The Sun.
London, England, 1846-07-04 00:00:00

THE ECLAIR AND THE AFRICAN

FEVER.
(From the Medical Gazette.)
In the last volume of this journal some remarks were
made upon the alleged importation of the African fever,
and the state of the Eclair steam sloop, which bad
recently reached this country from the coast of Africa.
The official report of the condition of that vessel on its
arrival, by Sir W. I'ym and Mr. J. M. Arnett, will be
found at p. 1,043 of the same volume. So soon as this
report appeared, we did not hesitate to express the
opinion, that the fever had certainly, in this instance,
spread by contagion, and that it was probably some
severe modification of the African coast fever, described
by Dr. M.Williarn as non-contagious. The report
rendered it evident that the fever thus imported to our
coast retained its virulent contagious character, oven
after the arrival of the vessel at the quarantine station
of Standga;,e Creek. This inference was drawn from
the facts-1, that so many medical men entering the
ship at different places during the voyage had been at-
tacked, and four had died ; 2, that the coast pilot taken
into the vessel at Portsmouth was speedily carried off by
an attack ; and 3, that a physician who had volunterred
his services on the arrival of the vessel at Standgate, had
been soon afterwards seized with the fever.

The circumstances which came to the knowle Igc of
Sir W. Pym and Mr. Arnott in October last appear to
have left not the slightest doubt in their minds that
there would be the greatest danger in allowing free
intercourse with this pestilential ship ; and subsequent
events have most strongly justified the conclusion at
which they then arrived. It was considered necessary:
—l. To observe strict quarantine. 2. To separate the
sick from the healthy so soon as an opportunity should
occur without endangering the public health. Some
dissatisfaction was expressed, at the time, that this plan
of separating the sick from the healthy had not been
adopted immediately on the arrival of the Eclair; and we
gather from the correspondence now before us, that a
proposition has been made to remove the sick at once to
Haslar Hospital. This was on the 29th September,
1845, when, on the day preceding, the following certifi-
cate had been given by Dr. T. H. Salter:—
" Motherbank Quarantine office, Sept. 23, 1345.

" I hereby certify that I have examined the comman-
der and surgeon on hoard her Majesty's steam-ship
Eclair. I find that as many as 60 have died of fever,
and that as many as seven are still suffering from that
disease. Three of the cases have commenced within the
last week; and the type of the fever is of the most severe
form—that accompanied with black vomiting. Under
these circumstances, I have recommended the superin-
tendent not to release the vessel, and submit this report
of the case. I cannot but consider the disease contagious.
" T. 11. SALTER, M.D.'

Dr. Richardson, however, in a letter addressed to the
Admiral of the station, calls the disease the " bilious
remittent fever," and ascribes its spreading among
the crew to the fact that they had ail been exposed
to " malaria" on the coast. He further observes,
" Notwithstanding the extraordinary mortality that
has swept off so large a proportion of the
crew of the vessel, I entertain no fears of her being the
means of introducing epidemic disease into this country."
At the very time these lines were penned, the so-called
" bilious remittent" had actually, as we now find, be-
gun to spread with fatal rapidity among the inha-
bitants of the hospitable island where the vessel had
been allowed to take shelter on her way to England.
Dr, Richardson's view was supported by the opinion of
Sir W. Burnett ; but, fortunately for this country,
judging from the facts now brought to light in the cor-
respondence before us, these suggestions were not acted
upon. The vessel was ordered to Standgate Creek, and
arrangements were mane to separate the sick without
exposing any person to the risk of infection, or giving
this " bilious remittent " the opportunity of diffusing
itself through England. In our judgment, it certainly
would have been better could this plan have been carried
out on the first arrival of the vessel, without incurring
loss of time by sending her to a remote quarantine sta •
tion ; and Mr. Arnott, it appears, had entered into an
arrangement to that effect with Read-Admiral Parker.
We learn, however, from the correspondence of Sir
W. Pym, that there was a want of proper accommoda-
lion at the Motherbank; and, on the whole, it was con-
sidered better for the healthy and sick that the vessel
should proceed at once to Standgate Creek. The pro-
gress of the disease, after the arrival of the vessel there,
has been already detailed in our columns, and we shall
therefore pass to another part of the silt ject.
The most interesting portion of the correspondence
before us, is that which refers to the results which fol-
lowed the visit of the Eclair to Bona Vista. Govern-
ment has been kr some weeks in possession of the im-
portant information, which is now, for the first time, laid
before the public. The correspondence can, we think,
leave no reasonable doubt that the fever of the Eclair
was of the worst and most malignant form; that its real
character, as marked by the occurrence of black vomit,
was concealed from the Portuguese Governor-General of
Bona Vista; that it was eminently contagious, and
wholly different in its nature from the coast remittent
fever.

A letter addressed to the Earl of Aberdeen, by Mr.
Rendall, our consul for the Cape Verde Islands, dated
St. Antonio, December 22, 1845 (received March 9,
1846, extracts from which we have already published),
detailed the opinion which led to the belief that the
disease was the common African fever, which led to Dr.
Kenny granting pratique to the Eclair, and to the ad-
mission of her unfortunate crew to the fort upon the
island.

This letter,•it will be observed, is dated Dec. 22. The
deaths are therein stated to have amounted, at that time,

to the practical conclusion at which non-profcssioral '
men would arrive ; namely, " that, whatever may be the
case, it is certain that the disorder must be a most
extraordinary one, with which the Eclair is infected, if
it has produced so many lamentable results ; and so
much the more extraordinary, as other vessels have held
the same course as the Eclair, upon the same coasts of
Africa, have not contracted any disease."' The Neapo-
litan Government, whether rightly or wrongly, were
disposed to deal with this as a peculiar ce : and it is
pretty evident that, had not quarantine restrictions with
respect to this vessel been carried out by our Govern-
ment the injurious effects to British commeree—setting
aside the risk to public health—would have still been
greater than they were.
It is impossible not to commend the fair and candid
spirit which has been manifested by our Government in
publishing, as it has done, the whole of the correspond-
ence connected with the disease which prevailed in this
ill-fated vessel. It will show to foreign countries that
there is no desire to conceal facts, or to give a false
colouring to events which appear to militate against the
present feeling to abolish the laws of quarantine ; and
although the result to our minds leaves it certain that
these laws, in a mitigated firm, cannot be dispensed
with, yet it is satisfactory to meet with a clear case, in
which facts and medical theories on the subject of con-
tagion can be fairly contrasted.
No later than the 16th of May, 1846, a motion was
made in the House of Commons en the quarantine laws
by Dr. Bewring. This gentleman, not being then in-
formed of the facts which have since come to light,
argued, with respect to the disease in the Eclair, basing
his argument on the views of Dr. .M.`William, that there
was nut the slightest evidence that the disease was com-
municated from one person to another, thereby assuming
that all fevers acquired on the African coast must possess
precisely the same characters as the fever observed by
Dr. ,`William on the African rivers. He further con-
tended, that "had they (the crew of the Eclair) been
removed from the focus of contagioe, there would have
been no danger whatever to others, and he believed many
valuable lives would have been saved." Another mem-
ber thought "that the abolition of these (the quarantine)
laws would be a step not only in humanity, but towards
free trade;" and Mr. Mackinnon declared, " that if the
quarantine regulations had not been in existence, he
sincerely believed that one-half of the persons who
perished in the Eclair would have been saved."
This commercial view of the question—a view which,
for the sake of freedom of trade, leads its advocates to
propose, not merely the removal of abuses, but the entire
abolition of a system which civilised countries have set
up as a safeguard against the importation of disease.
Unfortunately for the arguments thus employed, they are
entirely opposed to the facts contained in this corres-
pondence. While Dr. M`William's remarks on the ab-
sence of contagion apply to the river fever, Dr. Bowring
refers them to a fever contracted on the coast, differing
completely in symptoms from that described by Dr.
William, especially in the absence of one which is elle-
recteristic of the most aggravated form of the malady,
namely, " black vomit." Mr. Reudell's letter will
suffice to show whether there would or would not
have been danger to others by the disposal of the
crew of the Eclair lit any other way than that
adopted under the directions of Sir W. Pym and Mr.
Arnott. The same answer may be returned to Mr.
Mackinnon's declaration, that "if the quarantine regu-
lations had not been in existence, he sincerely believed
that one-half the persons who perished in the Eclair
would have been saved." The correspendence shows
that the numb -r of the deaths after the arrival of this
vessel and her being placed in quarantine was only five.
It also proves that the number of deaths from fever
at Bona Vista, where the vessel had not been placed
under any quarantine restrictions, amounted up to the
last date (March 9) to no less than 400. We are,
therefore, disposed to draw a conclusion the converse of
that at which this gentleman has arrived, and to express
our firm belief, from the report before us, that had the
Portuguese Governor at Bona Vista adopted the quaran-
tine restrictions resorted to in this country, not one-half
only, but probably the whole of the 400 individuals who
have fallen victims to the fever in that island would now
have been living. Mr. Macaulay, a resident on the
island, in his official correspondence with the Earl of
Aberdeen, says, in relation to this subject:—
" One thing is quite clear, that the medical officers of
the Eclair, who had never previously served on the
African station, misunderstood the malady which pre-
Tailed on board their ship, declaring from first to last
that it was nothing but the common coast fever—an
opinion which, whilst it unhappily obtained the unequi-
vocal concurrence of the only Portuguese doctor in the
island, received also the tacit assent, if not the unre-
served approval, of the only English doctor.
" Assured, by the concurrent testimony of all the
medical men to whom reference could be made, both
ashore and afloat, it is not surprising that the Governor-
General should have permitted the intercourse between
the ship and the shore to continue. As an unprofes-
sional man, he could not be expected to sea cause for
alarm and precaution where none was thought necessary
by the doctors."—Page 39.
Dr. Bowring lately stated in Parliament that "he had
seen again and again that a crew, arriving in perfect
health, had perished from being delivered over to the
tender mercies of the sanitary laws." He may now, we
think, fairly add to his experienee by a perusal of this
correspondence, in observing what are the effects of
delivering over the creveof a vessel affected with a sus-
picious disease to the tender mercies of commercial
theorists! The question is, not as Dr. Bowring puts it,
whether the healthy crews of vessels are ta be subjected
to vexatious restrictions of intercourse, but whether
those crews which are not healthy are, for the sake of
I freedom of trade, to become the means of spreading a
most fatal malady throughout a heal! hy community.
Is it better to cut otiintercourse with the crew of a vessel
affected with disease, or to run the risk of multiplying the
mortality.a hundredfold among thd community b, came the
present quarantine system is open to abuse? A man must
be singularly infected with the doctrines of free trade,
and singularly ignorant of the nature and progress of
contagious diseases, who can hesitate in deciding be-
tween these alternatives? The commercial party are,
however, fully aware of this difficulty to the practical
application of their views; they therefore adopt the opi-
nion, that the disease, whatever it may be, is not con-
tagious, and they seek to explain its diffusion by refe-
rence to all sorts of contingent circumstances—the state
of the thermometer, barometer, malaria, decomposed
bilge-water, mental depressien, the use of ardent spirits,
&c. We do not deny the influence of these causes in aid-
ing the diffusion and increasing the mortality of fever,
but we deny that they suffice to explain how it happcnA,
that, in spite of the removal of the crew at Bona Vista,
and in spite of the thorough overhauling, white-
, washing, fumigation, cooling,, and watering of the ves-
sel, the Eclair should still, when off our coast, and after
having sailed over nearly 2,000 miles of sea, become a
source of infection and a direct cause of death to several
persons who were permitted to have intercourse with
the ship. This may be explained either by contagion
existing in the ship itself or in the crew—we care net
which. The bare fact still remains—a most fatal ma-
lady identical with that which prevails and is endemic
en the coast of Africa, was brought close to our
shores, and proved rapidly fatal to seine who had
not been exposed to these peculiar thermometric:Ll
and barometrical changes, malaria, the vapour of
bilge water, &c. It is au event of this kind which
nations dread, and to prevent which quarantine re-
strictions are established. That these sometimes fail
to keep out disease, that they are most expensive to
maintain, that they are great burdens on commerce, and
that they are turned to vexatious uses by despotic states,
are circumstances which, with the evidence from this
correspondence before us, fell to furnish sufficient ground
for their entire abolition. _ _ .

We shall reserve our examination of the co,flicting
views entertained by Sir W. Burnett and Sir W. P 3 m,
on the nature of the fever which prevailed in the Eclair,
for a future number.

* " Che qualunque pert fosse certo che un morbo tutto
straordinario deve esser quello di cui a infettato
tsnti tristi effetti ha predotto, e tanto pits straordinario in
quanto che gli altri legni che han tenuto la stessa rotta che
l'Eclair, non ban contratto alcur morbo."

LAW INTELLIGENCE.
COURT OF BANKRUPTCY, July 3.
(Before Mr. Commissioner FONBLANQUE.)
8311T1E, 110 LT, AND NEALE'S 8 kNIiItUPTCY.

The bankrupts in this case were the proprietors, printers,
and publishers of the Iron Times, and carried on their busi-
ness in Fleet-street. The sitting today was for the choice of
assignees and the proof of debts, and a great number of
creditors were in attendance. As a contest for assigneeship
existed, opposition was raised to the proofs on both sides.
Mr. E. James appeared for the bankrupts, and Mr. Cross
for Mr. G. Berry, the petitioning creditor, and late editor of
the paper.
Mr. Berry's proof for 791. Gs.lod., balance of salary, was
h
objected to, and he was examined at some length respecting
claim. It appeared from his evidence that he was first
engaged at a salary. of two guineas per week, which was ad-
' vanced in progression by Mr. Holt till it reached six guineas
per week. Subsequently, when the paper was not so pros-
perous, he consented to reduce his salary to four guineas per
week ; but, on the meeting of Parliament, it was again ad-
vanced to six guineas, he undertaking to write a summary
of the debates in addition to his other editorial duties. Ile
received regular payment up to the month of December, 1:845,
but not since, and hence this amount was the balance of
account from that period to the date the paper stopped, which
was in May last.
The tendency of the examination was not so much with
the view to show that there was no claim at all, but that
overcharges had been made. The paper, it seemed, actually
stopped to the public on the 25th of April, but Mr. Berry
charged for services up to the 9th of May. This he ex-
plained by stating, that though the paper was not issued to
the public, it was nominally printed; and, hopes being enter-
tained of a" resuscitation," he continued with it till he saw
there was no further prospect of success. He never received
any notice of dismissal, and therefore, had he been so in-
clined, he could have made a larger claim than was now
before the Court. He would not swear that he had per-
formed full editorial duties after the 26th of April. lie
could point out what he had. done, if a file of the paper were
produced.
Mr. JAMES then examined Mr. Berry on certain payments
made to him on account of his claim, and i:lquired how it
was, if he kept (as he admit ted) no detailed statement of his
receipts from Mr. Holt and other parties connected with the
paper, that he could arrive :It the balance named.
Mr. Berry slid that every week he struck a balance of
what was owing him by the paper, deducting the gross
amount received from the 1-mss amount due.

Mr. Commissioner FoNBLAZNQUE thought that the claimant
had answered in an honest a.) (1 straightforward manner. All
he slid was very clear, ar.d th Nigh he (the Commissioner)
might have been inclined to c ensure his (Mr. Berry's) con-
duct in reference to his account ; had he been a trader, still,
it was not in the least unlikely that an editor of a paper, re-
ceiving a weekly salary, would roe.rely carry a memorandum,
from time to time, of what w as lue to him.
Mr. JamEs submitted that ;the charge, up to the 7th or
9th of May, ought not to be tali ,wed•
Mr. Commissioner FONBLANQ UE-Why, it appears that it
was in "mercy" to von that tic relinquished his claim as
early as that date. lie never re. -eived notice of nismissal.
One of the bankrupts (Thomas Lyttleton Holt) was then
examined by Mr. James relative t‘ Ms claim. lie entered
iAtc the fa particulars 9i the claiuil/4"-M first enageMent,

SURREY QUARTER SESSIONS.
Guildford, July 3.
(Before G. T. NICHOLSON, Esq., Chairman, the Earl of
LOVELACE, Lord LovAIN, G. BEST, Esq., &c., sc.)
THE JOINT STOCK COMPANY REGISTRATION ACT"'
IMPORTANT DECISION.—SAMUEL HENRY POWBLI
APPELLANT, V. A CONVICTION BY THE HON. DO"
NORTON.
This was an appeal against a decision of Mr. Norton
at the Lambeth Police Court, convicting the appellant
in the sum of 201. for neglecting to register a railway
speculation, of which he had been the promoter.
Mr. W. Payne appeared in support of the conviction.
Mr. Wallenger and Mr. Bagley were for the appellant.
Mr. PAYNE having taken some objections to the notice
of appeal, which were overruled by the Court,
Mr. WALLENGER addressed the bench on behalf of
the appellant. He said that this was an appeal against
a conviction under the Act of the 7th and Bth Victoria.
commonly known as the Joint-stock Company Registra"
tion Act. The appellant was alleged to have been the,
promoter of a railway undertaking called the Grand
Junction, Great Western and South Western Junction
Railway Company, and' a penalty of 201. had been
inflicted upon him for not having registered the coin'
pang in accordance with the provisions of the above
Act of Parliament. Ile should contend that such an
association did not come within the scope and meaning
of this Act of Parliament, and he referred the Court t°
the second clause in the Act, which required that eel'
tain undertakings should be registered, but which CSC
pressly excepted all undertakings from the operatine
of the Act, where they could not be carried into effect
without obtaining the sanction of an Act of Parlianien
Now, as it was perfectly clear that the undertaking en
question could not be carried into effect without an Acw
of Parliament, he submitted that the clause imposing
the penalty could not apply to the case, and that, there:
fore, the conviction must be quashed. The Learned
Council then cited the decision given by Lord Denroell
in a recent case of Lorton v. Hickman which, he Ole'
entirely confirmed the view of the Act he begged tie
suggest to the Bench, and he therefore called upon the
magistrates to quash the conviction.
Mr. BAGLEY, on the same side, said it appeared to'
him the point was so clear, that he would not trouble
the Court further than to say that in another decision
in the Court of Exchequer, in the case of Smith t
Young, the very same principle had been sanctioned by
the Court.
Mr. PAYNE said these were cases in which the legality
of the sale of scrip was the question at issue, and the/
did not apply to this case.
Mr. WALLENGER said the point involved in these call
was, whether railways came within the scope of $""
Joint-stock Company Registration Act, which

question now at issue. *ttea
Mr. PAYNE,I on behalf of the respondent, subrul .
that the Act of Parliament in question was clearly Ole;
tended to apply to railways as well as to every 0tb,.0
description of joint-stock undertaking. He cited tu..
4th section of the Act in question, and said, that aftell
enumerating various descriptions of works, it concluda,!
by the words, " whether for executing any such work all
aforesaid under the authority of the Act of Parliament,
or for any other purpose, the same should be registered
in accordance with the provisions of the Act." He re'
minded the Court that it was exceedingly important for
the public to know who were the originators and pro-
moters of those schemes, and in confirmation of 114
opinion that they came within the scope of the Act of
Parliament, he said be was in a condition to prove that
almost up to that very day it had been the practice to
register all such undertakings.
Mr. WALLENGER admitted that this might have been
done, but that,did not alter the case. The question vl
a very nice one, and until the decision to which he had
referred there might have been some doubt upon tile
point, which was now quite settled.
The COURT, after a short consultation, quashed the
conviction.

- -
otr. yv ALLENGER applied for full costs.
The COURT, however, said they did not think it WI
a case in which they could allow more than the usuP
amount of forty shillings.

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BIRTHS.

On the 2d inst., in Park-street, Lady Robert Grosvencr, of twin
SODS.

On the 11th ult., at Funchal, Meeira, the wife of Joseph S. ChM-
tophcrs, Esq., of a son, which survived Only a few hours.
On the Ist inst., Ernestine, wife of W. E. Swalne, M.D., of Foley-
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On the 30th ult., Mrs. Richard Ward, of Tuffnell- Hol-
loway, of a son. park-road,
On the Ist inst., at Bernard-street, Russell square, the wife of J.
Cockell, Esq , of a son.
On the let inst., in Eaton-place, the lady of C. R. Pemberton, Egg',
of a son.

MARRIED.
On the 31st of December last, at St. Australlnd, Western Australl.,,P,
Harly R. Johnston, Esq., to Mary, youngest daughter of M. W. Or
ton, Esq., lat i let ConunFssioner of that colony.
On the 24th ult., at the National ~cotch Church, Regent's-equate'
London, Ahattnticr Brodie Mackintosh, Esq., to Mrs. H. Barri°.
widow of the late Francis Harris, Esq., of Khulboalyah, Bengal.

lE.
On the 30th ult., at St. AnD
drew D's-place, Regeut's-park, SUS
Jessie, daughter of Thomas Denman Whatley, Esq.
On the 30th ult., In Blaudford-street, Manchester-square, MO'
Elizabeth Kerby, aged 68.
On the Ist inst., in the Royal Artillery Barracks, Woolwich,
James Staats Forbes, 17.5 q., Quarter• Master, Royal Artillery, aged 51.

London: Printed and Published by 3.11711D0 YOUNG, of No.
Strand, Printer, at The Sun Office, N 0.112. Strand. in the Precinf
of the Savoy, 111 tll6 County Blid(llenz, baturdah
4, 1846,