The Sun.
London, England, 1847-12-14 00:00:00

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LONDON, TUESDAY. DECEMBER 14, 1847.

The Crime and Outrage Bill was last night read
the third time in the Lower, and the first time in the
Upper House, and in all probability it will be the
law of the land within the week. Mr. J. O'CON-
NELL, although he acknowledged the utter inutility
of any attempt to resist the wishes of the great
majority of the House, opposed the third reading of
the Bill, in which he was supported by Mr. SMITH
O'BRIEN, who was obliged by indisposition to absent
himself during the earlier stages of the measure.
The united influence of Young and Old Ireland was
uLahle, however, to obtain a more respectably mi-
nority than fourteen, many of the Irish Members
ho formerly acted with Mr. JOHN O'CONNELL
having remained away from the House, being
resolved that they would not expose
themselves to the charge of inconsistency,
byit-unowopposing a measure which they had received
approbation, while others followed the manly
ccurse of the Members for Meath and Mayo, and
lc lldly recorded their votes in favour of a law,
the pressing necessity for which they were compelled
to acknowledge, The for Kerry (Mr. Aloa-
Alf Jcaui
sup)ortastf night made a most
creditable speech
outth Bill, in which he
clearly and forcibly pointedthei manner in which
it differed from former measures,
and "being
with the
ordinary law as little as possible,
was the first
fashioned after
measure offered to Ireland which
an English model," the Hon. Memberprtielrevdinit gladly.
lie stated " that if the necessity of
in Ireland was admitted, he did not see that wgithoradevr
...how of reason he could object to it ;" indeed, he wentn'
further, saying, " It was to be hoped that the Bill
would work well, but if it did not, then, as it was their
first office in that House to preserve order and to give
security to life and property, be, for one, should not
oppose the Government in the introduction of a mea-
sure granting still more extraordinary powers.
This is the just and proper spirit by which the
Irish representatives should be octuated ; they should
press firmly and resolutely for those remedial mea-
sures by which alone the prosperity of their country
can be attained, but they should not appear as the
advocates of the miscreants by whom the peace
and tranquillity of the nation is disturbed, and

• the Irish soil polluted by blood. If Ministers
avowed their intention of relying solely on
coercive measures, and declared that they hoped
to appease the disturbed districts by penal enactments
of extraordinary stringency, then, indeed, there
would be justice on the side of the Irish Members
when protesting against such a course. But such is
not the desire of the Executive. Several measures of
great importance have already been announced. The
monster grievance of Ireland is to be abated—the
state of the relations between landlord and tenant is
to be placed upon a better footing—facilities are to be
afforded for the disposal of encumbered estates, and a
more solvent proprietary given to the country by
means thereof. The Grand Jury laws are to be re-
modelled, and although there are many other points
on which legislation is required, we have no
reason to suppose that the Ministers will stay the
progress of the necessary reforms, or that they
will not proceed with all due diligence to the enact-
ment of suck laws as may be required by the condi-
tion of the country. All, however, cannot be done
in a moment. Some time must elapse, even under
the most propitious circumstances, before the benefi-
cial effects of the proposed ameliorations can be fully
realised. In the meantime, from whatever causes
they may have arisen, crime and outrage have at-
tained a fearful height in some localities. The re-
straints not merely of the law are set aside, but every
dictate of religion and morality is violated. Human
life is disregarded, and blood is unhesitatingly shed
on the most trivial pretexts. We do not
believe that the people generally are implicated
as consenting parties in these sanguinary transactions,
but that they are intimidated by a few miscreants,
who, already stained with every crime, and with their
lives forfeited to the offended laws, unhesitatingly
commit any new atrocity. Granting to the fullest
extent that this state of things has arisen in conse-
quence of the bad government and the unjust laws
of former days—assuming that its origin has been
accurately pointed out by the opponents of the Bill—
surely that forms no valid reason why the reign of
terror should continue, and the assassins be permitted
to pursue their murderous course without molesta-
tion, until more equitable laws shall have produced a
better state of society. The contemplated remedial
measures form the strongest grounds for the concession
of the moderate powers demanded. The outlawed
disturbers of the peace must be taught that the law
is sufficiently powerful, and cannot be violated with
impunity—its majesty must be fully vindicated.
They must not be permitted to boast that the mea-
sures which have emanated from the justice and
equity of the United Legislature have been extorted
from their fears, or that a course of reckless ille-
g dity will be more effectual in procuring the desired
ameliorations than one of honest industry, and the
proper discharge of the duties incidental to their
several positions. Mr. JOHN O'CONNELL and his
a-sociates, however, insisted that nothing should be
done to put down those outrages, to protect the
peaceable inhabitants, or to enable the proprietors of
the soil to reside on and improve their properties,
until the other measures were introduced—measures
in which no effectual progress could possibly have
been made until after the recess. They ap-
peared to forget that Parliament had been
assembled under most extraordinary circum-

stances, and at a most unusual season of the
) ear ; they would make no allowance whatever, but
wasted the public time in opposing a Bill, against
which no valid or sufficient objection could be
assigned, and thereby materially damaged their own
characters and destroyed whatever influence they
might formerly have possessed in the House and with
the country. The loss of the late lamented
LIBERATOR was never more apparent than when the
Member for Limerick attempted to act as leader of
the Opposition against the present Bill.

At length, after a delay of two years, the unfor-
tunate Mrs. CUMMING has had that property restored
to her of which she was deprived, in consequence

of the present most unsatisfactory state of the law of
lunacy. Our readers may, perhaps, remember that
this unfortunate lady was, in May, 1845, seized,
and, upon the certificate of two "skilful persons,"
incarcerated in a lunatic asylum, where she remained
a prisoner until the month of September following.
In that month a Commission de Lunatic° Inquirendo
was sued out against her at the suit of her
daughters and their husbands, and a jury was

a,sembled at the Horns at Kennington, to try the

I question of her sanity. Before that jury this un-
fortunate lady was brought, without a legal adviser, in
custody of the keeper of the asylum. For one day
she defended herself, and defended herself well too
(no great proof this, by the bye, of insanity), and at
the close of the day's proceedings a solicitor, who hap-
pened by chance to be present, offered his services to
her, which were thankfully accepted. The inquiry
was adjourned in order to enable him to in-
struct counsel ; and when the jury re-assembled
they were astonished to hear that those
who had sued out the commission had
offered to compromise the case (as if it were possible
to compromise a charge of imanity), and that Mrs.
CUMMING, who had for months been incarcerated as a
lunatic, would be set at liberty, if she would make a
disposition of her property in favour of those suing
out the commission. To those terms she consented,
and executed certain deeds, making the required dis-
position of her property. At the time this arrange-
ment was entered into we drew the attention of the
public to the case, and gave it as our opinion that
the agreement was void, inasmuch as, if Mrs
CUMMING were insane, she was incapable of
executing any legal document, and if she were sane
her execution of the deed having been obtained under
a threat of incarceration, the deed was void, because
the execution of it had been obtained under duress.
An action was brought by Mrs. CUMMJNG to recover
possession of the deed thus extorted from her, and
the jury found a verdict in her favour. Subsequently
a rule nisi was moved for a new trial—the case
was solemnly argued in the Court of Queen's Bench,
and on Saturday Lord DENMAN, in giving the judg-
ment of the Court, fully confirmed axe views we had
all along entertained as to the invalidity of a deed so
obtained. His Lordship said—

On the trial of the issue, it was contended for the
plaintiff that she was not bound by the arrangement,
as it was made at a time when she was under duress. It
appeared from the evidence that she h.ad been confined
in a lunatic asylum, and was brought from the asylum
before the Commissioner; and it was sworn by the clerk
of her attorney, that she acceded to the arrangement
from fear of being taken back to a lunatic asylum. It
was contended that that confinement was illegal ; and
that even if she was in lawful confinement the argreement
was not binding as it was executed under duress. On the
other hand, the defendants contended that the proceeding
was Gana fide for the benefit of the plaintiff' herself, and
tLuc the agreement had been sanctioned bythe counsel act-
ing on the part of the plaintiff. Great weigh twe uld be due
to this consideration under ordinary circumstances, but
where one of the parties is alleged to be a lunatic the par-
ties are not on equal terms. The object of the proceed-
ing under the commission was that she might not be de-
clared to be a lunatic, and that the management of her
estates might be taken out of her hands. How then
could the defendants, in the face of their own proceed-
ing, contend that she was in a fit state of mind to give
her consent to such an agreement ? If she was in her
right mind, she was entitled to keep the deeds ; and if
not, she was incapable of giving her assent to the ar-
rangement. We need not question that hie. counsel did
the best for her under the circumstances ; but aa, by
the hypothesis she was incompetent to make a contract,
she was equally incompetent to appoint counsel to act on
her behalf-. If her counsel acted on the belief that she
was in a sound state of mind, their proceeding is now
being enforced. It might, perhaps, have been better for
the plaintiff, if this agreement could have been carried
out; but we have no power to effect that object. The
jury found a true verdict when they decided in favour of
the plaintiff. The rule for a new trial oust, therefore,
be discharged."

It is satisfactory to have this solemn decision of
the Court of Queen's Bench declaring the illegality
of all settlements of property obtained by a threat
of incarceration in a lunatic asylum ; but it only
proves the absolute necessity that exists for the in-
stitution of some public preliminary inquiry into the
state of mind of alleged lunatics, before authorising
their incarceration in such an asylum. In this case
Mrs. CUMMING had been incarcerated from illay to
September in an asylum upon the authority of a
medical certificate, and there she might have re-
mained until this moment had not an attempt
been made to get the control of her property,
which involved the necessity of an inquiry before a
jury. Air. CAMPBELL was incarcerated in an asylum
on the certificate of "skilful persons" for upwards of
seven years, at the end of which time he inherited some
property an inquiry before a jury consequently he-
came necessary, and the jury declared that he had

always been perfectly sane, and he was restored to
society. All these cases prove that an inquiry before
a jury is the only safeguard for the liberty of the
subject, who may chance to be accused of insanity,
and we confidently trust that the present reforming
Government will not suffer this crying grievance to
remain much longer unredressed.

The Vesuvio steamer has arrived at Marseilles,
bringing intelligence from Sicily to the Ist. At that
date considerable agitation prevailed in Palermo, and
the Governor, to appease the people, had been obliged
to promise the immediate adoption of measures of
reform.

The Madrid mail had not arrived in Paris when
the post left.

We have received the Paris papers of Sunday.
It was rumoured in Paris that ABD-EL-KADER had
made his submission to the Emperor of Moaocco,
dissolVed his Deira, consented that his officers should
inhabit each by himself such places as the Emperor
and the French Government shall appoint, and had
chosen for his own residence a place in the neigh-
bourhood of Fez. The Journal des Debats and the
Presse express doubts as to the authenticity of this
intelligence.
M. GUIZOT is evidently trying to back out of the
awkward scrape into which he has got himself by his
impertinent meddling in the affairs of Switzerland.
The Journal des Debats says—
We, like the other journals have published a note
which we are useured has been, or is about to be, ad-
dressed by th, Helvetic Diet to the Minister of Foreign
Affairs of France. Although we have reason to believe
that up to the present moment the French Government
has not received any communication of this kind, we
have, nevertheless, nu reason to doubt of the document
published by the Swiss journals, neither do we make any
difficulty in acknowledging that the answer of the Diet
is conceived in moderate and proper terms. Our only
regret is, that the acts of the Radical majority are not
more in conformity with its language. The argument
of the Diet goes principally on one point, to wit, that
the five mediating Powers, in proposing to call into a
common conference a representative of the Diet and a
representative of the Sonderbund, appeared to acknow-
ledge in Switzerland the existence of two confederations,
and to place them both on a footing of equality. The
Diet protests with all its strength against that separation,

whiefi, according to it, would I.:Umpromise the integrity of
Switzerland. On this point we shall make one remark.
The Diet, in addressing principally to the French
Government its protest against that part of the col-
lective note, is deceived to a certain point in the direc-
tion. If we are nut deceived, it was not M. Guizot
who had the first idea of dividing the Diet officially into
two parts. He had foreseen the obstacles which such a
proposition would naturally encounter. It was more in
conformity with the spirit of the compact and with the
spirit of the sovereignty of the cantons that all the can-
tons should be individually represented in the con-
ference as they are in the Diet, and we know that a
disposition of that nature formed a part of the project
originally proposed by M. Guizot. It is nut that the
French Government had a fixed opinion on that subject,
as to which side was in the right, but it was not to it
we believe, that the initiative in this uclicial recognition
of the two confederations should be attributed; and, per-
haps, if the Diet had been better informed on this point,
It would have shown less vivacity in its protest.
" As to the merits of the question, the reasoning is so
worn out on both sides that we believe it to be super-
fluous to revert to them. We only remark that it
is necessary to understand the meaning of words diffe-
rently from a hat it has ban since the invention of
languages to affirm that there ass no civil war in Swit-
zerland. The invasion of the Leven cantons of the
Confederation by a Federal army was only, according
to the Diet, a simple measure of order and of interior
police; and the eighth article of the compact deter-
mines that, in every case where a different majority is
not specially la quired, it is an absolute majority that
decides. But it is that very article that condemns the
Diet, for the first principle, the fundamental basis of
the compact, is precisely the guarantee of the suve
reignty of the cantons ; that is to say, that in every
thing having reference to that sovereignty nothing
should be determined excepting with the consent of
those interested. Thu Diet wished to cover itself' with
the compact, but it has rent it too much, and made too
many holes in it, to make it now a mantle. We the
less hesitate to do justice to the moderation adopted by
the Diet in its language, that this very moderation is
the severest censure that can be cast on its acts. To
hear it—it only wants to restore peace to the Confede-
ration, liberty to the oppressed, their country to the
banished ; all which does not prevent at the same
time from occupying militarily the conquered cantons,
proscribing the persons vanquished, and multiplying
confiscations. This is not only unjust, but un-
skilful. The last events have, in a certain
measure, changed the state of things to which
the mediation was to apply, anti have neces-
sarily altered its terms. The Diet will now, no doubt,
have sent its reply to the Governments, the representa-
tives of which had addressed to it the collective note ;
as soon as that communication shall have been made
officially, it is probable that the Powers will have to
make it the object of new deliberations, on which
the ulterior conduct of the Diet will not be without in-
fluence."
The threat involved in this last sentence will no
doubt be estimated by the Diet at its true worth.
The big words of M. GUIZOT will not fright them
from their propriety. By this time they are perfectly
well acquainted with " him and his means."

Accounts have been received from the island of
Bourbon to the 16th. There had been a serious
emeute at St. Denis, the capital of the island, in conse-
quence of the arrival of two priests, the Abbes PONCE..
LET and MONNET, who had made themselves obnoxious.
The white inhabitants assembled, and threatened to
expel the priests by force. The military interfered,
and dispersed the rioters, not, however, until several
had been killed and wounded. At length the Go-
vernor sent M. MONNET, the most obnoxious of the
priests, from the island, and tranquillity was in con-
sequence partially restored. It appears that these
priests were abolitionists, and that at one period of
the emeute the slaves threatened to rise in their de-
fence.

It is said that a lively altercation took place on
Friday between MM. GIIIZOT and DUCMATEL, the
former reproaching the latter with mismanagement in
suffering the Reform dinners to continie, and the
latter retorting on M. GUIZOT his gross blunders in
Swiss affairs.
The Debats states that there is no truth in the re-
ports which speak of an insurrection in Sicily.
The Three per Cents. were done in the passage of
the Opera on Sunday at 75f. 27ic.

BUSINESS DONE IICT FOREIGN RAILWAYS AT THE
LONDON STOCK EXCHANGE, DEC. 13.
Boulogne and Amiens, 14%—Central of France (Orleans
and Viarzon), 1514—Dutch Rhenish, 2%—Namur end
Liege, 51A—Northern of France, 11%—Paris and Lyons,
5174—Rouen and Havre, 19—Sambre and Meuse, 7;i:,-,Tours
and Nantes, 4—WestFlanders, 11A.

MARKET NEWS.—(THIS DAY.)
SILLY ZVIATL=ETS.
SMITIIFIELD.—Meadow Hay, 2/ lOs to 31 12s ; Clover,
ditto, 3/ 103 to 41 15s ; and Straw, 11 5s to 1/ 8s
per load. A full average supply and a heavy demand.
CUMBERLAND.—Meadow Hay, 21 lOs to 3/ 143 ;
Clover ditto, 3/ 103 to 4110 s; and Straw, 1/ 5s to 1/ 10s
per load. Supply moderate and trade dull.
WHITEMAPEL.—Meadow hay, 21 8s to 31 12,;
Clover ditto, 3/ lOs to 4/ 15s ; and Straw, 1/ 4s to
1/ Ss per load. Trade dull at the above quotation.

%-..-YESTERDAY.

Walker
Washington
Eden Main . 203 3d
Harraton Main 163 6d
Belmont 205 3d
Retton
Lambton
Russell's Iletton
Shot ten
S: swan's
Whitwell
Hudson's Hartlepool 2os Od
High Thorn ley
Heugh Hall
Leasingthorne Hartley IGs Od
Adelaide Tees ... 2os 64
Denison
Richardson's Tees 193 Od
19s 9d
Od
iCS:°.uwitihl'anprtulleiryahraNttlneeytherton 178 Od
155—soil, 87.