The Sun.
London, England, 1841-10-08 00:00:00

Why was the foul murdci4 committed on board
the English schooner the Black .Toke over_
looked? Had Captain ELLIOT so short a me-
mory that he could recollect nothing of the mu-

have disgraced evn a policeman in Ireland---:
after the law, whet appealed to, had so vindi-
cated Mr. BROYA.?, as to condemn the unjust
Magistrate in cost, his Grace the Duke of
PORTLAND submittd a motion to the How e of
Peers for an address to her MAJESTY that she
would order Mr. Li;-wires expenses to be paid
out of the public trasury, for .that was the ob-
ject of the Noble luke, though the words are,
" take Mr. IJNwL.NI case into gracious conside-
ration." The modal was indeed informal, and,
as Lord WHARNCLrFE said, dangerous to the
stability of the Golernment,iind therefore it was
withdrawn ; but let the reader just consider to
what all this must come, if one Peer maintains
that a Magistrate to be upheld who violates
the law, and mother, when he has by
accident fallen undfr its lightest visitation, pro-
poses to reimburse sim, and perhaps reward him
out of the public pine. One JOSEPH BROYAN,
as the Duke of POITLAND contemptuously styled
the victim of Mr UNWIN'S unscrupulous zeal,
representing under that designation, however, ell
the labouring classes, is to have his house broken
into, his every (:rawer ransacked, his things
strewed about, the privacy of his dwelling and
his family violated, and JOSEPII BROYAN is
to pay by the taxes all the expenses to which the
oppressor is put. Such proceedings are mon-
strous, and if the Peers and gentlemen of Eng-
land think that they are not observed by and
known to tin people, and have not their due
effect on their minds, they are grievously mis-
taken. The :over classes, we beg to assure the
Duke of POIITLAND, Lord WHARNCLIFFE, and
the whole trite of Tory law-makers and Magis-
trates, do acttally bleed when they arc pricked,
do feel and mill resent injuries whenever they
have the power. Their minds have now gathered
in " one drop of time" centuries of wrong; long-
nursed indignation is intensely concentrated and
compressed ; and how soon a fearful explosion
may take place no man can tell.

tilation of Mr. Moss ? But Captain ELLIOT was
too eager to figure as the beadle of all Europe to
attend to such petty concerns as the violation of
the British flag, and the mutilation of a British
subject.
A more deplorably disgraceful state than that
to which Captain ELLIUT reduced the British
name in China, it would be impossible to
conceive. To be shut out from a city, from
the walls of which British hands had volun-
tarily removed the British flag, never before
befel us. It is the first instance in our his-
tory in which a military expedition was
undertaken in the name of the British Crown
for no earthly conceivable purpose but to extort
a ransom. But from the outline which we
yesterday gave of the instructions given by the
late Government to the new Plenipoten-

tiary Sir H. POTTINGEB, and from the Com-
missioner's own knowledge of the light in
which the fathomless in-ibecility of ELLIOT
was regarded in England at the date of his own
appointment, we feel the fullest confidence that
no time will be lost in wiping away those stains
which at present attach to the British name in
China. This indeed constitutes our only conso-
lation under the infliction of the disgrace which
Captain ELLIOT has so perseveringly inflicted
upon the Government of this country.

On Saturday we noticed in our Parliamentary
Summary the language used by Lord WIIARN-
CLIFFE in attacking the Marquis of NORMANBY
for not supporting the Mansfield Magistrates in
particular, and the Magistrates generally, in all
their actions. A closer examination of the de-
bate on that occasion leads us to think that it is
worthy of being again brought under the notice
of our readers.

In the month of August, 1839, a Mr. UNWIN,
a Magistrate, of whom we shall say as little evil
as possible, as he has now to reckon with the
GREAT JUDGE, but who was described by the
Marquis of NORMANBY as a gentleman who
loved to execute the law himself, and would
rather take a poacher himself than commit
the duty to other hands—Mr. UN WIN com-
municated to the Magistrates that he had
certain information that in many houses arms
were concealed for: treasonable purposes. The
information was derived from a man named
EPHRAIM SILLS, who was not produced on
the trial, lest, as wasisaid, he might prejudice
Mr. UNWIN'S case, and who was described by
one witness as unworthy of belief. The Magis-
trates to whom the information was given on
oath doubted whether they had the power to
search houses for arms, but Mr. UNwIN issued a
warrant to search the houses of several persons in
Mansfield for arms. He went himself to
mecute the warrants, and searched, amongst
other houses, the house of Mr. BROYAN, but found
no arms. He searched, at the same time, for other
things. He appears to have ransacked Mr.
BROYAN'S daughter's bureau, as well as other
places, for papers, and finding some, he is said to
have exclaimed, "These are what I wanted;"
and he seized some letters from Mr. PITKEITH-
LEY, and an address from the General Conven-
tion wrapped round a stocking. For this viola-
tion of his " castle," as a poor Englishman's
house is figuratively called, Mr. BROYAN brought
an action against Mr. UNWIN, and notwithstand-
ipg the protection which the law throws round
Magistrates, and the impediments it places in

The war-cry against England is evidently
about to be renewed in the French Journals.
Those last received scarcely deign to conceal
that in keeping up her naval armaments France
has no other object than to pick a quarrel with
us. Unfortunately for the repose of the world
some of our Tory Contemporaries are playing
the game of the French war faction. The Times,
which, under its new management, appears to
sail before every wind that blows without either
chart or compass, has recently indulged in a
series of bigotted and altogether most unjust
attacks upon the moral and religious character
of the French people, which we are not sur-
prised to find are producing immense mischief in
Paris. Whoever may be the writer of these
articles, we can tell him that he has incurred a
fearful moral responsibity. The French people
will not suffer themselves to be branded with
the vilest epithets with impunity, nor will a
vindication of their moral worth be confined to
an attack on Printing-house-square. But to
meet the question on the writer's own narrow,
polemical ground,—ls it by insulting the moral
and religious feelings of the French that the
writer in the Times hopes to make them better
Christians and better citizens ? Does he expect
them to become devout Christians because he
denounces them as a nation of infidelsand atheists?
Does he hope to make them better subjects
by gravely asserting that they are only to be go-
verned by the sheer application of brute force ?
Or does he himself really believe that in a
country where an army of half a million of men
can be kept in subjection by an appeal to the
sentiment of individual honour, a Government
might not exercise the most extensive sway with-
out recourse to the repressive laws so vainly had
recourse to by Louis PHILIPPE ? If lie does
soberly believe this, he cannot too soon abandon
his attempts to influence public opinion against
the French. He is but indifferently qua-
lified to treat of questions which require so
much delicacy in the handling as the state of
moral and religious feeling among a people so
sensitive to everything like insult or abuse as
our Gallic neighbours.
Independently of Tory provocations, we are
not altogether surprised at the sudden change
in the tone of the re
mores —tua+e Paris Jaur-
rni
11,:Naistuilrt..i:ssr,ing at present to do, may
be expected to employ himself in reviving the
old outcry against England. The Germans
treated him so handsomely that lie cannot make
up his mind to the shamelessness of abusing
them; and so he attacks us without mercy.
The provincial riots, occasioned by the expense
to which M.THIERS put the country, have not di-
minished his influence with the editors of the Paris
press, and a noisy anti-English faction in the Cham-
bers. One thing only about the matter surprises us,
and that is, that M. THIERS, who never before
adhered so long to one opinion, has not by this
time become a partizan of the British alliance.
But for the opposition be met with, and the loss
of power and place which lie incurred, we are
quite sure that he would by this time have been
ready to sacrifice every ship in commission to
the slightest wish of Lord ABERDEEN, or whoso-
ever else_might fill the place of Foreign Secre-
tary—Lord PALMERSTON not excepted. But his
misunderstanding with England has degenerated
into a personal quarrel. The British Government
deigned not to regard his bluster as the voice of
the French people. Ile was treated less as a
Minister than as an individual; in the struggle
his political charlatanism was exposed to the in-
dignation of Europe, and hence, we presume, the
depth of his continued resentment. M. THIERS
lutes us not on public but on private grounds.
He cannot pardon us his political extinction, nor
do we much wonder at it. But why should the
French Press submit to be made the tool of M.
THIERS ? Why should it echo insults dictated by
the wounded self-love of an incompetent states-
man, or rather of a disappointed political adven-
turer? Are two great nations to cut each other's
throats to appease the vengeance ofan individual
who has already attained an eminence so dispro-
portioned to his talents and his public services ?
If so, the reign of justice and common sense has
not yet commenced in the world.

the way of correcting them, and notwithstand-
ing the known leaning of all the Judges to favour
men in authority, a verdict, with nominal da-
mages, passed against Sr. UN WIN. Such is a
brief outline of the facts •of the case, and we
cannot see how the Home Secretary was
called on in any way to interfere, or suspend the
due course of law, in order to protect Mr. UNwtx.
But the excuse made by Mr. UNWIN for his
too much zeal was, that Lord J. RUSSELL had
issued a circular letter on May 7, 1839, to the
Magistrates, directing their attention to the fact
that the people were arming, and pointing out the
means of seizing the arms. The Judge, Lord

U NWIN'S conduct; but it is obvious that the
terror of the people, felt by the Home Secretary,
and the zeal he displayed, gave a fillip
to the terror and the zeal of Mr. UN*IN,
and made him overstep the bounds of law.
Dreadful was the alarm throughout the land
then on account of the Chartists, and intent-

perate the exertions of all the ministers of the

law, from the police at Birmingham to Mr.
TJNwIN at Mansfield. Such results, when Char-
tism was dying out, should teach liberal Home
Secretaries that even their zeal may outrun dis-
cretion, and work fearfully through the zeal of
their too willing understrappers.
The Marquis of NORMANBY did not see in
Lord JOHN RUSSELL'S circular a defence of Mr.

UNWIN'S conduct, and when applied to he re-
fused to allow the Home-office to undertake
Mr. I.lNwr.N's defence. For not undertaking
that defence, the Noble Marquis was exposed
to the attack of the Duke of PORTLAND, and
the vituperation of Lord WIIAIINCIFFE, the Pre-
sident of the Council. What the former might
have said is lost to the world, because the Noble
Duke appears to be not much of an orator, but
the latter went the length of reproaching the
Marquis of NORMANBY with having been in-
fluenced in his conduct by the same sort of
feeling which he had manifested in Ireland—
a disposition against the country gentlemen an 4
Magistrates, for whom the President ofthe Cour
claimed almost complete impunity. In fact, that
language of the Tory Minister, as reported in the
Times, is the circumstance which makes us refer
to this case. After scolding the Marquis of Non-
MANBY for not being as arbitrary and ill-disposed
towards the people as the Tories—after making
it out ,that the Home Secretary should support
the Magistracy both in Ireland and England,
whatever freaks of oppression they might be
guilty of, the Lord President of the Council
came to the conclusion that the Magistrates
should, in some cases, be exempt from the con-
trol of the law. These are the words reported
to have been used by the Lord President of the
Council, one of the guardians of our rights, and
one of the paid protectors of the people ;--
" For his part, he was clearly of opinion that
in some cases (such as that, of course, of break-
ing into a poor man's house and taking away his
papers without any authority) Magistrates could
not discharge their duties if they were to be
confined with undeviating precision to the strict
letter of the law,"
Oh, no ; where Chartists and democrats are
concerned, where persons combine together to
get rid of landlords' tyranny, to throw off a
' Bread-tax, or recover from their grasp the repre-
sentation of the people, these Magistrates are to
be licensed; they are not to be confined by the
law ; they are to act on their zeal, however exu-
berant ; on their suspicions, however false and
exaggerated; and on their personal caprice or
personal spite, however unworthy. Whatever
the County Magistracy may do to poachers and
Chartists, they are to be defended; and when
they trespass on the law, which is made as,much
as possible to suit their convenience and serve
their purpose, just then the law, which in all
other cases is to be rigidly adhered to and strictly
enforced, is to be relaxed or suspended, that
their conduct, however brutal, may go scot free.
That, we know, is the general practice, and that
is now the doctrine openly broached by the Tory
Lord President of the Council, one of the highest
tribunals, and he one of the highest Judges, of
the land. But such practices and such doctrines
have already brought contempt and hatred on the
law of England, and have made its Legislators
and its Magistrates a bye-word amongst the na-
tions.

It appears probable, judging from the returns
we published Wednesday and the day before of
the number of cases of fever in Edinburgh and
Manchester, that 1838 was unhealthy and fatal
to life, and that 1837, though less unhealthy and
less fatal to life than 1838, was much more un-
healthy and more fatal to life than the four pre-
ceding years. The year 1837 was the last of the
favourable years. Trade suffered severely at
the close of 1836, and before the month of June,
1838, the price of food had risen considerably,
and distress was felt and complained of.
Such being the facts, we regret that the
records of the Registrar-General, whose Third
Report has just been published by the House of
Commons, do not date from an earlier period
than June, 1837. During the first year's regis-
tration, from that period to June, 1838, our
social distresses had begun; and there is
no corresponding registration for the prosperous
years, from 1832 to 1830, inclusive. We think
it right at once to mention this fact, because
some of our Contemporaries are publishing ex-
tracts and remarks on the Report just men-
tioned, and drawing from it all sorts of unwar-
rantable inferences,

Rernemberi4this important fact that 1837-
1838, is included in the bad years, we shall con-
tent ourselves now with quoting one remark
from the Third Report, and one illustration of the
devastating effects of the insufficiency of food in
the following years. After making ;various
allowances in. order to institute a fair
comparison between the mortality in the years
18384839, 1839-1840, and the year 1837-
1838--itself.a year of more than ordinary disease
and,death—the Registrar-General comes to this
conclusion.'- The increased mortality for the

But the cream of the practised and meditated
injustice is] yet to come. After this Magistrate
had most scandalously violated a poor man's
dwelling, and behaved in a way which would

yeUr 1839-1840, as compared . to the year 1637-
1838, was about 7,000, and, as compared to the
year 1838-1839, 14,700. Thus, allowing for the
increase of population, a great increase of morta-

THE SUN, LONDON, FLIDAY, OCTOBER 8, 1841.

•lity took place in 1839-1840 above 1837-1838,
which was itself a disastrous year. The mor-
tality of 1838-1839, was not quite equal to
the mortality of the preceding year. We
know, too, Min the metropolitan weekly re-
turns, which we regularly publish, that the
mortality this year is considerably less in pro-
portion than last year, showing, as we have be-
fore remarked, that when death has been very
busy in one year less remains for him to do the
next. So the years from 1837 to 1810 having
been fatal years, the feeble of all ages, but par-
ticularly the feeble young, having been carried
off in great numbers ; the year 1841, when its
character comes to be summed up—the Re-
gistrar-General stops at present with 1840---
will appear to be, in comparison with its
immediate predecessors, a healthy year. We
shall probably return to this subject, and
to the Registrar-General's Report ; we must
now content ourselves with reiterating the state-
ment, that the mortality of the year now de-
scribed in it is that it was unfriendly to life.

The whole of the French Journals of Wed-
nesday have been received, with Madrid papers
of the 29th ult. The Moniteur and the Moniteur
Parisien have the following accounts of the dis-
turbances which have taken place in the north

of Spain :
" Intelligence received from St. Sebastian announces,"
says the Maniteur," that an insurrection had broken out
in Navarre. General O'Donnell, at the bead of two bat-
talions, took possession of the citadel of Pampeluna. Ge-
neral Ribeiro still held the town with 300 men and the
National Guard. Some troops sent against O'Donnell
had, it is said, joined him."
"We learn by letters from St. Sebastian," says the
Moniteur Parisien, " that a movement in favour of Queen
Isabella and her mother, had taken place in the city of
Pampeluna. General O'Donnell, at the head of two
battalions, had taken, possession of the citadel.
Some troops sent against him had, it is said,
joined him. It is added, that a body of cavalry, which
left Pampeluna to scour the country, had declared them-
selves in favour of the movement. General Ribeiro still
continued in the town with 300 men and the National
Guard, which continued faithful to him."
The Courrier Francais, commenting upon the
above, says :
" The insurrection, of which General O'Donnell has
just given the signal in Navarre, would be an important
event if the French Cabinet had excited it, or should
show itself disposed to second it. We trust, however,
that this is not the case, and that 14i. Guizot will reli-
giously abstain from taking any part in the intestine
quarrels of our neighbours."
The Constitutionnel writes to the same effect :

" This insurrection, which has been excited by the
party of Queen Christina, is the most fatal incident that
could occur at this moment to unhappy Spain. What is
wanted in Navarre, as in the rest of the Peninsula, is re-
pose, is peace, which can alone repair the evils of civil Ivan
We do not yet know what part our Ministry took in the
intrigue which led to this movement, but the language
recently held by the Ministerial Journals already throws
a heavy responsibility on the Cabinet. Espartero will
doubtless succeed in putting clown the insurrection ; but
the attempt itself is not of a nature to strengthen our in
fluence, already so much weakened, over the Spanish
Government."
The Five per Cents, were done on the Madrid Bourse
on the 29th ult at 27/ cash, and 27f t and 28 at 60
days.
La France gives, in an extraordinary supplement, ac-
counts from Kirchberg up to the 24th of September. The
Duke of Bordeaux will begin to walk in a fortnight.
A Journal states that the Session of the Chambers

will open on the 15th of December.
Yesterday the examining Commissioner proceeded to
the confrontation with Quenisset,of some individuals
presumed to be his accomplices, who have been lately
arrested.— Constitutionnel.
The Bayonne papers of Sunday make no mention of
the movement at Pampeluna, stated by the Moniteur Pa-
risien, and also by the Messager and Moniteur. The
news probably came by telegraph. It is remarkable that
no date is assigned to this event, which, if it has actually
occurred, is of no small importance.
We hear that every preparation is made at the hotel of
the English Legation to receive Lord Cowley, who is
expected about the 15th of October.
The Journal de 11 Libraire of Saturday last contains
the following advertisement :—" In the press, to be pub-
lished in November, Historie de la Conspiration Didier,'
in one large vol. Bvo, edited by M. Cretineau Isly, from
inedited and authoritive documents; among which are 83
letters of M.' Decaze." These 83 letters of the grand
refenderary of the Chamber of Peers, are said to be au-
tographs. It would have been a pity if this correspond-
ence were not at length published.—Le Commerce.

BOURSE—PaIos, WEDNESDAY, OCT. 6.
first Highest Lowest Lest
Price Price. Prier. Price
French 5 per Contr. ex. die. 114 59 ... 114 70 ... 114 50 ... 114 70
434 per Cents lO5 ... 106 ... 106 ... 106
4 per Cents 97 ... 97 ... 07 ... VT
3 per Cents 79 50 79 40 ... 79 39 ... 79 30
Sank of t ranee ?MO ..::350 ...535.1 ...33:.0
Laltitte sank 5,000 L. Stares 6065 ...506 ...1.085 .4065
moleian flank
Belgian 5 per Cent 5....... lOl% ... 101!•6 ... 101% .. 101%
1., F-cr Ccutt -71 73 ... -71-73 ... -7.1-73 ... 'Trio
Spanish Active l'2% ... tg2% ••• Mi ... 1254
Passive 5%. ... 5 ... 5.4 ... 5.,;ft
Portuguese spc r Cents, 26% ... EVA ... 26% ... 26%
Neapolitan lO5 ... 105 ... P.',5 ....o5
Roman ..... 103% ... 103% ...1003% ... 103%
... _ ____

RAILWAY .HAREb.
Versailles, L.B 2.7 50 . 207 LO ... 2)7 50 .. 207 50
R. B 3lO ... 310 ... 310 ... 310

Rouen

Urleana .. 483 ... 480 ... 4W) 480
115traiburgtoBal, shares red 2:37 50 . 237 50 ... 237 50 ... 237 50

WE HAVE MADE A STICK TO BEAT OURSELVES.—
Every office which the Whigs created to promote their
own views, or secure their own power, is now filled by
their opponents, and will, so far as influence can go,
strengthen the Government of the Tories. For ex-
ample, it was yesterday stated, " Her Majesty has ap-
pointed Lord Wharncliffe (Lord President of the Coun-
cil), the Right Hon. Sir Robert Peel, Bart., the Duke of
Buckingham, the Right Hon. Henry Goulburn, Lord
Stanley, Lord Granville Somerset, and Sir James
Graham, Bart., to be Members of the Committee on the
subject of education." Here, then, is all the education
of the country, so far as that can be controlled by Go-
vernment, now thrown into the hands of the Tories-
Lord Wharncliffe. will insist on men being bred up with
a proper reverence for country squires. Sir R. Peel will
take care that only a one-sided knowledge of statistics
shall be taught, which shall regard as superior to the Gos-
pel whatever the Tory Prime Minister may assert. The
Duke of Buckingham will be zealous that the principle
of contentment in that state of life in which it has
pleased God to call you, or the landlords to place you,
though it be to starve on Gs. a week, be assiduously in-
culcated. Mr. Goulburn will see that no' boy shall get
beyond common arithmetic, lest the blunders of the finan-
cier might became too apparent. Lord Stanley will have
no teacher who is not an ardent defender of all
the immunities of the Church. Lord Granville Somerset
will take care that reverence to the house of Beaufort be
inculcated at school, as it will never be learnt in the
world. The Knight of Netherby will slyly insinuate
that a love of consistency and of truth is not necessary
for those who expect to rise in the world, and he will
tolerate no teacher who advocates straight and upright
walking. In this Board there is no Catholic—no liberal
Mr. Wyse. What fools were those Liberals and those
Whigs to extend the power of the Government, and
enable it to encompass the whole community with a net,
in order to place its draw-string in the hands of the
Tories. The Whigs and the Liberals have placed educa-
tion under the control of the Tories and the priests.
That, however, we presume, has the approbation of Mr.
Ewart, and those gentlemen of his way of thinking who
are anxious to make our Government as extensive and
as mischievous as that of France.