The Sun.
London, England, 1846-01-19 00:00:00

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LONDON, MONDAY, JANUARY 19, 1846.

Two questions are involved in the recent exclusion
of Mr. HAYWARD from the Bench of the Inner
Temple—a public question and a personal question ;
and though the public question is of far the greater
importance, it would stand but little chance of en-
gaging attention but for the personal question which
is bound up with it. A case of individual wrong
goes straight to the feelings of every man, while few
will trouble themselves for an abstract principle. If
the gross injustice which has been done to Mr.
HAYWARD be the means of abolishing the pre-
sent no less absurd than odious mode of
el.ecting to the Bench of the Inner Temple,
that gentleman may rejoice at having been the
passive instrument of'a much-needed reform ; and in
no case whatever cat) he have more to regret than the
inconvenience inseparable from any dispute, even
where one is entirely in the right ; for this incident
has only served to call forth from all quarters expres-
sions of sympathy and respect, and journals differing
most widely in politics agree to condemn, while none
is found to defend or even extenuate the exclusion.

A pamphlet which has been circulated, entitled
Remarks on the Mode of Electing Benchers at the
Inner Temple," gives the following account of the

cause of quarrel, Anno Domini 1832 :—" A. complained
that B. had mentioned a report concerning him. B.
replied that it had been current so long, that he really
_ _

could not say that he had not, though he had no
recollection of the fact. A. named C. (one of B's
friends), as his witness, and thereupon 8., supposing
he must have mentioned it as C. said so, expressed
his regret, and promised to contradict it ; but, on
being required to give up an authority, or name
same other person who had mentioned it, positively
refused, and expressed himself ready to abide by the
alternative. A. went away apparently satisfied. Each
party had a friend present, and their evidence

must be held conclusive. Both the friends,
agree that B. acted with spirit and propriety, and that
it was not even alleged that B. had mentioned the
report otherwise than inadvertently, if at all. At this

distance of time, it is quite immaterial who mentioned
a current rumour inadvertently ; but C. states posi-
tively that he never saw A. on the subject ; that his
name was used without his knowledge and much to
his regret ; and all that he ever said (to a third person)
was, that he had heard the report at a party in B.'s
chambers."

And so A., having (let us not inquire how) become a

Queen's Counsel and Bencher of the Inner Temple before
8., magnanimously wreaks his vengeance of thirteen
years' keeping on 8., by blackballing him for a post
of professional dignity, the mode of electing to which,
we venture to say, would have been long ago altered,
if the use of the monstrous power now given to one
black ball had been supposed possible. We may
mention that the above account of the quarrel is
founded on a printed statement of facts which has
been widely circulated by Mr. HAI-wenn, with his
name appended, and to which no answer has been
made.

If Parliament once begins to inquire into legal
abuses, there is no saying where it may stop ; and
the transition will not be difficult from the election of
Queen's Counsel to be Benchers to the prior process
of manufacturing Queen's Counsel. Many a time
has public feeling been outraged, and an injury in-
flicted on professional prospects, by the refusal of the
rank of Queen's Counsel to a political opponent of the
Government, whose professional claims are undis-
puted. There is no defence of this system of mak-
ing the distribution of professional honour dependent
on_ politics. Yet it is no Lord Chancellor's fault :
established custom binds each succeeding occu-
pant of the Woolsack to follow in the
path of his predecessors. But discussion
must seal the fate of so objectionable a system ; and
as we have said before, if discussion of legal abuses
begin, there is no saying where it may end. There
would, indeed, be something of just retribution in the
late insult to Mr. HAYWARD leading to inquiry into
certain recent appointments of Queen's Counsel.
We regret to learn that the appearance in the pub-
lic papers of the requisition to the Benchers of the
Inner Temple, which we printed on Friday, some days
after its first appearance, is thought likely to be of
some disservice to Mr. HAYWARD'S cause; the docu-
ment having been published in the first instance,
to the great surprise of the gentlemen who have
signed it, before it was presented to the Benchers.
We trust, however, that the Benchers will be above
allowing this extraneous accident to affect their de-
cision in a case of individual hardship. We are
assured that none of the promoters of the requisition
published it, and that all greatly regretted seeing it
in print, feeling that the object which they had
in view might be seriously impeded by the prema-
ture publication. We presume that this will be
madese kfor feeling offence.nown to the Benchers, who will then have no
excu

In the recent appointment of Mr, c wJMYTHII to the
Under-Secretaryship of Foreign Affairs may be seen,
we hope, something more than the mere nomination'
of a young aristocratic Member of the House of corn_
mons to a subordinate office in the Government. Sir

ROBERT PEEL'S appointments have hitherto made
him open, in a most marked degree, to the reproach
of discouragement of the rising talent of his party,
preference for manageable mediocrity, and subservi-
ence to the aristocracy. Let us hope this is a be-
-ginning of a better system. The Duke of RICHMOND'S
and Lord SOUTHAMPTON'S recent manifestoes have
probably convinced the Premier, that the only object
for which he could have been induced to saddle him-
self with their brothers in the Government has not
been gained ; he has choked up his Government with
aristocratic dummies, and the Dukes and Lords, whom
he thereby hoped to muzzle, bark and growl not-
withstanding. The course which Sir ROBERT PEEL
has hitherto taken, of seemingly deferring to the pre-
judices of the bulk of his party, and gradually
forcing from them small concessions, as op-
portunity served, may have had much to do with
his allocation of places. Talent and independence
will not submit to play a part in such policy. So it
has happened that all the rising talent of the Con-
servative party has been found, not only beyond the
pale of Sir ROBERT PEEL'S Government, but in a
position of 'quasi-hostility towards it. Its leanings
have been all towards a more liberal policy, which
we trust that Sir ROBERT PEEL is now about to
embrace cordially and entirely; and we hope we may
look on Mr. SMYTHE'S appointment as the precursor
of others, which could not fail to strengthen public
confidence in Sir ROBERT PEEL'S Government. We
may, without being invidious, more particularly men-
tion Mr. MONCKTON MILNES and Lord JOHN MAN-
NERS as having gained for themselves a position with
the public which would give more strength to Sir
ROBERT PEEL than all the conciliation which all his
adroitness could effect with all the great protec-
tionist Dukes and Lords by whose connexions he
is surrounded.

The Moniteur Grec of the 30th of December
gives an account of the opening of the second Par-
liamentary session on the 22d. The KING opened
the session in person, with a speech from the throne,
but we find nothing in it worth extracting. It is the
most vague production of the kind we ever read, and
shows that COLETTI has great skill in using words
without conveying ideas. The attendance of Mem-
bers on the occasion was very small, and even up to
the 29th a sufficient number had not arrived to elect
a president.

We have received Madrid journals of the 9th. On
that day the Chamber of Deputies resumed the dis-
cussion on the Address, which terminated in a violent
scene. On the Minister of the Interior announcing
that a Bill for the better regulation of the press would
be introduced in the course of the session, the object
of which was to place the press on a more indepen-
dent footing, Senor ORENSE made a violent at-
tack upon the general policy of the Go-
vernment, and declared that it was nothing
but a tissue of illegalities and acts of violence. He
denounced the conduct of RENJIFO, the police spy
or agent, who got up the unfounded charges against
CORTINA, but blamed still more that Government
who, according to RENJIFO'S admission, had sent a
person in their confidence to him to say—" Get up
a conspiracy, and place yourself at the head of it, for
an opportunity is wanted of shooting some persons."
This produced a storm in the Chamber, during
which the Minister of the Interior demanded that
M. ORENSB'S words should be taken down. General
NARVAEZ rose in a violent passion, and after re-
butting the wicked charge, called Senor ORENSE a
calumniator, and vowed to take effectual steps
to stop such attacks. This only increased the con-
fusion and the violence of the parties, and the PRESI-
DENT, after vainly trying to restore order, adjourned
the assembly. A general belief now prevails at
Madrid that the marriage of the QUEEN with Count
TRAPANI is finally arranged, and that an announce-
ment to that effect will soon be made to the Cortes.

On the 9th the Three per Cents. closed at 34 at 60
days ; and the Debt without Interest at 7i at 60 days.

The debate in the French Chamber of Peers on the
Address, according to appearance, would occupy the
whole of the week, so that it could not commence in
the Chamber of Deputies till Monday at the earliest.
On Thursday the usual annual paragraph in favour

.of Polish nationality was unanimously adopted ; and
at the hour of post the paragraphs relative to
Algeria were under discussion. In the Chamber of
Deputies nothing was done, but the Committees
appointed to examine the Budget in detail
were actively engaged, and five of the Com-
mittees had finished their investigations. The de-
partments which came under consideration were
chiefly those of War, Marine, and Finance. For
the first, the expenses are fixed at 325,693,957 f.
(13,000,0001.), those for Algeria being 75,992,211 f.
(3,030,0001.) The estimates are calculated for
279,765 men and 66,249 horses for France, and
60,000 men and 15,241 horses for Algeria. This
gives an augmentation of 2,305,744 f. for France, and
2,901,7841. for Algeria. The augmentations
relative to Algeria were objected to in some of the
bureaux. For the Marine, the ordinary expenses
are estimated at 117,863,6541., and the ex-
traordinary ones at 8,240,000 f. The augmentation
for the former is 658,0001. for 1847. The number of
vessels is maintained on nearly the same footing as in
1846- For that year they were 170, and for 1847
they will be 188. It is announced in the documents
laid before the bureaux, that in 1847 there will be
64 steamers on active service, comprising eight re-
quired for the western coasts of Africa. As to
sailing vessels, there are to be employed in the year
1847 one frigate and two corvettes less than in
that of 1846, but a greater number of cor-
vette* of the second class. Nothing is to be changed
in the vessels in commission de rade, and in commis-
sion de port. A sum of 61,300 f. demanded for the es-
tablishment of chaplains for the naval divisions was
opposed by several members of the Opposition, who
declared that they did not wish to behold a recurrence
of the abuses witnessed at the titre of the restoration,
when priests were established in the regiments. For
the Finance department the expenses are estimated at
633,626,240 f., being an augmentation of 10,482,2] 3f
It is on the service of the public debt that the aug-
mentation principally occurs. The new charges
inscribed on this part of the budget amount to
6,776,7811., but reductions bring it down to
5,238,2801. The sum placed aside for the Five
per Cents. is 146,753,935 f.; for the Four per
Cents. 26,507,3751. ; and for the Three per Cents.
65,150,5421. The interest of the floating debt is
fluid at 18,000,000 f. But little discussion took place
in the bureaux on the demands of this department.
Additional dispatches have been received from Al-
giers, which announce another victory over ABD.EL-
KADER, but it is a singular kind of victory. That
chief had ventured boldly into the heart of the
country occupied by the French, and committed
ravages on the territories of all who remained faithful
to them. General Jussur came up with him, hav-
ing under his command 450 horse, while ABD-EL-
KADER had 700, and the Arabs were completely dis-
persed, but the loss on both sides was trifling. Al-
together, BUGEAUD'S position appears hopeless. He
cannot repel the aggressor, and his own troops are
worn out with fatigne. The National, on this sub-
ject, says :

We learn, in fact, that the column commanded by
Marshal Bugeaud in person is in the most deplorable
condition. Forced marches, the rains, the bad state of
the roads, and privations, have put a great number of
both officers and soldiers hors de combat. As for tFe
cavalry, it may be said that it no longer exists; the
horses having nearly all sunk under hunger and fatigue,
insomuch that the Marshal has been obliged to transmit
orders to General Lamoriciere to send him in all haste
the whole of his cavalry. This general, who occupied
Frenda, a post of the utmost importance under present
circumstances, has been constrained, by complying with
this order of his superior, to replace his poumirons by
calling in those of General Korte, who, thalt he might
not leave without defence t'no southern fl'ontier
towards Daia and Saida, has caused himself to be
replaced by Colonel Within d'Eaterhazy, who was
operating in the north. And this is not all. On the
eve of the battle of Temda, Marshal Bugeaud had pro-
visions for no more than twenty-four hours, for his entire
army, and was obliged to obtain some from General
Lamoriciere ; who, thanks to his humane and prudent
policy, has so firmly re-established the security of the
subdiiision of Mascara, that he was able to bring up a
large convoy of provisions, and afford the Commander-
in-Chief a share. This, however, was but a feeble
relief, and the column of the Marshal was then at too
great a distance from the towns by which he could be
completely re-victualled. Thus is the military system
of the Hero of Isly decidedly characterised. Marshal
Bugeaud may boast of having, by his own fault, aggra-
vated a situation which was already sufficiently critical.
We should rejoice with all our hearts if we had less
reason to cry out against him ; for God knows what
sacrifices We shall still have to make to get finally rid

of an enemy whose skill and resources set at defiance
the common-place understanding of the adversary whom-
the Government persist in opposing to him, as if for the
purpose of rendering his task the more easy of accom-
plishment. _ _

The Moniteur publishes the following returns of
the indirect taxes and revenues for 1845, which show
an increase of 16,038,000 f. over those of 1844, and
of 39,329,000 f. as compared with 1843.

The registry duties, mortgages. &c 9 pro-
duced ... ... ••• ..•
Stamp duties ••• •••
Import duties on different goods and mer-

chandise ... • .
.., ~,
Import duties on colonial sugars
Import duties on foreign sugars ...
Export duties ~,
Navigation duties ...
Sundry customs duties
Tax on salt ... ~, ~, ~,
Tax on liquors
Tax on domestic sugar
Sundry other duties and receipts
Proceeds of the sale of tobacco ~,
Proceeds of the sale of gunpowder
Proceeds of the postage of letters ...
Proceeds of the fares in mail ciaches
Proceeds of the fares in mail packets

Total ...

France.

... 212,648,000
... 39,305.000

... 100,422,000
... 42,948,000
... 8,425,(100
... 1,631,000,

3,137,000

2,723,000
... 70,736,000
... 101,009,000
... 10,862,000

... 40,648,000

... 111,896,000
5,581,000
... 48,453,000
... 2,385,000
... 1,093,000

... 803,902,000

We subjoin miscellaneous extracts from the papers

Their Majesties gave their first ball for the season at
the Tuileries on Wednesday evening. The number of
foreigners present was great, the invitations having been
issued on an extensive scale.

Every day (says the Consitutionnel) the Govern-
ment offices are deluged with applications for employ-
ment. 'There are, it is said, this year, about four
thousand candidates, all supported by recommendations,
for the places of supernumerary in the direction of en-
registrement and domains of the Ministry of Finances.
On the report of M. Calmon, Director-General of this
department, the Minister of Finances has decided that
these places shall in future be given upon competition as
to merit, and not by recommendation, and that the
number of candidates shall be limited to one hundred.
Some agitatio : is still manifested in Switzerland,
particularly in the Canton of Berne, where the people
are holding meetings with a view to bring about a radi-
cal change in the constitution. On Sunday last there
was a meeting at Arberg of 4,000 persons, and a resolu-
tion was come to, to send an address to the Grand Coun-
cil, calling for the creation of a constituent assembly for
the proposed revision of the e"nstitution. A similar
but still more numerous meeting was also held at Givatt,
at which the same resolution was come to. In both in-
stances it was resolved, that if the Grand Council should
not comply with the application a popular meeting
should be convened in the capital.
We understand that Ibrahim Pacha is expected in
Paris about the middle of next month, if the weather
should not be so severe as to render his removal from a
warm climate injurious, and that apartments have been
prepared for him at the Elysee-Bourbon.
The Thtee per Cents. closed at 82f. 85c.; the Five per
Cents., 120 f. 90e. ; the Orleans Railroad Shares, 1,247 f. 50c. ;
Rouen,l,oo7f. 50c; North,74lf. 25c. ; Havre, 752 f. 50c. ; Avig-
non, 970 f. ; Vierzon, 687 f. 50c. ; Bordeaux, WE ; Boulogne,
550 f. ; Troyes and Montereau, 450 f. ; Basle, 251 f. 25c. ; Fam-
poux, 505 f.