The Sun.
London, England, 1841-07-10 00:00:00

SPIRIT of the PUBLIC JOURNALS

FROM THE EVENING PAPERS OF YESTERDAY.
GLOBE.—It must have struck the minds of all who have
read the election harangues of the Conservative leaders,
that while assuming the present struggle to be decisive
of the question whether the Tories are to succeed to the
administration of affairs, not a word has been said by
which the nation can judge how, in the event Ipresumed,
affairs are likely to be administered. Coming forward
avowedly as candidates for office, it might reasonably
have been expected that the monopolists would have given
something like an outline—however indistinct and shadowy—
of their intended policy ; but, on the contrary, they seem to
have studied the " philosophy of mystery," and to have felt
that their only chance of obtaining approbation for
their plans is in rendering them utterly inscrutable.
The whole upshot of all the Tory eloquence, with which
the land has been flooded for the last fortnight, is this :—" We •
will obstruct the measures of the Whigs ; '—hut if asked what
the Conservatives intend doing themselves—each embryo Mi-
nister has imitated Lord Burleigh in the play, and shaken his
head with a portentous gravity, the meaning of which is utterly
untranslatable. The obstructive policy which the Tories have so
long exercised, and the obstinate silence they still observe on
(as they boast) the very eve of power, would induce one to sup-
pose that their Government would be that of King Log, had the
country not learnt by very long experience that the lifeless pon-
derosity of Log changes to the voracious activity of Stork, di-
rectly a footing is obtained in the Treasury. Taking their
own speeches as a criterion of the qualities they pos-
sess for the task of government, it would seem that an ob-
stinate desire to get between the legs of the party devoted to
safe and salutary progress, for the sole purpose of tripping them
up, is the great peculiarity on which the Conservatives rest
their claim to the confidence of the Queen and the support of
the people. A talent for getting the machine of Govern-
ment into what the Americans would call a fix, is not
precisely the sort of attribute to entitle a party to its super-
intendence. The speech of Sir Robert Peel, at Tam-
worth. professes to be a most candid exposition of what he has
been doing for the last ten years, but says nothing of what are
his intentions as to the month or so during which he may pos-
sibly be invested with the name of Minister. Everybody
knows that he has beentrying with all his might and main to
" widen the foundations of his party," and every one knows
he has succeeded, for the foundations are too wide—the ele-
ments too discordant and fair apart to admit of any superstruc-
ture being raised on a basis so devoid of compactness and union.
STANDARD.—In the northern division of Durham the
old Members, the Hon. H. T. Liddell (Conservative) and
Mr. Lanabton (Whig-Radical) have been returned. We
know not whether this is a case of compromise, and from Mr.
Liddell's character we are led to hope that it is not. Mr. Lamb-
ton's vote against ' Ministers on the sugar duties may have
served to mislead the electors, but the same gentleman's
vote on the 4th of June ought to have undeceived
them. It is a cheat, and nothing less, to pretend to resist
injuries, while you continue to preserve in the hands of those
who attempt them instruments for the commission of such in-
juries. Every vote given in Parliament for the present Mi-
nisters is a vote for Popery, for the slave-trade, for the
continuance of'mill slavery, for the ruin of the colonies,
and the ruin of British agriculture, and for the 'sa-
vage cruelties of the New Poor-law ; and every vote
given for a supporter of Ministers at the hustings is no less a
vote for all these things. No man can be so dull as not to
see the chain of consequences. " He," says the just maxim of
our law, " who does an act by the hand of an other, is really the
author of the act ;" and the reasonableness of the rule can
never be more clear than in the identification of the acts
of a Ministry with the acts of its Purliamentary sup-
porters, and the identification of the acts of those supporters
with the acts of their constituents. Whoever supports, or
does not, to the utmost of his power, oppose a Ministerial
candidate, is really responsible for whatever of evil the
Ministers contemplate. Let not then a single vote ba re-
ceived as a title to support for any man who is generally
a supporter of Ministers. Either the vote or the gene-
ral support has been insincere and dishonest ; and an in-
sincere and dishonest man is an unfit representative for an
upright English constituency. We pass, however, from
North Durham, which has been thus neutralised, or to
speak the truth, been disfranchised, by mistake, neglect,
or some unworthy compromise, to better prospects. We
pass to counties where contests have been raised,
and where, for that reason, Conservative principles
are manifesting their ascendancy. In the West Riding
we find, at the close of the first day's poll, her Majesty's Secre-
tary for Ireland, Lord Morpeth, in a minority of 829 below the
second of his Conservative competitors (Mr. Denison), and in
a minority of 1,092 below the first (Mr. Stuart Wortley). In
1837 Lord Morpeth defeated Mr. Wortley by a majority of
1,087. We are always slow to proclaim a victory before it is
actually won; but at present we have all rational ground of
hope that the Conservative candidates in the West Riding
will replace Lord Morpeth and his Whig-Radical colleague,
Sir G. Strickland. It is remarkable that in the opulent and
intelligent districts of Leeds and Wakefield, the success of the
Conservatives has been the most conspicuous; it is plain that
the electors have not forgotten Lord Morpeth's compliment to
their wives, mothers, sisters, and daughters, borrowed from
Mr. Daniel O'Connell.

SHERIFFS' COURT-GUILDHALL.
(Before Mr. Sergeant ARABIN.)
DAY AND OTHERS V. HOBSON.

ThiS was an action brought by .the plaintiffs as the
Trustees of the Bartholomew Equitable Loan Society, to
recover the sum of 31. 45., under the following circum-
stances

Mr. MILLER was for the plaintiff, Mr. JAMES con-
ducted the defence.

It appeared that the defendant became security to the
Loan Society for a female of the name of Nottage for the
sum of 151.; he passing his promissory note for that sum.
The person for whom he became security paid upwards
of 121., and the action was brought for the recovery of the
balance. The defendant joined issue and pleaded that
he did not make the note. Proof being given of his signa-
ture to it.

Mr. JAMES, on his part, submitted that under the sth
and Gth of William the Fourth, the Court had no juris-
diction, as the Act of Parliament directed that Rae, the
defendant, ought to have been sued by-summons before
the Magistrates, and not in a superior Court. The Act
was.naade for the protection of the poor defaulter, and
the costs not to exceed ten shillings.
Mr. MILLER, for the plaintiff§,-contended that the de-
fendant having joined issue and pleaded that he had not
made the note, he could not then set up such a defence.
Previous to his pleading he should have demurred to the
declaration.

Mr. Sergeant ARAM', having looked into the Act
thought •it better that the plaintiff should be nonsuited,
with liberty to move the Court to enter a verdict for
the plaintiff.
Mr. MILLAR protested against the nonsuit, and con-
tended that issue being:joined, and there being no prohi-
bitory clause in the Act to prevent the case being brought
into a superior Court, the Jury were bound to find upon
the issue proved.
Mr. Sergeant ARABIN thought it was immaterial how
the verdict went as to either party. He would give leave
to move the superior Court.

After considerable wrangling between the Counsel, it
was agrecll to on the part of the defendant that verdict
should pass for plaintiffs, and that certain points were to
be reserved, with liberty to Move the superior Court.
The Jury found a verdict for the plaintiffs for'll. 45.,
and attached the following protest to their Verdict, which
was read by the Foreman The Jury, in giving their
verdict, must express their strong disapprobation at the
course taken by the plaintiffs in bringing the cause into
this Court, when a summary means was open at
much less expense, and also in adding heavy charges
through fines and attorneys' costs."

FROM LAST NIGHT'S GAZETTE:

CROWN OFFICE, JULY 9, 1841.
MEMBERS RETURNED TO SERVE IN TILE NEW PARLIAMENT.
Cupar, St. Andrews, Anstruther Easter, Anstl uther Wester,
Crail, Kilrenny, and Pittenween—Edward Ellice, jun. Esq., of
London.

Dysart, Kirkaldy, Kinghorn, and Burntisland—Robert Fer-
guson, Esq., of Barth.
Herefordshire—Kedgwin Hoskins, of Birck-house, in the
county of Hereford, Esq. ; Thomas Baskerville Mynors Bas-
kerville, of Clyro-court, in the county of Radnor Esq. ;
Joseph Bailey, jun., of Easton-court, in the county of Here-
ford, Esq.
Hereford—Edward Bolton Clive, of Whitfield, in the county
of Hereford, Esq. ; Henry William Hobhouse, of Farley-
castle, in the county of Somerset, Esq.
Leominster—Charles Greenaway, of Barrington-grove, in
the county of Gloucester, Esq. ; James Wigram, of Lincoln's-
inn, in the county of Middlesex, and of No. 68, Portland-
place, in the same county, Esq., one of her Majesty's Counsel.
Middlesex—George Byng, Esq. ; Thomas Wood, the
younger, Esq.
Westminster—John Temple Leader, Esq. ; the Honourable
Henry John Rens, a Captain in her Majesty's Navy.
Tower Hamlets—William Clay, of Fuiwel-lodge, Fulliam, in
the county of Middlesex, Esq. ; Charles Richard Fox, of Ad-
dison-road, Kensington, in the said county, Esq.
Finsbury—Thomas Slingsby Duncombe, of No. 6, Albany-
ecurt-yard, Piccadilly, in the county of Middlesex, Esq. ;
Thomas Wakley, of No. 35, Bedford-square, in the said
county, Esq.
Marylebone—Sir Benjamin Hall, of Llanover-court, near
Abercarne, in the county of Monmouth, and of Wimpole-
street, in the said borough, Bart. ; Sir Charles Napier, of
Merchtstovvn-hal:, Horndean, in the county of Hants, and No.
67, Baker-street, in the said borough, Knt., K.C.B.
Brecknockshire—Thomas Wood, of Gwernevet, in the
cowry of Brecon, Esq.
BrecknOck.—Charles Morgan Robinson Morgan, of Ruperra,
in the county of Glamorgan, Esq.
Edinbr.rgh (County)—William Ramsay Ramsay, of Barn-
ton, Esq.
Edin'aurgh. —The Right Honourable Thomas Babington
Macaulay ; William Gibson Craig, Esq., the younger, of
Ricarton.

Linlithgowshire—The Hon. Charles Hope.
Ayr, Irvine, Campeltown, Inverary, and Oban—Patrick
James Herbert Crichton Stuart, Esq., commonly called
Lord James Crichton Stuart.

Haddingtonskure—Sir Thomas_Buchan Hepburn, of Smea-
ton Hepburn, Bart.
Perthshire—Henry Home Drummond, Esq., of Bla:r Drum-
mond.

Perth—The Rigkt Hon. Fox Maule, Vice-President of the
Board of Trade.
Isle of Wight—The Hon. William Henry Ashe A'Court
Holmes, of Westover, in the said county.