The Sun.
London, England, 1847-06-26 00:00:00

\L

LZiNDON, SATURDAY, JUNE 26, 1847.

Whatever may be the ultimate decision
important
to the
river conservancy of the Thames, it is
most
b
to the national interests that the authority should
so distributed as to ensure its employment
com-
petent individuals. Although Lord Grt,,Romy be
•rii,:cic is disposed to lay enormous stress upon the
tircuidstance that the prerogatives of the City of
London Corporation, in regard to the navigation of
the 'ding of English rivers, extended as far hack as
the arrival of Wim.usi the Conqueror, and although
the Sohle Lord the Representative of Lynn argued
th-retivin that it was impolitic to deprive the Common
Cnuncirm.en of a right sanctified by the accordance
of centurias, we still continue of opinion that the
Governmerat is qualified to interfere in any manner it
may deem advisable. That such, moreover, is the
&pinion of .Pacliament was tolerably well shown last
evening by the majority of sixofreight in favour of the
reviornraittal of the Bill, whereby the power of the con-

The case of MART DAWSON, which was brought
before the House of Commons last night, affords an
additional illustration of the mischiefs occasioned by
entrusting private magistrates, who have had no legal
education whatsoever, and who are in no way quali-
fied for the execution of the extraordinary jurisdic-
tion conferred on them, with the power of summary
conviction. We are not disposed to charge the com-
mitting magistrates with any wilful abuse of their
authority; we cannot conceive that they could have
beet) influenced by any malicious feeling against the
unfortunate girl, and we therefore readily concur in
the acquittal pronounced by the Home Secretary as
to the existence of any improper motives on their
part ; but it is impossible not to perceive that the
victim has suffered as severely from the effects of
their ignorance or misapprehension as if they had
been actually guilty of the most •orrupt conduct.
The girl, who was dragged from her work, and
hurried a prisoner through the public streets, and
finally confined for more than three weeks in a House
of Correction, associated with thieves and prostitutes,
will receive but little satisfaction for her sufferings,
from the fact that they were occasioned be-
cause her judges were unacquainted with the
law which they took upon themselves to administer—
indeed it would be far better for her were it other-
wise ; for she would then receive ample damages for
the injuries she has sustained. But protection is
afforded whenever the public functionary has acted
conscientiously, to the best of his judgment, although
that judgment might have been erroneous and un-
warranted. It is perhaps right, so long as the system
is suffered to exist, that this should be so. It is cor-
rect that the Home-office should refuse the production
of the confidential communications which may be re-
ceived from the inculpated justices, that the admissions
therein contained should not be made use of in any
legal proceedings which may subsequently be insti-
tuted against them ; were it otherwise it would oc-
casion great mischief, and act as a restriction on the
free communications which are so essential, and with
which nothing should be permitted to interfere. It
is a sound principle that no person should be bound
to criminate himself; and it would be most unjust
if parties were compelled to answer interrogatories
exhibited to them, and then that the replies thus
enforced should be made to sustain and prop up a
case against them before anoth3r tribunal. The
Home Secretary was, therefore, not only justified
in refusing, but absolutely bound to refuse, the
production of the desired correspondence.
Sufficient, however, was elicited for the purposes
of our
argument, and in opposition to the custom
that has unfortunately become too prevalent of late
days of
Plaei:ogteheliberties of the people at the
disposal of incompetent persons. The trial by jury
was formerly looked
upon as the
boast of Englishman
palladium of British
freedom. It was the
proudest
that he could not be subjected
t
until his guilt had been established beyond punishment
s anyv rea-
sonable doubt before twelve of his
erencroachments have, however, from time to time,Various
been made on this privilege and safeguud.
New

statutes have conferred additional powers on justices,
clauses have been added declaring that the matters
shall not be removable by certiorari, and making the
decisions of a couple of perhaps incompetent magis-
trates final and conclusive, while the judgment of the
most learned occupant of the judicial bench is sub-
jected to the revision of his legal brethren.
Is it that three or six months' imprisonment
with hard labour is so mere a trifle
that it is a matter of indifference whether a
person is erroneously subjected thereto? May
not the execution of such a sentence affect all the
future prospects of the party ? It is not the actual
suffering—although that, under the improved disci-
pline now existing in our gaols will be found suffi-
ciently trying—but it is the demoralization occasioned
by the characters of those with whom he is found to
associate. It is the stain affixed to his reputation—a
stigma from which he can never hope to es-
cape ; he becomes a gaol-bird. He can no
longer obtain employment, for which there are
so many irreproachable candidates. He is afflicted
with a moral leprosy that banishes him from
proper society, and makes him shunned by those who
might otherwise aid and assist him in his struggle
through life. He is driven to crime for a means of
livelihood, and his total ruin and degradation may
perhaps be traced to the flippant and erroneous judg-
ment of some magisterial DOGBERRY. Such things
should not be suffered in the nineteenth century, and
in a free nation. The whole code of magisterial law
should be revised, and imprisonment should never be
permitted where any controversy existed as to the
facts, without the intervention of a jury, and the
sentence should be approved of, before being carried
into execution, by a bench of justices, one of whom,
at least, should be a legal salaried functionary,:whose
knowledge of law would afford some guarantee and
protection against the blunders of his associates.

A letter from Alexandria, of the 9th, says—
" An unexpected piece of news is the announcement
of the excursion of his Highness to Tuscany, where he
is going to take the water 3 of Monte Cacciana. Work-
men are now fitting up sumptuously the Hagy-Babas
and Syout steamers for this trip. Mehemet Ali will be
accompanied by Artim Bey, the Minister of Foreign
Affairs, and Yacoub Bey and Soubby Bey, his secre-
taries, M. Nubar, as interpreter, and Messrs. Zizinia
and Tossissa. The departure had been fixed for June
20, but his Highness being informed that the Sultan, in
return for the name which he had given the barrage of
the Nile (Megidie), intended giving him a magnificent
decoration, postponed his departure until after he should
have received this mark of favour, and sent off, on June
3d, the Boulaque steamer to bring it to him. It is,
therefore, probable that he will not be able to set out
for Leghorn before the end of the month. Many per-
sons seem to think that his Highness will visit France
this year, but this is highly improbable. This year's
voyage is for the benefit of his health, and next year
only will see him in France. A great quantity of
cachemire shawls, and other precious objects of the East
have been ordered. The building of the great 150 horse-
power steamer is being urged on with activity. His
Highness will then travel like a Sovereign, whereas this
year he will limit his expense as much as possible. In
his absence, Ibrahim Pacha will be charged with the
Government; he is now at the barrage with Abbas
Pacha, and Said Pacha. The Princes are there for the
purpose of deciding on the cutting of three canals, in-
tended to effect the irrigation of the whole of Lower
Egypt; and to be present at the tracing out- of the new
town, which is to be built at the barrage, with the name
of Mehemet Ali. Artim Bey has just lost his son, at
the age of sixteen months; the funeral took place yes-
terday. M. de Fok, Consul-General of Russia, is wait-
ing for his successor, in order to proceed to Constan-
tinople."

Madrid papers of the 19th have arrived. They
publish the following letter, addressed by General
ESPARTERO tO Don ALVARO GOMEZ BECERRA :
"London, 10th June, 1847.

" My esteemed Friend,—ln the Faro of the sd I have
seen a paragraph of the letter of its correspondent in
London, in which he supposes that I, in accord with Lord
Palmerston, and with the influential persons of the
Liberal party, aspire to govern the Philippine Islands,
under the form of a semi-independent principality, re-
public, or vice-royalty, until the day arrive in which it
can become an English colony.
"In the midst of the mortifications consequent on ex-
patriation, nothing has affected me more than this base
calumny.
" Espartero is, before all things, a Spaniard; and, let
the vicissitudes of his country be what they may, it is
impossible that Espartero can ever contribute towards
dismembering the smallest portion of its dominions.
" The Spaniards know me; the Duke de la Victoria
confides to them the custody of his reputation.
" To his Excellency Don Alvaro Gomez Becerra."

The Eco del Comercio and the Herald() treat as
absurd the rumour of Mr. BuLwEa's protest against
the proclamation of Concha.
The Tiempo is to cease to be published.
It was reported that General SERRANO, CONCHA,
and AIAZARREDO, are about to be created Captains
General of the army. The Eco del Comercio says
that on the 18th a detachment of soldiers was sent off
with extraordinary haste to Aranjuez, for which
it was believed that a band of Montemolinists had
appeared there. At a meeting of capitalists it was
determined to pray the QUEEN to suspend the
operation of the new monetary law of Senor
SALAMANCA, which is said to be producing bad
effects.

The Three per Cents. were done at 30 1-16th for cash;
the Four per Cents. at is for paper; the Fire per Cents.
at 17i for ditto; and the Coupons at 15 for cash.

We have received the Paris papers of Thursday.

The news from China is commented on in several
of them. The Presse, of course, represents the
attack of Sir JOHN DAVIS on Canton as an expedi-
tion of buccaneers ; but it is the only Paris paper
which so represents it. The Journal des Debat3, on
the contrary, commends what Sir JOHN DAVIS has
done, and makes out the following strong case in his
behalf. It says—
" According to the ordinary construction and conse-
quences of the rights of nations, the news from China
must excite an apprehension of a resumption of hosti-
lities; for, according to our ideas, it is impossible to be-
lieve that any Government can, without demanding ample
satisfaction, permit a foreign power to enter its territory
abruptly and without any previous declaration of war,
and demolish its fortresses and spike its cannon. But
in China things pass differently. The despicable and
csai,n.sonaltyevreersoyrit.
ohlovoed t andi3
now
proud Government of the Court of Pekin, which
cunning
accustomed
torelieve
c.
sttottntfainlsve
it from the embarrassment in which its barbarous pas-
submit to every insult, and it is probable that the vigor-
ous
demonstration of the English against the city of
Canton will have co other result than to ameliorate for a
short time the painful position created for foreigners in
that city in contempt of treaties, until new incidents shall
lead to new and perhaps more important complications.
It was not an unforeseen event which decided the sudden
demonstration of the English; it was the desire to obtain
a solution to the endless diplomatic correspondence in
which the Government of Hong-Kong has been engaged
for some years without being able to arrive at any re-
sult with the Imperial Commissary, Keying, in a demand
of reparation for the innumerable wrongs which the Chi-
nese, and particularly the people of Canton, had in their
incorrigible presumption not ceased to commit; it was
to obtain justice for the massacre of a crew and English
passengers thrown on the coast of Formosa four years
ago; it was to obtain satisfaction for the insults and ill-
treatment of which the English Vice-Consul at Canton
was the victim more than two years ago, and of which
foreigners have every day to complain in the streets of
Canton; it was to obtain the entry into the town pro-
mised by the treaty of Nankin, but still interdicted de
facto ; it was to force the Mandarins to grant the ground
necessary for building of churches, for a cemetery, and
for the lodging of foreigners; and, finally, to constrain
the Chinese Government to the execution of the treaties
hitherto eluded, that Sir John Davis, whose patience
was exhausted, and who was urged on by the opinion of
his fellow-subjects, and without doubt also by the in-
structions of his Government, resolved to employ the
only argument which has any influence over Asiatics,
viz., the force of arms."

On the subject of the French attack on the Cochin-
Chinese the Constitutionnel says—

" The Debuts does not say what was the origin of this
sanguinary affair, and why Captain Lapierre went into
one of the ports in Cochin-China where, as is well
known, access is interdicted to European vessels. We
know, however, from a private letter, that the motive
of the visit of Captain Lapierre was the deliverance of
the French missionaries, who, already once expelled
from the kingdom of Annam, found means to penetrate
into it again. It is, no doubt, well to protect our mis-
sionaries in these barbarous countries ; it is not, how-
ever, right to let one's-selt be carried away in the exer-
cise of that protection farther than the interests of our
commerce and our political views require. That the
apostles of the faith be rescued out of the hands of the
Government of Cochin-China from a cruel martyrdom,
is an act commanded by humanity and by the sympathy
which we owe to our countrymen ; but, on the other
hand, missionaries, once snatched from the hands
of the barbarians, ought not to have tempted fortune
a second time, to again claim the protection of our ves-
sels. This continual intervention of our navy cannot be
justified but by a decided intention on the part of the
French Government to establish its protectorate over all
Cochin-China. Is that what the Government wants? If
not, we may ask why these reiterated visits of Admiral
Laplace, and Cecile, of Captain Favin-Leveque, and at
present of Captain Lapierre, visits which are each time
the occasion of some dispute which ends in negotiations
almost always unavailing, and of whieh the only result
has hitherto been the liberation of the missionaries, who
return there to undergo fresh tortures. It would be ad-
visable, however, that the missionaries should manifest
ponae prudence in what they do, at least for our country,