The Sun.
London, England, 1840-04-21 00:00:00

THE SUN, LONDON, TUESDAY, APRIL 21, 1840

pay of the last regimental commissions, which in the
case of the Lieutenant-Colonels of Household Cavalry
exceeds the 1- ss, a day, or a minimum rate of 1001.

It must be admitted that this state of things cannot
riegain occur, and that it will be impossible, under the
?) resent regulations of the service, to have General Of=
i cers of the age stated by Lord Fitzroy Somerset ; but,
ail the other hand, there is a perfect assurance that every
ommission on the regimental establishments is conferred
fipon an individual who must do personal duty therein,
and that the probability of obtaining General Officers
ith suitable qualifications is more apparent from an
et ficient regimental force, than it could have been in one
iv here a large number of commissions were held by chil-
d: -en, or were nominally filled by officers in their rapid
rogress to higher ranks.
It is, however, our duty to apprise your Majesty that
it is precisely in regard to this part of the present sys-
m that we desire to qualify our commendations of it,
we intimated in the commencement of our Report
r pon the Army. During peace no changes may be re-
,/ aired, as the ordinary course of promotion will probe-
y supply a sufficient number of competent Generals
ir all the duties of command at home and abroad ; and
;:rt . is certain that the grant of Brigadiers or local rank
night at all times make a large number of Regimental
Commanding Officers, perfectly available to command
brieades in a campaign. We do not apprehend any in-
,efficieacy, therefore, under any circumstances, but it
might certainly bo necessary if a war, equal in magni-
tude 07 importance to the last, should again occur,
either to make a very large promotion, or to revise, and
:perhaps to reduce or consolidate, some of the Brevet
.ranks which intervene between the regimental and the
:brigade command.
Under the precedents established at the commence-
tnent of the war in 1793, a rapid succession of Brevets
evould undoubtedly advance many officers fully qualified
in age and health for the most active duties of field ser-
I ice ; but it is to be remembered that there was then no
s pecial pay for General Officers who merely continued
t o receive their former half-pay or full-pay, whereas,
since 1814, there has been a rate of pay specially allot-
ted to Unattached Generals, the minimum of which is
aow 4001. a-year ; and promotions on the scale adopted
during the progress of the war would, therefore, entail
a greater charge upon the public than resulted from
Stn war promotions.
This, however, is a question, the consideration of
hich may be well deferred. We are perfectly satisfied
tli at the system of Army promotion is sufficiently elastic
to be expanded to meet every emergency, and till the
Ea tent of the necessity shat have become apparent, no
cl:ange nor extraordinary acceleration of advancement
i s required.
Quoting from the evidence of Lord Fitzroy Somer-
s et, we have shown that an officer, although positively
iieefficient for service, may obtain, while on half-pay, the
rank and the pay of a General Officer ; but, while the
s.x me brevet advances a number of other officers per
fiitly efficient for all duties, we do not see any greater
cc actical disadvantage in this circumstance than would
r rsult from the inefficiency occurring, as it must in the
c ourse of nature, after the promotion,
Sir Edward Blakeney, indeed, stated it to be his
o pinion that the position of the General Officer was one
ot. responsibility, requiring bodily activity and energy ;
wed such qualifications are undoubtedly necessary for a
neral in active employment. But it must be remem-
le.ll.ed that in whatever degree the officer might possess
ti rose requisites when advanced to the rank, the pro-
giross of time must infallibly destroy them ; and it is
ire.vitable that the General Officers' list must always
stain a very large number of officers, whose course
ma ly have been distinguished by the most varied and
meritorious service, and who hold that rank, long after
tie t.. 3, have ceased to present a shadow of efficiency, as
a :reward and an honour they have earned by gallantry
in; the field, or arduous and responsible colonial duties.
iles the rank of General Officer, therefore, cannot neces-
si wily imply constant efficiency, we do not see that, as
lc nig as a sufficient number of officers qualified for duty
a re to be found among those advanced to the rank of
G;eneral, any ill can result to the service from the ad-
v encement of some who are not effective, but who have
e. Tamed that distinction by good previous service.
On the contrary, we are disposed to regard with
p eculiar favour the case of an officer who may have
h eon worn out in a long course of regimental duty, and
c, empelled in consequence to retire upon half-pay efter
3 0 or 40 years' uninterrupted service ; and we consider
ti at it would be hard, on account of an efficiency so
c( ,sitracted, to deprive him of the distinction of General
O fjeer's rank, and the pecuniary advantage of the pay
assigned to that rank, they being perhaps the ultimate
rev .-ard he will obtain for having passed the best years of
leis life in the military service of the public. Indeed,
t hi : position of this class of officers was so strikingly cx .
,plified in an instance brought under our examination,
t hest we shall hereafter venture to make a special rc-
co. emendation for an increased provision for a select
u mber of Lieutenant-Colonels in the interval between
t ,ir retirement and subsequent promotion to the rank
General Officer,

Upon full consideration, therefore, we are not dis-
: I p 'sad to suggest any change in the present system of
p o >motion to the rank of General Officer.
The position of the General Officer after he is ad-
, vat iced to that rank may be briefly stated.
The ultimate and most valuable rewards which the
Cle neral Officers of the Army can obtain are the Colo-
-11,1,/ cies of regiments, the pay and emoluments of which
w :,... re regulated in accordance with the resolutions of a
Co rnmittee of the House of Commons in 1833, and are
ccti mated a 4; the following annual rates :
;3rt :nadier Guards £3,000 per annum.
Col idstream and Scots Fusilter Guards 2,000 ...
Fir asehold Cavalry l,BOO Fill ;t Dragoon Guards
Ot ber Cavalry 1,350 . ...
Infantry of the Line
'rhere are at present 133 of these appointments, viz. :
3: Foot Guards.
3 Household Cavalry.
1 First Dragoon Guards.
22 Other Cavalry.
104 Regiments of Infantry (including 2d battalion 60th
Foot; 2 battalions of Rifle Brigade; and 2 West
India Regiments).

It; is admitted that the appointment of a General
Off, :er to b Colonel of a regiment is given as a re-
war et ; and that he is not a duty officer necessarily.
T,he General Officers who are not Colonel of regi-
meacts, but who have established their title to the ad-
van +.-ages of that rank, receive unattached pay.
'rais first granted from 25th June, 1814, in three
rate, viz.:

General...
£1 18 0 a-day
Lieutenant-General 1 12 6 ...
Major-General ......
were fficers removed from the Foot Guards
specially provided for at the following rates, ac-
cor
Gizards, vo ding tzt. :h—
-e commissions they held in the Foot
i
Lieutenant.. Colonel ............ XBOO per annum.
First Major, Ist Regiment
Other Majors .................. 900 ..
....... 700
Senior Captains

Other Captains

............... ... 550

erseosoubsequently con
iris:4olc, and there was
These rates of unattached *****
the t e sus-
•••
sid:ered to be fixed at too hi 2
cement they
generflellr,ltterom the great
ps oe,,33isei
on reasono f b
rteovfeetaar
advancement
expense attending any creation of Genera! Officers. To
obviate this, the two higher rates of 1/.
I/. 12s. Gd. a.day were prospectively abolished in
and
818,
and fixed one uniform rate of I/. si. a day was
as the
rate for all ranks of Generals not being Colonels of
rev-iments ; bnt this allowance was limited to an esta-
..
bli:ihment of 120 only. Those receiving higher rates
of unattached pay under the warrant of 1814 will not
bet deprived of that advantage, but, as vacancies occur
in the establishment of 120, an officer is selected from
the I/. ss. a.day from those Generals receiving lower
rates of pay.
The Guards' Generals are allowed—
Lieutenant-Colonel £6OO a year.
Major
***** . £sso ...
Captain.,
.........................
£4OO ...
Ober unatia-cl ......... ..
General... . offi-e.e-r.s. receive the full-

SPIRIT of the PUBLIC JOURNALS.

FROM TILE DAILY PAPERS OF lEsTnanay.
(Front the Globe.)
The" High Church party"generally have lately been
putting forward claims, and hinting at latent but inde-
feasible rights, in a manner that cannot but draw at-
tention, though it may not excite alarm. We believe
that the great body of the clergy, and even a large ma-
jority of the Episcopal bench, disapprove and discounte-
nance these assumptions, which come with a bad grace
from those who are foremost in calling in the civil power
to aid
d io n t.
hpe m in
ih of ecclesiastical dues, and in
getting
sleliTring Church Extension by additional
x
The advocates
advocates of the last measure plainly
t a
up
say that it has become necessary because the Church
was robbed by Henry VIII., and hint at the resump-
tion of lay impropriations and abbey lands. To such
persons it is no answer that these were the property of
the Romish Church, for we believe that however odious
Popery may be when it shows itself in the form of a priest
at forty pounds a year on the voluntary system, and a con-
, gregation of barefooted Irish, a return to the doctrine
would not be greatly resisted if made a sine qua non to the
possession of the endowments. But the people of England
are attached to the Church for its utili-y—they support it
for their own benefit, and utterly repudiate the notion
that it exists for the purpose of putting money into
snap. a v good
deep
the pockets and power into the hands of any set of
men, however holy, without demanding from them an
examples.equivale equivalent in tit.
pubic o
have
no
e
preceptsgoodrevearenndee fr
abstractions, and will not cueourage sinecul ists, or risk
the immediate dismemberment of the empire, to provide
pastors for flocks which may arise at some indefinitely
remote period. The Post talks of the Whig-Radicals
wishing to throw the Church down. Perhaps there
was never less said or done with such an intent than at
the present time. The Church is let alone, and will
be so, while it cuntinnes to discharge its duties. We
do not treat as recognised leaders of the Church, the
M'Ghees, and M'Neiles. Were the clergy
generally to resemble them, the Church would be swept
away before the end of the Session.
(From the Standard.)
The Examiner of yesterday has the following para-
graph :

a year.
The pay as Colonel of a regiment, or the unattached
pay, is issued to the General Officer, whether he is in
the discharge of a General Officer's duties or not.
If he should he galled into employment by being
placed on the Staff, he receives in addition to either
the emoluments as Colonel of a regiment, or the unat-
tached pay, special pay for such employment, under the
denomination of Staff-pay, at the following rates :
General Officer, Commanding-in-Chief, or commissioned
as Commander of the Forces on any particular station
(North America the only instance at present)
If a Field-Marshal £l6 8 9 a day.
If below that rank
General 5 13 /0 ...
Lieutenant-General 3 15 10 ...
Major-General 1 17 11 ...
And also allowances for forage, lodging, and, in some
rastances, table-money.
Besides the provision thus made in unattached pay,
in appointments to regiments, and in staff-pay for Gene-
ral Officers of the Army, there is a sum set apart as
rewards for distinguished service, granted in lieu of gar-
rison appointments which were abolished in 1833. This
sum of 18,000/. a year has been hitherto granted to un-
attached General Officers, in annuities varying from
400/. to 175/., without reference to the particular rank
as General Officer which the individual might hold.
It is proper to note here that there is no regulation
which limits these rewards to the rank of General °ill.
car, but they have, up to the present time, been so ap-
plied. We consider, however, Field-Officers and
others to be equally eligible.
Although, therefore, the minimum scale of pay for
unemployed General Officers has been fixed at a very
moderate rate-400/. a year—we consider that the ad-
vantages resulting Irons employment, and the !Tweeds
in Colonelcics of regiments, or in those annuities spe-
cially granted for distinguished service, offer a fair com-
pensation to this class of officers.
Having examined the system of promotion to the
rank of General Officer, we direct our inquiries to the
question of Brevet advancement in the inferior ranks.
In the Ordnance corps, and in the Marines, the
rank of Colonel is a regimental commission, open to
the Lieutenant-Colonels in the ordinary course of
succession by seniority, from which commission the
officer is removed upon his attaining the rank of
General Officer. In the Army, on the other hand, ac-
cording to the practice of the service, the Regimental
Colonel is now a General Officer, although there is no
positive regulation enacting this, and the only mode of
advancement to Colonel's rank in the Army, except in
a few cases in the Household Troops, where certain
Feld-Officers have the rank ef Colonel, is by seniority
on the occasion of General Brevet promotions, or by
selection to be Aide-de-Camp to the Sovereign.
During the course of our examination of the witnesses
from the Army, the question of extending the brevet
promotion for distinguished conduct in the field io the
rank of Colonel came under consideration. Upon this
point, and with reference to the subject of promotion to
the rank of Colonel generally, the Duke of Wellington
desires to record his observations, which he wishes to
be considered as evidence tendered to the Commission.
We therefore place his memorandum is our Report.
MEMORANDUM.
It appears to me that we have not distinguished in
this discussion the practice of the service from the
regulation.
The practice of the Army service has been, from a
very early period of time, to appoint the senior Officers
of the Array ; in other words, the General Officers, to
fill the offices of Colonel of each of the several re-
giments. '
The reason for this was obvious. The public al-
lowed only the expense of the effective establishment of
the Army. In time of peace nothing was allowed for
unemployed General Officers.
The practice has continued of naming General Offi-
cers to be Colonels of the several regiments, notwith-
standing that the cause for it has increased in some de,
gree ; but there is no regulation to prevent a Lieute-
nant-Colonel of a regiment, or on the half-pay, from
being appointed a Colonel of a regiment. In point of
fact, there are many instances of Lieutenant-Colonels
of regiments, or on half-pay, having raised regiments,
and having been appointed Colonels thereof ; and there
are some of Lieutenant-Colonels having been appointed
Colonels of regiments already in the service.
I think that a consideration of the reasons for which
permission was originally given to the Command
General of an Army to recommend, for promotion by
brevet officers, who should have distinguished themselves
in action, will show the reason for which the rank of Co-
lonel was not and ought not to be included.
At the period of the Union with Ireland, an essential
alteration was made in the organization of the command
of the Army.
The whole Army was thenceforth considered as one,
and under the exclusive command of the General
Commanding-in-Chief at the Horse Guards, and in re-
lation with the Sovereign, particularly in regard to the
promotion of officers.
Previous to that period, the Army in Ireland bad
been considered as a separate one, under the command
of its Commander-in-Chief, who, under the superin-
tendence
of the Lord-Lieutenant of Ireland, exercised
the patronage thereof. In the same manner, the Cons.
manner in-Chief in North America, the Commander-
in-Chief in the West Indies, on the Continent or
Europe, or wherever employed, exercised each the
patronage of the Array under their command respec-
tively, up to the commission of Lieutenant-Colonel, as
such commissions fell vacant.
The Commanding-General of the Army in the
Peninsula, having to conduct a more arduous service
than had been conducted in modern times, complained
'seTHeSonsiint-litigl7taln,
that he had not, as others his predecessors employed on
other former services had, the means of rewardin by ACCIDENT AT THE THEATRE.--
:;E-Y
promotion those distinguished by their talents, zeal, At eight o'clock on Saturday last an
th ien qbuoe(si tv
(,wasf
Garuinyer. George Selwood, constable and gallantry. The mode of reward by the grant of
Dace,before aikgferd. Psiaxytyn,e,aatm
the Surrey Theatre,h deposed that on the evening of last Thurs.
brevet promotion to a certain number of officers thus
adoayit• soinx weeks he wasto atlharemsedotb?; a noise on th 7, gallery stairs,
distinguished was proposed and adopted ; and it was
founodndleicf7.sedhlying there,
the Commander-in-Chief at the Horse Guards, and
not the General Officer commanding on the spot, whey with hisp left leg proceeding
under hiem
on the first occasion, suggested the number of each ness discovered that his leg was broken in twoing pliamceusi'' v'Dlet:
rank, and the numbers of the whole to be recommended. ceased was immediately taken to the above hospital, and in his
The Commanders-in-Chief of the several armies em- transit thither he stated that whilst descending the stairs he
ployed out of Great Britain never bad the power of
slipped and fell, but he complained of no one. Mr. Davies,
appointing Colones of regiment Lieutenan- chioduesnetr
b a
surgeon, saidfra detuerceeaosf bothedn• b
a 3 admitted shortly after the ac-
ts, or
Colonels to be Colonels. The General Commanding set, and he went on well until Wednesdayc:neof the
hstleft le It
erlts.eas.
the Army in the Peninsula never could have had the !asset in, of which he died on Saturday
morning. The 3 'lies-
ease of which he died was the consequence of the injury done
pretension that such power should be conferred upon
him. Such power had never been held by any of his to the leg. Verdict—" Accidental death."
predecessors in command wherever employed. MIRACULOUS TENACITY OF LIFE IN AN
It must he observed that the grant of the rank of INFANT.—We have to relate the particulars of a circumstance,
Colonel, whether by brevet or by commission of Celonel so singular and so apparently incredible, that but for the
of a regiment, opens to the grantee the door to com- most positive and satisfactory proof of its truth, we should
hesitate to publish a narrative which cannot but be regarded
mand, and to all the honours and emoluments of the as most marvellous. Yesterday week, ahmt noon, an infant
profession. son of Sir. John Pomfret, farmer and cheescmonger, of
It appears to me that it is not fit that this power
Fishwick, near this town, only one year and nine months old,
should be held or exercised by any officer, excepting
strayed from home, and the anxious parents, thanking it
the one placed
might have wandered into the town, had it warned by the
grant
of such a favour. near the Sovereign to advise upon the bellman, and although every other means was taken during
- the night to find the little inßoeent all attempts were fruitless.
Seeing how liable to abuse the power of granting On the following morning, after a 'sleepless night, the discon.s.
late father despairingly searched some time in the fields, nearto-
brevet promotion far service is, up to the rank of Lieu-
his dwelling, and at length observed, in a ditch, at
lostsom ecdhiisltdrnefueil htawlefnitmmhersedgahifnttermhatut
,a,anscalnfi,wratter, his long-
tenant-Colonel included, I consider that it should be
understood that the rule is, that the power of .recorr-
mendation should not be exercised till the Sovereign head was reclined on its itosurrsi wonderfulmissed Its
to
should have considered the report of the service per. relate, thoughthoughonly twenty-one months old, and thought pro.
-formed, and should have signified orders that officers bably lieving been in the ditch all night, it still lived.
should he recommended by the General Commanding When taken up it was fast asleep, and the lower extremities
were paralysed, from the effects of long exposure to wet and
on the spot for promotion by brevet.
cold. The lather lost no time in conveying the child home, to
By this mode of proceeding the recommendation can comfort the remainder of the family, and to receive all the kind
be checked by the authority of the Sovereign, efforts that were ready to be bestowed towards its restoration.
(TO EE CONTINUED.) Shortly afterwards it asked for food, of which it eagerly par-
__ ...+,Ol/ took. It then began gradually to recover its health and spirits,
The Crown has caused the furniture and books and we are glad to add that it is now, to all appearance, per-
of George Glennie, thin late manaeing; director of the Unien fectly restored. To attempt to describe the parents' emotions
';vst
elevenhs heoat trains anitn'
night
hn
Annuity Company, to he valued b; the Sheriff, under the ex- on recovering their lost one, after its being in such serious and
tkr,a,nasnedlfdrtoolium,e I
tent in aid issued by the Court of Exchequer for the non-pay- protracted jeopardy, would he a vain task. So singular and
rnent of the advertisement duty for the Garden,tr's Gazette hair-breadth a preservation of life has,
and court Gazvtte, of which he was formerly a joint pro- occurred.--Preston Chronicle.
prietor. The goods were valued at 1501., and the V. together GOOD FRIDAY AT GREEN WICII.---The rail.
with the books, were declared forfeited to the Cnirn. The
creditors under the bankruptcy had been induced to believe that eightw a way coo,Tlpoacnkyi
n hadth
the
am complete
the books would have been given up to them. number ofpassengers exceeded 13,000. The money taken on
NAPOLEON'S MEMORIALS OF DECEASED this occasion amountedg to nearly liltd. The steam-boats, be-
Sevens.—Fle spared nothing that could do honour to the tween twelve o'clock and sixwere crammed nearly to suffoca-
mnipnlgetteintlilara‘frteert
memory of deceased savans. From Osterode, still covered by tion. The coaches benefited the great influx of visitors.
the dust of battle, he ordered the statue of D'Alembert to be k
placed in the hall of the Institute. He caused a mausoleum to A Correspondent of the Lancet records a
be elevated to Voltaire, and another to Rousseau. The busts of rather amusing,
and certainly a singular occurrence, under the
Tronchet and Portalis, by whom the first draft of the Code somewhat Hibernian title of twins born in different months.
Napoleon was drawn up, were placed in the hall of the Council On the evening of the 31st of last menth, he was summoned
of State. At Cambray, a monument was erected to the ashes to the wife of a tradesman in Somers-town, who was delivered
of Fenelon.— Opinions of Napoleon. by Prince Louis, ' of a child at a little after eleven, and which was consequently
TOUGH, BUT TRUE.—OId Mr ,, of , born in iNlarch. Parturition proceeded;
the
was disehovetrheed
Istto
be a twin case, and about one o cluck in,t
we
rmooldrnoifng
Worcester county, used sometimes to be absent on a missiona,' -
nuts.i' The
of April, another boy entered this strap,
._
tour. Once on a time, havini,rjust returned from one of those
respectively on the spot, quaintly enoug'e,
nurse christened them ,
excursions, Le Lund his congregation quite drowsy, and, wish- by the names of the months in which they were born.
inn to wake them up, he broke off in the midst of his sermon,
and began to tell them what wonderful things he had seen in BARPARITY AND SUPERSTITION.--It will
York State; among other wanders, he said he had seen mon. scarcely be believed that the following disgusting act of super-
strous great mosquitoes—so large that many of them would stition and cruelty could be practised in the nineteenth cen-
weigh a pound ! The people were by this time wide awake. tury, and in a city like Norwich ; but such is unfortunately the
" Yes,' continued Parson 111., " and, moreover, they are often fact. Children who are sickly are taken to a woman living in
known to climb trees and bark !" The next -day one of the St. Lawrence, to be cut for a supposed disease called the 1
deacons called upon him, telling him that many of see brethren n spinnege ;" the woman performs her operation on a Monday
were much scandalised at the big stories he told the slay before, morning only, and charges threepence. On the first visit the
" What stories ?" says Parson M. " Why, Sir, volt said that woman cuts the lobe of the right ear with a pair of scissors,
mosquitoes in York State were so large that many of them arid with the blood makes the sign of the cross upon thec.hild' s
would weigh a potted!" " Well," rejoined the Minister, 44 I forehead. On the second Monday she does the saute with tee
i
do really think that a great many of them would weih e, , left ear, and in some instances it is deemed necessary to subject
pound." " But," continues the Deacon, you also maid that I the little sufferers to nine operations of this ridiculous
P.4,We11, eere-
they would climb up nn trees and bark . 4, Well, Sir," says mony. We hope, after this exposure, that parentsteot.wiil notj
Parson M., "as to their climbing up on trees, I have seen again subject their infants to such barbarous tree In —No -
them do that—hav'nt you, Deacon ?" " 0 yes." " Well, folk Chronicle.
how could they climb on the trees and not on the bark ?" The THE INCENDIARISH IN ST. THONIAS.—It
Deacon was, of course,nonplussed. will he remembered that three men, named Dorton, Radley,
DEVICE OF GRATTAN TO WAKE HIM- and Richardson, underwent two private examinations before
SELF.—Grattan, the celebrated Irish barrister, was indefatiga- the County Magistrates, on a charge of being concerned in 'he
biy industrious. He was so anxious not to lose a moment in late fire, at St. Thomas. From what has transpired it ap-
sleep, which, in his opinion, ought to be devoted to study, that Pear"' that Darton, who is a man of bad character belonging
he co • to Sr. Thomas
contrived a singular apparatus to rouse him regularly at day., to Plympton, induced the two other men to go .
_break. A small barrel filled with water was placed over a I with him on the night of the fire. They had been strolling
basin, which stood on a shelf immediately above his Pillow, and l about the city, having neglected to return to Newton in the
the cock of it was sufficiently turned to fill the basin by dare vehicle by which they had come to Exeter. While leaving the
.
light ;so that if he didnotthen the • II 1 On city, and before they gor near the field, he asked them if they
rite water owec up
his per Son and bedding. did' not smell fire, and repeated the question several times
Cov • afterwards. He also gave the alarm of fire at the Guildhall.
cnt-garden Market on S d
atur ay presented 1
great attractions from the . I He has been committed for trial.— Western Times.
and the rare exhibition very arge display of flowering plants
A NONAGENARIAN PEE it.—Lord Kenmore,
of fruits, and in the afternoon presented I
the appearance
nide. - who is one of the restored peers of Scotland, entered some
Actongst the novelties in fruit were some cherriee, but months ago the 91st year of his age, and must be nearly at the
strawberries v were
•vet plentiful, some scarlet, being 9d. per same advanced period of life with our gallant and highly esti-
ez. and upwards, whilst Beane'. •
seedlings, the best el the early mated Lord Lynedoch, who is, too, yet comparatively vigorous.
forced varieties, were 2s. 6d. per oz. i —Perth Advertiser.

" It appears by returns sufficiently authentic, that in
1811 the persons employed in agriculture in 1000 were
352, to 648 in manufactures and trade ; and that in 1831
the former were 281 only to 719 of the latter; so that at
that ratio of decrease of the one and increase of the other,
in 1861 we shall have only 175 out of every 1000 employed
in agriculture, and 825 in trade and manufactures. Another
cogent proof of the justice of the Corn-laws
We know not what are the Examiner's sufficiently
authentic returns, and we are not immediately con-
cerned to know what the state of things may he
in 1861 ; but we see very clearly that the argu-
ment of the Examiner, admitting its premises,
proves a marvellous improvement in the profits ;of
manufactures, without any corresponding improve-
ment in the profits of agriculture, a result of which
we think the friends of the manufacturers and the
enemies of the agriculturists ought to be the last to
complain. Without, however, looking forward 21
years as to what may be, and what of course must rest
in conjecture, let us look back only nine years. In the
population return for 1831, we find the following en-
tries, among others, for the whole United Kingdom
Engaged in agriculture
110 in manufactures
Do in retail trade, handicrafts, &c 1,466,394
Here, then, we have the persons engaged in agri-
culture as s:x to one of the persons engaged in manu-
factures, and, dividing the retail traders and handi-
craftsmen between them in these proportions, as is
plainly fair, we have, to use round numbers, three millions
and a half engaged in agriculture, or dependent upon
agriculturists, for about seven hundred and fifty thou-
sand engaged in manufactures or dependent up..n ma-
nufacturers. There is not much danger of this pro-
portion being reversed in 1861, except indeed by a re-
peal of the Corn-laws, and even that would only ex-
tinguish the agriculturists without increasing, but greatly
diminishing, the manufactures.
(From the Courier.)
One of the consequences of the pretended amendment
of the Poor-laws is, for instance, the attempted re-
vival of the Income Tax, although that was so ob-
noxious that even the necessities of the State, arising
from a general war, could not render it palatable. By
the Bill now before the House, the Poor-law Commis-
sioriers will be entitled to levy a tax upon the property
which, fluctuating in value, as it necessarily must be, a
tradesman devotes to his peculiar avocations. The tax
on stock in trade must surely open the eyes of our mer-
chants and manufacturers to the tyranny of the Whig
system. At the mere resolution of an arbitrary hue-
sum in imperio, the books of the banker and merchant
may be inspected by the agents of the Whig Commis-
sioners, and what is, perhaps, worse, but most assuredly,
quite as bad, the delicate processes of the manufactur-
ing chemist, and the calico printer and dyer, may be laid
open to the examination and knowledge of persons
whom, except upon compulsion of this kind, they would
refuse to trust. This is an evil which, we presume, it is
sufficient merely to mention, in order to call attention to
the iniquity and impolicy of the Whig measure,
We do not go into the particular enactments at pre-
sent ; if the principle of the Bill be conceded we do not
see how we can well refuse the surrender of its minor
requisitions. The Bill takes away the discretion which
was wisely vested in local authorities to consider and
adjudicate upon the cases of persons which from their
intimate knowledge of the circumstances they are duly
qualified to judge of, and places it in the hands of men
whose only qualification is that they are the obsequious
servants of the Melbourne Administration, which has
bad the modesty to place itself in competition with tha
of a Burleigh.

RIGHT OF MUSIC.AL COMPOSERS

IN FRANCE.

(Abridged from the Gazette des Tribunaux.)
DE BIZEIOT V. LEMOINE AND CO.
The Cour Royale of Paris was occupied on the
Gth, 13th, and 14th of April, with an appeal in
this cause, which was highly interesting to the
. musical world, many of the music-publishers attend-
• ing the Court.
The case was as follows :—Madame Lemoine,
music-publisher, Rue Vivienne, having published
under the name of M. de Beriot " 12 Italian
melodies arranged for the violin, with piano accom-
paniment," and advertised the publication in La
France Musicale, M. de Beriot positively repudi-
ated the work in a letter addressed to that paper,
and his protestation was followed by a summons
before the Tribunal of Commerce, in order that all
the copies and the plates bearing his name might
be suppressed, and that he might receive 20,000 f.
damages. The Tribunal referred to M. Be:hoz,
who stated, in his written opinion, that it appeared
to him impossible that the work in question was
really by M. de Beriot, as it was impossible that an
artist of such high standing, great as his negligence
might be, could allow such fooleries (ridicules
niaiseries) to come from his pen. He said, that if
the English publisher, who brought out the
" rhapsody " in 1836, had really received
from M. de Beriot the right of using his
name, he should produce a written autho-
rity, at the same time expressing it as
his belief that even if M. de Beriot had been
unfortunate enough to write the work,.
and moreover thought it worthy of publication, he
would not have given the property gratis to an Eng-
lish publisher with the certainty of injuring his
friend M. Troupenas, who had always had the first
publication of his works, and that at a very high
price. Hence, although he acquitted Madame Le-
moine of any sinister purpose, from the fact that the
melodies had already been printed at London and
Bonn, he considered that after the formal declara-
tion of M. de Beriot it was perfectly just that Ma.
dame Lemoine should be required to destroy all the
plates and copies which bore the name of M. de
Beriot. The Tribunal, taking into consideration
the right of an author to repudiate all works falsely
published in his name, the circumstance that Le-
moine and Co. could not prove that de Beriot was
the composer, but that, on the contrary, a distin-
guished authority had decided that the work was
unworthy of him, the declaration of M. de Beriot
in La France Musicale, and the spirit of the na-
tional jurisprudence, according to which France
would not deny to foreign composers the right of
repudiating works falsely published in their name,
decreed the suppression of the copies and plate,s,
and damages to the amount of 10,000 f. and costs.
Against this decision of the Tribunal of Coin-
merce Madame Lemoine appealed to the Cour •
Royale.

The counsel for Madame Lemoine contended,
that the question was really between the publishers,
and that Troupenas, not de Beriot, had been the real
plaintiff, that foreign composers had not an exclu-
sive right of property, though they had of disown-
ing works that did not belong to them, and thought
it would be hard to compel the publisher to produce
a written acknowledgment by the author. Reca-
pitulating the facts of the case, he said, that while
de Beriot was in London with Madame Malibran
the twelve melodies under his name were published
by the English house Cocks and Co., and that
there had been two other editions at Bonn and
Mentz, M. de Beriot offering no opposition, nor
even when a fourth edition appeared at Brussels,
where he resided. It was not until the publication
of the work in Paris, that de Beriot, or rather
his usual publisher, Troupenas, took it it into his
head to go to law. After arguing the difficulty of
denying the fact of authorship from the value of
the composition, the counsel produced an affidavit
by Robert Cocks, of the English firm, Cocks and
Co., in which the deponent swore that in 1835 he
published twelve airs, arranged for the flute, with
piano accompaniment by William Forde ; that de
Beriot being asked by deponent whether the airs
could be arranged for the violin, not only answered
in the affirmative, but offered to undertake the ar-
rangement ; and that . in July, 1836, he furnished
the, deponent. an arrangement.
The_ tebtaiself !ferr Beriat' said that the
whole question was, whether he ,had really made
the arrangement.- He contended that the mourn-
ful circumstances. attending the death of his wife,
Madame Malibran, were sufficient to prevent him
from noticing the publication in London ; that in
Belgium the work was but 'little 'circulated ; but
that at Paris he felt the injury severely, chiefly be-
cause " in taste and heart he was a Frenchman."
He then pointed out certain stratagems of Madame
Lemoine, such as printing in very tiny letters the
words " Arranges par," under the word " Melo-
dies," so as to convey an impression that the me-
lodies were actually composed by de Beriot him-
self. Not only had de Beriot not made the ar-
rangement, but he had never authorised the publi-
cation by Cocks and Co. The counsel then read
a letter by de Beriot, in, which he thus explained
the affair in England :—" Mr. Cocks showed me
one day twelve Italian melodies already engraved
for the flute, with a piano accompaniment, and
' asked me if the flute part could be made playable
(jolcalle) for the violin. I cast my eves over it,
and, without attaching the slightest importance to
what I was doing, answered, Yes.' I then made
a few observations. Oh,' said he, do me
the favour of writing them ;' with which request
I was polite enough to comply, never
imagining that Mr. Cocks would make
use of my laisser-aller •to circulate' a work
with the passport of my name. Besides, I never
authorised Mr. Cocks to publish these melodies
under my patronage, of which you will be convinced
when I tell you that I have never tried them on the
violin or piano ; that I do not recollect in what
key they are ; that I could not quote a single
phrase ; and that they might be played in my pre-
sence without my recognising them in the slightest
degree."
The Court, taking into consideration that it was
proved, andj had even been admitted by de Beriot
'himself, that he had made the arrangement, that the
arrangement so made in London at the request of
Cock-s
and Co., was evidently for the purpose of
publication, and that therefore de Beriot might
be considered as having authorized such publica-
tion, that the work had been published in London,
Bonn, Mentz, and Brussels, without
that Madame Lemoine had therefore a right to con-
sider the silence of de Beriot as equal to an acknow-
ledgment ; that she had been at great expense in pro-
curing evidence from England, and that therefore
she ought to be indemnified, annulled the decree of
the Tribunal of Commerce, ordered the restitution
to Madame Lemoine of the sums she had paid in
execution, and sentenced de Beriot to pay 3, 0001.
damages, besides costs

EFFECTS OF JEA LOUSY.---At the Hull Police-
office, en Monday. two young females of respectability, named
sitlary Anne. and Lydia Hewson, were charged with throwing
oil of vitriol over the clothes of Mrs. Louisa Cherry the wife
of Mr. Septimns Cherry, of Prospect-street. From the evi-
dence of Mrs. Cherry it appeared that Miss Lydia Hewson had
once received the attentions of Mr. Cherry, who had afterwards
married her (the complainant) ; this fact had raised the anger
and jealousy of the defendants, who had hit upon the expedient
of throwing the vitriol over her in revenge, her bonnet, cape,
cap, and gown, were quite burnt through, and her neck eas
also burned, but she would not press the latter charge. The
young ladies made no defence, and the magistrate, after expa-
tiating up{ n the bad feeling they had shown, and upon the leniency
of the complainant in not pressing the charge !of assault, sent-
enced them to pay the full value of the articles damaged and
costs, or to be imprisoned in the House of Correction for three
months each.— Hull paper.
THE CONDEMNED PRISONER IN FLINT
Gwor..—No order has been received for the execution of Ed-
ward Jones, the unhappy man, who at the late Flintshire As-
sizes, was convicted of and condemned to death for the murder
of David Evans, the gamekeeper. A petition to the Queen has
.been originated, praying for a commutation of sentence : and
it has received the signatures of several highly respectable
parties at Northop. It was to be transmitted to the Hon. E.
M. L. Mostrn, in London, in order that it may be presented
is the Marquis of Normanby' without delay.—Shrewsbury
Chronicle.