The Sun.
London, England, 1846-07-09 00:00:00

beiening :31,11t

LONDON, THURSDAY, JULY 9, 1846.

MINISTERIAL MOVEMENTS.

The Right Hon. Milner Gibson has attended at the
Board of Trade, to commence his official duties as
Vice-President.

Lord Lansdowne, the new Lord President of the
Council, is expected to return to town this afternoon,
from Bowood Park, Wilts.

Our anticipations are being realised, and the people,
confiding in the integrity of the new Administration,
are not only obstaining from all flagitious opposition,
but are by every reasonable means affording to its
formation their concurrence. Simultaneously with
the acceptance of Lord JOHN RUSSELL by the electors
of London, candidates of the same liberal policy are
returned by the constituencies of Nottingham and
Worcester. A noble triad of testimonies these of
popular confidence in the RUSSELL Cabinet! It is
gratifying to observe on those three occasions the
unanimity which prevailed between the principles
advocated by the respective Members, and it is curious
to remark the diversity of manner* by which the
announcements were characterised. In the Prime
tiNfinister's harangue we discover that wholesome ab-
stinence from detailed Ministerial disclosures which
might alone have been anticipated from one whose
mind has ever been so remarkable for its discreetness
and sagacity. From the entire complexion of his
declarations we learn the abstract generosity and the
practical liberality which may be said to form the
connecting girdle of his Cabinet, without being
initiated into any precocious knowledge of the reforms,
both social, commercial, and municipal, which will be
undertaken by that Cabinet. It is but rational that
the plan and tactics of the campaign should be di-
vulged before the cohorts are adjusted and caparisoned.
The " talking tree" of the Arabian fable is beautiful,
no doubt, as a botanical allegory ; but the tree that
germinates in silence, and proclaims its own merits
by an abundant fruitage, is immeasurably preferable
to beings constituted like ourselves. Enough for us
therefore, in all conscience, to observe the vigour, both
of talent and principle, which is so conspicuous
in the present Administration; enough for us to
recur to former seasons for evidence as to the actu-
ating principles of our newly-proclaimed rulers ;
enough for us that a promise of emulation in the fur-
therance of liberality and judicious reform has been
tacitly and directly given by the most eminent
statesmen of the age, irrespective of all their
former predilections of party ; enough for us that the
new First Lord Commissioner of the Treasury has
avowed to the citizens of the metropolis the posses-
sion of such enlarged and inimitable sentiments in
respect to mercantile freedom, sanatory precautions,
international friendship, civil liberty, and religious
toleration. We can afford, after such noble
declarations, to await in patience, and confidence, and
hopefulness, the Ministerial avowals in the Minis-
terial measures. We can subdue all the exorbitant
dictates of curiosity, and draw very largely upon our
aspirations, without much fear of our calcula-
tions being materially disappointed. The ad-
dress &livered to the electors of Nottingham
by Sir JOHN CAM Honuouss affords us a direct
contrast to the one delivered almost at the same
moment, in Guildhall, by his leader. While the
PREMIER restricted himself almost exclusively to
affording us certain intermittent and encouraging
glimpses of the Parliamentary future, Sir J. HO HOUSE
was enlarging upon the administrative past. As the
former, however, was jucticw,w, to
have beer. imperatively necessary ; the supporters of
- • "- VE.tIiGUS O'CONNOR, having
forced some justification - .
Joust Cam Honuousa. Such a remonstrance
as the follo.':-.8" was undoubtedly only
wrung f,.. the Right Honourable Baronet by
the ~inportunate antagonism of his auditors ; when,
after commenting upon the share the Whigs hal in
passing the Reform Bill, he proceeded—
.. I should like to know whether, beside that great mea-
sure, the party with which I have acted did nothing else for
the country ? To whom do we mainly owe Catholic Emanci-
pation? Who was it who repealed the Corporation and Test
Act? Who, I should like to know, gave you the municipal
franchise? Who, I should like to know, mitigated the
criminal code? Who were the beginners of the great com-
mercial reform, which has now passed into active law by the
instrumentality of the late Administration ? Who originated
the penny postage, which, although insignificant in sound,
had carried real comfort and consolation into every house
throughout the country?"

Conscious, no doubt, of the moral stability of those
principles, in the advocacy of which his opponent
then stood before the enfranchised people of Notting-
ham, and aware how int:mitely thou irinciph s have
interpenetrated the popular mind, Mr. O'CONNOR not
ungracefully seceded from the contest, notwithstanding
the enthusiasm of his reception. The cause which
proved triumphant in the capital of the empire
was paramount in the borough of Nottingham,
and one amongst the many able and gifted col-
leagues of Lord Jour; RUSSELL was declared to be
its representative. Worcester has likewise ac-
corded its acquiescence to the recent Ministerial
innovations, and its satisfaction with the political
tenets of the present Cabinet, by returning
without the semblance of opposition a man
who has been thoroughly drilled into the
knowledge of legislation, not only as Secretary to
the Board of Trade, and Secretary to the Treasury,
but also as Private Secretary to Lord MELBOURNE.
Sir DENIS LE DrIARCHAI4T was thus selected as the re-
presentative of 'Worcester in consequence of the late
representative, Sir THOMAS WILDE having been no-
minated Lord Chief Justice of the Court of Com-
mon Pleas, in the room of that eminent and noble
character, Chief Justice TINDAL, lately deceased.
In these rapid elections of the Ministerial candidates
in London, Nottingham, and Worcester, may we not
perceive omens of prosperity to Lord JOHN RUSSELL'S
Administration ? The people of England are, at the
least, evincing their reliance upon its councils, and
by the expedition of their proceedings show
their earnest anxiety that " the good work " should
commence.

We have on various occasions felt it our duty to
direct the attention of our readers to the enormous
powers conferred on members of the medical profes-
sion by the laws regulating Lunatic Asylums. Those
laws confer on any two members of that profession
the absolute power of imprisoning for an indefinite
period any one of her MAJESTY'S subjects. In order
to effect the arrest and imprisonment of any indi-
vidual, they have only to sign a certificate, stating
that the person to be so arrested and incarcerated is,
in their opinion, lunatic, and, without the institution
of any investigation—without being afforded an op.
portuuity of proving his sanity—without even being
made acquainted with the grounds upon which he is
declared to be insane, the unfortunate victim of medi-
cal cupidity is seized and confined in a madhouse.
We say the "unfortunate victim of medical cupidity,"
and we use those words advisedly ; for it is now
matter of public notoriety that these medical certifi-
cates can be purchased at the rate of one guinea,
half-a-guinea, nay, some even as low as five shillings
each. For a knowledge of this fact the public are
indebted to an excellent society, recently instituted
for the purpose of affording protection to persons
improperly incarcerated as lunatics, and we make
the statement on the authority of Mr. LUKE JAMES
HANSARD, who, in presiding over the founda-
tion festival of the " Alleged Lunatics' Friend
Society," on Tuesday last, publicly declared
that these medical certificates were so sold. On that
occasion there were present many persons who had
been thus unjustly incarcerated, and who had been
liberated in consequence of the exertions of the society.
One of these persons was Mr. WHITE, whose case
certainly calls fur a rigid investigation. It appears
'from the statement made at the meeting, that ZIP

WHITE had incurred the displeasure of some very
powerful public body, and that they had caused
him to be incarcerated as a lunatic—that
the society had taken up his cause, proved his
sanity, and effected his liberation. Now, what public
body was this, and who were the medical men who signed
the certificate authorising the incarceration of Mr.
WHITE? Some one has been guilty of great ignorance
or of great wickedness, and the public safety requires
that those who have been so guilty should be brought
to justice. But it is not sufficient to free
those who have been unjustly incarcerated ;
the society should direct its efforts to the prevention
of the possibility of any one being confined on a
charge of lunacy without just cause. This can
only be done by legislative enactment. We would
propose that, in every case of suspected lunacy, the
coroner of the district and his jury should hold an
inquest of lunacy on the person so suspected, who
should have an opportunity of being prt sent at the in-
quiry, of cross-examining the witnesses, of rebutting
their testimony by the testimony of other witnesses,
and of being assisted by legal or medical advisers it
he should think fit, and that. the coroner's warrant,
founded upon the finding of a jury after
such an investigation, should be the only
document authorising the keeper of any lu-
natic asylum to receive into his custody
any suspected lunatic. We throw out this suggestion
for the consideration of the society, and rejoiced we
are to find that at length an association has been
formed to take up the cause of those friendless
and unhappy persons who are unjustly imprisoned as
lunatics.

We had hoped that the final decision of the Court
of Exchequer in the case of WALSTAB V. SPOTTIS-
WOODE, by which the question of the non-liability of
the allottees of shares in the several extinct railway
companies for any portion of the preliminary expenses,
was fully and clearly settled, would have put
an end to the attempts made by the provisional
committees to obtain a payment of the deposits
claimed, or shares allotted, or even a con-
tribution on account thereof. It will be in the
recollection of our readers that, immediately on the
report of the proceedings in the case of WOOLMER V.
ToBY, we showed that no decision whatever had
taken place, and expressed our opinion that the ver-
dict in that case could not be permitted to stand ;
still the apparent sanction afforded to the claim
was not lost on the persons interested in
such companies, and innumerable applications,
accompanied by threats of legal proceedings in the
event of non-compliance, were daily made to the
several allottees ; and, in many cases, pro-
ceedings were actually instituted for the re-
coveay of the full amount of the deposit. During
this period we were not idle, but having
satisfied ourselves that the parties so applied
to were neither legally nor morally responsible, nor
bound either in law or in honour to make
any such payments, we repeatedly urged the
suspension of such threats until the law should be
clearly settled on the subject, and the question of
liability or non-liability satisfactorily adjudicated
upon, and set at rest. We pointed out the fearful
consequences which would inevitably be entailed on
the committee men if such a course was adopted,
more than doubling the amount of their previous
liability and los-es, and rendering it next
to impossible that they could hereafter ex-
tricate themselves from the difficulties in which they
would thus become involved. We alwo commented
upon the indecent haste adopted, and the threats used,
which alone would prove the weakness of the cause
of the claimants. And although some few persons,
terrified by the prospect of actions, and unwilling to
have their names brought before the public as
railway speculators, which must necessarily have
been injurious to their credit, were in-
duced to pay sums, by way of compro•
mise, we had the satisfaction of knowing
that our exertions were not fruitless, but that vast
numbers were thereby induced to oppose the attempted
extortion, and to set at defiance the threatened pro-
ceedings, and thus to save themselves from serious
loss. But if such applications were improper in that
state of the proceedings, what can be thought of
a perseverance in such an unworthy course ?
What might possibly be palliated before the
judgment of 'h' Court of Exchequer on
WIC LLI ef uu. assumes a v.. ':4-rent character
and aspect when attempted tyler
. WO ODE, and WONT-
'S
NER V. SHARP. What before was indecent haste,
now becomes grossly dishonest, and little batter than
an attempt at swindling. No lawyer can now enter-
tain a doubt as to what must be the result of a suit ou
such a subject. No matter in which of the Courts it
may be instituted, it must signally and entirely fail ;
and yet solicitors, ay, and men of respectability, ark
to be found who will issue such letters, and make
such unfounded demands.

A correspondent has just forwarded to us such a
letter, which, although dated the 27th of June, was
not posted until last Friday. We give this precious
document verbatim, merely withholding the name of
the company and of the solicitor attached. We believe
that it is one of the companies that should be the lass
to prefer such a claim, even if there was a possibility
of its being sustained; that the plans were found to
be so defective, the entire of the engineering de-
partment conducted in such a slovenly and improper
manner, the execution of it so impracticable from the
number and height of the viaducts, the severity of the
gradients, and the extent of the tunnelling, as to make
it perfectly clear that it could not possibly be pro-
ceeded with, and that it was in consequence
brought to an immediate conclusion, even withou:
the plans having been deposited ; and yet they have the
modesty to demand a contribution of ss. per share.
which would amount to no less a sum than 25,0001.
sterling for their preliminary expenses—which ought
to be sufficient for its entire progress through Par-
liament, if the project had been well devised or pro-
perly planned. For the present we content ourselves
with begging the parties who may receive such
letters not to be influenced thereby, or induced to sa-
crifice their money. A few weak-minded persons,
yielding to such unprincipled demands, will only
have the effect of their being pressed on with greater
vigour and determination. As well might they ac
knowledge the justice of the highwayman's demand,
who asks for their money or their life ; one has as
much legal claim to enforce it as the other.
One word more, should similar applications be
continued, we will unhesitatingly lay them before
the public, without keeping back the names of the
parties by whom they are made. We feel it a duty
we owe to the public, by whom we are supported,
and our exertions are appreciated, to denounce and
expose all such unprincipled and improper attempts
at extortion. The following is a copy of the letter to
which we have referred :

June 27, 1846.
Sir,—ln consequence of your inattention to the repeateu
applications of the Secretary of this Company for the pay-
ment of a small contribution as an allottee, I am directed t,
issue a writ against you immediately for the recovery of
421., the whole amount of the deposit upon the shares al
lotted to you in ihe above undertaking, and due upon your
contract, unless I receive from you a payment of ss. pet
share, and 3s. 6d., the cost of this application, on or bawl
the Bth July.

I trust you will at once see the justice and propriety o*
complying with this request, and thus present the unplea
santness and expense which will otherwise ba the result of
proceedings against you.
I am: sir, your most obedient servant.

Letters from Home confirm the news that the Chief
Magistrates, the Municipal Councillors, and the princi-
pal inhabitants of the chief Roman cities have signed
Petitions to the new POPE, supplicating him, in th 4
interest of his people, to have executed the memoran-
dum of 1831, addressed to the Sovereign Pontiff b)
France, Prussia, Austria, and Russia. M. G
Chief Magistrate of Ferli ; M. MASTAI, brother of the
POPE, and Chief Magistrate of Sinigaglia, are amongst
the signers of these petitions, which demand municipal
institutions. The members of a great number of tri-
bunals have followed the example thus given by the
municipal bodies. Independently of M. MASTAI FE.
RETTI, chief magistrate of Sinigaglia, well known for
his political moderation, Pope Pius IX. has another
brother, who was captain of carbineers, and whom
several persons remember to have seen at Marseilles
amongst the political refugees from the Roman States.

The POPE has appointed a Commission of Cardinal•
to consider and report upon the measures to be adopte,
by the new Government. The Commission is composed
as follows :—There are three Cardinal Bishops, viz..
MACCIII, Sub-dean of the Sacred College ; LAMBRUS-
CHINI, who was Secretary of State to GREGORY XVL ;
flta.ivm, h') was Secretary of State to the same Pope,
cr the Intvrin; two Cardinal Priests, ?U., Amer-Ds.