The Sun.
London, England, 1851-12-20 00:00:00

Ctitrb 4Ztittton

EXCHEQUER.-(THIS DAY.)

ROT/LSCH/LD v. ROYAL NAIL STEA3I-PACKET COMPANY.
This was an action to recover the value of a box of
golddust, which was alleged to be lost through the neg-
ligence of the defendants.
The Attorney-General and Mr. Willes appeared for
the plaintiffs, and Sir Frederick Thesiger, Mr. Crowder,
Mr. Greenwood, and Mr. Bovill for the defendants.
The ATTORNEY-GENERAL, in stating the ease to the
jury, said—The action was brought by Messrs. Roths-
child, the eminent firm of the City, against the Royal Mail
Steam Packet Company, to recover the sum of 2,2601.,
the value of a box of golddust, which, among other
boxes of the same character, was delivered to the
opmpany, for the purpose of being conveyed from
South America to this country, but was lost in
the course of the journey. In April of the present
year the plaintiffs had 11 boxes of golddust at Panama,
which they wished to be brought to London. Their
agent at that place, a Mr. Davidson, accordingly de-
livered them to the company's agent, and received from
him a bill of lading in which the company underto s
deliver them in the same good order and condition ;tkthe
Bank of England, injury or loss by the act of God, the
Queen's enemies, pirates, robbers, fire, accident by ma,
chinery, dangers of the seas, roads, and rivers, excepted.
The boxes were numbered from 151 to 161, and were
shipped at Chagres, in the steam-ship of the company
called the Great Western. The vessel arrived at the
Southampton Docks on the 7th Maps and the goods
were landed on the following daY• She brought
,e
home a great quantity of geci contained in
no less than 283 boxes.
On being landed they were
placed in waggons belongieS to the South-Western
Railway. The eleven boxes of Messrs. Rothschild were
loaded in a particular
Waggon' which contained alto-
The waggons were sent up to
London on the night
gether forty-six boxes.o f _
the 81b, acd when the train
arrived at the NiacElms Station on the next morning,
it was discovered that three oat of the 283 boxes were
missing ;
one of them being the box now in question.
On the same daY' the 9:h, Messrs. Rothschild received
a letter from the , company intimating the loss, and stat-
ing they would be happy to adopt any measures, or to
afford anY information which might lead to its recovery.
To this Messrs. Rothschild replied that they considered
the company was fully responsible for the safe delivery
of the goods at the Bank of England, and they would
leave them to take the necessary steps in the matter,
though ready to afford every information in their power.
The question that arose on this state of facts was
whether the Royal Mail Steam Packet Company was
responsible to Messrs. Rothschild for the loss so sus-
tained. They, the defendants, said the loss came
within one of those cases of exemption from liability
which were mentioned in the bill of lading, viz., losses
by robbers and the dangers of the sea and road. They
alleged they were prevented delivering the box in con-
sequence of robbers and the dangers of the road. Now
this defence involved questions of very great importance,
not only to the company but to all the merchants in this
country who imported bullion from South America,
especially as the company possessed the monopoly of
the carrying trade and steam-packet between South
America and England. The gold was originally ob-
tained on the western coast of South America, and
was brought across the isthmus of Panama to
Cleargres, which was on the Atlantic side of the country
—it thus passed through a country very much disturbed,
in which there were none or very bad police, and fre-
quently exposed to the incursions and attacks of rob-
bers. It became necessary to have troops to protect the
goods so transported. Before the gold got to the sea, it
had to pass a considerable way down the Chagres
river in barges, and here, too, the danger of transit
was considerable; and he apprehended that the excep-
tions in the bill of lading had reference to risks of this
kind, and not to a theft committed after the goods ar-
rived in England. He should show that the lots of the
particular box arose from the negligence and want
of foresight of the defendants. The gold was
brought up from Southampton like ordinary merchan-
t:V.2,4, in waggons covered with tarpauling. Instead of
placiag it under the care of the railway company, and
paying an additional sum, they left it to the charge of
their own servants, and the robbery was occasioned by
their carelessness.
The CHIEF BARON said it would be a question whether
a robbery c minuted between Southampton and London
came within the exceptions in the bill of lading.
The ATTORNEY-GENERAL said no doubt it would, but
he was prepared to contend, even supposing the loss was
excepted by the contract, that the negligence of the
company was the primary cause of the lose.
Admissions with regard to the receipt, non-delivery,
and contents of the box, being put in,
Sir FREDERICK TIIESIGIER, for the defence, said the
Royal Mail Steam Packet Company had no desire to
avoid any liability to which they were properly exposed,
and their only anxiety vvas to have some juaicial decision
as to the extent of the liability which was imposed upon
them by such a contract. lie admitted that whether
goods so stolen came within the meaning of the excepted
cases was a question of law entirely for his Lordship;
and the only point to which the jury would have to
direct their attention was that of negligence. He
should prove that there was no negligence
on the part of the defendants. Every precau-
tion was taken to ensure the safety of the
property. The train by which the boxes were conveyed
to London consisted of sixty-nine carriages and trucks,
aid started at nine in the evening from Southampton.
The waggons containing the boxes were covered with
tarpauling, well tightened .down and then locked, and
four of the steam-packet company's servants travelled
with the train for the protection of the property, and
whenever the train stopped they got out and kept their
eye upon the boxes. At half-past ten the train arrived
at Winchester, and it was hero by a preconcerted plan
that the robbery WaS effected. It appeared that about
four or fire o'clock in the morning of the 9th
a boy living at the Jolly Farmers' public-house,
Winchester, went down the garden for the purpose
of bird-nesting, and he discovered among some high
grass a box whieh turned out to be one of the three
stolen from the waggon. Suspicion fell upon a person
of the name of Pamplin who was seen to come to the spot
shortly afterwards, and he was arrested, tried, and con-
vietetf. Sir Frederick contended that under these cir-
cumstances the plaintiffs could not recover against the
company, a robbery of this nature being one of the
road.

Evidence as to the way in which the goods were packed
and guard,cl was then gone into.
The parties agreed that the points of law arisinr, under
the contract should be reserved for the Court above.
The ATTORNEY-GENIiRAL then addressed the jury,
in reply, on the question of negligence.
The CHIEF BARON, in summing up the evidence, told
the jury that the defendants were responsible fur the
goods provided ; th,e loss did not come within the ex-
cepted cases mentioned in the contract, and that negli-
ge,tee on the part of the defendants had nothing what-
ever to do with the question. If the contract did ❑ot
contain such an exception then the defendants would be
liable, whether the loss was occasioned by their negli-
gence or not.
The jury found a verdict fcr the plaintiffs for the full
amount on the principal pleas, subject to the opinion of
the Court above.
The jury intimated they considered there had been
negligence,

EXPRESS FROM PARIS.

[BY SUBMARINE TELEGRAPH.]
(From the Morning Chronicle.)
PARIS, SATURDAY, 9 A.M.
VOTE OF THE ARMY.
For ... ...

... 243,854
... 16,384
845

Against
Abstaining ...
VOTE OF THE NAVY.

For

Against ..
Abstaining ...

14,675
4,830
417

FRANCE.
Paris journals of yesterday have arrived.
The COnstitutionnel and the Pays contain leading
articles on the great question of the election. The
Conetitutionnel Baya_
Electors of France, honest men of all opinions,
Louis Napoleen Bonaparte asks if, in your opinion
and your conscience, I'l'9 intrepid act of the 2d De-
cember was good ; he "43 you if by that act, ac-
ooraphed by him in order to save you, at the
P rice of his own life,ad he merits that you
should continue yur conh. enee him, and give
him the right of comp pleting is work ? To this impor-
tant question, on which depend the destinies of France,
in the ballot which commences
on asks you to reply narnonees
on Saturday, and finishes oynesS:yunoduahy. aevenaZebeyrn'rlnCee
or by ' No.' If you reply
the certainty of a prophetic
which has told you with
patriotism, in face cf the groat trials wniethverwhpiet E-%h
society may be threat( ned—' Franca shall
in my hands,' arid who having already proved teyou
by Pia unheard-of :uccoss, the truth of that expression,eeof his
will prove it to you still better, when, to the for
faith, he should add that of your renewed assent. lf
You sh(,u'd reply No,' you will in your blindness open
the terrible abyss which the superior foresight of Louis
Napoleon has discovered in the future, and which his
powerful hand has began to close."
The Constitutionnel proceeds to show what might
have been expected, if the plot of the enemies of the
President in the National Assembly had succeeded as
regards him. A military dictatorship and civil war
would, it says, have been the inevitable consequences.
The article concluth,s as follows :
" This is a very incomplete summary of the cala-
mities of which dm success of the political conspiracy
would infallibly havo beets the source. "lend never-
theless
an: conspiracy was ready. It only
waited opportunity ; it had its measures all re-
rt.(' The Quc,atuie, its military staff, had made
•
211 its arrangements for the act to toll ,wt the vote as the
thunder follows the lightning, It will, perhaps, be said
that the conspiracy did not break out, that the bad in-
tenti,ns had been repressed by weakness ' What
then would have been the coneequen„?
The revi-
sir,n was impossible. France would be carried into
1852 by that cursed Constitution from which she
could not be delivered. TPO3O thousands of secret
societiez of which we have before given the sketch
would have organized, recruited, united, and armed
th.-mselves. France having no longer at her head
anything but a Government in its last agony,
would be delivered up to the horrors of a universal J_ac-
querie, and perhaps, alas! to the shame of invasion. The,

-- -
act of December 2, therefore, prevented two immense ca-
lamities, and assuredly one of them a political conspi-
racy, which, even if it had the force to conquer,
would have been radically
.incapable of main-
taining and pacifying its victory ; and an im-
mense Communist conspiracy,. which, if it had
found its field of battle and its time, would have
carried the power of evil to an irresistible degree, and
as far as horrors unknown to humanity. And now,
electors of France, honest men of all opinions, Louis
Napoleon Bonaparte, who has warded off such great
misfortunes who has already changed all the terrors of
French and European society into a state of security
almost miraculous—Louis Napoleon asks you if he has
done well, if he deserves to retain your confidence, and
to continues is work of social salvation. We have your
patriotism d,7our good sense as a guarantee that you
will replY
We find in the Pays an animated appeal to the pa-
triotism and good sense of the French people. The
salvation of society depends, says this journal, en-
tirely upon the moral force to be given to the Presi-
dent. We extract as follows the concluding portion
of the article :
"In 1814, when a million of foreign soldiers covered
the soil of our country, the Empire crumbled to pieces
under the weight of the humiliation which the invasion
imposed
on the country; but the nationality did not
perish on that account, as the Monarchy took it up.
France changed her regime; but under Louis XVIII., as
under Napoleon, she remained always France. In 1830,
when the hereditary monarchy fled to its third exile, it
did not carry away with it either the country, or society,
or authority, or even Royalty, which was to revive in
another family. It was only a revolution of dynasty.
In 1848, when King Louis Philippe ascended the
hackney-coach on the Place de la Concorde, nearly
at the same spot as Louis XVI. ascended the scaffold,
he carried with him the prestige and dignity of
Royalty; but he did not carry away the sovereignty:of
the nation, which could declare itself in a Republic.
It was only a revolution of government. But at
present a revolution would cause France not only to
change her name, institutions, and constitution, but
would lead to a change in her nature, since it would
affect her, not in her political right, which is relative
and variable, but in her social right, which is eternal
and immoveable. It would be a revolution of society.
At least, let not this government of a superior and
divine kind, which is at the same time the
origin and the object of humanity, totally perish.
Men are free to act; they may at their own
option cling to error or to truth; they may perform
, all the acts of life without rendering an account to
any one but God. But society belongs to no one, for it
appertains to all. It is an inviolable deposit, which we
have received from
our ancestors to transmit to our
sons, charged in their turn to hand it down to their de-
scendants. Men cannot sport with it, and cannot ex-
pose it through personal pride. Individuals, parties,
opinions, systems, everything ought to be sacrificed to its
preservation, when such a sacrifice is useful. It is that
sacrifice which we now ask from our country, our friends,
our enemies, and, in particular, from those who ac-
cepted the Republic as a better form of civilization,
liberty, and progress. Whatever may be our sen-
timents,
impressions, regrets, and hopes, let ns make it
without hesitating, and let sis vote on Saturday next,
without thinking of legality which has ceased to exist,
and obeying the necessity which calls for our vote. Le-
gality! we cannot any longer revive it, we can only
avenge it. In allowing a vote of necessity to fell from
our conscience and our hand, we will exhibit the only
useful and possible patriotism, that of common sense."
The Press*, which on its re-appearance contained
leading articles in support of the President, is, and
has been for the last three days, entirely silent, and
no motive is assigned by it for this suspension of edi-
torial comments.

The _lloniteur du Loire! contains the following :
" One of our friends has given us some curious details
relative to the prisoners at Ham. He had a few days
since an interview with General de Lamorioiere, and
was the first person who had visited the General since
his arrest. M. de Lamoriciere knew nothing of the
events which had taken place since the morning of the
2d of December, and was not aware of the presence of
several other Generals and representatives in the fort of
Ham, where each of them thought himself alone.
General de Lamoriciere toll our informant that, with
the exception of the loss of liberty, he had no complaint
to make of the manner in which he had been treated."

The Municipal Council of Dijon has transmitted
the following address to the President :
" M. le Paraident,—The Municipal Council of Dijon
has the honour to offer you the expression of its most
earnest gratitude on the occasion of the great act which
has been suggested to you by your love of country.
Strong in the imposing manifestation by which the
people testified its confidenee in 3 on on the 10th Dccember,
1848, you conscientiously tried to effect a❑ amicable
solution of the difficultiies without number with which
parties encompassed your infant government. In vain
France, by demanding loudly the revision of a Constitu-
tion that had its birth in the midst of tempests, supported
you with her sympathies in that struggle of patience
and self-denial. In vain the Councils-General supported
by their decisions the demand of a reform which seemed
capable of preventing the perils that threatened the coun-
try. Bad passions, reckless of so many warnings, did
not the less continue to prepare for us in 1852 the most
frightful calamities. It is true that, in the name of all
that is most holy in the interests of a great nation, you
adopted and executed the most heroic resolution to be
found in history. The wicked trembled, the good have
become re-assured,' in pursuance of the noble promise
you had given. And the population of our fair Bur-
gundy, under the impression of that immense benefit,
will hasten to take part in the grand ballot you have
proposed, in the same manner that they crowded only
some months since, on your passage to our city. We
have the honour, &c.
"Dijon, Dec. 15, 1851."