The Sun.
London, England, 1847-03-16 00:00:00

THE SUN, LONDON, USDA' EVENINGS MARCH l6, 1641,

need all Assistance from the property of the landlord,
because, forsooth, it would be injurious to the imme-
diate interests of the latter ? That is apply-
ing to the Irish proprietary the principle which
Lord BYRON has christened "regal blasphemy"—
it is giving them the fee simple of their es-
tates by " right divine." Now we have seen the
medallion—let us look at the intaglio. The favourite
aphorism of COWPER, that " GOD made the
country and man made the town," is not one jot more
truthful than that the landlords are only the trustees
of the tenantry, inasmuch as the produce of the land
is the property of the people. In periods of pros-
perity the peasantry is nourished by the wages re-
ceived for the cultivation of the soil, and the surplus
capital realised directly by the crops, or indirectly by
the crops through the rental, is ensured by the State to
the landlord, as a recompense for the faithful dis-
charge of his duties as a guardian of the poor, as a
promoter of local industry, and as a representative
and agent of the Government in a certain divi-
sion of the empire. Whenever a proprietor fails
in the performance of the duties enjoined upon
him by this tacit compact,his right of
possession has virtually evaporated. It is a sacred
part of this mutual agreement, that in moments when
the tenantry and peasantry are reduced to a state of
pauperism by the accidents of vegetation, that
' they shall receive from the surplus coming
to the landlord a modicum sufficient to prevent
their death by inanition. And the poor-law is the in-
strument by which this principle is enforced. Now,
in the present destitution of Ireland, Government has
generously relieved the proprietary from the first
onus of the duty of succouring the population. After
a certain time of preparation has elapsed the Legisla-
ture is called upon by the Ministry to stimulate the
memories of the Irish landlords to a recollection
of the conditions upon which alone they are entrusted
with the land—to compel them, in short, to fulfil one
of the foremost and most rational and most necessary
of those conditions. At this announcement the Irish
proprietary are indignant—qiy are altogether averse
to the system of givihg relief to able bodied labourers.
This remonstrance has not even the credit of being
enunciated adcaptandum vu/gus.

In a great trading community there is nothing of
more vital importance to the public generally than
that due and fitting provisions should be made with
regard to the manner in which payment of debts may
be enforced, so that every facility should be given to
creditors to compel those who have the ability, but
not the will, to liquidate their responsibilities, while,
on the other hand, every assistance should be afforded,
and indulgence given, to the honest but unfortunate
debtor, who is willing to surrender all his property
for distribution amongst those who have just and
equitable claims upon him, and who has not been
guilty of any fraud or unfair dealing in the manner
in which his debts were contracted. It is really asto-
nishing that matters should so long have been con-
ducted on false principles in England, essentially a
commercial nation ; and even to this day the entire
bankrupt and insolvent code is susceptible of vast
improvements, which, if adapted, would prove
equally beneficial to all parties—as well to the cre-
ditor as to the eebtor. Much has already been
effected, but much remains still to be done. Every
step that has been taken of late years has been
in the right direction, the errors and mistakes Of
former years have had remedies gradually applied,
and we may hope speedily to see the law of debtor
and creditor brought to as great a state of perfection
as can be hoped ler in any merely human code. It is,
perhaps, well that the ameliorations in the law have
been brought forward with such precautions as not
to shock the prejudices of any whose interests were
involved. it would be next to impossible at once to
build up a system that would suit every interest.
Even were it desirable in itself, it would prove in-
jurious if the public mind was not duly prepared for
its reception. "Festina lente" is a maxim that must
continually be borne in mind by legal reformers ; and
in no department of the law must greater caution be
used in effecting changes than in that to which we are
alluding. The test of experience must be applied to
the mode of wos king of every former provision. Its
advantages and abuses must be fully weighed and
maturely considered before any change is proposed.
The opinions of those who, from their positions, are
competent to form a correct judgment on the proposed
alterations, must he taken as to the defects and defi-
ciencies of the new enactments, and the probability
of "their working well, so as practically to attain the
desired object. The new measure introduced by
Lord BROUGHAM to the House of Lords, and which
received its first reading on Thursday last, appears to
have had every possible care and precaution bestowed
upon it. It has been substituted for the former mea-
sure of that Noble and Learned Lord, who very pro-
perly sent a copy thereof to every Commissioner in
the country, and embodied in the present Bill the several
alterations suggested by those learned gentlemen.
Lord BROUGHAM has long held a prominent posi-
tion among legal reformers, and entitled himself to
the marked thanks of the community for the great
and beneficial changes he has effected, but in no re-
spect has he merited greater approbation than in the
present instance.

The present Bill abolishes the jurisdiction given to
the Court of Baiikruptcy and the district courts in
insolvency, under the sth and 6th Vic., cap. 116, and
7th and Bth Vic., cap. 96, and transfers that juris-
diction to the Insolvent Debtors' Court and the
judges appointed under the Small Debts Act of last
session, but that jurisdiction is to remain in force as
to petitions now depending. From the time of the
passing of the Act all persons who shall have resided
in any of the metropolitan counties—Middlesex,
Hertford, Kent, Surrey, Sussex, or Essex—for six
calendar months, are to be within the jurisdiction of
the Insolvent Court, and, in other cases, of the
judge of the Small Debts Court within
whose district the insolvent shall have re-
sided for a like time. It is not stated
within what period previous to the filing of the peti-
tion that residence must have been, but it is plam
that the party must have been resident for six calen-
dar months within the district before his petition can
be entertained. The Acts now about to be amended
required residence for twelve months immediately
preceding the petition. The chief feature in the new
measure is, that every insolvent, whether possessed of
any property or otherwise, who has resided
within the jurisdiction for the period aforesaid,
may file his petition, and the court or such judge
is thereupon entitled forthwith to grant him an ifs-
terim order protecting him from arrest ; or if he
should be in custody at the time in execution, to
order his discharge on receiving an undertaking in
writing from the insolvent to attend the court on the
day appointed for his first examination, and on every
sitting day held in the matter of his petition, or at
any other time when -required by the court or judge
so to do ; and every wilful breach of such undertaking
is to be a misdemeanour, punishable by impri-
sonment, with or without hard labour. The court
or judge may at any time suspend or withdraw
this protection and ::gain renew or suspend it at their
or his pleasure. This is a just and humane provi-
sion, and prevents the possibility of any person being
imprisoned to gratify the malevolence of a vindictive
creditor, unless his conduct shall appear to the satis-
faction of the court to be worthy of punishment.
Our space prevents us from concluding our obser-
vations this day. We shall resume the subject to-
morrow.

We published on Saturday, in extenso, a letter

upon the Government Education scheme, written
by Mr. ROBERT ECKETT, and addressed by him, on
behalf of the Committee of Privileges, to ministers of
the Wesleyan Association ; also the form of petition
recommended to be numerously signed by every con-
gregation over which they presided; and likewise
the letter of Dr. KAY SIIIITTLEWORTII to Mr.
ECKETT, penned with the view of convincing this
gentleman and the Committee of Privileges that the
opinion they had formed of the nature of the plan
and of the intentions of the Government in respect to
education was completely erroneous. It is impos-
sible to suppose that any acting body of so influential
and highly respectable a class of religionists as the
Wesleyans could condescend to misrepresentation;
but the documents before us afford a striking instance
of how men's judgments may become perverted by
looking at anything through a false medium. In the
present case, the bite noir of the Wesleyans has been
Government interference and patronage in matters

ecclesiastical or educational ; and so strong a hold
ha the apprehension of such a result taken of their
minds, as apparently to have disabled them from dis-
passionately and calmly deliberating upon any scheme
that might be propounded for the intellectual culture
of the people. Who on earth could form a fair
opinion of the Government scheme from the repre-
sentation that "it will most extensively and dan-
gerously increase the patronage and power of the
Government and of the clergy of the Established
Church, by making the instructors of the masses of
the youthful population dependent upon the Govern-
ment for stipends, premiums, and pensions, and on
the clergy of the Establishment for certificates of
satisfactory conduct to enable them to obtain such
payments ?" Yet such is the actual description given
of the plan in the body of the petition, which nume-
rous congregation are to be invited to sign. The
description is erroneous in every particular. This is
rendered manifest in the able, temperate, and con-
clusive letter of Dr. SHUTTLEWORTH, who establishes
that the proceedings of the Committee of Council on
Education have been strictly in keeping with the
principles and remarks which we put forward on this
subject on Friday last. The letter of Dr. SHUTTLE-
WORTH comes most seasonably before the public. It
will serve to disarm suspicion and dissipate error.
It will prove that, by the plan proposed, civil and re-
ligious liberty will not be " insidiously assailed," and
that it is not to be apprehended that "the principles of bi-
gotry and hostility against all classes of Dissenters, and
of slavish subserviency to every measure of Govern-
ment or of the State Church, will be strongly incul-
cated on the ris.ng generation." What is the hinge
upon which the hostility of the Rev. Mr. ECRETT to
the educational scheme turns ? As he alleges, it is this
—before making any grants to Dissenting schools,
Government insist upon appointing an inspector, who
shall be approved of by an archbishop. But Govern-
ment not only do no such thing, but never have done
it. In ChurZA of England schools, and in them
only, the approval of an archbishop to the inspector
has been rendered requisite to their nomination. All
the other inspectors have been elected without
clerical sanction, and they never interfere (unless
especially invited) in religious matters where the
establishments they visit differ either in doctrine or
form from the Church of the State. It is by their
scrupulous adherence to the maintenance of this
principle of non-interference that the Council of
Education have secured to themselves so large a
share of public confidence. The premiums, pensions,
&c., will be equally open to all classes; and we hope
the Wesleyans and other sects will avail themselves
of the advantage of the proposed system. There can
be nothing objectionable in public patronage, humble
as it will be in its character, being bestowed upon
those who do justice to the education for which the
public funds are being liberally allocated.

The Nuremburg Correspondent publishes a letter
from Munich, of the Bth inst., which states, that on
the preceding night the King of BAVARIA visited the
theatre, where he was received with the most en-
thusiastic applause. His MAJESTY appeared to be
much affected at this demonstration. It is said that
the KING has given orders to his representative at the
Germanic Diet to support the representatives of
Wurtemburg and Baden in their applications to extend
the liberty of the press in Germany.

Intelligence has been received from Lisbon to the
10th, and from Oporto to the 11th inst., by the Pe-
ninsular and Oriental Company's steam-ship Montrose.
SALDANHA still continues at Oliveira de Azemis, four
leagues from Oporto. PovoAs, the Miguelite Gene-
ral, has arrived at Oporto, and has been received in
the most distinguished manner by DAs ANTAS and
SA DA BANDEIRA. On the 25th ult. DAs ANTAS
reviewed the garrison of Oporto, amounting to 6,000
men.

The blockade of the Douro is strictly enforced.
The English merchant• ships, the Emma Graham, the
Laura, the Lusitania, and the Wilberforce, all
freighted with wine, were captured by the brig of
war Sera di Polar, and sent to Lisbon for adjudica-
tion. It is, however, said that they are not lawful
prizes, as no information of the final and efficient
blockade had been transmitted to the Consul at
Oporto.

The QUEEN'S troops on the 26th ultimo captured
Almeida, which surrendered on terms without firing
a shot. The only force in the town was the
movable battalion of Almeida. The capture of
Almeida frees the district of Guarda from insurgents.
A meeting of the shareholders in the Bank of
Portugal was held at Lisbon on the 9th, and the
following resolutions were adopted
1. That the Bank will cancel 50 contos per month of its
notes, on condition that Government pay a monthly sum of
39 contos by way of liquidating its debt with the Bank.
"2. That from the Ist of April all payments shall be
made, half in
paper, the rest in specie."
The "suspensionf of guarantees" for another
month has been renewed. Count TOJAL has, in
consequence of the arrears due to the State employs,
subjected them from the Ist February to a deduction
ahas also
ndfiveper cent. instead of two
caused the Junta of Public
Credit
ciinsecurity, and has fixed the re-
lative affixlle a
its steel to Bank of Lisbon notes, with
adoefvc view
valuesweasto. tdogreater e
of the native and foreign coins now in
circulation.

The Bank of Portugal published, according to
stipulation, the following statement of its condition
on the 27th of February :—Notes of the Bank of
Portugal in circulation (none); Deposits, 797,305
873 ; Money in metal, 162,940 562 ; Gold and
silver in bars, 5,014 506. Exchange, 52f to a ;
Bank Shares, 300 to 320; Five per Cent. Inscrip-
tion, 45-i to 46 ; Four per Cent. Inscription, 45i to
46; Discount on Notes, 1,600 last night; price this
morning, 1,500.

refused
to
accept the resignation
ofthehe
General PAVIA had been Madrid papers of the Bth have arrived.
T
ap-
pointed to supersede General BRETON in Catalonia.
QUEEN
Ministers,
and
It was rumoured that the QUEEN bad consented
to the appointment of General MANUEL CONCHA. as
Captain-General of Old Castile, and that he would
also assume the command of the army of observation
on the frontiers of Portugal.
Senor ISTURITZ accompanies Queen CHRISTINA to
Paris, doubtless to receive his instructions before pro-
ceeding to London.
Masten BOLSA, MAR= B.—The Three per Cents. closed
on the Bth inst. at 30% for cash; the Five per Cents. at
19'4 cash; the Passives at 5% ; and Coupons at 17, cash.

a doubt but that M. LHERBETTE is right.
1 Louts PRILIPPE is endeavouring to restore every-
thing in France as it was before 1830, everything
save the dynasty.
There still remains to be obtained a quantity of
foreign corn, equal to seventeen days' consumption,
or 340,000 tons, to provide for the food of the people
until the next harvest. The following observations
from a letter, addressed by the Mayor of Rennes to
the Echo Agricole, are worthy the attention of those
who find fault with our own Government for not in-
terfering with the corn trade :—" It is no doubt
praiseworthy," says this letter, " for the authorities
of a town or district to associate and advance money
to purchase and import foreign corn to keep down
the markets, but, unfortunately, such measures pro-
duce alarm and consequent hoarding, and thus defeat
the intended object."
Queen CHRISTINA has arrived in Paris.
We find the following in the Union Monarchique :
" We are assured tha, Count Beeson, who is at present in
Paris, has declared to the Government that he is firmly re-
solved not to return to Madrid. The repented requests of
M. Guizot, and even 01 a still more influential person, have
not succeeded in overcoming Count bressoit's determination.
This resolution causes at this moment the more embarrass-
ment to the Government, as Count Bresson insists on the
performance of the promise formerly made to him of the
embassy to Rome or to Vienna."
The Funds remained stationary in Paris on Sunday. The
attendance of wtteculators at the Passage de 190pera was im-
mense, but so nicely balanced were hopes and fears that none
ventured on a sale or a purchase.
The Three per Cents., 77f. 70c.
LYONS, MAZCH 12.--Paris and Rouen, 868 f. 75c. ; Avig-
non and Marseilles, 822 f. 50c.; Northern, 627 f. 50c.; Paris
and Lyons, 4861. 25c.
BUSINESS DONE IN FOREIGN RAILWAYS AT MC
LONDON STOCK EXCHANtIE, ILoccu 15.
Boulogne and Amiens, 13%—Outch Rhenish, 4 —Namur and
Liege, 04—Northern of France, 12%—Orleans and Bordeaux, G%
—Paris and Lyons, 04—Rouen and Havre, 26 —West Flan-
ders, 2%.

VICE-CHANCERY.-(THIS DAY.)
(Before the VICE-CIIANCHLLOR of ENGLAND.)
BIRCH V. JAY.
The arguments in this cause were resumed to .day.
(Before Sir J. WIGRAM.)
HUMBLE V. SHORE.
This case turned upon the construction of a will, the tes-
tatrix divided her estate into six parts, one of which she lett
to Sarah Whittaker; but by.a codicil to her will she re-
voked this legacy, and the question at issue was as to its
disposition.
His HONOUR delivered judgment to-day, and decided that
the intention of the testatrix, though the will was ambigu-
ously worded, was that this sixth of her estate should be
given to the other legatees. He was also of opinion that the
tenant for life was not entitled to any interest during the first
year.

MARLBRO'-STREET-(THIS DAY.)
Edward Bunney, landlord of the Fitzroy Arms, Clipstone-
street, was placed in the duck before Mr. Bingham, charged,
with violently assaulting Bennet Endean, on the 10th inst.,
by striking him on the head with a mallet, whereby his life
is despaired of.
_

It appeared that, in consequence of information received
on the previous afternoon, from Sergeant Park, of the
E division, that a man was in the Middlesex Hospital,
who had been taken there on Wednesday last, in a very
precarious state, from injuries inflicted by his master, Mr.
Bingham, accompanied by the second clerk, and Smith, the
usher, proceeded to the above hospital, to take the injured
man's depositions, who stated that his name was Bennet
Endear)' and that he was potmau in the employ of the pri-
soner. On IVednesday last deponent was in the tap-room,
between three and four o'clock iti the afternoon. The pri-
soner came in, and told him that he had taken too much
drink, and cautioned him against drinking with the
men. Deponent said he had not been drinking,
and followed the prisoner to the bar, and asked
him to pay him his wages, and he would leave.
The prisoner refused to do so, and after a few words, he took
up a wooden mallet, and struck him a violent blow on the
head. He recollected nothing further.
Police-constable, 105 E, stated that between three and four
o'clock on the afternoon of Wednesday last he was on duty
in Clipstone-street, when a person met him, and informed him
that the prisoner had struck his potboy on the head with a
mallet. lie proceeded to the Fitzroy Arms, and saw the
potman in the front of the bar, bleeding from a severe wound
in the head. Dr. Weeks came, and after dressing his head,
recommended his immediate removal to the hospital, where
he now remains in a very precarious state.
Police-constable, E 111, said he was on duty in Clipstone-
street, The prisoner, on his informing him that he must
consider himself in custody, replied that he was very sorry
indeed for what he bad done. He then took him to the sta-
tion. He produced the surgeon's certificate, which stated
that " Bennet Endean was suffering from erysipelas, in con-
sequence of a severe wound in the head, and at present was
in a dangerous state."

Mr. fownst.nd, the prisoner's solicitor, applied to have the
prisoner admitted to bail, but

Mr. BINGHAM said, that at present the charge bore too
serious au aspect to do that. He should therefore remand
him for a week.

PROTEST of POLISH EMIGRANTS
AGAINST THE TREATY OF VIENNA.

We have received a communication from Mr. V. 0.
Zienkiewicz, the chairman, and Mr. J. Wellman, the
secretary of a public meeting of Polish emigrants, held
on the 6th of March, at 41, King-street, Snow-hill, ut
which the Poles present, lest their silence should be
construed into an acquiescence in the views adopted IV
some of the speakers at the meeting at Freemasons'
Hall (viz., that the treaty of Vienna was binding on
Poland), came to the following resolutions:—
"1. That the Vienna compact in 1815, and its stipulations,
were entered into without the consent of Poland, against its
wish, will, and imprescriptible rights.
" 2. That the compact of Vienna sanctioned the immoral
and, violent dismemberments of Poland in 1773, 1793, 1795,
perpetrated without the consent of Great Britain and Ireland.

"3. That this Vienna treaty established the hereditary
and Muscovite dynasty in Poland.
" 4. That this iniquitous compact stigmatises as a rebel-
lion, as a state crime, all the efforts of the Poles to regain
ancient, entire, and independent Poland. The Poles against
these and other immoralities and violations of their innate
and imprescriptible rights, sanctioned by the Vienna treaty,
have protested, and shall ever protest, not only by words,
but by their deeds and their blood."
These resolutions, it is stated, were come to with all
due deference to the honourable speakers and friends of
Poland who attended the meeting held at the Free-
masons' Tavern, and with an expression of heartfelt
gratitude for their zeal, solicitude, and good wishes for
Poland. The emigrants thus assembled repudiate all
connexion with the " Committee of Poles residing in
England," which committee does not represent their
feelings or wishes.

„DON'T YOU REMEMBER?”
(From the Dispatch.)
Oh ! these are the words that eternally utter
The spell that is seldom cast o'er us iv vain ;
With the wings and the wand of a fairy they flutter,
And draw a charmed circle about us again.
We return to the spot where our Infancy gamboll'd ;
We linger once more in the haunts cf our Youth :
We re-tread where young Passion first stealthily rambled,
And whispers are heard full of Nature and Truth,
Saying, "Don't you remember ?"
We treasure the picture where Colour seems breathing
In lineaments mocking a long-worshipp'd face;
We are proud of some tress in a chain of close wreathing,
And gold-links of Ophir are poor in its place.
Oh ! what is the secret that giveth them power
To fling out a star on our darkest of ways ?
'Tis the tone of Affection—Life's holieit power—
That murmurs about them and blisfully says
"Don't you remember?"
The'voice of Old Age, while it tells some old story,
Exults o'er the tale with fresh warmth in the breast;
As the haze of the twilight e'er deepens the glory
Of beams that are fast going down in the west.
When the friends of our Boyhood are gathered around us,7
The spirit retraces its wild flower track;
The heart is still held by the strings that first bound us
And Feeling keeps singing, while wandering back,
" Don't you remember? "
When those whom we prized have departed for ever,
Yet perfume is shed o'er the cypress we twine;
Yet fond Recollection refuses to sever,
And turns to the Past, like a saint to the shrine.
Praise carved on the marble is often deceiving,
The gaze of the stranger is all it may claim ;
But the strongest of love and the purest of grieving
Are heard when lips dwell on the missing one's name,
Saying, " Dont you remember!'
ELIZA COOK.

ACCIDENT TO Mtt. WAonoaN.—This indefatigable
traveller, while crossing the Alps with Mr. Austin, the en-
gineer and surveyor, was upset in his carriage. An ava-
lauche had fallen across the road, which had been cleared
away only from half the breadth of the road. It being night,
the postillion did not see it, and he drove one wheel tfp the
slope of the bank, and overturned the carriage. Neither Mr.
Waghorn or his companion were, however, in the smallest
degree hurt.
MARRIAGE IN HIGH LIFE.—The mcrriage of the
Viscount Ebrington with the Honourable Miss Dawson
Darner was solemuized on Thursday last, at Came House,
Dorset, in the presence of Prince Louis Napoleon, and a select
family circle.

THE LATE ACCIDENT AT OSBORNE HOUSE.—The
man Blake, who was so severely injured by the accident at
Osborne House on Thursday, has since died from the injuries
he received.

VISIT OF THE DUCHESS OF KENT TO GERMANY, &C.
—The Duchess of Kent
_is expected to leave England early
in the spring (probably shortly after Easter) tor the Conti-
nent, proceeding first to Brussels, upou a visit to her brother,
the King of the Belgians, and thence to Germany, to pay a
visit of two or three months' duration to her Royal High-
ness's relations at Saxe Coburg and Saxe Gotha, and in
some other of the German States, previously to returning to
England. It is stated that her Royal Highness will probably
take Paris en route to this country from Germany, and will
be the guest of LouisXhilippe, at the Tuileries, during her
short stay in the French capital.
'ihe Council of the British Archa3ological Associa-
tion, at a meeting held on Wednesday, Sir W. Chatterton
Bart., Vice-President, in the chair, decided upon holding
the fourth annual Congress at Warwick during the last week
in July.
CANTERBURY ELECTION.—The election of a MRIII•
r of Parliament for the city of Canterbury took place
yesterday. Lord Albert Conyngham being unopposed, was
returned. His Lordship was proposed by Mr. Alderman
Brent, and seconded by Mr. Alderman Neame.
HERTFORD AND HITCHIN RAILWAY.--A public
meeting of the inhabitants of llertford, called by the mayor,
in compliance with a requisition which was signed by most
of the resnectable inhabitants of the borough, was'_held at the
Town Hall, on Tuesday evening, for the purpose of consider-
ing a petition to Parliament, in favour of the line of railway
which is projected by the Eastern Counties Railway Com-
pany, from Hertford to Hitchin. A. petition in favour of the
direct line from Hertford to Hitchin was unanimously
adopted, and the buainebil closed.