The Sun.
London, England, 1847-11-29 00:00:00

.- o v,

LONDON, MONDAY, NOVEMBER 29, 1847.

We regard with no small degree of astonishment
the opposition raised on Friday evening to the propo-
sition of Sir JOHN PANINGTON, that orders of the day
should have precedence over motions until the Christ-
mas vacation. Supposing the present was the com-
mencement of an ordinary.session, the objections made
to the suggestion of the lion. Baronet might be con-
sidered as reasonable ; but, remembering that Parlia-
ment has been prematurely called together, in conse-
quence of the embarrassed state of tte country, it does
appear to us something extraordinary that the motion
of Sir JOHN FAX should be declared to have
an unconstitutional tendency. The effect of this mo-
tion would be simply—to afford an opportunity to
the Government during an interval of five or six
weeks to carry their schemes into operation, by
giving orders of the day precedence over motions on
Tuesa-iys and Thursdays. Yet the bare proposition
of sisch a rational arrangement is scouted as
an it Sringement upon the Constitution. In
supp ort of this extravagant view, Mr.
ilm-raas observed, that "In the House of
Commons; Ministers were only known as Members of
Parliament ;" but he omitted to remark, at the same
time, Vint Ministers were responsible, not merely to
that House but to the entire Legislature, and the
country at large, for the maintenance of public order,
and the amelioration of the national miseries. It is,
moreover, because the miseries of the people are just
now of s peculiar multiplicity that the Imperial Par-
liament has been called together before the customary
period for the purpose of enabling the Administration
to lay bef ,re the two Houses the different plans by
'which her MAJESTY'S advisers propose to afford as-
sistance to the empire in its necessities. Ii it not,
then, reasoFnable that Sir JOHN PAKINGTON should
demand of the popular representatives such a slight
co-operation with the Cabinet in its present accession
of embarrassments as would be implied by giving
precedence to orders of the day over motions on all
Tuesdays anti Thursdays until the Christmas ho-
lidays?

That comea preference shouldmci
m be accorded to the
matured
practical schemes of the Government,
over the idle and
tdesultory. motions of Hon. Mem-
bers, we butcannotthath
lnk most rational. It is pre-
posterous to argue
such a preference would lse
an unconstitutional concession to the Ministry, be-
cause Min isters are onlyin the House as
Members of Parliament, recognisedr lotecause all Members
of Parliament are considered
equal
right to bring forward their propositions. pP"ses3 an
must he
this argumen.t can be regarded °a:sitli."s* Before
sh own that all Members of Parliament are it
swerstble to the people for the condition oafßretebeaeolliUlkeniatned.
Kingdoms and their dependencies.
that the responsibilities of office are remark-
able- able- -that those responsibilities are so peculiarly ikn--
craasvd at this moment, that Parliament has been
sun Imoned to meet long before the usual period of
ass snbling, and that the motion of Sir JOHN
PAVINGTO3I was simply for affording the proposals
of tl ie C,ibinet precedence over the idle crotchets of
those MeLnbers who are not individually answerable
for the gov eminent of the country, and that prece-
dence to be restricted to some ten or twelve days
niilY— -we cannot but view with astonishment the
course pursued towards the Hon. Baronet by Mr.
13.samz
_anad Mr: Hoag. One would imagine, from
the
lauthat
4648111.0 t those Honourable Representatives,
RAKINGTON Was advocating the con-

• ference upon Lord JouN RUSSELL of a temporary
dictatorship. "It was hardly possible to conceive a
more extraordinary proposition," said Mr. BANKES,
" than one which, at the commencement of the ses-
sion, would throw the whole business of Parliament
into the hands of the Government." What ! does
Mr. BAN/ES seriously call the granting of a prece-
dence to orders of the day on all Tuesdays and
Thursdays until Christmas the concentration of the
whole business of Parliament in the hands of the
Government ? The idea is ridiculous. Again,
listen to Mr. Hums :—"A more unconstitutional
proposition than one which would leave Ministers at
liberty to introduce only what measures they might
please to bring forward, and tie up the hands of every
other Member of the House, was never broached in
Parliament." As if Members of the Lower House
only had hands on Tuesdays or Thursdays, or as if
the Tuesdays and Thursdays between this and
Christmas constituted the whole of a Par-
liamentary session I Why, if we were to
regard the proposition made on Friday evening
solely through the observations of Messrs. B,►stxEs
and Hums, we should consider Sir JOHN PA&INGTON
as guilty of some high and enormous misdemeanour.
Instead of which it is most certain that the motion of
that Hon. Baronet originated in his solicitude to for •
ward the interests of the community by diminishing
the obstructions which already impedes the movements
of the supreme Government. Under the existing
arrangement, however, the most silly schemes of the
least enlightened representatives will be allowed the
same opportunity as the deliberate policy of our
most distinguished statesmen.

The trial of HAUSMAN, the engineer of the Cricket
steamer at the time of the melancholy accident of the
27th of August last, took place on Friday, and has
terminated in his conviction on a charge of man-
slaughter. The jury accompanied their verdict by a
recommendation to the merciful consideration of the
Court for the following reasons, viz. :—That the com-
pany to whom the boat belonged had net given him
proper instructions, and had not employed properly
qualified persons to act as engineers. Now we con-
fess we do not quite understand the reasons for this
addendum, nor can we concur in its propriety. The
only grounds on which Haismax could be convicted
were, either that he had taken upon himself duties
which he was incompetent to discharge, and that the
explosion had occurred in consequence of his igno-
rance, or that, being duly qualified, he had not exhi-
bited sufficient care and attention, and that it had been
the result of his negligence. Had it arisen from the
defective quality of the machinery, or anything not
immediately under his control, or within the sphere
of his duties, he should have been acquitted of the
charge. The jury, by their recommendation, proved
that in their opinion the accident was ascribable to
the former cause—that it was owing to his ignorance
and not to his negligence. Now, with respect to his
want of qualification, we cannot find one particle of
evidence to warrant that assumption ; indeed it is
in direCt opposition to the testimony which was
brought forward in the inquiry which took place
before the Coroner. It then appeared, that previously
to his being taken into the employment of the pro-
prietors of the halfpenny boats, he had considerable
experience in other steam-boats, and that immedi-
ately before his engagement by Mr. SMITH, he had
worked for the Citizen Steam-boat Company, and that
he bore an excellent character as a competent and
careful man. His wages, too, were 2/. ss. per
week, and not 305., as erroneously stated (no doubt
under a mistake) by the talented advocate who so
ably defended the prisoner : this we believe fully
equal to the wages usually paid to persons in that
station, Mr. SMITH having sworn at the inquest
that the men engaged " were superior men, paid
from 15 to 20 per cent. higher than any on the
river."

We are equally at a loss to discover what reasons
there were to suppose that no proper instructions
were given for his guidance ; indeed there was a total
absence of any evidence on the subject. The proprie-
tors or managers of the company might have been
examined on the point if it was thought desira-
ble or necessary, but such was not the case.
Before the Coroner it appeared that Mr. SMITH was
in the daily habit of travelling by the boats, and per-
sonally superintending the mode in which they were
managed. He himself, on oath, said, " I have been
constantly on board, hoping by my presence to keep
parties steadily to their duty." This fact was quite
at variance with the supposition "that no proper in-
structions had been given ;" indeed, on the only point
in which any evidence whatsoever respecting " in-
structions " was before either jury, it was proved
that MEECHAM, the superintending engineer and
foreman to Mr. JOYCE, had reprobated in the
strongest manner the tying down of the valves, and
that CLARKE, when interrogated on the subject by
Mr. SMITH had positively denied that any such thing
had taken place, indignantly asking if it was thought
that" He was mad?" with which denial Mr. SMITH, who
to use his own language, " Never conceived that
such a thing could have been done," was perfectly
satisfied.

We are quite aware that these points were not
brought before the jury at the Central Criminal Court,
and that they were bound to return their verdict
solely on the evidence adduced before them, but they
show that the jury were in error in forming the conclu-
sions at which they guessed, and also the impropriety
of casting a severe censure, and thereby inflicting a
serious injury, upon parties who were not before
them, and who had no opportunity of being heard in
their own defence, or of establishing by positive proof
the utter groundlessness of the charge—an error,
against which the Learned Chief Justice, in his lucid
address, emphatically warned them when he said, that
"of the conduct of any other parties who were not
there to defend themselves nothing ought to be said ;"
and yet, in direct opposition to that prudent caution,
and with the knowledge that it was the duty of the
talented advocate who appeared on behalf of the pri-
soner to exonerate him, if possible, by shifting the
blame to others, to ascribe the accident to the defects
of the machinery or to any other cause for which his
client was not responsible, the gentlemen of the
jury travelled out of their course to throw unmerited
odium upon the proprietors who had already sus-
tained a heavy loss. It was evident that the Learned
Judge did not agree with them therein, for, in
passing the sentence of two months' imprisonment,
without hard labour, he told the prisoner " there
could be no doubt that although he had not wilfully
intended to commit the mischief, yet that by his
neglecting to turn off the steam on arriving at the end of
his journey, he had caused the death of the
young man. This at least was conclusive,
that Lord DENMAN did not ascribe the melancholy
event either to ignorance or the want of proper in-
structions, but to the neglect of the plain and simple
rule of letting the steam blow off when the engine
was not working.

Let it not fora moment be supposed that we are
anxious to screen Mr. SMITH, or the other proprie-
tors, from the consequences of any misconduct that
can fairly be charged against them. They have
already sustained a heavy pecuniary loss. They are
civilly reponsible for any damages that may have
been incurred by any person, either through their
default or that of any of their servants. The liabi-
lities are sufficiently onerous -without any undue
prejudice being excited. No persons can be more
alive than ourselves to the necessity of enforcing
every possible precaution where the safety of any
human beings are at stake, or who would
more stringently enforce the utmost care in the
management of a dangerous agent placed under the
control of any person or persons. Let those who
neglect the duties they assume be made in every re-
spect amenable to the law. But there is a danger
which must not be lost sight of in a commercial
country, and to which the casting of unmerited re-
proach on persons like Mr. SMITH may lead—viz.,
the staying the progress of improvement, and pre-
venting useful inventions from being brought for-
ward, by deterring men of wealth and respecta-
bility from embarking their capital therein.
HT Deeply
as the loss of such a man
as WILL
must be deplored, it would have beeniAam stil.7lsKissoN
greater
calamity to the nation if his melancholy
Prevented the construction of any further railway,
had
and compelled the public to remain contented
1 with the former means of transit, and
1
them of the rapidity, cheapness
deprived
numerous accidents which have
and (despite the from
the best managed lines
time to time occurred on even f

we will say,) the safety of being conveyed by locomo-
tives. We have already in the beginning of the pre-
sent month pointed out the benefits which the inha-
bitants of the metropolis have derived from Mr.
SMITH'S speculation and enterprise not only in
affording them an economical and speedy mode of
conveyance, but in leading to a general reduction of
the fares both of omnibuses and steam-boats--and these
ameliorations should not be forgotten by persons re-
flecting on the fatal explosion on board the " Cricket
steamer."

Letters from Bale of the 25th announce the uncon•
ditional surrender of Lucerne, after the defeat of the
troops of the Sonderbund in several severe actions.
The President of the Vorort, on the 24th, received
the following dispatch from General DUFOUR, dated
Head. quarters, Sins (a league distant from Lucerne),
Nov. 23d :

" The Federal troops, after an obstinate engage-
ment, have succeeded in carrying the principal posi-
tion of the enemy at the bridge of Gislikon. The
4th division and the artillery of reserve distinguished
themselves in this attack. A battery of Soleure
manfully held its ground, notwithstanding the dis-
advantages of the position it was obliged to assume,
in order to batter the fortifications of Gislikon. Two
pieces were dismounted by our artillery. The bridge
was carried at four o'clock P.M. and at night our
troops established their camp in advance of Roth, on
the side of Lucerne, and on an elevated point of the
Rothenberg.

" I have received no reports from the commaniers
of the other divisions. I was, however, ♦erbally
informed that the 6th division, which was to have
()prated against Aleyf rs Capell, on the other side of
the Rothenberg, had gained a position contiguous to
Lucerne. If this be the case, the attack has followed
the course I anticipated.
" We have a great number of wounded, but com-
paratively few killed. lam not able to forward you
the return of our casualties.

" A few houses were unfortunately burned, either
by the shells or in revenge. The Lucerne troops are
said to have committed these acts of outrage."

The Swiss Messenger, of the 24th instant, an-
nounces that the troops of the Sonderbund having
been beaten on the preceding day had dispersed.
Those of the primitive cantons had returned home.
In the afternoon a deputation from Lucerne arrived
at General Duromes head-quarters at Sins, and
demanded to capitulate. General Duroua replied
that it was too late, and demanded an unconditional
surrender, which was agreed to ; and the Federal
troops immediately afterwards took possession of
Lucerne.

A letter, dated Zoffingen, of Wednesday night,
says—

" I have this moment received the news that this
morning, at ten o'clock, Lucerne surrendered, and
that its garrison was disarmed. The Federal troops
are at this moment in the town, Seigvart Muller
has escaped. Amman and Salis have been taken."
Some idea of the obstinaey of the contest may be
formed from the statements contained in the follow-
ing extfact from a letter, dated Aarau, Nov. 24,
7 P.M.

" I have seen Mr. -, who has just returned
from the head-quarters of General Dufour, at Sins,
carrying the news to Mr. Peel, at Berne, that the
Federal army, after an obstinate resistance, had
taken near the bridge of Gislikon, at the point of the
bayonet, the height called Rothenberg, which was
fortified with several batteries of cannon, which the
Lucernese were obliged to leave in the hands of the
troops. On both sides the contest was conducted in
a manner worthy► of the old reputation of the Swiss
nation. In the convent of Muri there are eighty
wounded and twenty killed of the Federal force."
It was rumoured at Bale that Schwyts had surren-
dered to the Federal troops.

Lord MINTO had two long interviews with the
POPE on the 11th and the 12th instant. The eele-
brated Tribune CICEZONACCIIIO had paid his Lord-
ship a long visit.
King CIABLES ALIaRT has, at the request of the
Grand Duke of TUSCANY, undertaken the arrange-
ment of the affairs of Fivvizaano. His MAJESTY
has signified to the Duke of MODENA. that he will not
allow foreign troops to interfere in the matter.

Madrid papers of the 20th and 22d have arrived.
Senor SALAMANCA appeared in the Chamber of
Deputies on the ROth, and supported the motion
for the production of the papers relating to
his conduct as Minister, which he contended had
been perfectly honourable and straightforward in
every respect, and the responsibility of which
he accepted. His speech is admitted, even by
his bitterest opponents, to have been an exceed-
ingly able one. The discussion on the Address
was expected to commence on the 24th. General
SERRANO has arrived at Grenada, and assumed the
government of the province. General Pant has
arrived at Cadiz, from whence he embarks for Puerto
Rico. General MANUEL DB LA CONCHA has refused
the embassy to Paris. It is said that the draft of
the Address, as drawn up by the Committee, contains
the following passage censuring the policy of the late
Ministry :

" The congress of deputies, in placing on this solemn
occasion the reverential expression of its desires and
sentiments at the foot of your Majesty's throne, can-
not refrain from congratulating itself with your Ma-
jesty and the whole nation on the fortunate direction,
which since the accession of the present Cabinet, the
management of public affairs has taken. Thanks to
the lofty foresight and the maternal solicitude of
your Majesty, a timely atop was put to the evils
arising from that fatal policy which would have made
a regular system of trampling under foot all prin-
ciple."

The murder of s servant maid in the palace of
Queen CHRISTINA, an account of which will be found
in another column, was the subject of every conver-
sation.

MADRID BOLeA, Nov. 22.—The Three per Cents. were
done at 26 13-16ths at 50 days ; the Five per Cents.,
at 15i, the Debt without Interest, at 41 for paper ;
and the Coupons at, 14.

We have received the Paris papers of Friday and
Saturday.
Those of Friday are principally filled with com-
ments and prophecies relating to Swiss affairs.
Their interest, however, is considerably lessened by
an announcement in the papers of Saturday, that the
Government on Friday night had received a tele-
graphic dispatch from the Prefect of Besangon, an-
nouncing that on the 24th the Federal troops made
a general attack upon the positions defending Lucerne,
carried them after an obstinate engagement, and that
the city afterwards surrendered unconditionally to
General Durouz.

The following remarks in the Constitutionnel
seem to hare been written in anticipation of this
•vent :

" Events in Switzerland continue their march. Out
of the seven cantons, two, Friburg and Zug, have
made their submission, almost without a blow—so
little popular at this moment is the cause of the Jesuits
and absolutism. Lucerne is now attacked on all sides,
and the Sonderbund may completely dissolve itself be-
fore the Conference at London is assembled. Certain
it is that every day that passes by, every piece of news
that is published, necessarily makes a change in the
character and cbject of this Congress, which does notyet
exist. The first and true protocols are the bulletins of
General Dufour, whatever may be the result. M.
Guisot has taken ample measures for its being truly
averred in Europe that he is the abettor of counter-
revolution. He began by violating the rights of
nations towards the Helvetic Confederation, by sur-
reptitiously sending arms and ammunition to the
revolted party, and by openly declaring his penchant,
his preference, his sympathy, for the insurrection.
Every day he causes to be insulted the Government
elected by an immense majority of the cantons. He
hoped that civil war, fomented and sustained by him,
would long steep Switzerland in blood, sparing for
this 'noble purpose neither muskets nor cannon. He
would then have cried aloud in the name of humanity,
that a European intervention was indispensable.
Friburg having yielded without a battle, M. Guizot
has shown his spite by withdrawing his ambassadors,
who, moreover, was surprised, flagrance delicto, in
committing the offence of intervention. In truth,
Austria herself has shown an exemplary reserve
and moderation towards Switzerland in comparison
to. M. Guisot What an admirable mediator he is 1"

The Ministerial journals are in a perfect paroxysm
of fury with the Liberal Government of Friburg
for expelling the Jesuits. How comes it, since the
Jesuits are such peaceful, virtuous, and worthy per-
sonages, that M. GUIZOT does not, as Minister of
France, venture to give them refuge in that country,
and at the same time propose to the Chambers to re-
peal the laws at present existing against them ?
To be, Consistent he should do this, unless,
indeed, hi contends that those who are too bad for
France are quite good enough for Switzerland.
It would appear as if M. GUIZOT bad quite given
himself up to be the
mere instrument of the parti