a high crime and
misdemeanour in the eyes of the head nurse, who
was herself poking the fire at the same time. A
RED HOT CINDER unfortunately fell out of the fire
at the moment. It suggested a fitting penalty to
the amiable lady, who accordingly seized it—first
carefully guarding her own hand with a piece
of rag—and put it into the hand of the poor
infant, which she doubled over the glowing coal.
The miserable child had manifestly been schooled,
from previous discipline, into the deepest obedi-
ence. He did not venture even to cry out while
undergoing the fearful torture. His faculties
were entranced for the time being. It was not
until after five minutes that the wretched victim
was released. During the fiery torture, anothe_
person, bearing the appearance of a woman, ven-
tured, not to remonstrate—that was more than she
could dare to do—but to give expression to the
exclamation, " Oh, dear!" to which the mild Mrs.
OLDHAM replied, " You can say Oh, dear' if you
like." When the ignited coal was permitted to
drop from the scorched hand, the poor in-
fant at length was enabled to scream, but no-
thing was done ; the atrocity was concealed from
the Guardians, and evenfrom the medical men, who
might have done something to relieve its sufferings.
Their opinion is, that the poor child will never
'again have the proper use of its hand. It is thus
robbed of its only capital—its labour—and the
Union possibly saddled with its permanent main-
tenance ; and for all this, the miscreant who com-
mitted this unfeminine outrage has been sentenced
to FOURTEEN DAYS' IMPRISONMENT. There is no
hard labour, and her rations in Newgate will be
rather better than in the workhouse. The im-
prisonment, too, dates from the first day of the
session, so that she will be discharged to-morrow
week, aften ten days' confinement.
What act of greater or more horrible atrocity
was ever perpetrated against the slave population
of America ? Even the gifted authoress of
"Uncle Tom's Cabin" states nothing at all ap-

proaching to it. The victims in her story were
adults. Here it was a child six years old, maimed
for life ! LEGREE was bad enough in all con-
science ; and the Judges apparently connived at
offences committed by persons in authority. But
the one committed no outrage so bad as that of
OLDHAM--the others passed no such farcical sen-
tence as that so recently pronounced by Mr. Com-
mon-Sergeant BULLOCK !

MONEY AND 'COMMERCIAL NEWS.

CITY, Two o'CLocx.

The sales of cotton at Liverpool yesterday were
estimated at 5,000 bales, all to the trade. The
market was steady, and prices of all kinds were
the same. The sales comprised 4,000 American,
300 Perham and Maranham at 6d. to 6d., 250
Bahia at 6d. to 61d., 100 Egyptian at qd. to 10d.,
and 300 Surat at 3kd. to 4/d. per lb. In Railway
Shares a good business was done, at rather lower
prices.
The Markets for Produce opened on Tuesday
under very favourable circumstances, and there was
much easticity in prices, with a strong tendency to
an advance in the principal staples. This, but for
the check imposed by the advance to-day in the
Bank rate of discount, would probably have soon
degenerated into speculation. Sugar has been
taken very quickly at the public sales, Coffee has
been in demand at higher prices, and Tallow has
got up Is. to 25., having been done at 465. 6d. to
475. for Russia samples. Not much has been done
in Cotton, but Iron has been largely dealt in. Tea
has been firm.

Having given, a day or two since, some statistics
upon railway property, it may prove interesting to
advert to English mines. These have made excel-
lent returns in the shape of dividend during the
past year, and there is great favour shown to them
in consequence. The proceeds have necessarily
fluctuated, East Wheal Rose having paid 7,0401.
less than in 1851, North Roskear 3,3601. less,
South Francis 3,7201. less, Trev'skey 2,010/. less,
Carn Brea 3,0001. less, and several others smaller
sums, so that the total decrease is 49,2791. Against
this, however, there is an increase of 85,3461., in-
cluding Wheal Buller for 7,0401. more, Par Con-
sols 10,2401., Phoenix 7,0001., Alfred Consols 6, 6561.,
Devon Great Consols 5,1201., West Providence
8,1921., United Mines 4,50)1., Wheal Bassett for
6,4001., Great Polgooth 3,850/., South Tamar
4,500/. and some others. The secret of mining in-
vestment is judgment in selection, and a distribu-
tion of capital by investment in many different
undertakings. Messrs. R. Tredinnick and Co.,
furnish the table subjoined, of Cornish and Devon
Mines exclusively