The Sun.
London, England, 1846-06-11 00:00:00

rule by a side wind. It was getting a most dangerous
precedent, and if the principle now sought to be
established were once acknowledged, it would lead to
the indemnification by the nation of every merchant
who, during any future war, might suffer loss from
captures at sea, which would impose upon every
class of the community a heavy burden for the mere
benefit of one class. The principle equally applied
whether the war was just or unjust. These merchants
had suffered from captures made in strict accordance
with the law of nations, and it was most unjust to come
upon the tax-payers of this country now and ask them
to bear the burden which would be imposed upon them
if these claims were admitted. The declaration of war on
the part of Denmark took place previous to these captures
viz., on the 15th of August, 1807. Now, Great Britain
never made any declaration of war except by issuing
letters of marque—Great Britain never issues a declara-
tion of war until all the means of pacification are
exhausted. In 1812 America declared war in June,
and England did not declare war until September,
and yet the captures made during that
interval were considered as legal captures.
The Right lion. Gentleman then proceeded to describe
the circumstances under which the captures were made,
and which have been already frequently described, and
concluded by declaring his determination to oppose the

motion.

1 Mr. HAwEs denied that there had been any
declyation of war previous to:the captures, but
even had there been such a declaration, that was
rendered entirely nugatory by the subsequent convene
tion by which amicable" relations had been restored.
Besides, the Government had acknowledged the ex-
istence of these claims by appointing a Commission to
inquire into their nature and extent, and that Commis-
sion having reported that claims to the amount of
225,000/. had been made out, it was not right that the
Government should repudiate the decision of their own
Commissioners. The claims were founded in equity, and
he appealed to the justice of that House to make them
good.

Mr. CARDWELL contended that the existence of war
between the two nations at the time the captures were
made was proved by the existence of hostilities, and that
no declaration of war was necessary. Under these circum-
stances, the captures were legal captures, and there was
no foundation for these claims.

Colonel SIBTRORP supported the motion, and reflected
on the absence of
,the Attorney-General and of the
Solicitor-General, who had, when out of office, voted in
favour of the claims, but who now absented themselves
from the division.

The House then divided, when there appeared-
For going into Committee 5B
Against it , B5
lisjorify _ 27

Mr. Fox MAULS moied the second reading of the
Places of Worship and Sites (Scotland) Bill.
Mr. BRINE proposed an adjournment of the debate to
that day week, which was agreed te.
The Railway Companies Dissolution Bill was read a
econd time, and proposed to be read a third time one
Friday.

Sir JAJIES GRAHAM moved that the House should go
into Committee pro forma on the Poor Removal Bill.
The House then went into Committee, and imme-
diately after resumed, when the remaining private busi-
ness was gone through, and the House adjourned at six
o'clock.

The Lords of the Committee of Privy Council for
Trade, have made a minute, under date of the 6th of
June (which was yesterday inserted in The Sun), on
the report of the Gauge Commissioners. Their Lord-
ships appear to have given the closest attention to the
difficult subject in question, and we confess that we
are better satisfied with the result at which they have
arrived, the suggestions they have offered, than those
adopted by the Commissioners. They have considered
the report and observations there made by the Great
Western Railway Company, which is the company most
deeply interested in the question. And, concurring
fully in the opinion " that a break of gauge is a
very serious evil," and that none of the mechanical
contrivances, :or other methods proposed for miti-
gating the evil, " are calculated to remedy in any
important degree, the inconveniences attending a
break of gauge," they come to the real practical
question, viz., whether any just means can be
found of producing entire uniformity of gauge
throughout the country? This truly is the great
question, for whatever may be the convenience or ad-
vantages to the public, were they even as great as the
warmest supporters of uniformity have asserted them
to be, they would be purchased at too high a price if
attained by any but just means, and this is the fitting
view to be taken by persons exercising so high an
influence over the trade of the country, the basis of
which must ever be justice and integrity.
The Commissioners recommend,amongst other things,
—lst. That equitable means should be found of pro-
ducing entire uniformity of gauge, by reducing the
broad gauge lines to the narrow gauge. 2d. That all
public railways now under construction, or hereafter
to be constructed, in Great Britain, shall be formed
on the narrow gauge. Their Lordships do not con-
cur in the entire extent of these recommendations ;
they cannot feel themselves justified in recommending
an entire reduction of the broad gauge. Several methods
had been proposed for meeting the expense which
would be occasioned by the reduction ; the principal
plans suggested- were :-1. That the expense should
be defrayed from the public moneys. 2. That it
should be defrayed by the companies themselves, who
I should he compelled to reduee their gauge at their
own expense, or to lay down intermediate rails for
narrow gauge traffic. 3. That the expense should
be borne by a contribution, to be levied on all the rail-
way companies in the kingdom. The only one of these
methods compatible with equity or justice, is that first
named, viz., that the expense should be borne by the
public. It would be indeed a monstrous injury to
the companies who had adopted that standard which
they thought best suited to their traffic, who had
made all their works with the sanction and authority
of Parliament, at increased expense, and who are satis-
fied that that expense has been properly incurred, and
was fully counterbalanced by the additional
speed and other real or fancied ad-
vantages attendant on the broad gauge
if they should now not only be called on to forego all
the benefits derivable from that increased outlay, and
to expend a further considerable sum in reducing
their lines to the narrow gauge. Such a proposition
is so utterly repugnant to every feeling of fair play
and justice, that it requires no argument to be offered
against it—it carries with it its own condemnation.
And so it is with the other, of levying a general con-
tribution on all the railways in the kingdom ; it
would indeed be hard if railways, which derived
little or no benefit from the proposed change, which
are far remote from those about to be altered, should
be compelled, nolens voleiss, willing or unwilling, to
pay a large sum of money from their own resources.
Private rights have ever been respected by our
Legislature, and though it has often been necessary to
take the property of individuals for the public benefit,
yet,the principle has ever been that the public, or parties
to be benefited, should pay a full and fair compensa-
ttihon for the injury inflicted. If, then, the privaterights of
fo;l3thr°"(igluge
tzeb companies
uptuhieie
mani-
fest tebarat" ennoetfiot,n tywboeualrd
the be
entire
expense of the, alteration, but make
a fair
tion for the deteriorated valueofthe railways after
the change had been effected. The question
then re-
solves itself into this—ls the public benefit hich
not,
for
the
they decidedly say that would be derived from an uniformity of gaugeweaui-
think valent to the great expense which would be thereby
occasioned ? Their
a Lordships
t they
seem to
cannot recommend
Legislature to sanction such an expense from the pub-
lie money. They also declare themselves unable to
which the desired uniformity of
suggest any other equitable or practicable means by
gauge could be ob
tained

From this decision of their Lordships it becomes
manifest that an absolute uniformity of gauge cannot

now be attempted, and they turn their attention to
the next point of importance, viz., to endeavour to

effect such a settlement of the gauges to be used in
the several railways already sanctioned, and to lay

down such general regulations for the future, as wil

prevent the increase and further extension of an evil

;hey cannot altogether remedy, and will reduce the

inconvenience inflicted on the passenger and goods
traffic of the country within the narrowest attainable
limits.

We think the suggestions they have offered sound
and practical, and such as will afford the most bene-
ficial result. They adopt generally the narrow
gauge :as that on which future railways should
be constructed, although they do not wish that
it should_ be considered positive and final, wisely