The Sun.
London, England, 1840-10-22 00:00:00

fiIVENING _EDITION.

on!y. Colombian Six per Cents. remained at 22 to -I, 1
and Mexican Five per Cents. were dull at 9.6 i.
Danish Bonds wore tolerably firm at 73k, and Dutch
Two-and-a-Half per Cents. were still 48-a to 49.
The alterations in the Railway Shares were very
trivial, and only a moderate amount of business done.
Great Western were marked 11 ; New, 31 ; and
Fifth, 2i- premium. London and Birmingham were
64i to 65i, and Manchester and Leeds Si premium.
Brighton obtained 12i, and North Midlmad 22i dis-
count.

gan, and not to the Lieutenant-Colonel of the Eleventh
Hussars. The Lieutenant-Colonel had ordered Captain
Reynolds not to address him without appending his mi-
litary rank. In a military point of view this order
should have been obeyed, but the insult offered to Cap-
tain Reynolds was one altogether distinct from the rules
of the service, and so far beyond the jurisdiction of any
tribunal save that by which men of honour regulate
their intercourse. So far from the omission of the mili-
tary rank of Earl Cardigan in the letter of Captain
Reynolds being a matter of offence, it should be regarded
as one of extenuation. It was not his commanding offi-
cer that Captain Reynolds addressed, but the Earl of
Cardigan, who had grossly reflected in private company
upon his character as a gentleman. We are not advo-
cates of duelling. but we must say that the Earl of Car-
digan, who has practically given his adhesion to such
appeal, was altogether unjustified, under such circum-
stances, in calling for the interference of a court-martial.
(From the Times.)
Having within this last fortnight gone pretty freely
into the subject of the correspondence carried on be-
tween the Allied Governments and France, and dis-
missed the questions raised through them to be settled
by the respective diplomatists, we admit that their
latter demonstrations have appeared to be of a pacific
tendency. It is, nevertheless, right to observe that
intelligent Englishmen, lately returned from Paris
and other parts of France, express considerable fear that
the great and critical question will not be left implicitly
by the French people in the hands of Courts, or diplo-
matists, or other functionaries of the regular breed, but
that a large proportion of the sovereign people will in-
sist on having rather more than a share in the execution
of what measures may be resolved upon, and will re-
quire a voice potential in determining what the re-
solution shall be. We have not met any well-informed
person on either side of the water who did not express
within the last week or ten days a strong persuasion
that if left exclusively to the Governments, whatever
individuals might compose those Governments, the
diplomatic fencing match would end in peace, or at
least in a suspension of hostility. But again we must
add, that from every intelligent informant, the sum
total of the received opinion was, that so far as the
bulk of the french democracy was concerned, the de-
cision formed by the Government would run some risk
of being roughly set aside by the out-of-door-govern-
ment, if that decision should contradict the bias
prevalent among the working classes of the people
—which bias leaned, unhappily, towards an appeal
to arms. The tone of the French Radical newspapers,
like that of journals of a similar temper elsewhere,
when Radicalism flatters itself with being in the as-
cendant, has been utterly contemptuous towards all
constituted authorities, and reverential only towards the
force of numbers—the raw material of all despotism—
sometimes the very living despot itself. The ready an-
swer, then, made to us on late occasions, when we have
asked a returned Englishman, or indeed a reflecting fo-
reigner, " Is there to be war ?" was, " Not a war by the
Government, but a war, if any, in spite of the Govern-
ment ;" in other words, foreign war and civil insurrection
simultaneously, if war should not be acceded to by
the Goevrnment, for the sake of avoiding insurrec-
tion. Unfortunately, the unorganised, or rather self-
constituted authorities, must be looked to, upon
this question, with an anxious eye. What think the
Blouses? Are the bulk of the National Guards
pacific? They form in great part the constituency of
the Chamber, and much, no doubt, must depend on the
nature and amount of the influence exercised over their
representatives by those citizens with firelocks on their
shoulders. They have recently made some awkward
demonstrations of their sentiments. Could we perceive
a general sobriety of spirit and language in the articles
of the democratic newspapers, we might begin to hope
that whatever peaceful inclinations were manifested by
the French Court would bear substantial fruit, and
be ripened and relished by the people. As it is, the
undisguised mania for fighting must in a considerable
degree" subside ere we can indulge a satisfactory con-
fidence that the amicable intentions of the Government
will be respected and acted upon by the France nation.
(From the Morning Post.)
It is difficult to judge what the repeal agitation now
going on in Ireland may yet come to, especially as it is
tolerably certain that all such checks and precautions
as a careful and honest Government would be likely to
resort to on such an occasion will be neglected. We
must admit, however, that the Lord Lieutenant has
gone further than we expected in his negative discour-
agement—that is to say, in declaring that Government
patronage should be withheld from those who take a
part in the repeal agitation. If we could feel confident
that this was a bonafide declaration, and that Govern.
ment, having taken this ground, would have the resolution
to abide by it, cost what it might to their party interests
—if we could have this confidence, then we might also
hope that, as the occasion appeared to demand them,
more vigorous measures would be taken against
the repeal agitators. But we can have no such con-
fidence. Experience forbids it. We are afraid that
the present Government will not dare to oppose itselt
with sincerity and strenuousness to any point which Mr.
O'Connell really desires to carry. No one, indeed, can as
yet tell whether Mr. O'Connell be really in carnet
about desiring to repeal the union or not. It may be
merely a trick to keep up the spirit of agitation and re-
volt, and to get money for himself. We should not be
surprised to have the information hereafter that there is
an understanding between Mr. O'Connell and the Go-
vernment that he shall promote repeal (outwardly)
for his purposes, and that they shall oppose it for
their purposes, but that still there shall be no breach
between them, when votes are wanted in the House
of Commons. In short, the conduct of the Govern-
ment has hitherto been such—and more especially in
the connexion between it and Mr. O'Connell—that
common prudence demands the suspecting of every-
thing unworthy, and the fear that nothing honourable
or just will be done between them. It may be that
Government is in league with Mr. O'Connell even
in this repeal agitation, for there is no duplicity ef this
kind of which there is not good reason to suspect both
the Government of the Home Department and Mr.
Daniel O'Connell. It may be, on the other hand, that
the Government is really indignant and angry with Mr.
O'Connell for what he has done to agitate the country
on the repeal question, and that he relies upon the
force of that agitation for intimidating the Government,
and forcing it to do something which he has in view.
There is every reason to believe that Mr. O'Connell is
traitor enough, both to the people and the Government,
to try such a game ; and there is also every reason to
believe that not only in respect of deluding the people,
but of forcing the Government to come into his views, 1
he may be quite successful. As no man of prudence
and of probity can place any reliance upon the charac-
ter of the Whig Government—to speak of Mr. O'Con-
nell's character were quite superfluous—it would be ex-
tremely rash to attempt to decide what the course of
events will probably be in respect of the repeal agitation.
(From the Morning Herald.)
New complications arise in the west, very likely to
give fresh trouble to the " settlers of Europe," before
any solution will have taken place of what Lord Pal-
merston calls the "complications of the Levant." Ma-
roto's treason ruined the cause of his master Don Car-
los, and Espartero's treason has brought the regal ca-
reer of his mistress Christina to an untimely end. Truly
the Whig policy, which has cost Great Britain so much
blood and wasted treasure, has settled Spain after a
most extraordinary fashion. We wonder Maroto has
not yet been decorated by the accomplished projector of
the non-intervention war with some British order—the
resplendent testimonial and reward of peculiar virtue and
merit. It was very recently that Melbourne and Pal-
merston induced our youthful Queen to invest the
traitor Espartero with a riband and star, which were ac-
companied by a letter of fulsome compliment from the
Duke of Sussex to the recreant General who has be-
trayed the unhappy mother of the " innocent Isabel"—
the indulgent mistress who had loaded him with fa-
vours, and raised him to a dukedom. It is not diffi.
cult to foresee that the political condition of Spain,
where our intermeddling policy has wrought nothing but
mischief, will add to the difficulties of the present un-
satisfactory state of relations between France and Eng.
land. The Whig policy has latterly patronised the ex-
altado party in Spain, while that of France has leaned
to the moderados. Palmerston trims the balance be-
tween opposite principles by patronising the radicals in
the west, and the Russians in the east. We have
seen a good deal of vehement indignation vented of
late in Whig and Tory Journals against the disturb-
ers of peace and order in France, who certainly have a
great deal to answer for ; but, then, may we ask,
who is it that has been long engaged in the task
of disturbing eatablished institutions and promoting
the wild work of revolution in Spain ? Has not Eng.
land to answer for much of the evil with which Spain is
afflicted ? What has the Melbourne Administration
been doing in that country for years ? And what have
the Conservative opposition in Parliament been about
to allow them to pursue their absurd and destructive
policy there, without molestation and without remon-
strance? The Wigs were vehement declaimers on
behalf
of a " non-intervention" policy before they came
into office. But ever since they have not ceased inter.
meddling in the affairs of other nations. They mixed
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SPIRIT of the PUBLIC JOURNALS•

FROM THE MORNING PAPERS OF THIS DAT.
(From the Morning Chronicle.)
Our readers will elsewhere find the sentence of the
Court-martial on Captain Richard Anthony Reynolds.
Not only is he cashiered, but the Court deem the oc-
casion a fitting one to read a lecture to the witnesses
to character adduced by Captain R. A. Reynolds.
"In the course of the evidence to character," say the
Court, " witnesses have stated, that they considered the ac-
cused was incapable of insubordination without some ex.
treerdinary cruses of provocation; or unless under provo-
cation which no man of honourable feeling could endure ;
thus apparently sanctioning the idea, that there might be
circumstances of private irritation which would justify a
soldier breaking from the established order of military dis-
cipline—a doctrine so totally subversive of the fundamen-
tal principles by which all armies are governed, that the
Court feels called upon to stamp it with marked reproba-

tion."
We presume that this hint will be taken by all officers
who might otherwise feel disposed to come forward in
behalf of any unfortunate gentleman goaded by a series
of oppressive and insulting acts into a momentary for-
getfulness of his duty. It may also be intended as a
Lint to the officers pointed at in this case that they are
recorded in the Black Book, and that a long course of
obsequious conduct can alone obtain for them oblivion
of their misconduct. Into the internal arrangements of

the army we have always felt an aversion to enter.
Where the military come into collision with the civil au.
thorities of the country, or when individual civilians I
suffer from military irregularities, we have never hesi-
tated to take a part. But, on the other hand, the affairs
the army itself require to be approached with great
Caution. And it is due to our countrymen to declare,
that so general is the reluctance to interfere with the
army, and to contribute to relax the strictness of dis-
cipline, by which alone an army can be kept in a state
of efficiency, that, with the exception of a few extreme
cases, they have never mixed themselves up in any
way with military proceedings, or brought public
opinion to bear on the decisions of its tribunals. We
believe we may say with truth that the proceedings
with which the Earl of Cardigan has been mixed up have,
from first to last, attracted more public attention than
all the military proceedings during the current century.
The pablic of England knew nothing of Lord Brude-
nell till they read the sentence of a Court-martial, which,
after lengthened proceedings, acquitted the gentleman
(Captain Wathen) brought to trial by his Lordship,
censured him for placing that officer on trial without
any grounds, attributed the prosecution to other motives
than a regard for the service, i. e., to bad motives—and
openly charged the Noble prosecutor with conduct
ungentlemanly in itself, and calculated to break
down discipline. The Horse Guards approved of
that sentence, and removed Lord Brudenell from the
command of the regiment. It was natural that the
public should be astonished to find, after a brief lapse
of time, the same Lord Brudenell who had been so
stigmatized again placed in command of a regiment.
Much pity was expressed for the officers of the gallant
11th--a regiment which had served with distinction
in every quarter of the world—in having the misfor-
tune to receive Lord Brudenell for their Colonel. Pre.
dictions at the time were confidently hazarded, which
have been but too completely realized. From some
cause or other, not difficult to divine, the old officers
have nearly all left the regiment. The Earl of Car-
digan has the quality, it would appear, of making all
who approach him, except individuals peculiarly consti-
tuted, supremely miserable. It may be necessary for the
efficiency of the army. that the Horse Guards should turn
a deaf ear to all complaints—that it should be understood
by officers that they must submit in all cases to a com-
manding officer without murmuring and without hopes
of redress—that the Colonel of a regiment may do
what he likes with the most perfect impunity. We do
not, however, believe that this was the system in the
time of the Duke of York, during whose administration
the English army first obtained a high character for
efficiency. We know that, in his time, a kind regard
wag manifested for the officers, and that ungentlemanly
conduct on the part of Colonels was never passed over.
Even in the Guards, commanding officers guilty of no
military offence, but to whom harshness towards the
officers was merely imputed, were forced to sell
out. There is one memorable instance in a gen-
tleman well known in the metropolis, whose
death took place only a year or two ago.
We should doubt the policy of straining too tar
the duty of obedience, at least of insisting on implicit
obedience, without imposing on commanders a corres-
ponding obligation of considerate and gentlemanly be-
haviour. Obedience in nll ranks is peculiarly a sirtue
of the British army. But may not that virtue havo
had its chief causo in the feeling that if obedience were
exacted, rights were respected, and every man exempted
from subjection to arbitrary and capricious conduct ?
Is there not a danger that in proclaiming publicly the
separation of duties and rights, the motives for the
teimer may be weakened ? The British army hat al-
ways been conspicuous for obedience. Why should
subordinates be rigorously debarred from all the
compensating circumstances which smooth the path
of obedience ? But :be this as it may, the Bri-
tish public have an account to settle with those
who replaced Lord Cardigan in a situation which
a court-martial, approved of by the Crown, declared
hint unfitted to fill. Officers of the first name, men
who have been distinguished in many a well-fought
field, have hastened to give the warmest testimonies in
favour of the objects of the Earl of Cardigan's displea-
sure. How many brave gentlemen of most amiable
conduct have had their prospects in life blasted by the
maw kish sensibility which would give Earl Cardigan
another trial—a trial for the sake of which all regard
to the happiness of others was most magnificently dis-
regarded. We do net justify the letter of Captain
R. A. Reynolds but the punishment for writing a
letter in bad taste, of the forfeiture of the value of his
commission, 6,0001., and the loss of a profession, after
fifteen years' service, is of the severest. We justify
net the letter, however ; but we can feel at the same
time for a gentleman goaded by insulting behaviour
to a momentary forgetfulness of his duty. But while
we admit the wrong, we do not the less condemn those
who, with the evidence of unfitness to command so dis-
tinctly before them, chose to place the happiness of so
many, gentlemen at his mercy. This case, and the
other instances which have come of late before tire
public, have made a strong impression on the general
mind ; and we are much mistaken if means be not taken
to bring public opinion to bear on the cruel manner in
which honourable gentlemen have been so wantonly
sacrificed. The sentence of the court-martial on Cap-
tain R. A. Reynolds is a severe sentence on all who
were instrumental in restoring Lord Cardigan to com-
mand, with a sentence of unfitness recorded against
him. Whatever may have been the intrigue which led
to thie, the public will not allow the matter to sleep.
(From the Morning Advertiser.)
Sentence being now pronounced on Captain R. A.
Reynolds, whose trial before a Court-martial at Brighton
lately excited so much attention, there need be no re-
serve in commenting on the merits of the case. With
regard to the letter on which Captain Reynolds was
chiefly arraigned, but one opinion can be entertained.
It was a violation of discipline, which, if allowed to pass
with impunity, would involve the utter subversion of all
military subordination. With regard, however, to the
sentence of the Court-martial, it is equally manifest that
no one with the spirit of a man, or of a gentleman, would
attach himself to a service wherein, without the chance
of redress, his feelings would be exposed to such inso-
lent and tyrannical outrage as Lieutenant-Colonel the
Earl of Cardigan
officers under appears to have practised on the
hiscommand. The sentence of the
Court is, that Captain
aggravation of this sentence
uteß9eoyeniotldiss
dbeedcatshhaietr,ed• th,"eaguirnt
i
having performed duty, cannot separate without
recording its opinion
—4. In the course on the following points of evidence :
of
thatthe evidence to character, wit-
nesses have stated, considered the accused
was incapable of insubordination without some extra-
of provocation ordinary causes
; or unless under pro.
vocation which no man othioen?urable feelings could
the idea, that
endure ..—thus apparently eau
might be circurnstancesting private irritatien
there
which would justify a soldier bresakintg
doctrinefrom the esta-
blished order of military
to-
tally subversive of the fundamental
all armies are governed, that the Court feelsy which
principles
o so
upon to stamp it with marked reprobation. called
upon
Court appears to have been altogether unmindful
of the distinction between military discipline and
the
courtesies of social intercourse. The quarrel between
Earl Cardigan and Captain Reynolds did not origi..
nate in their official, but in their social relations—a
distinction which all, in the slightest degree acquainted
with public service, will at once recognise as implying
obligations utterly independent of each other. The
nom who is a subaltern in the field, may be a superior
in the drawing-room, and the discipline which exacts
obedience in one case, affords, or least should afford, no
Lunge to insolence in the other. Royalty itself has
basitted to the regulations of both naval and military
sereinen. b
the res ut never claimed therefrom exemption from
gentl
Pousibilities which attach to the social intercourse
of
and afforded -tiiThe late Duke of York waived his rank,
offended ogle., e usual satisfaction to the honour of an
while yielding bal late Majesty, when a midshipman,
perior officers, weePeint obedience to the orders of his su-
perior
to a gentleman and supposed to forfeit the respect
those officers in private puce when confronted with
Reynolds with Earl Caralre. The quarrel of Captain
till was a social, and not
a military quarrel. The
given at a private
party, and the letter of Cam:: was
accusation was founded, was acuT;eynolds, on which the
eased to Earl Cardi.

(FROM THE DAILY PAPERS
OF YESTERDAY.)
Mr. Gibson, in his able speech atd Manchester,
Lave seen yesterday, says lobe.)
oer:fie
thebstract—t
that he sany man—rea-
f
man—rea-
soning in a o stop sht o
universal suff-
rage. This is true—if he sets out from the absolute prin-
ciple of s4j:.gov.ernment. We who regard that principle
as having no solid ground to stand upon—whetahser\ in
reason or experience—do not find it s° difficult
seems to do, to evade its practical consequences.
Why Gibson ueveinideir,s'i
Why is self-government to be assumed as a
principle of all politics ? The only reply must be found
by making another assuroptiou...that what is called

self-government will be necessarily the best govern-
ment. For, surely it cannot be contended that the
merit of self-government consists simply in the fact that
it is the government of so many self-wills ! There is
nothing respectable merely in will—unless it is will
guided by justice and reason. One will, so guided, is
more entitled to govern than twenty million wills which
have let themselves loose from such guidance. It must,
therefore, be tacitly assumed that the will of the mil-
lions is more likely to be subject to such guidance than
the will of one, or a few. And this, to a certain ex-
tent, is true, but ceases to be true at that point where
it is most required to support the absolute theory of
self-government. So long as the will of the multitude.
is not absolute, so long it is likely usefully to con-
trol the selfish and sinister biasses of corporate
bodies and classes which share, directly or indirectly,
in the government. So long therefore as heredi-
tary or class-powers continue to exist, so long the
popular power stands towards them in rather ad-
vantageous contrast pruning their luxuriances,
cutting off their corruptions, and pressing for-
ward reforms which meet resistance from corporate in-
terests. But if once all permanent powers and in•
fluences in the State were destroyed in favour of the
sheer unbalanced ascendant of numbers, those who say
there is now no balance of powers in the constitution
might feel the want of it ! There is such a balance,
and will Le, till this theory of self-government shall be
brought, in some hour of insanity, into unchecked
operation. It will then be found that the recognition
of the right to sovereignty in numbers (as such) will
produce a despotism stamped with all the vices of other
despotisms.

(From the Standard.)
The Queen Regent of Spain has abdicated, and fled
to France, or is on her road to France, and General
Espartero, Knight of the Bath, is the virtual occu-
pant of the Spanish throne. It would be worth the
while to compute, if we had the details before us,
how much it has cost the people of England to elevate
his military Majesty to the Royal state. One return
moved by Lord Mahon furnishes, as we remember, a
single item of half a million, but this must be a very
small part of the whole expense ; and the account of
money is not the only claim of gratitude which we
can make upon King Espartero—ten or twelve thou-
sand legionaries have left their bones in the Bis-
cayan provinces to pave his Majesty's way to a
throne—and to obtain for General Evans a par-
ticipation with him in the honours of the Red
Ribbon. Thus it is that the fabric of propagandism
is falling to pieces. Spain has become the prey of
a military despotism ; France is in the agonies
of revolution, which she seeks to avert or to
indulge more freely by the desperate expedient of an
universal war ; England is vexed with Chartism ; Ire-
land with repeal ; Portugal is in a condition little diffe-
rent from that of Spain ; enlightened improvements have
brought the Ottoman empire to extremity; Belgium only
waits for the first war trumpet to become a province of
France. The only States that enjoy health and
safety are those which contented themselves with
their old constitutions, and with the settlement of
1815. There is a moral in this state of affairs, and
we ale sorry to say, a moral injurious to the interests
of liberty and to the progressive improvement of our
race. The moral is, that all changes are dangerous
and fraught with vexation, even where danger can be
repelled ; and the effect of this moral must be to dis-
pose men too generally to prefer a tranquil slavery to
unquiet freedom.
(From the Courier.)
- - - -

Whilst here there has been a disposition of late to
underrate the advantages of railroads, to amplify their
occasional failures, and maliciously to exaggerate
the extent of melancholy and mostly casual misfor-
tunes by railway travelling in this country, it is curious
as well as instructive to notice how much more justly
the economical utility and the vast superiority of rail-
roads are appreciated all over the old continent of
Europe no less than in the new world. Take
France for example, from the Monarch to the meanest
of his subjects, from the millionnaire capitalist to the
least considerable marchand of the faubourgs, all arc
intimately persuaded that the future progress of the
nation in industry, wealth, and civilisation, is
mainly, if not altogether, dependent on the rapid ad-
vance of railway communications, and the perfection of
mechanical science as a means to the end. To say
nothing of the railroads now in course of execution, more
immediately observable as more nearly facilitating
intercourse with . this country, a system of railways
on the most gigantic scale has been projected, and
sanctioned, if not actually adopted by the Government,
not alone for intersecting the whole of France with lines
of railroad, and so uniting the various departments with
each other, and all with the capital, from which, as from
a common centre, they are to radiate, but also for con-
necting France with the rest of Europe, and opening
direct communications through its interior even with the
Danube and the Black Sea. Such is the foundation of
one special section of the grand system, by which it is
shown how readily, by a scientific combination of 'French
railroads and rivers, a rapid and easy access might be
gained to the Rhine, and how with the Belgian and
German railroads established, in progress or contem-
plated, the Rhine itself is, or will be, brought into con-
tact with the Danube, which, in many respects, as M.
Chevalier observes, may be regarded as the " first
river in the world."

PRESENT TO HER MAJESTY.—On Tuesday
morning Captain Lewis, the Commander of the Braganza
steamer, which arrived at Falmouth on Saturday last,
from Lisbon, reached Windsor with a pair of marmczets
(or Brazilian monkeys), with which he had been entrusted,
as presents to her Majesty, from the Duchess of Braganza,
the ex-Empress of Brazil, and the mother of Maria da
Gloria, the Qucen of Portugal. The monkeys ( which
are male and female), were conveyed to her Majesty in a
beautiful mahogany cage, carefully wrapped in flannel to
preserve them from the change they have undergone in the
difference of the climate since they have arrived in Eng-
land from the Peninsula. They are not larger than a
middling-sized rat, with long bushy tails, somewhat re-
sembling those of squirrels, though considerably longer.
Their colour is dark gray, with long feathered ears, the
ears of the female being white, and those of the male of
the same hue as the body. The male is considerably
smaller than its female companion, and both could be
placed, " very comfortably," in a quart jug.
THE ARCHIMEDES' SCREW.— We have much
pleasure in affording any evidence of the value cf
this new method of steam propulsion, and we therefore
quote the following from a correspondent who is intimately
acquainted with its merits :—" Our readers may remember
our having noticed some time ago a very large iron steamer
building at Bristol for the Great Western Steam Ship
Company, and we now learn that this enterprising company
have determined to put Smith's patent steam propeller in
this magnificent and immense floating palace, which will
register nearly 3,000 tons, and be propelled with engines
of 1,000 horse power. This is by far the largest steam-
ship ever yet attempted, and being entirely of iron, and
having the screw instead of the paddle boxes, will com-
pletely test the comparative utility of both.—Glasgow
paper.
FATAL ACCIDENT ON THE LONDON AND
BIRMINGHAM RAILWAY.—TWO LIVES LOST.—On Monday
last, about two o'clock, as the down train from London was
nearing the Wolverton station it came in contact in the
following manner with some labourers who were walking
on thp line, and killed two of them and severely injured
another. They were proceeding in the direction of Wolver_
ton, and were intent on getting out of the way of an up-goods
train that was approaching them in front. In consequence
their attention was drawn from off the down train coming on
them from behind, and before they were aware of its near ap-
proach it ran over three of them, killing two dead on the
spot, and injuring the other so much that one of his legs
was obliged to be shortly after amputated. It is stated
that the engine-driver of the down train, when within a
quarter of a mile of them, gave them the usual caution by
snaking the engine whistle, but from their attention being
fixed on the up train, and the down train progressing on
an inclined plane, it was difficult to avoid the melancholy
catastrophe. The men killed were used to the line, as
they had been formerly employed on it in the vicinity of
Denbigh Hall.
COMMITTAL OF A DRUNKEN ENGINE-
DRIVER.—Yesterday the sitting Magistrate at Mary-
lebone police-office, Mr. Hardwick, investigated a case
of vast importance to the public, viz., the gross mis-
conduct of Joseph Jobling, a young
man employed
as engine-driver on the London and Birmingham
Railway, for drunkenness while on duty, through which,
on his part, it was a most miraculous circumstance that
a frightful collision did not take place, and the lives of
some of the passengers by the mail train sacrificed. The
offence was laid under the Act passed last session, known
as .. Lord Seymour's Act." The maximum punishment is
two months' imprisonment. Inculpatory evidence having
Leen adduced, Mr. Hardwick said :—A more flagrant
case of gross misconduct and neglect never came under
my notice. In the situation held by you the offence
of drunkenness is one which might lead to conse-
quences such as are frightful to think of, and you mast be
taught that the lives and limbs of passengers are not to be
endangered by such persons as you with impunity. The
Legislature has invested us with the power of punishing
such an offence as you have been guilty of, but I feel that no
punishment which I can give you will be anything approach-
ing to what you really deserve. You have sbamfully aban-
doned your duty, and the loss of life might have been the
result. It is quite a miracle that a frightful collision was
avoided, and I should be wanting in my duty if I did not
punish you with as great severity as IFM able. The
dreadful occurrences, through neglect, which have recently
taken place on railways render it imperative on me, for
the sake of the public generally, and as a warning to
other men of your situation, to do so, and you are there-
fore committed to hard labour in.the House of Correction
for two calendar months."
SOUND DUTIES.—In order to relieve the vessels
of Sweden from the necessity of traversing the Sound,
and paying the heavy passage dues, the old project has
been taken up once more for joining the Baltic and
North Seas by a canal. The canal will be about
seventeen German miles in length. It will be suffi-
ciently wide to admit of the passage of vessels of large
burden, which will be towed by steam-boats. The passage
will thus be accomplished in as many hours as days are
now occupied in traversing the sound. A saving will be
effected to Swedish commerce amounting to 60,000 nix
dollars a-year, which is at present paid to Denmark. A
loan will be opened, which will be participated in by
Prussia. Holland, and England, which are equally inte-
rested in the realisation of this project.—Augsbarqh a.
gettß.

THE SUN, LONBON, THURSDAY, OCTOBER 22, 1840.

SURREY QUARTER SESSIONS
KINGSTON, WEDNESDAY.

THEATRICAL LICENCES.
Mr. Jemmett applied to the Court for a renewal of
the licence for Vauxhall Gardens, in the names of
Richard Gyo and Frederick Hughes.—Granted.
Mr. Jemmett then applied for a licence for the Sur-
rey Theatre, in the name of George Bolwell Davidge.
—Granted.
Mr. Jemmett also applied for and obtained licences
for the Victoria Theatre, in the names of John Adol-
phus Young, William White Smith, and John Bond
Ratcliffe ; and for Astley's, in the names of Hannah
Waldo Astley, John Chanalier Cobbold, and William
West, jun.
The music licence for the St. Helena tea-gardens,
Rotherhithe, was renewed.
Mr. Jemmett then applied for a renewal of the music
licence granted last year to Mr. Philip Phillips, for the
Duke's Head and Bower-gardens, but he wished it to
be renewed in the name of Mr. George Alfred Hodson.
Mr. Chambers opposed the application on behalf of
Mr. Phillips, and he would state to the Court the reason
why he was instructed to do so. The Court would re-
member that the license was originally granted to Mr.
Phillips, who was an artist of eminence, to enable him
to have music during the exhibition of panoramic views
painted by him. He wished to be able to give rational
and innocent amusement to the public, and he had con-
ducted the establishment in the most respectable man-
ner and no complaint had ever been made against him.
The Learned Counsel then proceeded to state that in
the furtherance of his speculation Mr. Phillips had ex-
pended the sum of 5,0001., and had become involved to
some extent, and he was in consequence induced to exe-
cute a mortgage of his lease and a warrant of attorney to
his brewers, Messrs. Goding, upon the understanding
that some amicable arrangement would be come
to, but, according to the statement of the Learned
Counsel, the brewers instead of waiting, had entered
up judgment upon these securities, and had removed
Mr. Phillips from possession of the premises, and placed
Mr. Hodson there. Mr. Phillips, however, still held
the licenses, and when an application was made at the
last transfer-day to transfer the licences from Mr. Phil-
lips to Mr. Hodson, the Court, upon hearing the cir-
cumstances, refused to allow the transfer to be made.
Mr. Phillips had commenced a suit in equity to recover
possession of the premises, and he Submitted that as he
held the spirit and beer licenses, and was in law the oc-
cupier, although he had not the legal possession of the
premises, that he, and not Mr. Hodson, ought to have
the license.
Mr. Jemmett said that he should only say a few
words in answer to the statement of his Learned Friend.
He was quite ready to admit that Mr. Phillips was a most
respectable and talented person, but, like many other ta-
lented persons, he had been unfortunate; and the question
for the Court now was, whether he was in a condition
to entitle him to the license. It appeared to him that
as Mr. Phillips was nolonger in possession of the house
that he could not have the license. As to the share
the Messrs. Goding had in the transaction, the
facts were that, these' gentlemen had advanced large
sums of money to Mr. Phillips, and he was instructed,
that, so far;from Mr. Phillips having expended five thou-
sand pounds upon the premises, that no money whatever
had been expended but what had been advanced by
Messrs. Goding, and those gentlemen finding thlr state
of his affairs, for their own protection had obtained a
mortgage of the lease, and a warrant of attorney, and
had entered up judgment, and were legally put in pos-
session of the premises by the Sheriff, and Mr. Hodson
was now their tenant, and to him he submitted the
licence ought to be granted. He had the highest testi-
monials in his favour, and his talent and character were
quite equal to that •f Mr. Phillips. As to the spirit
and beer licences, be must admit that from some cause
or other he could not explain, the Court did refuse to
tranfer them from Mr. Phillips to Mr. Hodson, but he
did not doubt that they would renew them to Mr. Hod-
son at the next transfer day.
Colonel Challenor—How does Mr. Hodson carry
on the business without the licences being transferred ?
Mr. Jemmett—He carries it on under Mr. Phillips's
license.
Colonel Challenor—He has no right to do that.
Mr. Jemmett—lt has been the custom where a
license fails for one person, under any circumstances,
that the business may be carried on under the old license
by another.
Mr. Puckle—Yes, but only till the transfer day, and
in this case the Magistrates upon the transfer day re-
fused to transfer the license from Mr. Phillips.
The Magistrates, after some further conversation said,
that they could not grant a license to Mr. Hodson, as
he was not the legal occupier licensed to carry on the
business, and as Mr. Phillips could not make any us
of the license if it were granted to him, they thought it
would be better to defer the license altogether.
The Learned Counsel having conferred together, it
was arranged that a license should be granted in the
name of Mr. Phillips, and that some amicable arrange-
ment should be come to respecting it.
Mr. Chambers applied for a music license for Mr.
Joseph Ellis, of the Castle Hotel, Richmond. Before
he did so, however, he said he must inform the Court
that the rule that it had laid down as to the notice to
be given of such applications had not been strictly com-
plied with, but he hoped, under the circumstances, the
Court would consent to waive that rule. The Court
all knew the Castle Hotel, and Mr. Ellis, and the
character of the establishment was a sufficient guarani
that no disreputable proceedings were intended. The
object of Mr. Ellis was to enable him to have concerts
in his hotel, which he could not do now without subject.
ing himself to heavy penalties and expetises. The
Court was aware that a great taste for music had sprung
up in this country, but Mr. Ellis could not gratify the
gentry of his neighbourhood with a concert, without sub-
jecting himself to prosecution for keeping a disorderly
house, although the parties present might consist of
persons of the very first respectability and high station.
Only last summer he let a room to M. Thalberg, the
celebrated pianist, who, assisted by other talented rr-
sons, gave a concert, and a large audience assembled,
and among others an illustrious personage, accompanied
by his duchess, fell into the error of breaking the law,
and were actually present ; and a number of magis-
trates, who had not the fear of " Burns' Justice" before
their eyes, were also there.—(A laugh.) The sequel of
this, however, was, that some persons commenced an
action against Mr. Ellis to recover a penalty of 1001.
for this infraction of the law. It was in consequence
of this that Mr. Ellis was induced to make the pre-
sent application for a music licence, and he hoped hat.
under the circumstances, the Court would accede to it,
although the full notice of the application had not been
given.
Mr. Puckle said he would not offer any objection
either with respect to the Castle Hotel or to the re-
spectability of Mr. Ellis, but he did not think the
rules that had been laid down for so many years ought
to be broken. A period was fixed for notice of such
intended applications, and it would be unfair to the
magistracy of the county, generally, that such applica-
tions should be granted without giving them an oppor-
tunity of opposing them.
Mr. Penrhyn bore testimony to the respectability
of the house, and of Mr. Ellis, but still he considered
they ought not to break through the rule they had laid
down, for, if they did, great inconvenience must arise,
and they would never know where to draw the line.
The Magistrates sat there as guardians for the public,
and the public had a right to know beforehand when
such applications were to be made, to give them an op-
portunity of opposing them.
The Court then unanimously refused the application.
Mr. Chambers then applied for a license for the Ro-
tunda in the Blackfriars'.road, but as due notice of the
application had not been given, the application was
abandoned.
I In-

POLICE INTELLIGENCE.

MANSION-HO USE.
Captain Stewart, whom the Lord Mayor recognised
as a very brave military officer, appeared before his
Lordship for the purpose of being advised as to the
course he should adopt to obtain recompense for a very
remarkable benefit which he had rendered many years
ago to, as he had been given to understand, the under-
writers at Lloyd's.
The following is the substance of a written state-
ment which the Captain handed to the Lord Mayor.
Names are omitted for obvious reasons :
In the latter end of 1811, a ship, insured at Lloyd's
for 30,0001., and bound from London to Prince Edward
Island, anchored in the port of Burin, in Newfoundland,
where Captain Stewart was with a small recruiting
party. The Captain of tha vessel immediately on his
arrival, called a survey of the vessel, which condemned
her as unfit to proceed to her destination, on account
of unseaworthiness, and pronounced the cargo as having
incurred danger in consequence of the defect. The
ship and cargo was therefore advertised to be sold in
five days for the benefit of the underwriter. The day
after the advertisements were posted up, the first-mate
brought away from the vessel her dockets, and made
affidavit before the acting collector of customs, that the
Captain had, in two gales of wind on their passage out,
opened the hatches for the purpose of letting in the salt
water in order to damage the cargo, and thus enable
him to furnish an excuse for condemning the ship and
her contents at the first port he reached in North Ame-
rica, and that the Captain had also agreed with an
agent of a mercantile house then resident at Burin, for the
purchase of the stock for 3000/. Upon this statement
made upon oath, the acting collector instantly took
measures to rescuo the ship and cargo, by attempting
to get on board to obtain the register. The Captain
of the vessel, however, to prevent such an alternative,
pointed his guns, and armed his crew with muskets,
rich orders to parade the decks, whenever the collector
should make his appearance alongside. The collector,
after having made attempts for three days successively
to get on board, and being defeated in each attempt,called
upon Captain Stewart, represented that he was one
hundred miles distant from either naval or military assist
ante to aid him in seizing the ship, and that there was
but one day now to intervene before the sacrifice of ttic
ship and cargo ; that this transaction was a most

_------___ _
horrible one, for be knew that a person was to pay 1 " Harm !" retorted the race-rider. " Why bas.
3,0001. for the whole to the captain, who was to fly to to you! an' sure if wishin' it to you was enough.
es.
the United States of America, as soon as the property be well supplied—harm I warn% the nibors sayin 1
.1 One
should be disposed of. The representation concluded fairy struck I must have been, 1 was so change,.d..a,
an
with a request that Captain Stewart would act in de- eye bulged up, your reverins, an' me nose, blee 1 ,
no.
fence of the interests of the underwriters, who would, ' one leg o' me small clothes gone quite an elane,:,
_t
if some powerful interference were not made, be heavy to mintion the paste o' puddle over me face. Ilarrus
sufferers by such base proceedings. Captain Stewart I indeed ! Paddy Scully."
being wholly unacquainted with mercantile affairs, MAGISTRATE—And you also, it appears, struck your
asked as meant by " underwriters," whereupon mother-in-law. Eh ? didn't you beat her ?
the collector what w
placed before him the dockets, and showed Paddy—Allileu ! talk of batin' to Moll Brummagem,
him the names of the underwriters at Lloyd's, stating to that used to head her own facshin' at the fairs long
him the nature of the responsibility. To the best ago. See, Sir, this woman (here he touched Mrs. Seca
woman'slr
of his recollection there were twenty names attached, on the shoulder) is my wife, surely, an' this .
and the collector declared that if the nefarious plan sue- daughter—an' the evenin' I wint to put in me proposha!
ceeded those gentlemen would be compelled to pay the for her to her father I got a batin' that I won't dis_
30,0001. for which the policy was effected. Captain remimber, my hand to you, iv I live till the day ot
Stewart, shocked at such intelligence, determined, at judgment.
whatever risk to himself, to render all the aid in his ~ Well ; an' what's that to the purpose ?" interposed
power, in the conviction that, as a British officer, he was Mrs. Brummagem.
bound to protect the interests of the British merchants. "Oh ! bind alive, eazy,
He then sent for his sergeant and his recruiting party, the accused. " Keep studdy till I make the gintlem
or
consisting of only six men with side-arms, proceeded to sinsible ov what sort ye are. After takin' a hoise e
the ship, went on board, and delivered the vessel to the two ov sperrits, your reverins, begor Tom Brut:elf:_
collector, and the captain was placed in irons and produced a couple ov smart blackthorn sticks. Ir_
m'am dear, (no'," returnee!
handed over to the Magistrates. The collector then die one o' these, an' stand opposit me out,' says
requested that he would allow the soldiers to remain on he, 'or the cl-1 resave the one o' you'll evert.er.nkt
board to guard the ship and cargo, which was readily my colleen Mrs. Scully.' Oh I murdher, I'm 1 'ia
granted, and a despatch was sent to St. John's, the ea- ye, gintlemen. Well, to shorten me story, lan u gevw a
pital of the Island, by the collector, with a detailed meself an' spit in me fist, wid respects to ye, .r. __
account of the whole proceedings to the Court of Vice- screech that mod the rafthers ayeho, to hide the th... Iwo
Admiralty. In a few days an answer was returned with blin' in me heart, for he was first-rate on a stick. i
instructions from the Judge of the Court to the collec- the hat a slap down on my eyes, an' at it vre
oke
tor, and also the Magistrates, to hold the ship and cargo, belly, an' sides ; feint, cover, an' cut ; back st right
and to keep the captain in prison until the agent of the medium guard, an' knee-pan tech (flourishing
his
right
owners should arrive from Prince Edward's Island. It hand), till I get an' got sich a lieltin' that I was s
Oin,•
was necessary to state that the captain of the vessel o' me life as a bull that u'd been bet three days run
upon being taken prisoner, spoke as if he acted upon the (Laughter.) all, you
occasion upon authority. In the month of March the " Au' may be my husband did not feel you at r
agent arrived from Prince Edward's Island at the port spalcheen ?" interrupted Mrs. Brummagem.
main's"
of Burin, and released the prisoner in consequence of Paddy laughed and winked a whole life
There'sthe
instructions from the owners, and from thence he pro- senses at the old lady, and continued, " ahe,s
winbbagck,
ceeded to Prince Edward's Island with the ship and proof he did," (slapping Mrs. S.'s shouldere)
st; tbat
a
cargo safe. The vessel was then loaded with timber, dead and gone now, but I taught him someps,
and she arrived in the port of London without any in- evenin' he never lamed ov a danein'-enasther ; n ' _a,
jury, and the underwriters were thus, by the resolute deed, he cut a few crucifixes on the head that was
and decisive interposition of Captain Stewart, protected ondher my Caroline ;so that I only wondlier %was°
against an enormous fraud. the same for a head.'
The LORD MAYOR said that the tenor of Captain When Mr. Scully wound up, it was in Hu .
wars.
Stewart's alleged interposition was so long gone by mother-in-law that she had better come to part
oh
that the recollection of it, particularly as remuneration which she did briefly enough, by informing the I3e ra.
was expected to flow from that recollection, would na- that master Paddy had caked a " screeehid !],0..t rvi.
turally be very weak at the present moment. His tee "in her ear, by flinging it at her, thereby dr
Lordship asked Captain Stewart whether he had any her to the verge of madness." 66 do
communication with the Chairman at Lloyd's on the ~ Here, botheration to id," said Paddy Scully,
subject ? ye all come home." r hands
Captain Stewart (as our reporter understood him) Magistrate—First pay the costs, and keep you
said that the Chairman at Lloyd's did not appear dis- quiet in future. .0y id,
to Cu]
ace-
the
' t. ated to bill
posed to credit the statement, and that was the reason Paddy—" Oh ! long life to you, an' health
the present application was made to his Lordship. The an' that I will. See here I'll be so orderly an'sPober,
facts were well known to several, who were strongly able that people 'll be sayin—' Dear me, what a liter.)
persuaded of the bona fide nature of his claims. If hard workin' boy that Scully
there was any misrepresentation in the statement he An' as for you, Owen Welch, thurm ik, frame
.rongive,
was willing to submit to the penalty of contempt, to hands). See here—'pon me word, I heartilY 1 good
which he must be subjected, in the minds of all men of you, so I do. A good rnornin', gentleozen--- ood
honour. For this act, which had effectually prevented mornin', poleesemin. Come away, Mrs. Scully. A 8
the heavy pecuniary loss to the underwriters, he had mornin' to you, Mrs. Brummagem."
been much censured by Major-General Moore, then
commanding the forces in Newfoundland ; but when
the matter was fully explained by the Judge of the Court is'—(Great lauffat.ake
of Vice-Admiralty, who declared that as a young officer,
1 he (Captain Stewart) had acted with remarkable judg-
ment and decision in protecting the interests of the
British merchants, the Major-General withdrew his
censure, and his (Captain Stewart's) conduct was highly
commended by the merchants of that and the surround-
ing colonies, who expressed their opinion that he was
entitled to a handsome recompense for his exertions
from the underwriters.
The LORD MAYOR regretted that Captain Stewart
had allowed so much time to pass without making appli-
cation, but he expressed a hope that such a service had
not entirely escaped the memory of those who were
immediately interested, some of whom would probably
hear of the obligations they were under to a gallant
man, who now stood in need of that to which he cer-
tainly appeared to be entitled.
Captain Stewart expressed his acknowledgments in
very grateful terms to the Lord Mayor for the kindness
of his Lordship's sympathy, and for the very great
courtesy manifested towards him. He stated that the
period at which the occurrence took place, being war
time, he preferred following his regiment to any other
pursuit whatever, and he naturally concluded that if he
survived the war, advantage would not be taken of the
lapse of time to deny the validity of his claim.
The LORD MAYOR—I would advise you to apply
again to the Chairman at Lloyd's. lam convinced that
justice will not be refused you. At all events lam con-
vinced that if your claim be rejected some cause will be
assigned, and then you will be enabled to correct any
mistake or misapprehension which may have arisen with
respect to the extraordinary circumstances you have
stated.
Captain Stewart—l will take your Lordship's advice
and inform you of the result. The Captain then
withdrew.
We understand that Captain Stewart is the man who,
by leaping from the Archduke Charles transport and
swimming to shore on the coast of North America in the
year 1816, saved the lives of nearly 300 persons, and
that Government have promised to take his eminent ser
vices into consideration.
ce

CORN AVERA GEM

GENERAL AVERAGE PRICES OF BRITISH C eturns
For the Week ',ended Oct. 16, 1840, made up from lan, an
°
the Inspectors 111 the_different Cities and Towns In Pg