The Sun.
London, England, 1846-07-16 00:00:00

THE SUN, LONDON, THURSDAY EVENING, JULY 16, 1846,

which have since been proposed are intended to have
that operation.
I would say to the landlords, that by demanding such
vexatious restrictions and limitations as there contained

in the Government Bills, the tenants are forced to °L
an
upon their "tenant right." The landlords
;a "they
-they
ought not to be responsible for improveir•-,nts the d
y have
not sanctioned, because works may i:Je done of no real
value. I would remind them.
but,
;
were never required
to pay for any works whill did not create value
on the " tenant right" principle, there is an indisputable
test of value : the tenant claims that which a solvent
tenant would pay, by actual sale or valuation, for the
tenant's interest in the concern—this is the test whether
the tenant's improvements are of value or not ; on this
test he rests his claim, and on this principle the landlord
need not have one farthing to pay if it be not his own
fault. The tenant never refuses to pay the fair rent—l
know this from my own experience, as well as from my
knowledge of the general practice of the country ; and if,
in such case the landlord perseveres in ejecting, why
should not the tenant receive, without any drawback, the
full value of that beneficial interest which he, by the
expenditure of his capital and labour, has createddor
himself ? To refuse him this, is nothing else than
legalised robbery.
But, it is alleged that, although the landlord may not
pay, directly, the value of the " tenant-right," he pays
it indirectly—that is an abstraction either from the value
of the fee, or from the rent, or from both. In answer
to these allegations, I would ask, in what part of Ireland
is the purchase of the fee of land so high as in the north-
ern counties of the province of Ulster, and especially in
the county of Down ? In what part of Ireland is the rent
of land so high, in proportion to its quality, as in those '
same districts ? It cannot be disputed, that the pur-
chase of land is at the highest, in the part of Ireland
referred to ; - and with regard to the rent, the evidence of
Mr. Griffith, the Commissioner of Public Valuation, is
equally conclusive on that point ; and yet, in this same
vrtion of Ireland,-the " tenant-right" has its strongest
hold, and the tenant's improvement show the greatest
progress. Thus, the value of land, the rent of land, and
improved cultivation, all rise in conjuction with this cus-
tomary right ; and the prosperity, both of the tenant
and the landlord, is insured, by the mutual confidence
and kind feeling created.
My Friends,—Eleven years back, when I first raised
this question in Parliament, I sought on your behalf
(and you would have been satisfied with) a very modified
measure of protection : this was objected to. It was
said landlords' rights must be upheld, tenants' rights
must be kept in abeyance ; but times are changed, and,
as in all cases wherein just reform is withheld, a greater
measure of reform is claimed and obtained. So with
your case. You have now the great moral power of
public opinion, both in England and Ireland, in your
favour. You stand on high ground, from which you
cannot be driven, except by your own fault. You
ought to demand, and accept nothing short of, the full
and simple measure of justice, which I have described
to you ; and here permit me to remark to you, that, in
England, long established customs become what is called
"common law." In England, customs prevail, in par-
ticslar districts, by which the outgoing tenant is com-
pensated by the incoming tenant, for all unremunerated
expenditure ; and this custom becomes law, and can be
pleaded and enforced in a Court of Equity. Your cus-
tom of " tenant-right" is as well established as any cus-
tom in England. Why, then, should it not be made
equally valid in law, as it confessedly is in justice ? De-
mand, then, that your custom be made law.
In doing so, you stand on a practical basis, the utility
of which is proved experimentally—not on the mere
fiction of theory. It may be said by some who have not
rightly considered the question, that this is a strange
advice to come from a landlord. I would say to such
persons, do you suppose I am proposing to swamp my
own interests, to serve the interests of the tenant ? I
have no such intention—l do not claim the tribute of
popular applause, on the doubtful merit of self-immola-
tion. I tell them, that in advocating this principle, I
feel that I am platting my own interests in a position of
the greatest safety, and the most certain advancement.
By giving security to the tenant, I create that spirit; of
improvement, from which, in due time, I derive an im-
proved beneficial interest as well as my tenant. I form
a stem of partnership, furnishing to the tenant the raw
material on which he expends labour and capital—he
yielding to me, in the form of rent, a fair proportion of
the increasing profits, which, by supplying the raw ma-
terial, justly falls to my share; and I securing to him,
that, at the termination of the partnership, if such should
occur, the amount of his labour and capital sunk in the
establishment, with a fair proportion of the profits, shall
fall to his lot. This just bond of union is the basis of
our mutual prosperity, enhanced by the improved social
condition of the whole community in which we live.
Such are the views I entertain of the relationship which
ought to subsist between landlord and tenant, and which
I trust I may yet live to see placed on the stable founda-
tion of just laws.—Your faithful friend,
WILLIAM SHARMAN CRAWFORD.
Crawfordsburn, July 8, 1846.

ELECTION MOVEMENTS.
EDINBURGH.
`TRIUMPHANT RETURN OF MR. MACAULAY.
TUESDAY. —The Russell Ministry has triumphed. In spite
of a most vigorous and determined opposition, Mr. Macaulay,
the Government candidate, has been returned by the over-
whelming majority of 903 votes. The numbers at the close
of the poll stood thus:—
Macaulay - 1,735
Smith
Majority - 903
The total number of electors who voted is not more
than 2,567, considerably under one-half of the whole con-
stituency.
The majority thus secured is considerably beyond_ the ex-
pectation even of Mr. Macaulay's committee. Up to Satur-
day afternoon they were not alarmed, but anxious—not
anxious as to the ultimate result, but anxious in the antici-
pationv smallerage, ou ftnbct
ahe
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prevailed. The reports from the different districts were
doubtful, and altogether the prospects of the Liberal
candidate looked, if not cloudy, certainly somewhat hazy.
On Saturday evening, however, matters somewhat mended.
a,a election.
p ro s
The speeches at the hustings on Friday began to tell. The
Tories openly stated that they would take no prominent part
in
ac theu 3
p e Saks ling n gwe Sm i
repeat'sSmith ohfo pa euso
ofeesl
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butan d
oMf ra.
great majority—brightened.
Monday saw this state of things continuing to become
Ma
more decided. The Catholic electors held a meeting, and
determined unanimously to support Mr. Macaulay. it be-
came certain that the Tories would not interfere. Then
another split took place in the Smithean forces. The Free-
Church folks in Scotland swear by Fox Maule. He is one
of their most unflinching champions and greatest guns. His
presence, therefore, on the field as an active partisan of Mr.
Macaulay, his personal influence in the canvass, and the de-
cided nature of his speech upon the hustings on the occasion
of Mr. Gibson Craig's election, told powerfully, and the con-
sequence was a considerable reaction last night and this
morning in favour of Mr. Macaulay.
The polling began briskly at eight o'clock. Mr. Macaulay
at once took a decided lead, and maintained it to the end.
The excitement was considerable up to about noon. Sir
Culling Smith's committee gave out that their champion was
rising on. the poll every hour. The assertion was true, in one
sense; but as Mr. Macaulay happened to be rising two votes
to the Maynooth-dreading Baronet's one, it was difficult to
see the practical advantage of his upward progress. By one
o'clock it was evident that Mr. Macaulay's majority would be
overwhelming. The excitement then gradually abated.
Votes came up less rapidly. Sir Culling Smith's people pub-
lished placards, urging the electors to vote for him, were it
only to have the satisfaction of registering their names as
champions of true-blue Presbyterianism. The satisfaction
in question, however, did not seem to be at all in de-
mand. Sir James Forrest looked as dismal as he did when
he woke on the morning of the Queen's arrival, and Mr.
Blackadder's (of anti-Sunday travelling notoriety) aspect
justified the compound signification of his name. Mean-
time, Mr. Macaulay's affairs went merrily as a marriage
bell ; he could have brought up many more supporters than
those who actually polled in his favour, but it was unneces-
sary. The battle had been fairly fought and fairly wen.
The reserve was not required. Two, three, and four o'clock
passed slowly by, and in a few minutes after the latter hour,
the decisive majority was announced from the windows of
Mr. Macaulay's committee-room, to the expectant crowd
without, and hailed by a tumult of cheering. The old and
new member then made his appearance on the arm of the
Lord Provost. A cry was raised of "To the hustings—to
the hustings," and straightway_ there was a tremendous rush,
from Hunter-square up the High-street, to the spot where
the important platform has from time immemorial stood.
The crowd was soon dense, and presently Mr. Macaulay,
with his hat in one hand, and his umbrella in the other,
made his way. We never saw a man looking more honestly
and heartily delighted through the throng which opened a
line for him towards the hustings. His appearance was the
signal for a renewed burst of acclamation, and after the noise
had partially subsided he spoke as follows :
Mr. MACAULAY—I cannot express to you, Gentlemen, the
joy with which I have listened to these acclamations—a joy
of no selfish kind. They prove to me that the feeling which
the poll of this day indicates is confined to no particular
class.—(Cheers.) They prove to me that the whole popu-
lation of Edinburgh is penetrated with approbation of those
great principles for which we have contended, and in the
cause of which we have triumphed.—(Loud cheers.) Most
painful—most humiliating indeed would it have been, and of
evil omen for this great country, could we have believed the
contrary.—(Cheers.) When we consider the place which
Scotland occupied among civilised nations—when we con
eider the place which Edinburgh occupies amongst the cities
of Scotland—formerly the seat of legislation and govern-
ment, still intellectually and morally the capital of a great
and enlightened people—it would have been strange indeed,
if, in such a city, an appeal to reason against prejudice—an
appeal to the great principles of religious liberty, principles
to which no good Protestant ought ever to be unfaithful—
should not have been successful.—(Cheers. ) I shall carry with
me into my place in Parliament—l shall carry with me
into the councils of her Majesty, a mind strongly impressed
with this important truth—that the people of your great
city are attached with equal firmness, and on grounds equally
conscientious, to the Protestant religion and to the prin-
ciples of religious freedom.—(Cheers.) I trust that no part
of my future conduct will appear to you inconsistent with
either the one or the other of these two great principleswhich
have done so much to make your country what it is.
Long and loud cheering hailed the termination of this
short and pithy address; and then the Right Hon. Member,
still bare-headed, was escorted by a numerous and enthusi-
astic crowd down the High-street, across the South and
North Bridges (stopping only to honour the Lord Provost's
shop with a hearty cheer), to his residence at Gibbs's Hotel,
in Princess-street.

Thus closed the first disputed election which has taken
place in Edinburgh since 1835, and the only disputed election
of any member of the new Administration. The triumph
has been signal, and the Smithites are, as they deserve to be,
utterly disconsolate.
We subjoin a detailed account of the state of the poll
throughout the day :

NINE O'CLOCK.

Macaulay
Smith 195
TEN O'CIACIE.

Macaulay .
Smith
ELKVEN O'CLOCK
- - -

Macaulay
Smith

TWELVE O'CLOCK.

1,095
507

Macaulay _ v 1,305
Smith

MILITARY FLOGGING AT
HOUNSLOW.
HOUNSLOW, WEDNESDAY NlGHT.—During the last two
days an extraordinary feeling of excitement has been created
in this town and the surrounding neighbourhood, in cense-
quence of a report getting afloat that one of the privates of
the ith Royal Hussars, at present quartered at Hounslow
Barracks, had died in consequence of the severity of the
flogging he resleived shortly before, by order of a court-
martial.

From the great secrecy which is always maintained on the
part of the military authorities respecting occurrences
within the barracks, the actual particulars of the affair have
not been allowed to transpire beyond the barrack walls, and
consequently all that is at present known is rumour and re-
port.
From the inquiries instituted by our reporter, it appears
that the first knowledge of and• of the privates of the 7th
Royal Hussars having been subject to corporeal punishment,
since the arrival of the regiment at Hounslow from Ipswich,
about two months since, was on Monday evening, when it
began to be whispered about that several soldiers had been
flogged, and that one of them had died the next morning.
No credence was, however, at the time placed upon the state-
ment, and all who heard it considered it unfounded. On
Tuesday morning the report was revived with greater con-
fidence, with the addition that the body of the deceased sol-
dier was to be buried without any inquest, on Wednesday
(this day) afternoon, at three o'clock, in Heston churchyard,
in which parish the barracks is situated.
In the course of the forenoon the reports having reached
the ears of the local magistrates, and of the parochial autho-
rities, official inquiries were instituted by Inspector Law-
rence, T division, and Mr. Brent, butcher, of Heston, the re-
sult of which was, that communications from both were, in
the course of the afternoon, forwarded to Mr. Wakley, M.P.,
coroner for Middlesex, who immediately issued his warrant
for holding an inquest on the body. The news that there was
to be a public inquiry into the matter flew like wildfire
through the town, and completely silenced those who disbe-
lieved the truth of the reports.
To-day the forthcoming inquiry is the all-absorbing topic
of conversation, and it is looked forward to with the greatest
anxiety by all well-informed persons as the stepping-stone to
the total abolition of the obnoxious system of corporeal pu-
nishment in the army.
Persons whose business takes them frequently to the bar-
racks, state to-day that the deceased soldier, whose name
has even not transpired, was flogged about five weeks since;
that after the infliction of the lash he was immediately
removed to the barrack hospital, where he remained
until his death, which took place on Saturday last ; and
that subsequent to his death two military surgeons had
been sent down from town by order of the Horse
Guards, and had opened the body, and found the cause
of death to be ossification of the heart, which had burst.
Others as confidently assert that the flogging was more re-
cently inflicted than five weeks since, that the offence that
the deceased, who was a recruit who had only joined the
regiment about three months, had committed, was striking
his sergeant violently across the breast with a poker; that
he was tried by court-martial, and ordered to receive 1.50
lashes; that the punishment was, as is customary, inflicted
in the presence of the surgeon of the regiment, and the com-
manding officer (Colonel Whyte) ; that after about 70 or 80
lashes had been received, the surgeon declared that any fur-
ther punishment would be dangerous, but that the com-
manding officer directed that it should be continued ; and
that the surgeon upon finding that retired from the scene
and interfered no further. It is also stated confidently that
the deceased, shortly before he expired, exclaimed, " I am a
murdered man."

There is also a report that there are two other of the pri-
vates of the same regiment at present in the hospital for cure
from floggings, one of whom of the name of Mathewson is
not expected to recover.

The above are the principal of the reports and statements
in circulation, but the real facts will not be publicly known
until after the inquest is concluded.
THE INQUEST.
.... . .

This evening, at eight o'clock, a highly respectably jury of
thirteen'inhabitants:of the parish of Heston were empannelled
before Mr. Wakley, M.P., coroner for Middlesex, in one of
the parlours of the George IV. Inn, Hounslow-heath, to in•
quire into the circumstances attendant upon the death of
Frederick White, aged twenty. six years, the private of the
7th Royal Hussars, whose death it is alleged has been caused
by the effects of the corporeal punishment he had received
in. ler an order of court-martial.

The room was crowded to excess by the respectable inha •
bitants of the neighbourhood, and the officers of the regi-
ment, anxious to witness the proceeding. Near the coroner
were Mr. G. Bailey, of Hanwell, Chairman of the Brentford
bench of magistrates, and the Rev. H. S. Trimmer, another
magistrate, and rector of Heston.
Inspector Lawrence, T division, was also in attendance to
assist the civil authorities in their inquiry.
The CORONES —Previous to the jury being sworn, inquire
if any of the gentlemen whose names have been called are in
any way connected with the barracks, as they had better not
form part of the jury.
Several gentlemen replied that they were, and were ex-
cused.

Thirteen jurors having been sworn, and Mr. J. Bird ap-
pointed foreman, the Coroner accompanied them to the
barracks, which was about half a mile distant, to view the
body of the unfortunate deceased. It was in the coffin, and
on being turned round on its face, the back, from, the nape of
the neck down to the loins, presented a deep purple appear-
ance. In the middle of the back, between the shoulders,
where the greatest inflammation had evidently been, a great
piece of skin, nine inches one way, and eight inches the other,
had been cut away.
The CORONER inquired where the skin was, and by whom
it had been cut off, and was told it had been cut off by Dr.
Read, who had been sent down by the Horse Guards to per-
form the post mortem examination of the body, and it should
be looked for. Much delay was occasioned by the search,
and eventually a piece of skin was brought, which, however,
was not a fifth part of the whole.
After an absence of nearly an hour, the Coroner and jury
returned to the inquest room, and their names having been
called over,

The CORONER inquired if any of the relatives of the de-
ceased were present in the room, or had been informed of the
inquiry ?
The Adjutant of the regiment replied, that they were not,
neither had he informed them on the subject.
The CosoNza inquired if any one had written to them ?
The Adjutant said he believed not, as they only knew from
the deceased's attestation where they were to be found.
The CORONER then addressed the jury, and said it must
be apparent to them, from the number of witnesses that must
neceesarily be examined, that it would be impossible to
finish the inquiry that night, however late they might sit ;
and, therefore, in his opinion, it would be better at once to
adjourn, so that they might have all the witnesses in at-
tendance, and finish at one sitting. By doing so the rela-
tions of the unfortunate man would also have an oppor-
tunity to be present, as he doubted not that the publicity
which would be given to the inquiry in the newspapers
would cause them to be made acquainted with it. It would
be also necessary to summon several witnesses from London,
viz., Dr. Read and Mr. Hall, It was essentially necessary that
Dr. Read should be present, as he was the person who had re-
moved the skin from the back of the deceased, not a fifth part
of which had been found, and what was found would not fit
the back. It was also necessary that a medical man, who
was totally unconnected with the army, should immediately
see and examine the body, and he would leave it to the jury
to determine who that surgeon should be. He would only
further say, that the surgeon chosen should be a gentleman
on whose opinion the jury felt they could place confidence,
who was quite unconnected with the case, and who would
give an impartial and unbiassed judgment on what he saw.
The military authorities might also appoint one who would
have every facility afforded to do the same.
After considerable discussion, the jury unanimously fixed
on Mr. Horatio Day, surgeon, of Isleworth, who was ap-
pointed.
The Coßcrsmin then, addressing Dr. Warren, the surgeon
of the regiment, said, Sir, I shall rely upon your rendering
my constable and the police-inspector every assistance in the
summoning of the necessary witnesses at the barracks, in
order to show the real cause of death, whatever it may be.
Dr. Warren promised to do so.
The CORONER. then bound over the jurors in a re-
cognizance of 20/. each, to attend on a day next week to
resume the inquiry, and at ten o'clock the investigation was
adjourned.