The Sun.
London, England, 1847-07-09 00:00:00

liqd on and had, no doubt, tended greatly to that reduc-
tion of mortality to which he had referred. It was a
Sincere satisfaction to him to be enabled to state also
that the measures which had been adopted by the Go-
vernment had very materially lessened the amount of
crime in Ireland; and there was every reason to hope
that with the means which had been adopted for the im
provement of the population the catalogue of crimes
Would be still more sensibly diminished. In his baronies
In the county of Clare, no less than 11,000 persons had
been employed. Under and in the return which had been
OW to, the Government, the number of persons were
Made out to be very considerably less. The distribution of
Uncooked food had been prohibited by Government, as
those to whom it had been given had in some instances
devoured it raw. These horrors were being gradually
removed by the operations of the Government, and
living way to a more healthy and less savage tone of
abits in the people. Upon the whole, he thought that
they might flatter themselves that the very extended
operations of the Government had succeeded beyond
What might naturally_ have been expected. In the regu-
lations for the establishment of fever hospitals, and the
altered system to be pursued in the workhouse, the
greatest attention had been bestowed to the relief of
those who were in suffering; and he was happy to say
that the necessity for these operations were daily de-
creasing, He hoped that they should be enabled to
bring their operations to a close in the harvest
Of the present year, and that by that time all call or
demand for further interference on the part of the
Government would cease. When the system of relief
from the public works broke down, they took to the
System of affording relief in food, and it had been at-
tended with the best results. The relief committees had
had eighteen months experiment of the plan of affording
relief to the poor, and as to the best mode of dispensing
relief. The Government had taken care that the repay-
ments should not press too heavily during the autumn, or
there to whom the loans had been made. They did not
ilitend to insist upon the immediate repayments of loans
blade on the security of the rates. They would, there-
fore, be simply burdened with the payment of the loans
blade last year, and but 27,0001. would have to be repaid
in the course of the interval between the summer and the
°mining Spring Assizes, namely, grand cess and instal-
ment, 14;4001., and relief works, 12,5001 They must be
prepared to aid those who could not obtain a subsistence
labouring at agriculture, and
_with this view 50,0001.
W 1 voted last year; for the improvement of the river
hyde, 40,0001. ; and for sea fisheries and piers,
60,0001., 620,0001. to the three railway companies, and
lsBoo,ooo/. for the improvement of landed estates ; and
e Proposed to take a further vote of 120.0001. for the
improvement of liver drainage, and 250,0001 to be placed
•at the disposaLof the Board of Works, in addition to the
sums already voted, which, with 60,000/. for other pur-
poses in connexion with these works, would make the
amount altogether 430,000/. He did not deny that mis-
takes had been made by the officers intrusted with the
responsibility of dispensing relief, but when we consider
the risks to which they were certainly exposed, he
thought they had discharged their irksome task as well
as could be expected. From his Honourable Friend
the Secretary for Ireland down to the clerks of the
Beard of Works, the exertions used had been almost
superhuman.—(Hear.) Many of the officers had unfor-
tunately fallen the victims of disease in their anxiety
to carry out their duty to the utmost.
lie was glad, however, to understand that the
appearance of thel crops in Ireland were
promising, in some parts they did not look well,
and he feared that the potato disease was still spreading
its ravages in many quarters ; but the grain crops were,
at any rate, promising. A letter received that morning
from Mr. Fisher, one of the officers of the public works,
stated that the crops in Donegal, Louth, Cavan, and
Meath, looked well. He would now state the whole of
the expense for the past year, ending with the harvest,
and the probable expense up to the Ist of March next.
The whole expenditure upon relief works up to August
would amount to 4,900,0001. ; for the relief works and
for soup kitchens, &e., 2.200,0001. The grants were pro-
posed to be made one halt as loans, and one half as grants.
The absolute expenditure had been 2,560,0001., grants by
relief to Sir John Burgoyne'a commission, 1,000,000/. ;
Ii ;
taff of the board of works, 310,000/. ; advance to
the Relief Commissioners, 190.0001. estimated
loss upon upon the commissariat, 250,0001. ; making
'''gether 4 250,000/. The probable expenditure of the
sheries,
piers,. and drainage, until April, 1848, which
''''Would also be taken as a grant, 130,0001., making alto-
gether 4,380,0001 without any intention of its being re-
paid—namely, as a grant. The advances to be repaid
• out of the rates were 2,500,0001., 1,200,0001 loans to
the relief commissioners, and advances to the public
works, charged upon the land, 250.0001., making the
Whole expenditure, up to March, 9,350,0001.; 3,700,0001.
of which would be charged upon the rates. Early in
the session he estimated the probable expense fur the
relief of the distress, for the year, at 10,000,000/., and
US 2,000,0001. had, at that time, been advanced. he pro-
posed a loan of 8,000,0001., but as the expenditure
lead been less than the estimate there was
a balance in hand of 650;000/. which he
• proposed to reserve for any contingency that might arise.
' 300,0001. had been agreed to be advanced on the fisheries,
and he proposed to take a vote of 300,000/ more, making
altogether with the balance 1,200,000/. He now proposed
to take a vote of 300,0001. on the security of the rates.—
The vote was agreed to.
The House resumed, and
The CHAIRMAN reported progress.—Report to-
morrow.
PUBLIC WORKS AND DRAINAGE BILL.
• The House then went into Committee on this Bill,
and a resolution exonerating the land and rates of
Ireland from the payment of one half of the amount
glinted for the relief of, the destitute was agreed to.
Sir J. GRAHAM wished to know how the 14,000
Persons now lying in the hospitals of Ireland were
to be maintained. He understood that the Act passed
on the subject simply provided for the payment of the
salaries of the medical officers, and of manacement.
The CHANCELLOR of the EXCHEQUER said the
expenses would be defrayed out of the rates, which in
many parts had been struck, and were in the course of
Collection.
Mr. B. OSBORNE said the various measures of the
Government had demoralised the people of Ireland. So
great was the pressure upon the farmers and gentry that
he feared they would not get through another year like
the last, as in many places rents could not be collected,
and the rates were so heavy that they would not in many
places. be ableeto ...collect them. He feared that there
would be a revolution during the winter. The success
Which had attended' the labour of Sir John Burgoyne
had far exceeded his (Mr. Osborne's) expectations. Un-
less the 'Government introduced a Bill to enable parties
to sell unencumbered estates little permanent good would
accrue to Ireland.
Mr. L ABOUC HERE denied that the measures of the
'Government had demoralised the people ; in fact, the
very contrary had been the result, as it appeared from
official authority that the convictions were 1,000 less in
June than in May, which was to be attributed to the
relief which the Government had afforded to the people.
Unless the Government had acted as they had, an abso-
lute dissolution of society would have been the result.
Mr. CALLAGHAN concurred in the opinion which
had been expressed as to the able statement made by the
Right Hon. Baronet the Chancellor of the Exchequer.
Great blame had been, in some quarters, thrown upon
the landlords of Ireland for not doing more then they
had done to alleviate the distress of the country. The
however
of property in Ireland were not, in his opinion,
'emever, to blame, for they were, in the present con-
dition of the country, almost, if not entirely powerless,
their lands being, in most cases leased away from them.
Lord G. BENTINCK did not think that if the Go-
vernment were to have to go through the whole process
of
relieving the people of Ireland again, that they would
adopt the same course they had taken, or that they
Woad-consent to expend upwards of 9,000,000/. of public
money either in unproductive works, or in the shape of
advances, the greater proportion of which was not to be
repaid. The only item of the expenditure that was
admitted to be really productive was that of 620,0001.
for the formation of railways in Ireland. And it was a
:strange circumstance, that that single item should be the
only one about which an outcry had been got up with
respect to the prodigality and uselessness of the grant.
Re thought it a great mistake on the part of the Go.
vernment that they did not provide food for the people
Of Ireland at an earlier period than they had done.
Lord J. RUSSELL said, the Noble Lord had not cor-
rectly understood his Right Hon. Friend, who did not
say, that if the calamity occurred over again the Go-
vernment would take exactly the same steps ; but that,
in the main, the Government had no cause to regret the
course they had taken. There were two general courses
of policy, either of which they might have followed. One
was the suggestion made by Hon. Members en that (the
Ministerial) side of the House, who said that it was im-
possible to relieve a famine of such a kind ; that all the
efforts of the Government could only aggravate the evil ;
and that all sound principles, and a due regard for the
- welfare of the people, called upon the Government not
to attempt to interfere. The Government did not think
it wise or humane to adopt that view. The Noble
Lord, on the other hand, called upon the Government to
-Undertake the whole duty of feeding the poor, to send
men-of-war to the United States, to ransack the whole
world for food, and to undertake the support of the
people of Ireland.
Lord G. BENTINCK disclaimed having called upon
the Government " to ransack the whole world for food."
Lord J. RUSSELL—The phrase was made use of by
an Hon. Member on the Noble Lord's side of the House.
The Noble Lord, at all events, called upon the Govern-
ment to send out men-of-war, and to undertake the im-
portation of food. The Government thought that was
not wise advice, and that, if they had followed it, a less
quantity of food would have been imported than by
Opening the ports wide and encouraging commerce.—
(Hear, hear.) Bnt, taking neither one extreme course
nor the other, the Government had endeavoured by their
measures to enable the people to supply themselves with
the means of existence. The Noble Lord bad again
stated that the Government ought rather to have looked
to works of public utility than to unproductive employ-
ment. As to that he (Lord John Russell) did not think
that, by such a course, their object would have been
answered. If their object had been to lay out money
to give a good return and improve generally the condi-
tion of Ireland, there was much to be said in favour of
such a policy, and he would be one of the last persons to
argue against such a general principle; but when whole
villages and great numbers of the people were in abso-
lute want, no works of public utility to which they might
have had to go a distance of fifteen or twenty miles to
labour could have provided them with that immediate
food which ought to have been within their reach. No
system of railway works, or others of a similar kind,
Would, therefore, have remedied the evil with which the
Government hal to deal, and he believed that the late
Government had come to the same conclusion. He
Would now refer to a remark that had been made by the
lion- Gentleman the Member for Cork. That Hon.
Gentleman had said most truly that he did not make any
of his remarks for the sake of. popularity; for bead
gitermiaed, notwithitiading the solicitstion of his con.

stituents, to retire from Parliament; and that his object,
therefore, was not to court favour with them; but the
Hon. Gentleman spoke highly of the cultivation of the
potato, and said he could not conceive what were the
objections to that cultivation, He (Lord J. Russell)
conceived that the objections to persons living generally
upon potatoes were very obvious and conclusive. In the
first place, if they had a people living on high-priced
food like wheat, as the food became scarcer and dearer,
there were other kinds of food to which they could
resort. A man with Bs., 10s., or 12s. a week, although
he could nut then buy the same quantity of wheat,
could find a substitute for it; but if he were accustomed
to have wages so low that he could only buy the lowest
priced food, and the food at once disappeared, he would
be unable, unless he had a great increase in his wages,
which had unfortunately not been the case in the recent
calamity, to supply himself with the higher kind
of fond, and would be therefore placed in danger of
starving. Another great objection to that kind of food
was that very ease of cultivation to which the Honour-
able Gentleman referred—that a small quantity of labour
only was required to supply a man sykth a certain quan-
tity of food, and thereby, instead of a course of conti-
nuous and patient industry, being contented with an idle
and lazy course of life, and his labour being propor-
tioned to his wants, he became satisfied with that law
kind of food, and looked not for comforts, anti what
might be called the luxuries of labour in a better con-
dition of life; and his situation was very much worse
than the situation of those who were accustomed to a
higher kind of food. Another very obvious objection
was, that wheat was a food which could be kept not only
for one year, but for a long course of years; and indeed
he had seen plants which it was averred were grown
from corn found with the mummiesof Egypt.—(A laugh)
—whilst the potato was of so very perishable a nature
that even in the most successful and fertile years, when
September arrived the supply of the former year was
altogether gone, and the poor labourer raustdepend upon
the crops of the current year. That made it a very
great misfortune to Ireland that the food of the people
should have chiefly consisted of the potato, and, great
as had been the sacrifice and expense to all classes of
the people of making the change, he did hope that, even
apart from the sudden disease which bad overtaken that
species of plant, all classes in Ireland who had any in-
fluence with their countrymen—such persons as mem-
bers of agricultural societies, noblemen, and gentlemen,
and their agents, and the principal farmers—would
rather induce the people to turn their attention to other
kinds of cultivation than to look to the potato as a prin-
cipal source of food. He would only add that it was
his apprehension that if the potatoes were again found
to be a flourishing crop, the facilities of cultivation might
lead the people to the same kind of distress from which
they had at cently suffered so much.
Mr. DISRAELI was not one of those who would be
forward to criticise very closely the conduct pursued by
her Majests 's Government under circumstances of un-
expected and unprecedented difficulty, for which they
had been called upon to legislate. He admitted that
they had acted with great ability under circumstances
of very great difficulty. But what had occurred since ?
They had not pursued that course in an unfaltering
spirit. The Government had itself been obliged on
more than one occasion to halt and hesitate in the midst
of their measures, and even to change the course of
their policy, and it was his firm opinion that the mea-
sure introduced to the House by his Noble Friend the
Member for King's Lynn (Lord G. Bentinck), for the
promotion of railways in Ireland, would have been pro-
ductive of far more benefits to the people of that coun-
try than the course which had been adopted by the
Government. They were now near the end of a session
during which there had been many discussions on the
state of Ireland, and the Chancellor of the Exchequer,
in an elaborate speech, full of details, of which, at the
commencement of the session, he had been so very
chary, had to-night vindicated the course which Govern.
ment had pursued, and satisfied with the absolute wisdom
of that course, aid rejecting all the fruits of experience,
had informed them that under similar circumstances the
Government would follow the same course. But the
Noble Lord, in stating the case of the Government with
respect to Ireland, said he might have done nothing,
or he might have done that which had been proposed
by the Noble Lord the Member for Lynn, but that he
had taken neither of these two courses. The Noble
Lord said he had rejected the policy of doing nothing, but
when he told them that he had not been following the
policy of the Noble Lord the Member for Lynn, he (Mr.
Disrat Ii) begged to remind the House and the country
that the only part of the policy of the Government which
had been successful was the policy of the Noble Lord
the Member for Lynu, and when the Noble Lord oppo-
site told them that the Government were right in doing
nothing, and correct in not doing all that could be done,
all he should say in reply was, that he was perfectly
content to leave the Government to that golden medio-
crity of which they seemed so proud.
Mr. LABOUCHERE had no wish to protract the dis-
cussion, but he must say that he could not agree with the
Hon. Member for Shrewsbury in thinking that the policy
of the Noble Lord the Member for Lynn was the proper
policy. Its two main points were an extensive system
of railways, and a complete interference with the provi-
sion trade of Ireland. He still retained his opinion, that
if these two courses had been adopted they would have
failed in relieving the distress. When the Hon. Gentle-
man talked of free trade, he ought to know chat it was
one thing to apply the principles of it in ordinary cases,
and in a crisis like that which had occurred in Ireland.
When two millions of people were starving, it would be
a fatal error if they were to look into the book of free
trade in order to know how to deal with them. But it
was another thing to refuse to apply the principles of
free trade to cases in which they were perfectly appli-
cable. If they had undertaken to carry on the provision
trade of Ireland by imperting food, he believed that they
would, to use an old expression, have been substituting
the watering-pot for the shower, and that the result
would have been most calamitous.
Mt. STAFFORD O'BRIEN was rather surprised to
hear the speech of the Right Hon. Gentleman, the Se-
cretary for Ireland. What did it amount to ? Why
that free trade principles were very good in general, but
whenever an emergency, or a difficulty, arrived, they
must give way to the system of protection,—(Hear,
hear.) It had been stated by one of the Members of
the Government, that if the Government had to deal
again with the same circumstances, which had taken
place in Ireland, they would pursue exactly the same
course over again.—(Hear, hear.) Now, he would ask,
if this was the case, why did they supersede the 9th
and 10th of Victoria, by the Soup-kitchen Act, and the
other measures which they subsequently brought for-
ward to remedy the mistakes which they had fallen
into.— (Hear, hear.) He would conclude, however, by
saying, that he gave the GOvernmen credit for the
best intentions in the course they had adopted, tho Ugh
he could not approve of it.
Mr. POULETT SCROPE rose for the purpose of
expressing a strong hope that -if the same calamity
should again occur, the question of reproductive works
would be more favourably considered than they had been
during this session. He was sorry to find that the waste
landsmeaeure was not proceeded with, as he believed that
it would be found more advantageous than any system of
railways. In any case, however, they could not continue
the same outlay as they did this year, but must have
recourse to some scheme less oppressive to the people of
this country, ani more advantageous to those to whom
assistance was extended.
Sir R. FER }USON said that unless the gentry of
[reland worked themselves little 'benefit would result
From any expenditure that might be made.—(Hear.)
The resolutions were then agreed to.
STOCK IN TRADE EXEMPTION BILL.
This Bill was read a third time and passed.
DRAINAGE OF LANDS (IRELAND) BILL.
This Bill was also read a third time and passed.
MASTERS IN CHANCERY AFFIDAVIT OFFICE
BILL.

The report on this Bill was received, and it was or-
dored to be read a third time tomorrow.
BANKRUPTCY AND INSOLVENCY BILL.
This Bill went through Committee.
CONSTABULARY FORCE (IRELAND) BILL.
This Bill was read a second time, and ordered to be
committed.
JOINT STOCK COMPANIES (IRELAND) BILL.
This Bill went through Committee, pro forma, and
ordered to be re-committed on Monday next.
POST OFFICE BILL.
The report on this Bill was received.
NATURALIZATION OF ALIENS BILL.
This Bill went through Committee, and was ordered
to be read a third time to•morrow.

POOR REMOVAL (No. 2) BILL.
Captain FITZROY moved the second reading of this
Bill.

Sir G. GREY mould oppose the Bill, and hoped the
Hon. Member would withdraw it.
Captain FLTZROY would not withdraw it, and would
press it to a division.
After some further remarks,
The Flom. GENTLEMA.N' consented to postpone it till,
Tuesday neNt.
POOR REMOVAL ACT AMENDMENT (No. 2)
BILL.
This Bill went through Committee.
The other orders of the flay were disposed of, and the
House adjourned at Ten o'clock.

ALLEGED INFANTICIDE. Monday Mr. W. Payne
held a protracted inquiry at the
infant,
St. Olave's Union,
Southwark, on the body of
a female
who
four-
teen weeks old, belonging to Annea
Blackmore,
nf a, about
n to
net
alleged late in-
mate of St. Johns Union. .The deceasedhave been strangled by its mother, and a
re-
manded at the Southwark Police-court, on the previouswas
day on the above charge. It, however,appeared from
the evidence of a host of witnesses, that the woman,
Blackmore, who was unmarried, though she frequently
represented herself as being a married woman, was living
in the neighbourhood of Tooley-street, and on Monday
last she took her little one with her, calling at various
public houses, and drinking to an enormous extent. At
ten o'clock that evening she went into the Bull public-
house, Tooley-street, with deceased in her arms, and she
had previously fallen down with the child on the stones,
thus causing a fracture of the skull to the infant, which
produced concussion of the brain, and resulted in death.
The prisoner was now in a beastly state of drunkenness,
and on some one taking the child from her arms it was
found to be dead. Mr. Leader, the house surgeon of St.
Olave's, proved that the injury to deceased might have
arisen from such a fall as described, and the jury, after
much more testimony, returned a verdict of " Accidental
death."
THE LIBERTY Or THE PRESS IN FRANCE.—The
Independant de r Ouest, a Legitimatist journal published-
at Laval, has been prosecuted for having published a
fragment of a letter of Junius, written i September,
1771, and addressed to George 111., King of England,
together with an extract of a speech delivered by Mr.
Windham in the English Parliament. The accusations
of avarice, egotism, ambition, and corruption contained
in those fragments have been considered by the law
Officers of the Crow.o as att offetwo agahst the person of
• the King of the French?

,THE STIN, LONDON, FRIDAY

NAVAL INTELLIGENCE.
PORTSMOUTH, JULY B.—The Conway, 26, Captain W.
Kelly, which arrived here yesterday from the Cape sta.
Lion, was inspected to-day by the Commander-in-Chief,
Admiral Sir C. Ogle, Bart., and came into the harbour
this evening to be dismantled and paid off.
The Palinurus transport, Lieutenant William Thoma.,
agent, arrived last evening with invalids, and returned
stores on board from the Pacific.
The Odin steam• frigate, Captain Hon. Frederick
Thomas Pelham, was removed from dock into the basin
last evening.
The Helena, 16, Commander Sir Cornwallis Ricketts,
Bart. (Captain), arrived to-day from the African station.
Admiral Sir Charles Ogle having been out in the Myrtle
steamer to inspect the Conway, and seeing the Helena
coming up from the westward, proceeded towards her,
met and boarded her in Stokes Bay, and came to Spit-
head in her. Orders have been received for her to come
into this harbour to be paid off:
The crew of the Royal yacht have been paid wages to-
day at the dockyard, supposed to be preparatory to her
proceeding to Woolwich to attend on her Majesty.
The Lily, 16, Commander Newton, will be ready for
paying off to-morrow if her books are ready.
The following ships have served the usual period of
commission (three years); many have exceeded that
term, and are on their way borne to be paid off or are
ordered to return as soon as relieved:—

LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH, July 8.
(Sittings at Nisi Prins, Guildhall, before Lord Chief
Justice DENMAN and a Special Jury.)
FISHER V. THE ROYAL EXCHANGE ASSURANCE
COMPANY.
Mr. Watson, Q C. (with whom were Mr. Phinn and
Mr. Rew), appeared fur the plaintiff, who declared on
two time policies, one from the Bth of June, 1842, for 12
months, and the other from the Bth of June, 1843, for 12
months, by each of which a vessel called the Mary. Mal-
laby was assured at a sum of 3,0001. On the first po-
licy the demand was for an average loss, and on the se-
cond for a total loss. The vessel was commanded by
the plaintiff, who was the owner, and sailed from the
Mauritius to trade in the Persian Gulf, and part of the
cargo was insured as specie to a considerable amount
to certain underwriters in India. When the vessel was
in the Indian Sea, and on the sth of June, 1843, a storm
came on, and she suffered considerable damage. On
the 25th of June, however, she arrived at Muscat, and
was re paired. On the 14th of July the plaintiff sailed
from Muscat for Bunder-Abbas, in the Persian Gulf;
and while between the island of Ormuz and Builder-
Abbas, was overtaken by another storm, by which the
vessel was eventually driven ashore, and sustained fur-
ther damage. This induced the plaintiff to abandon her.
As soon as the vessel had struck, two boxes containing
the insured specie were brought up from a part of the
ship called the lazaret, and placed in a spot convenient
for removal. By the next morning thetwo boxes had dis-
appeared, and had, it was stated by the plaintiff, been
stolen by Arab wreckers. Actions for the amount bad
been commenced against the underwriters in India,
Evidence was then given, chiefly documentary, in sup-
port of the plaintiff's case.
Sir F. Thesiger, Mr. Martin, Q.C., Sir John Bayley,
and Mr. Bovill appeared for the defendants, who had
pleaded that they had not broken their covenants.
The Learned Counsel then opened a defence, which in
substance amounted to a charge that the Mary Mallaby
had been unnecessarily and fraudulently abandoned for
the purpose of obtaining the amount of the insurance on
her and the specie; that the vessel had not any specie on
board; for two boxes, believed by one of the crew to be
the same as those placed in the Mary Mallaby as con-
taining specie, had been found in the Persian Gulf, near
a lost anchor of the Mary Mallaby; and on being opened
on board her Majesty's ship Clio, were found to contain
only the metallic dross of the island of. Ormuz. The
Learned Counsel then stated that the Mary Mallaby,
having beers sold for 240/, was' repaired at Muscat, and
afterwards put to sea ; and though eventually lost at
Madagascar, bad proved seaworthy for 25 days, which
would have sufficed to take her to Bombay. If the
vessel had been taken to Bombay, it might have under-
gone a thorough repair at that place ; but the plaintiff
had refused the offer which had been made to him by
Commodore Porter, of her Majesty's ship Euphrates, to
get her off the beach, saying that he would sell her for
the benefit of the underwriters.
The boxes were produced in Court, and were found
to contain stones of great weight, of the colour of
copper.
Commodore Porter and Lieutenant Foullerton were
also examined in support of the defendant's case; and,
after the reading of an immense mass of documentary
evidence, which protracted the trial to a late hour,
Lord DENMAN summed up the evidence, and
The jury gave a verdict for the plaintiff.

COURT OF COMMON PLEAS, July 8.
Sergeant (Sittings at Nisi Prius, Guildhall, before the LORD
CHIEF JUSTICE and a Special Jury.)
EnLtLV Wilkinsß RAD(RwUi
tRhYwAhNoDmAwNeOrTe Mr.
ANOTHER.
Mr. Sr
P
Huddle-
ston and Mr. H. Hill) conducted the case for the plain-
tiff ; and the Attorney-General (with Mr. Wells) ap-
peared for the defendants.
The plaintiff had been engaged as one of the sub-
editors of the Daily News newspaper for two years,
from December 20, 1845, at a salary of 15/ a week ;
and the present action was brought against the defen-
dants as representing the proprietors of that paper, to
recover damages for the dismissal of the plaintiff from
the establishment, without any reasonable cause, before
the expiration of the period for which he was so en-
gaged. The defendants had pleaded—first, a denial
that they made the contract ; secondly, a denial
that the plaintiff was dismissed without reason-
able cause ; and, lastly, a plea of justification f'or
the dismissal, on the ground that the plaintiff, whilst
sub -editor, bad, at the request of one William Alfred
Wearing, who was also employed on the Daily
News, written to the correspondent of the paper at Bris-
tol for a report of the proceedings in the Bankrupt
Court there in the matter of one William Henry Smith,
a bankrupt, the plaintiff at the time well knowing that
a personal hostility existed between Wearing and Smith.
The plea then stated that a report of the proceedings was
sent up from Bristol, and also that Smith wrote a letter
to the proprietors of the Daily News,stating that Wear-
ing had boasted lie would publish an account of Smith's
difficulties, and asking the proprietors not to allow the
newspaper to be used for such an object. The plea fur-
ther stated that the plaintiff delivered this letter with
the report to Wearing, and permitted him to take away
the letter and prevent its coming to the knowledge of
the proprietors, and in abuse of his employment suffered
a garbled and unfair abridgment of the report, prepared
by Wearing, to be inserted in the paper. It appeared
that Mr. Wearing, who was engaged on the paper to re-
vise under the sub-editor, was personally hostile to Mr.
Smith, the party examined in the Bristol Bankrupt
Court, and that the plaintiff had, at the request of Wear-
ing, written to the correspondent of the Daily News at
Bristol, requesting his attendance at the Court there'
when the proceedings in the matter of Smith should come
on, and to send up a fair report of such proceedings. The
report was accordingly sent up on the 4th of August,
1846. On the same day Smith wrote a letter addressed
to the proprietor of the Daily News, of which the follow-
is a copy :
" I have discovered that Mr. W. A. Wearing, the
person whose name is disreputably associated with the
accompanying memorial, addressed the editors of the
several Bristol newspapers for the purpose of inducing
them to report the proceedings in my case, which was
brought before the Court of Bankruptcy on Monday.
He has also boasted that, as editor of the Daily News,
he will publish in extenso the account of my pecuniary
difficulties, not only in the Daily News, but in other
London papers with which he has influence. I feel
confident that you will not, by your permission, assist a
private and vindictive object by unreasonably and unne-
cessarily giving publicity to proceedings which took
place in a district court-of bankruptcy, and which,
involving no point of public interest or justice, can have
no other effect than that of adding additional pain and
injury to a man who has long suffered from the unfor-
tunate position in which persecution and unavoidable
circumstances have placed him."
On the other side of the paper which contained this letter
was a printed memorial by Smith to the benchers of the
Hon. Society of Lincoln's Inn, reflecting on the charac-
ter of Mr. Wearing. The Benchers, however, had sub-
sequently dismissed this memorial, and called Mr.
Wearing to the bar. The plaintiff as sub-editor opened
this letter, and handed it over, together with the report,
to be abridged, to Wearing, who afterwards took away
the letter. The report as abridged was inserted in the
Daily News, and seemed to have been fairly abridged,
omitting nothing in favour of Smith, with the exception
of so much as had reference to Wearing himself, being
that part in which the bankrupt complained of the con-
duct of his detaining creditor, Wearing.
Mr. John Dickens wa„xamaied, and proved the
agreement, and
Messrs. Hodgkin, Soutar, M‘Diarmid, Bryne, Griffin,
Moran, Morgan, Serle, Beard, and Black, described the
duties and authorities of sub-editor. In their opinion,
on his becoming aware of the examination of the bank-
rupt at Bristol, if he considered it an important matter,
it was his duty to write to the correspondent at Bristol
for a report. A sub-editor had authority to open all
tan
communications, whether were addressed to the
proprietors or not, be being,his office, the representa-
tive of the proprietors. They did not consider it the'
duty of Mr. Powell to have forward de the
of letters in
ome the wit-
question to the defendants, although s
nesses thought they should have done so.
Mr. John Gover Powell, the Bristol correspondent of
tats hear amination
the Times, stated that he was prese
an ent e ort u
of Smith, on the 4th August last.P p
n News was much
to his paper. The report in the asal
condensed, but he did not consider it garbled. There
were matters making against
the bankrupt, and also cir-
cumstances in his favour, which were omitted.
The ATTORNEY-GENERAL contended that the plaintiff
ought not, in common prudence and honour, to have
banded this report and letter to Wearing, whom he knew
was peraonally the hostile creditor of Smith, and that
after the proprietors becanr acquainted with this, they
had no other course 4o pursfor if it becameue than thaknown that thet-of dismissing
the plaintiff as they did;
per might be used as means of gratifying personal
malice, it would be highly injurious to its character.
He then called the following witneases:—
Mr. George Powell, the correspondent of the Daily
News, at Bristol, who sent up the report in question,
was examined, and stated that he received a letter from
Mr. Powell, requesting him to attend to the examination
of Mr. Smith, which it termed " a case of some impor-
tance, in which a gentleman in our establishment is
concerned," and concludedby requesting a fair re-
port of the proceedings y
to the day of hear-
ing he received another le..tter, reminding him of the
subject, and he attended, and
sent up his report.
Mr. Dilk, the manager of the Daily News, proved
that he investigated the matter. lie had an interview
with Mr. Powell and gr., Wearing, in the presence of the
editor, in his room. Witness asked the plaintiff if he
knew of a feeling of hostility between Wearing and Smith,
and he acknowledged he did. He said he had written
for the report. Witness then asked the plaintiff it he
had received any letter from Smith? Mr. 'Wearing
answered the question. He said there was no letter re-
ceived, there was a printed statement. Witness appealed
to Powell, and he said there was a letter; he had given
it to Wearing, and Wearing acknowledged that he had
taken it home, and went and fetched it.
Cross-examined—When he was appointed manager,
his instructions were not to reduce the expenditure. His
opinion was, that at first he rather increased it; but it
was subsequently reduced, particularly by publishing a
single sheet. He did not know Count D'Oraay was ever
a contributor. Mr. Fonblanque, Mr. Fox, Mr. Scott
Russell, and gr. Costello had contributed much; they
had now retired. Mr. Wills had aucceeded Mr. Powell
at a less salary. There was a gentleman named Elliott
on the Express. He was a brother-in-law of Mr. Smi‘h's.
Mr. John Foster, the editor, gave similar testimony to
that given by the last witness, as to the investigation.
Mr. Sergeant WaLEINS having made a very eloquent
speech in reply.
His LORDSHIP summed up the evidence to the jury,
saying, the question was in what respect the plaintiff had
fail4l in the discharge of his duty as sub-editor. The
proprietors considered that the sub-editor ought to see
that nothing was done calculated to reflect on the 0116'
ratter of the paper. No complaint zsde -the the
-

letter had been opened by the plaintiff, but that he had
suffered it to be taken away so as to prevent its coming
to the knowledge of the proprietors. The question as
to whether the plaintiff had so acted improperly was for
the jury to determine. They were to consider whether
it was not a report of a case -which would not have been
published unless it had interested some person connected
with the paper. Supposing it should be considered one
fit for publication, theri was the report a garbled and
unfair report? His Lordship said that it did not appear
to him to be an unfair account of the proceedings as
abridged. The jury were directed to say whether, in
the language of the second plea, there was reasonable
cause for dismissing the plaintiff, and whether, in the
language of the third plea, the matters therein alleged
had beensubstantially proved. His Lordship also wished
the jury to say whether in their opinion the report as
published was a garbled one or not, in order to assist the
Court in case of its being necessary to go before it here-
after on the pleadings. With respect to the damages,
the plaintiff was entitled to be indemnified for his loss if
the defendants had not made out a reasonable ground
for the dismissal.
The jury having retired foe. an hour and twenty-five
minutes, returned a verdict for the plaintiff—Damages,
5001., and stated that they found the report was not a
garbled report.

OTAHEITE, ETC.
The following are papers relating to Otaheite, and to
the Leeward, or Society Islands, in the Pacific (just
presented to both Houses of Parliament by command of

her Majesty):—
VISCOUNT PALMERSTON TO COUNT ST. AULAIRE.
Foreign-office, Jan. 20.
M. l'Ambassadeur,—With reference to the verbal
communications which I have had with your Excellency
upon the affairs of Otaheite, I have the honour to state
to your Excellency that I have received from almost
every part of Great Britain the most numerous and
earnest representations, requesting her Majesty's Go-
vernment to obtain from that of France permission that
such of the people of Otaheite as may wish to withdraw
from the island and to remove and settle elsewhere may
do so without molestation - carrying with them of course
any moveable property which they may possess, or being
allowed to dispose of chat or any other property which
they may have in the island, if they wish to do so,
Her Majesty's Government cannot imagine that the
Government of France can have any objection to con-
sent to this request, a compliance with which will afford
very great satisfaction to a large portion of the British
nation, while, at the same time, it would probably put
an end to local differences and contests which must be
more or less embarrassing to the Government of France.
It will afford her Majesty's Government great plea-
sure if your Excellency can enable me to state to the
memorialists that the above-mentioned permission will
be granted by the French Government to the people of
Otaheite.—l am, &c.,
(Signed) PALMERSTON.
COUNT ST. AULAIRE TO VISCOUNT PALMERSTON.
(Translation.)
London, Feb. 1.
The undersigned, &c., has received the note which his
Excellency Viscount Palmerston, &c., addressed to him
on the 20th of January last, and in which he expressed
a desire to learn whether such of the inhabitants of
Otaheite as might wish to quit that island, in ordtr to
establish themselves elsewhere, would be allowed to
depart therefrom without opposition on the part of the
local authorities.
The undersigned is enabled to announce to his Excel-
lency Viscount Palmerston, that as long ago as the 2d
of December last, the Minister of the Marine and Colo-
nies wrote to the Governor of the French establishments
of Oceania, instructing him to offer no obstacle to the
emigration to the islands of the north-west of such of
the natives of Otaheite as might desire to depart from
that island, with the view of withdrawing from the
au:hority of the Protectorate.
The undersigned therefore congratulates himself on
having to communicate to his Excellency Lord Palmer-
ston a decision which will be satisfactory to him, and in
which his Excellency will see a new proof of the mode-
ration and of the spirit of conciliation which the Govern-
ment of the King will always manifest in its relations
with the natives of Otaheite.—He avails, &c.,
(Signed) ST. AULAIRE.
DECLARATION OF THE PLENIPOTENTIARIES OF GREAT
BRITAIN AND FRANCE, ACKNOWLEDGING THE INDE-
PENDENCE OF THE ISLANDS OF HUAHINE, RAIATEA,
BORABORA, AND OF THE SMALL ISLANDS ADJACENT

THERETO.
Her Mujesty the Queen of the United Kingdom of
Great Britain and Irt land, and his Majesty the King of
the French, being desirous of removing a cause of dis-
cussion between their respective Governments, relative
to the islands in the Pacific Ocean which are hereinafter
designated, have thought proper reciprocally to engage:
1. Formally to acknowledge the independence of the
Islands of Huahine, Raiatea, and Borabora (to the lee-
ward of Otaheite), and of the small islands adjacent to
and dependent upon those islands.
2. Never to take possession of the said islands, nor of
any one or more of them, either absolutely, or under the
title of a protectorate, or in any other form whatever.
3. Never to acknowledge that a chief or prince reign-
ing in Otaheite can at the same time reign in any one or
more of the other islands abovementioned; nor, on the
other hand, that a chief or prince reigning in any one or
mere of those other islands can reign at the same time
in OtaheitO ; the reciprocal independence of the islands
abovementioned, and of the island of Otaheite and its
dependencies, being established as a principle.
The undersigned, her Britannic Majesty's principal
Secretary of State for Foreign Affairs, and the Minister
Plenipotentiary of his Majesty the King of the French
at the Court of London, being furnished. with the neces-
sary powers, hereby declare, in consequence, that their
said M ijcsties take reciprocally that engagement.
In witness whereof the undersigned have signed the
present declaration, and have affixed thereto the seals
their arms.
Done in duplicate at London, the nineteenth day o
June, in the year of our Lord one thousand eight hun.
dred and forty-seven.

(L.S.) PALMERSTON,
(L.S. JARNAC.

TIIE HERRING TRADE.—THURSO, JULY I.—We
have little or nothing to report in the herring trade for
the past fortnight. The quantity of fish in the bay, of
which there were some good appearances a week or two
ago, have disappeared. The fishermen are still prose.
cuting the fishing, but without much success. The few
they are getting are either sold in the town or used as
bait for cod. Of the latter the fishermen are some
days getting fair quantities, as many as 100 per boat.
From Wick, we learn that on Thursday morning two
boats had fourteen trans of herrings betwixt them—one
had ten and the other four crans.---Caithness Chronicle.
JENNY LIND.—The prevailing enthusiasm regard-
ing the Sweedish nightingale has already begun to mani-
fest itself in this quarter. We are informed that from
one town in the neighbourhood application has been
made for no less than 200 guinea tickets of admission to
the Music-hall on the night of her performance• here,
and from various other quarters the demand has been
nearly as great. In Manchester tickets for Mdlle.
Lind's performances there have been selling at from half
a guinea to a guinea and a half ; and will doubtless in-
crease in value as it draws nearer the time of her ap-
pearance.—Zieetsman.
IMPORTS or GRAlN.—During the week beginning
on Thursday, June 25, and ending Thursday, July 1,
no less than 25,362 quarters of grain were imported into
Leith. We alluded to this large importation in our last,
but from want of room were then unable to give parti-
culars. Ot this quantity, there were 4,6821 quarters
of wheat, 3,892 quarters of barley, 16,2174 quarters of
oats, and 570 i of pease. The following are the vessels
by which these large supplies arrived : Anna, 546
quarters wheat ; Mary, 635 ditto ; Rebecca, 920
ditto ; Wihelmine, 270 ditto ; John and Jean,
367 ditto ; Posie"ton, 411 ditto ; De Jonge Klass,
307 ditto ; Lady Duff, 740 ditto ; De Vrow, Antje,
486 ditto. Victoria, 875 barley ; Scotch Lassie, 974
ditto ; Arab. 755 ditto ; Wanderer. 1,020 ditto ; Sylph,
101 ditto; Wilhelmine, 167 ditto. Hesperus, 1,500 oats;
Five Sodskencle' 518 ditto ; Stirlingshire, 1,400 ditto ;
Elizabeth and Mary, 700 ditto ; Robert Nicol, 1.661
ditto ; Minerva, 270 ditto ; Friendsbury, 5751 ditto ;
Helens 1,300 ditto ; Wanderer, 250 ditto ; Centurion,
1,800 ditto ; Margaret Scott, 1,312 ditto ; Edward, 1,177
ditto ; Sylph, 1,000 ditto ; John Black, 1,670 ditto ;
Wilhelmine, 84 ditto ; Dart, 1,000 ditto. Surlingshire,
280 pease ; Victoria, 14 ditto ; Minerva, 541 ditto ;
Friendsbury, 16 ditto ; John and Jean, 145 ditto ;
Conside (s), 61 do. There have also arrived 70 tons
Norwegian potatoes by the Phcenix from Drontheim.
There have also been considerable arrivals of grain, &c.,
into other ports in the Firth, and on the east coast,
chiefly from Riga.—Scotsman.
FEARFUL OCCURRENCE IN LONG-ACRE.--Yester-
day morning, between eleven -and twelve o'clock, a•most
fearful accident occurred at the corner of Enclell-street,
Long-acre, by which four persons had a very narrow
escape of their lives, and, as it is, one of the individuals
has sustained such serious injuries as to render his re-
covery extremely dubious. It seems that at the above
period a number of workmen were employed in pulling
down the old wall of a building, when the foundation
suddenly gave way, and four of the labourers being at
the time beneath, were completely buried under the
bricks and rubbish. Owing to the active assistance
afforded, three of the poor fellows, namely, Murphy,
Jones, and Johnson, were soon extricated, but not before
they had each received considerable injuries, though
happily not such as to cause any serious apprehensions.
It is, however, to be regretted that Timothy Sullivan.
aged 25. was removed in a horribly mutilated state. On
being taken to the Charing cross Hospital, he was placed
under Mr. Young, the resident medical officer, who dis-
covered that he had sustained a fracture of the right
clavicle, a dislocation of the collar bone, a compound
fracture of the left leg, and other dangerous wounds. 11
remains in a most distressing condition.
We state, from undoubted authority, that Illier.ouCr.t
Carus Wilson has abandoned his long suit,
of Exchequer, wherein he claimed 300/. as dannlo;ligeelfrtris
Mr. J. Kandish, governor of the pubpmeg: "
island, for false imprisonment.—
A person reading in a newsjp
e seer that the Bishop
a 3 license to the floating
ri
of London had refused togrant
chapel on the river Tharnesh,.cr„is'erdeic.nustsr;thfnart,!ieswayass nhoet,
at all surprised at his Lordsini
Phis see."
" the chapel does not float
rrioN.—Yesterday evening
HOSPITAL FOR CoNSUoArIs
was held in the hospital, at
a special court of govern
Bronipton, for the purpose of taking into consideration
the following resolution of the committee of manage-
ment:—That in grateful acknowledgement of the into-
rneisvterasoadrysupp?rt received by the charity, at the late an-
festival, the committee were of opinion that the
benefits of the institution should be immediately extended
to a larger number of patients. Richard P. Cotton, Esq ,
M.D., in the chair. The resolution was carried unani-
mously; and some other bp.*Rgss bavipg beau disposed
moan separatqd: •
• •