The Sun.
London, England, 1846-03-12 00:00:00

MARCH 12, 1846.

" Woull it not be better to devote time, attention, and
legislation to amelierate in some degree the condition of
so miserable a population, instead of devoting time, at-
tention, and legislation to devise modes of unconstitu-
tional coercion for that unhappy people ?
"There are many other horrible clauses in this Bill
which I shall recur to again. But I wish to pause
for one moment, to call the marked and deliberate at-
tention to the most important and absorbing considera-
tion of one simple fas•t.
" That matter of fact is this, that the entire hope of
the Bill treats with indiscriminate and undistinguishing
severity the innocent as well as the guilty; and more
especially that, in the attempt to detect a comparatively
small number engaged in crime, punishment is not in-
flicted alone on the guilty smaller number, but is equally
inflicted on the innocent great majority.
" Thus, fur example, a crime is committed, or obliged
to be committed, for it is all the same, in one district or
county, and immediately a proclamation may issue of
outlawry, not only against the district or county in which
the crime is as committed, but also any adjoining dis-
trict or county. The number of criminals in such case
would, at least in a 1 probability, not exceed six- or eight
—the number of persons effectually punished in their
property would amount to ten thousand, twenty thou-
sand, or perhaps one hundred thousand, or even more.
" It is a maxim in our law, and often quoted by the
be -t of our judges, that it is better that one hundred
guilty should escape than that one innocent should suffer.
This Bill, however, goes on a directly opposite principle.
It punishes one hundred innocent, upon the chance of
inflicting chastisement upon the one guilty.
" And all this medley of legislation is facetiously called
a union between Great Britain and Ireland.
"I reserve the consideration of the other and most
hideous clauses for my next letter.
For the present, I have only to observe, that it is re-
ported that Lord St. Germans has graciously conde-
scended to limit the diiiitiOn of the Act to "about four
years. I hope and trust the firmness displayed by the
Repeal Association has made him shrink from the more
atrocious enactment ; but the little Lord is not to escape
in that way. He formed, fostered, and matured the
Bill, with all the odious tyranny of a perpetual law. If
Ireland shall ever have justice done her, the iniquity of
the project will, I trust, be adequately punished.
"For my part, I will not spare him a single observa-
tion. What a miserable estimate he must form of our
love of constitutional rights. Freedom reckons by the
hour—liberty is counted by the day—and he who would
acquiesce in one day, one hour of servitude, is as
despicable a miscreant as the base tyrant who imposes
the chain.

My fifth objection to the Bill is the unlimited power it
gives over the persons of the Irish people.
" By the 15th and 16th sections, any person who hap-
pens to be out of his place of abode, at any time from one
hour after sunset until sunrise, may be arrested by any
constable or policeman—that is, by anybody—and
transported for fifteen years. Mark the offence, and
mark the punishment. Gracions heaven ! fifteen years'
transportation for being out of a man's house for five
minutes.

"It is not necessary togive any proof against him, but
the fact of his being out in the open air. It is not ne-
cessary to prove that he was out for any unlawful pur
pose. I repeat, the only proof under this Bill to enable
the C(.urt, whatever it may be, to condemn to fifteen
years' transportation, is the mere fact of his being in the
open air within the prohibited hours.
" The prosecutor in such a case is bound to no proof
of guilt ; but the unhappy prisoner is told he will be
allowed to prove his innocence.
" See what a total violation of the first principles of our
criminal law is this Our criminal law declares em-
phatically, in the language of all the Judges, that every
British subject is to be deemed and taken as innocent
until his guilt is proved—proved on the oath of wit-
nesses. But this Bill reverses the maxim, and declares
the man guilty, unless he is able to prove, on the oath of
witnesses, his innocence.
" Fiftten years' transportation upon an ac:usation
unless innocence be proved.
"I have often spoke harshly of the Emperor Nicholas;
but I will do him the justice to say that he never issued
such a Ukase as this.

" The sixth objection to the Act is another frightful
power. It is one enabling the magistrates to issue a
warrant to enable any person to break by force into any
hous.. in which liquor of any kind is sold, in a proclaimed
district, and to arrest any person in the house not being
an inmate or traveller, and such person, for the mere
fact of being in such house in the prohibited hours, is
liable to fifteen years' transportation.
" Mark this—a man is found in a house where liquour
is sold, at night, unarmed, defenceless, and for that
offence—offence !—he is liable to be transported for
fifteen years. _ _

"I an sick of this Bill. There is a group of other
offences, some not punishable at all at common law, and
the others punishable only by fine or imprisonment,
which are made liable, in proclaimed districts, to trans-
portation for fifteen years.
" Two topics more, briefly touched, will bring me
to a conclusi( n.

" The first relates to the imperative necessity of every
repealer exerting himself to prevail on the people to
keep the peace, and not to violate the law. There never
was a period when it was so emphatically true,
" "rhat whoever commits a crime

Strengthens the enemy.'
" The next topic relates to what fills my mind wi,h
the bitterest anguish, namely, the hideously mistaken
and unconstitutional course that the Ministry adopt in
respect to Ireland. We repealers are most anxious to
put an end to crime, and to see the country tranquil-
lised, We know that it can be done by adopting the
proper course. Let the Irish people be conciliated. In-
stead of Coercion Bills, bring in Bills to equalise in
Ireland the elective franchise with that in England.

" Secondly. Give Ireland her equal proportion of re-
presentatives in the House of Commons.
Thirdly. Give Ireland equal municipal rights with
England, and give them without reservation.
"Fourthly. Above all things, immediately amend the
law of landlord and tenant. Give to the landlord his
adequate rent ; but secure to the tenant possession of
the land until he shall ba repaid for all actual improve-
ment made by him upon the premises.
"Fifthly. Place the law of landlord and tenant upon
the same footing with the law respecting all other con-
tracts, and take away all the relics of the feudal supe-
riority of the landlord.
"Sixthly. Impose without delay a heavy absentee tax
in Ireland upon all non-resident landlords, and apply the
produce to lighten the burdens of county-cess and poor-
rates on the occupying tenants.
" Let the Government do all these things before it
presumes to bring to the House of Commons a Bill to
trample down all constitutional rights and liberties.
They may deem it a shorter and easier course to abro-
gate the constitution than to concede constitutional
equality.
"Is the Parliament of Britain only competent to
coerce, and not to equalise the franchises and rights of,
both countries ? I believe so.

" Still, there is one course open to them—it is that
of abdicating a power which they abuse, and cannot
apply to useful purposes.
"Let them awow their incapacity, and restore to the
people of Ireland their domestic legislature. Let them
thus establish tranquillity and prosperity in Ireland,
secure the stability of the throne, and the permanence
of the connexion between both conntriEs,
" Believe me to be, very faithfully yours,
" To M. Ray, Esq." " DANIEL O'CONNELL.

Mr. GRATTAN, M.P., moved tho insertion of the letter
on the minutes, and then entered into an elaborate con-
demnation of the Coercion Bill, expressing his convic-
tion that penal enactments were wholly inadequate to
meet the evils of the country. Till a better feeling
sprung up between the aristocracy and the people,
there could be no peace in Ireland, and that consum-
mation could only be hoped for in a satisfactory and,
final adjustment of the landlord and tenant question.
A vote of thanks to the electors of Mayo having been
proposed and adopted, the rent of the week was an-
noinced to be 2831.45. sd.

The meeting then adjoured.
THE POTATO DISEASE.
GALWAY, MARCH 7.—We fear that the worst antici•
pations of the people, respecting the state of the potato
crop, are about to be realised. Already the markets
are but scantily supplied, and hundreds clamour fur this
almost necessary article of food, but cannot procure it
even at exorbitant prices. It is really pitiable to witness
crowds of poor creatures, whose means will not allow
them to buy in a week's supply at the Saturday's market,
looking, but in vain, for a day's food during the week.
On Wednesday there was scarcely a cart load to be had
for love or money, but since then some few baskets have
been brought into the town for sale.
&roc), MARCH 7.—The famine anticipated by the
failure of the potato crop has actually set in at Sligo. In
the half-barony of Coolavin, a portion of the people are
now without food, or the means of procuring it ; they
areliving
to a
the bounty
sad and deplorable a conditionuntyoftheirneighbours, A'howill
ba
soon reduced as
themselves. The Government is about to bring Indian
corn to this port ; so far so good--but they must give
the people the means of buying it, or their labour will be
in vain. Employment is what is required, and we trust
it will be granted.
STATE OF CRIME—THE ROMAN CATHOLIC

PRICE SD,

God and the law of the land; for, as the Apostle says,
Let every soul be subject to higher powers, for there
is no power but from God; and those that are ordained
of God; therefore he that resisteth the power resisteth
the ordinance of God, and they that resist purchase to
themselves damnation.' A system which encourages
the midnight assassin as well as the noonday murderer—
a system, the impious abettors of which hesitate not
(for their interested purpose) to attribute even to the
ministers of their religion a culpable indifference to the
wants of the poor, and a base subserviency to the
caprice of the rich, charges as wicked as they are false.
" We are perfectly aware that the poor have many
grievances to complain of, and that it is our duty to aid
in alleviating their sufferings ; but it is not by violence
or outrage this great end can be attained ; it is by
humble supplication to the Throne of Mercy, and in the
midst of danger and of difficulty to place our entire con-
fidence in the God of Justice. We most earnestly
exhort the opulent and the wealthy to be indulgent and
charitable to the poor, to sympathise with them and
their wants, rather than, by adhering too rigidly to their
rights and privileges, provoke indignation, and thus in•
duce a people already too sensitise, vainly, and irre-
ligiously to imagine, that there is no redress for them,
save by illegal combinations and lawless violence."
VICEREGAL COURT.—The Lord Lieutenant enter•
tained the following party at dinner on Saturday, in
Dublin Castle :—Hon. Mrs. Robert Daly, the Marchio-
ness of Sligo, Lady Elizabeth Brovrne, Lady 11. Browne,
Captain and Lady Adele Ibbetson, Lord Sidney Os-
borne, Lord Henry Loftus, Mr. and Lady Eleanor
F,therstone, Lady Florence Balfour, Mr. Lowry Bal-
four, Lord and Lady Castlemaine, Hon. Miss Hand-
cock, Lord Dunsandle, Mr. and Mrs. Vernon. Mr. Corry
Connellan ; Hon. R. Daly and Mr. Cust, aides-de•camp
in waiting.

_
COURT OF ALDERMEN.
A Court of Aldermen was held on Tuesday, at which
a long and interesting discussion took place upon the
report of the Inspectors of Prisons upon the stwe of the
city gaols
CHRIST'S HOSPITAL.—THE CORPORATION.
The LORD MAYOR directed that the correspondence
which took place between the Town Clerk and the clerk
to Christ's Hospital, relative to the reception which the
Lord Mayor might expect:to meet at the Hospital, upon
going to visit the school on the public supper nights,
should be read.

Upon the motion that the correspondence be entered
on the repertory of the Court,
The RECORDER intimated that the Court ought not to
have such documents entered upon their journals. It
would furnish evidence against themselves to have them
upon the books, and if they inserted the application, they
must necessarily enter the saucy answer.—(Hear, hear.)
The LORD MAYOR—I shall have nothing to do with
Christ's Hospital. I consider that I was acting dis-
creetly in directing the Town Clerk to write to Christ's
Hospital, that I mightnot be charged with neglect of the
privileges of my fellow citizens, but my sight having
been denied I shall go no more.—(Hear, hear.)
The correspondence was then ordered to lie on the
table.

THE GAOL OF THE CITY.
Sir P. LAURIE rose to submit the motion of which
he bad given notice to the Court, " That the report of
the Inspectors of Prisons relative to the gaols of the
City be referred to a Special Committee, consisting of
all the members of the Court, for consideration." He
was glad that on the occasion upon which Alderman
Wilson had brought forward a motion of importance.
which could not have been properly discussed in a small
Coin t, he had effectually interfered, by desiring that
the Court should be counted. It would have been im-
possible at such an hour to answer a spech of great
length, in which a proposal of communication with the
Government was involved.—(Hear, hear.) His object
was to induce the Court to proceed exactly in the same
course as that on which they had prceaeded in 1836
and 1837, without entering into the merits of the report
of the Inspectors. He could not, however, help alluding
to one statement which was made in that report. The
inspectors represented that several of the Aldermen had
expressed their approbation of the separate system. He
did not know where they could have received that in-
formation. By whom had they been enlightened as
to that point? He would just state a fact or two
in testimony of the happy effects of that sys-
tem. Bethlem Hospital, of which he was the
governor, and which was doomed to receive all
the it:Fane of all the surrounding gaols, had not been
burdened with a single mad inmate from any one of
those places of confinement, with the exception of the
Penitentiary at Milbank, and the New Prison at Pen•
tonville, the only prisons in which' the system was
strictly enforced.—Mear, hear.) The one was so pro-
lific of unhappy victims of that sort of discipline
as to produce sixteen lunatics in a few years, and the
other, which was comparatively in its infancy, had al-
ready, although but four or five years old, contrived to
prove its efficacy upon five unfortunate creatures who
were at that moment under the only discipline which
gave them a chance of recovery.—(Hear, hear.) He
trusted the Court would agree to his motion without
entering into the matter of the report.
Alderman SIDNEY very much questioned the accuracy
of the statement made by Sir Peter Laurie, as to the
supply of madmen from the City prisons, so highly
complimented, to Bethlem Hospital,'and asked for exact
numbers and dates.

Sir PETER LAURIE (as our reporter understood him)
believed that Pentonville Penitentiary had contributed
at least one lunatic or madman annually since its erec-
tion; and that at Milbank, had sent in sixteen within
the period of about six or seven years. The inspectors
know very well how to select the prisoners best adapted
to their views, as evidences of the efficacy of the prin-
ciple of separation.

Alderman CHALLIS thought it would be advisable to
drop the discussion in the Court, and to resume it in the
Committee, where they could ascertain what alterations
were practicable and eligible.
Alderman Sidney rose and said it was certainly his
intention to move an amendment upon Sir Peter Laurie s
motion. Ho must say, that he differed essentially from
his senior brother magistrates in his view of this im-
portant question. He did not view it in the light in
which Sir Peter Laurie seemed to regard it. When
Sir Peter Laurie wished to get rid of a subject, which
happened to be disagreeable to him, he, with a great ap-
pearance of candour, rose to refer it to a Committee, well
knowing that such reference would be the most sure
mode of extinction.—(Laughter, and cries of " Hear,
hear," and " No, no.") The fate of ell the reports
hitherto made upon the subject adequately proved that
the readiest way to stop inquiry was to call for a Com-
mittec.—(Murmurs.) Had they not been for the last
seven years assailed by reports as strong as that to which
attention had been made, and were they to goon perpetu-
ally referring, and reporting, and doing nothing ?
The present state of the City prisons reflected dis-
honour upon those who had the power of producing a
reformation in them. In a Committee it was a matter
of much difficulty to get gentlemen to attend to and
examine the details. The whole history of the gaol dis-
cipline of the city of London exhibited the want of that
vigour and energy, without which the prisoner could not
be reformed, society could not be protected from conta-
mination, and the city of London and its magistrates
could not escape condemnation and obloquy.—(Hear,
hear.) lie was ready to admit that the City prisons
were at present much better than they had liad
aclakeneonwinleddgayeds
gone by.—(Haar, and laughter.)
that such was the case ; but he denied that the improve-
ment was much better than a mere contrast to what
it ought to be, looking at the means which the city of
London had at its disposal, and the authority which it
exercised in effecting improvements of another kind.
He denied that the separate system was calculated to
produce insanity, or any other malady of the kind. He
believed, on the contrary, that it brought back the
mind to a healthy condition, and strengthened its moral
tendencies ; and there were instances in which persona,
whose progenitors had been subject to mental disease,
who were indebted to the operation of system
stemfor
a
marked improvement in their conduct
h and The Alderman
character.—
(A laugh, and cries of
heremr. Clay,re ad
the
chaplain quotations from : ‘oßathe observationsera;nrdesstohno wHodu stehoef
of tdheecrlet
ae Rev.
Correc-
tion, on the separate system,
of crime in the North Lancashire district, ascribable, in
the opinion of the reverend gentleman, to the system he
commended. (He here read a variety of documents, in
favour of the views and opinions expressedbytheinspetors.)
He gathered that information from the report of the in-
spectors. Was it then to be said that the City of Lon-
don was to remain neutral under such circumstances ?
Every syllable uttered by the inspectors in condemna-
tion of the City prisons was accurately true. He was
himself a witness to the frightful evils of the want of
discipline in them. What could be expected from a plan
which permitted twenty-six men, some of them convicts,
and others untried, and some likely to be acquitted, to
be locked up for several hours together' n idleness ?
(Hear, hear.) Could it be supposed that those who
escaped would do otherwise than, upon their discharge
after such contamination, join, and be the captains of
bands of thieves, become greater adepts, and at last dis-
appear altogether by transportation or the gallows ?
(Hear, hear.) He hoped the Court would look seriously
at such a picture, which presented no exaggeration. He,
for one, would never consent to the continuation of the
evils he so feebly described, but society so dreadfully
suffered from.—(Hear, hear.) Alderman Sidney con-
cluded by moving an amendment, " That it be referred
to a Committee immediately to inquire as to the most
elegible place in which to build a new prison adapted to
the plan of the separate system." The Alderman had,
in the course of his speech, referred m ist particularly to
Beading Gaol and Preston House of Correction. _

Alderman FAREBROTETER said the preceding speaker
had been profuse in his quotations from the Prison In-
spector's reports of the two crack gaols of ill', kingdom
—Reading county gaol, and Preston House )ICorree-
tion. If a man wished to refute his own arguments, the
next best thing to writing a book was quotingt rem one.
Mr. Clay, the chaplain to the Preston House of Correc-
tion, who had written so fully to Alderman Sidney, ap-
peared to be a very communicative gentleman, and fond
of a very numerous, if not a very select class of corre-
spondents. In the report of the Prison Inspector, which
he held in his hand, there was a rich specimen of episto-
lary correspondence with the worthy Chaplain ; and he
supposed in the next annual report Alderman Sidney's
correspondence would be raised to the same elevated
distinction. The worthy Alderman had expatiated in