The Sun.
London, England, 1847-06-17 00:00:00

betnil% Atix.

LONDON, THURSDAY, JUNE 17, 1847.

Although the Protectionists may repudiate the
notion that there was any discreditable collusion on
their part for the purpose of quashing the division
upon the motion of the ion. Gentleman the Member
foe Montrose, it is impossible to regard that catas-
trophe as otherwise than most gratifying to them-
selves:. That we are justified in such a supposition
must be self-evident from the circumstance that the
House* was abruptly counted out at the suggestion of
Mr. NAWDEGA.TE—Of Mr. NEWDEG/TE, the indefa-
tigable and alert whipper-in of the country party.
gn opportunity so tempting was as irresistible to

Mr. NEWDEGATE as a cup of sack with a toasted cake
in it would have been to the lip of BAEDOLPH. After
the Right Hon. Baronet the representative of Tam-
worth had concluded a speech, which Mr. HUME has
facetiously termed a " tissue of absurdities," the
House thinned visibly—the most important epoch to
an Englishman in the twenty-four hours had arrived
—Members dropped off one by one to BELLAMY's—
the First Lord of the Treasury himself had strolled
out to observe how m atters progressed in the
House of Peers—and Sir JAMES GRAHAM had
yielded to those fascinations of the cuisine which
were, as he candidly confesses, superior in his estima-
tion to the attractions of Dr. BO\NRING'S oratory.
What a superb opportunity for the Protectionist
whipper-in ! Why, his heart must have been as
much thrilled with emotions of satisfaction when his
eyes roved over the empty benches as that of the
clown CYMON when he peeped through the boughs at
the recumbent beauty of IPHIGENTA ! When Lord
JOHN RUSSELL remarked last night that, from the
peculiar conformation of the New Palace at West-
minster, there was not sufficient time for his return
to the House before it was actually counted out, Mr.
NEWDEGATE must have chuckled in his sleeve. It
is manifest, in short, that the sudden and fruitless
termination of three nights' prolonged discussion
upon Portugal is attributable to an accidental
paucity of Members and the cunning alertness of
Mr. NEWDEGATE. The Lord Mayor of York may
protest that there was no pre-arrangement whatever
in the matter. That is probable ; but it is no less
certain than that is probable that the Protectionists
are rejoiced at the fact of their whipper-in having
prevented the announcement of a triumphant majority
in favour of the Government.

Perhaps, however, it is as well that the debate
should have terminated in this quiescent manner, as
enough has been said in all conscience to satisfy even
the most punctilious upholder of constitutional rights
and privileges. The Hon. Member for Montrose
himself must be satisfied, even though he have some
compunction in acknowledging as much. No one,
however displeased with the bearing of Mr. HuasE's
motion in a condemnatory manner upon the Govern-
ment, will regard the introduction of that motion
with sentiments of di3satisfaction. To the discussion
forced upon Parliament by the representative of
Montrose the country is indebted for the most
copious and perspicuous explanations of the mea-
sures adopted towards the belligerent forces in Portugal
Through the impulse of that discussion the diplomatic
portfolio has been opened, and its mysteries revealed
to the multitude. From the opposition excited against
the Cabinet in the course of that discussion the
Ministerial orators have been put upon their mettle,
and the speeches delivered by the Paymaster of the
Forces, by the President of the Council, and by the
Prime Minister himself, had so entirely vindicated
the course pursued by the Administration that little
was left for explanation from the lips of the Noble
Lord the Secretary for Foreign Affairs.
Henceforth there can be no trepidation as to the
consequences of our armed intervention in the Penin li
-
sula. An entire amnesty has been insured to the
popular chieftains by the terms of the accepted con-
vention. Queen MARIA DA GLORIA is bound by the
bonds of gratitude, and the dread of ultimate disaster,
to fulfil for once her engagements of liberality with her
people. The natural and national rights of the Portu-
tuguese citizens are sheltered under the aegis of Bri-
tish power—the Government having solemnly pledged
itself before the House of Commons, and in the face
of the whole world, to be the protector and conser-
vator of those rights.

Whatever piques may have been gratified by the
premature counting out of the House on this im-
portant question, it is beyond dispute that the discus-
sion has shown with a magnificent distinctness the
light in which popular freedom is regarded not
only throughout these islands, not only throughout
the territories of France, but even among a race
hitherto regarded as comparatively indifferent to the
blessings of political liberty, or as sunk in the slough
of a deplorable torpor. Henceforth no more
Cabrals, no more Dietses, no more Ministerial des-
potism on the banks of the Tagus. The Portuguese
have shown themselves too powerful, too determined,
and too unanimous to dread their being driven to another
revolution by a repetition of their grievances. The
SOVEREIGN has consented to a pacification and recon-
ciliation with her subjects under circumstances which
will not admit of recalcitration on her part without the
total overthrow of her authority. Above all, England
has evinced herself a puissant mediator and an un-
flinching upholder of the liberties of nations.

The whole criminal law of this country is in a
disjointed state. Defective as it is in its principles,
in many respects it is still immeasurably more open
to censure in regard to its general administration.
The latter:, assertion is abundantly testified by the
second report, which has just appeared, of the Select
Committee of the House of Lords, appointed to in-
quire into the execution of the criminal law. The
1 result of a considerable portion of the evidence they
have taken is summed up in the declaration " that
imprisonment, as usually practised, is not an effi-
cacious punishment;" and, again, in reference to the
evidence, they declare that it " all tends to show the
great importance of improving our prison discipline ;"
and lastly, after enumerating various methods for
reaching this object, they unanimously wind up with
the opinion that from education, more than anything
else, must we hope for an effectual diminution of
crime. Our readers will therefore perceive that all
we have so long been endeavouring to impress
upon the attention of the public is, by the report in
question, fully borne out. Something must be
done, and speedily, too, to remedy the present state
of things. The criminal machinery of the country
may be said to have come to a dead lock
We observe that nearly all the Learned Judges
are agreed that it would be extremely unwise to
abandon transportation as a means of punishment ;
and yet the Government, by the force of existing
circumstances, have felt themselves compelled, and,
as we think, reasonably so, to recommend its sus-
pension. One hundred and six convicts have just
been removed from Newgate to the Milbank Prison
to make room for the great influx of prisoners for
trial into the former gaol. The convicts are left in
uncertainty as to their ultimate destiny, and though
they are a class of persons the least likely to elicit
sympathy from such a position, still it is one in which
they would not be left in any well-organized system of
judicial administration. A man sentenced to trans-
portation haft a fair right to A xpent that impriannmPnt
in this country shall not be substituted for it, parti-
cularly if he should prefer the former punishment to
the latter. It is true that the Executive have a discre-
tionary power to imprison convicts as long as they
please, such a power being necessarily incidental to
carrying the sentence of exile into effect ; but, then,
to extend their incarceration beyond the period when
the means of transport are conveniently at their com-
mand, is to act in opposition to the spirit, though it
may not be in violation of the strict letter of the law.
The statute is certainly defective, in not having fixed
a period within which felons under sentence of trans-
portation must be shipped off to their destination ;
but, now that transportation is suspended, we are
without sufficient prison accommodation, and pri-
soners are consequently indiscriminately huddled off
in any direction. Turning to other matters, akin to
the subject of which we are treating, we observe that,
in the Central Criminal Court, Mr. Justice PATTESON
complained that no counsel were engaged in many,
cases involving very serious offences, thereby throw-
ing the duties of prosecution on the Bench, a prac-
tice much to be reprehended. The reason came out
that the present scale of ;expenses allowed by the Court
was of so niggardly a character that no respectable
solicitor would undertake a case. We entirely concur
in the opinion of the Learned Judge, that, for the
ends of justice, the scale of fees should be forthwith
revised. In the New Court we find the Common
aScegrugietatd
net travellinghythe j
uroyu,t
tohfe judgehiscourse. A prisoner is
told the that he thought there h
sufficientwaasvinngetprevlousy
ta
evidence to convict him. He subsequently informs
the prisoner that he considered " he was very ( for-
tunate." Ifresumpti remarks of this sort were to be
sanctioned, a man, so far as his character
is concerned, might as ill boeppofosuitniodn
guilty.te a
Extra judicial
presumption
uof
law,observations,
tdoechlaafeedittoimbemeidninaotecleyntafbiershNi_asrdcominpseinerusatoeud against
tnnostt
La ,
him by the judge that heru neverthelessbe right or wrong believes him
to be guilty. The judge

his opinion, and if the latter, and no man is infallible,
he inflicts irreparable damage. Let the public form
what opinion they may think proper of a man's guilt
or innocence after trial ; it is clearly not in
the province of the judge to deliver his in this ob-
jectionable shape. These pranks on the Bench must
be " put down."

The debate on the second reading of the Tenants
(Ireland) Bill, which had been adjourned from the
28th of April, was yesterday resumed in the House
of Commons, and terminated by the rejection of the
Bill by a large majority. We should deeply regret
this untoward result, were it not for the explanation
afforded on behalf of the Ministry by the Chief Se-
cretary for Ireland, as to the unfortunate and melan-
choly cause that prevented the introduction by the
Government, during the present session, of a just
and comprehensive measure for the improvement of
the relations between landlord and tenant in that coun-
try. That such was the intention is manifest from the
statement of the Premier at the beginning of the
session. It was only delayed in order that it might
have been brought forward under the auspices of the
lamented Nobleman, the then Viceroy, whose
thorough knowledge of the subject, whose position in
the country, as well public as private, and whose great
popularity with all classes, rendered him peculiarly
fitted for the task. The fatal event that deprived the
nation of his valuable services, the extraordinary
quantity of Irish business pending before either
House, the difficulty of the subject, and the mischiefs
that might result from any crude or hasty legisla-
tion, compelled the Cabinet to postpone their intended
measure. But the recognition of the principle, the
admission by the Minister whose official duties are
more immediately connected with the sister kingdom,
" that measures might be devised, that although they
would be objectionable in this country, might produce
the most beneficial consequences in Ireland," and his
statement " that he was prepared to approach the
subject, with reference not only to general principles,
but also to the special circumstances of that
country," afford the strongest evidence, amount-
ing to a moral certainty, that the matter will
be brought forward at the very commencement of
the ensuing session, on the Ministerial responsibility
It is needless to say that the great object will be
much more effectually promoted by being introduced
in this manner than if brought forward by any pri-
vate Member, no matter how energetic and efficient
he may be. It will give it a certainty of a fair hear-
ing, and if ultimately rejected it must be on the
merits, and not by any of the petty tactics or paltry
ruses, too often resorted to in Parliamentary war-
fare. It will insure a full discussion, and that
attentive consideration the vast importance of
the question so urgently demands. It would also
be scarcely possible to hope, at this late period
of the session, that the measure proposed by the
Hon. Member for Rochdale, even had it been
sanctioned by the House, could have been brought to
a successful termination previous to the prorogation,
or, we should rather say, the dissolution of Parlia-
ment. We cannot, therefore, regret the present de-
cision, although we agree with Mr. CRAWFORD in
the paramount importance, nay, the absolute necessity,
of the measure, and acknowledge his claim to the
public gratitude for the zeal and efficiency with which
he has directed general attention to the matter.
There is no doubt that many of the occupying
tenants in all parts of Ireland have certain capital at
their disposal, which fey would gladly apply to the
permanent and lasting improvement of the soil, if they
were satisfied that they themselves, or their children,
would reap the benefit of that expenditure in the
length and certainty of their tenure, or that they
would receive adequate compensation in the event of
their being driven from their holdings, or the rent
being unduly increased. Many others would gladly
apply their labour for the same purpose, if similarly
secured, but they refrain from doing so because they
fear that any such exertions on their part would have
the effect of inducing their landlord, who might pos-
sibly be in embarrassed and needy circumstances, or
his agent, anxious to obtain the profits derived on a
change of tenants, to deprive them of their holdings.
Were this fear removed, there is little doubt that im-
provements would become general, and that neglected
husbandry and inadequate cultivation would become
the exception and not the rule in that country.
This was the opinion of the Commissioners for the im-
provement of the law of landlord and tenant,who by their
report most strongly recommended the enactment of
such a law, which they stated "they were satisfied
would be more advantageous than almost any other
that could be brought forward." The least,considera-
tion of the circumstances of the sister kingdom will
convince any person that there is a still more urgent
necessity for such a measure in consequence of the
recently introduced poor-law. In fact the safety of
the landowners can only be obtained by the full deve-
lopment of the agricultural capabilities of the country,
and the extraction of the greatest amount of produce
from the soil. The tenant who hadimproved his holding
and thus acquired a claim thereon would have given
the best possible security for his future good con-
duct, and the due fulfilment of his part of the con-
tract between himself and his landlord, and of his
anxiety to attain this great object. The proprietors
would, in fact, be the parties most benefited in the
end, although great advantages would also be afforded
to all classes. Why, then, should any petty jealousy be
suffered to intrude or induce them to offer any oppo-
sition ? We trust that they will not be so blinded to
their own best interests, and that we shall speedily be
enabled to congratulate the Irish people on the
triumphant success of an efficient and ample enact-
ment.

Madrid papers of the 10th have arrived.

The quicksilver contract was adjudicated on that
day by the Minister of Finance to the Bank of Fo-
ment°, at the price of 86 dollars 11 reels per quintal,
or 11 reals more than the minimum fixed by the
Minister. Two other offers, supposed to proceed
from the house of Rothschild, being considerably in-
ferior to that minimum, were not admitted.
General RIVER° has been appointed Captain-
General of Burgos, and General COTONER Captain-
General of the Balearic Islands. General TAcoN
has been raised to the rank of Grandee of the first
elass, with the title of Duke of the Union of Cuba.
A new daily paper called the Correo has been
started in Madrid. Its object is to advocate the in-
terests of Senor SALAMANCA. It was reported that
the Carlists in Catalonia had risen in considerable
form, had talon rnccaczinn of tlin rowde.r moganino or
Manresa, and had employed all the horses of the town '
to carry the powder to a place of safety. At the
same moment another Carlist band took possession of
Igualda.

The Three per Cents. were done at 30; for cash; the
Four per Cents. at 18; the Five per Cents. at 18k; the
Debt without Interest at 54; and the Coupons at 15.

We have received the Paris papers of Tuesday.
They all comment on the debate on the affairs of
Portugal, which took place in the Chamber of De-
puties on the preceding day.
The Journal des Debats gives the following resume
of the proceedings :
" The sitting of yesterday, in the Chamber of Deputies,
was consumed by that which will no doubt be termed a
speech from M. Cremieux, by a simple reply from M.
Guizot, and by a few phrases from M. Odilon Barrot.
We are obliged to confess, first, that we consider a de-
bate on the subject of an intervention or non-interven-
tion in Portugal as perfectly useless. It is a question
which appears impossible to us to be considered in an
absolute manner. The principle of non-intervention is,
no doubt, the general rule ; but, like every rule in human
affairs, it has necessarily exceptions. Thus, at different
periods, we interfered to found the kingdom of Greece
—we interfered to found the kingdom of Belgium. We
do not ever recollect that it was imputed to France as a
crime to have taken part in those great events. If we have
not interfered in Poland it is not the fault of the Opposi-
tion. If, at a later period, we did not interfere in Spain, it
was not the fault of the opposition. When we evacuated
Ancona, God knows in what manner the opposition
hailed that return to a natural state of politics. As the
British Prime Minister judiciously observed, those who
blame the intervention would have wished that we in-
terfered against Spain, to prevent her from interfering.
If we wished to prolong the discussion on that ground,
it would be an eternal war of words, out of which we
could never escape. Intervention and non-intervention,
in place of being themselves principles, are, on the con-
trary, successively applied in order to effect the tri-
umph of more general principles. The only question
is, therefore, to know whether, in the particular case
at present under discussion, intervention was conform-
able to the principles which should direct the policy. of
the constitutional states of Europe. The Opposition
exclaim against our intervention in Portugal. If we had
Foot interfered, the same parties would have expostulated
in a louder tone. How much should we not have heard
of the abdication of our influence;' of ' the isolation in