The Sun.
London, England, 1834-03-25 00:00:00

SPORTING INTELLIGENCE.

TA7 TERSALL'S.

THE DERBY. —The • busineis transact .1 yesterday
afternoon was neither so 1p avy in amount, nor an im-
portant in i s resul a as that on Thursday I:at, although
the attendance was ron.iderahly more numerous. The
current offers against 13aha.res were 6 to 1, nothing having
been done on him under 64 to 1 ; his friends were rather
shy. Bentley was not in great. r request than on the last
bettinz day: and Shelelah, quoted at the same price as
before, had very few backers. Plenipotentiary was a
shade better, anti Olympic about the same as in our last
quotation. Viator is reported to be lame, and, as a
necessary consequence, is, far the present, out of the
market. The outriders of Cooper's stable were again
backed at the old price, and three fresh horses were brought
into notice at " copious" odds. Closing prices :-
6 to 1 agst Mr. Watt's Bubastes
7 to 1 agst Mr. Yates's Bentley
9 to 1 agst Duke of Cleveland's Shelelah
11 to 1 agst Mr. Batson's Plenipo (taken)
15 to 1 agst Duke of Grafton's Olympic (taken)
20 to 1 agst Mr. Gardnor's Comet
22 to 1 aest Colonel Cradock's Emigrant (taken.)
25 to 1 agst Lord Jersey's Glencoe (taken)
2000 to 9n agst Mr. Walker's Delirium (taken)
1000 to 33 agst Mr. Forth's Doll Tearsheet cost (taken)
1000 to 15agst Mr E. Peel's Noodle (taken)
IMO to 30 agst Colonel Peel's Harum Scarum (taken)
10(.10 to Isagst Mr. Mills's Pincher (taken)
THE OAKS.--Nothing done.

SHIPPING INTELLIGENCE-(THIS DAY)

FROM LLOYD'S.

DEAL, MARCH 24.--Wind N., squally.—Arrived the Il de
la Piedad, Cabo, from Bilboa ; Santa Barbara, Tulon, from
St. Andero ; and Surrey, Kemp, from London, for New South
Wales. The Thomas Laurie, for New South Wales, has sailed.
The rest of the outward bound remain.

PORTSMOUTH, MARCH 24.—Wind W.N.W.—Arrived the
Fairy Queen, Artes, from St. Michael's.
PLYMOUTH, MARCH 23.—Wind W., squally.—Arrived the
Ranger, Keen, from Messina.
FALMOUTH, MARCH 23.—Wind W., fresh gales, and squally.
RAMSGATE, MARCH 24.—Arrived the Ruby, Bastler, from
Cork ; and Jane and Margaret, Burd, from YoughaL Off
port, the Lapwing, Osborn, from Lisbon.
DOVER, MARCH 24.—Arrived off port the Lord Nelson,
'Dist, from St. Michael's; and Hawk, Paul, from ditto.

POOLE, MA not 23.—Arrived the Hope, Hicks, from Lisbon.
PENZANCE, MARCH 23.—Arrived off port the Alonzo,
Hedding, from Charente.
BRISTOL, MARCH 24.—Arrived the Ada, Faulkner, from
Honduras; and Caroline, from Bilboa.

LIVERPOOL, MARCH 23.—Arrived the Robert Kerr, Morri-
son, from Mobile; Sophia, M`Millen, from Newfoundland;
Lively, Spittle, from Trieste; Emma, Parry, from Messina;
Despatch, Crabb, from Odessa ; and Ellen German, Blundice,
from Oporto.
GREENOCK, MARCH 22.—Arrived the Eagle, Scott, from
Charente.

Ymnuourit, MARCO 24.—Arrived the Astrea, Ayres, from
Stockton; assisted in leaky and with loss of anchor and chain,
having been on the Barbar Sand.
AMSTERDAM, MARCH 20.—The Vrien Dochap, Haziwinkel,
frim Warverood to Dunkirk, was stranded at Zondvoort on the
16th inst, and it was feared would be totally lost—cargo ex-
pected to be saved.

A large schooner belonging to Dundee, laden with herrings,
from Wick to Ireland, was driven on shore in Loch Enbol,
during a heavy gale on the sth inst., and much damaged, but
is expected to be got off—cargo saved.
The Two Brothers, Ruddock, from Lynn, put into Dunbar,
with three feet water in the hold, having struck on a rock,
bound to Leith.

The Oporto, Stewart, put intoLerwick, cargo shifted, and
with loss of boats, bulwarks, &c., bound to Oporto.

THE MARKETS.-(THIS DAY.)

HAY MARKETS.—(At per Load of 36 Trusses.)
CUMBERLAND.
Coarse heavy Lowland Meadow Hay £3 10 to £3 15
New .'oeadow Hay u 0 0 0
Useful Old Ditto 4 0 4 4
Rile upland Meadow and Rye-grass Hay 4 6 4 10
Clover Hay 4 5 5 0
Oat Straw £1 Bto £1 101 Wheat straw... 112 114
SMITHFIELD.
C, arse heavy Lowland Meadow Hay £3 5 to £3 10
New Meaanw Hay 0 0 0 0
Useful Old Ditto 3 10 8 15
Fdie Upland Meadow and ttye-grass Hay ......
Cover Hay (extra fine)....£s 0 ..Generally
Dat Straw ... £1 12 to £1 141 Wheat Straw 1 14 1 16

HUNGERFORD.
Coarse Meadow Hay £3 5 to £3 10
New Meadow Hay 0 0 0 0
Useful Old Ditto
Fine Upland Meadow and Rye grass Hay 4 2 4 6
Clover Hay 1 0 4 15
Oat Straw LI Bto £ 110 I Wheat Straw.... 112 116

THE FUNDS.-(THIS DAY,)

CITY, TWELVE O'CLOCK.

The only arrival this morning, with the exception of the two
French Mails and Express from Paris, are Newfoundland papers
to the 14th February at the North and South American Coffee.
house, and they are of little import. They contain the ad.
dress pi esented to his Excellency the Governor, by the Colonial
Legislative Council, in answer to his Excellency's speech on
the opening of the Colonial Legislature.
By the French Mail this morning, we have the follcwing
from Madrid of the 15th instant:—

Offers for a loan come from all quarters, London, Paris,
and Holland. There is also a National Loan on the tapis,
and it is expected that the property of the clergy will be
sufficient for the present wants of the Government; but
this is a delicate measure to adopt. The Government
are pressing the levy of the twenty-five thousand men,
lately decreed. Don Carlos, it appears, continues to organise
a small guard on the limits of the Spanish frontier, and
the Cabinet is continually occupied with the affairs of Portugal.
The organization of the Urban militia irritates the public
and perhaps will have an unfavourable result before long. It
is reported that some fresh discord has taken place between the
queen and her sister.

General Valdez would not accept of the Captain.generalship
of Valladolid; and General Canterac has replaced him.
The valuables of the cathedral of Toledo have been found
packed up, but by whose orders is not known.
The ac counts from Vienna state that Mehemet Ali and his
son are not satisfied with the peace, and are reinforcing their
army and fleet, to take advantage of the first opportunity that
may offer.
It is expected that at the commencement of the fine weather
the Emperor of Austria willmake a tour to the Tyrol, where he
will inspect the fortifications of Brixen, and from thence he
will proceed to Lombardy, Milan, and Venice.

IMPERIAL PARLIAMENT.
THIS DAY, TUESDAY, MARCH 25.

HOUSE OF COMMONS.

The SPEAKER took the chair at twenty minutes afret
twelve o'clock.

Mr. Woodthorpe, the town clerk of the city of London,
appeared at the bar ssith copies of all the oaths taken by
p•rsons when admitted to the freedom of the city, and of
all others administered to the various officers of the cor-
poration.
The Aberhaven Harbour Bill, the Montgomery Reads
Bill, and the Dundee Gaol Bill, were severally read a
second time.

Colonel EVANS presented a petition from two indit i•
duals against the bill for lighting and watching the parish
of St. Jimes,-Westminster.
The Gloucester G.s Bill was read a second time.

Mr. DIVETT presented a petition from Richard Wat-
son, in favour of the Dart Navigation Improvement Bill.
CHAIRMAN of the MIDDLESEX MAGISTRATES.
Sir SAMUEL WHALLEY said it would be in the
recollection of the house that he had wished, on a former
day, to present a petition from certain vestrymen of the
parish of St. Pancras, against the bill which was to allow
a salary of 1,2001. a year to the chairtnan of the Middlesex
magistrates ; and that, in deference to the opinion of the
house, he withdrew the petition, intending to give notice
to the hon. and learned member for Knar. sborough (Mr.
Rotch), who might be present, when it was presented
and who might offer any suggestions which might occur to
them in support of that salary. He now begged to call
the attention of the house to the petition. The vestry
men of St. Pancras remonstrated to that house against
giving a very large salary to the bolder of what had been
hitherto an honorary office. The county rates of Mid-
dlesex had in the coursesif the last few years very alarm-
ingly increased. From 1828 to the present period they
had increased from 35,000/. to 75,0001. The county
was also burdened with a debt of a quarter of a
million ; and, therefore, seeing the large increase
of the county rates, the petitioners had the very laudable
desire to economise the expenditure of that fund, and
they were far from unanimous in recommending so large
a salary. The bill had been concurred in only by a ma•
j,,rity of six magistrates—l 7 having voted for it, and 11
against it. Six magistrates, from motives of delicacy
towards the hon. and learned chairman, declined to vote
at all, and therefore he (Sir S. Whallrv) was justified in
inferring, that had they voted they would have been against
the hill, and it would then have been left solely to the vote of
the hon. and learned chairman in support of his own salary.
The office of chairmen to the Middlesex sessions was for•
merly an honorary one. No gentleman who had hitherto
held that office had required any emolument fire discharg-
ing those duties which all were desirous to fill. Again,
the large amount of salary proposed was strongly objected
to; because when he (Sir S. W.) compared the duty
which de%olved upon the chairman of the Middlesex
magistrates with the duties perforated by the magistrate s
of the police offices, he thought that the latter had a much
greater call upon their time, although they received only
800/. per annum, which was considerably less than the gen-
tleman to whom the petition referred would receive. He
did therefore hope that the house would not a inction such
a monstrous proposition, the sole reason assigned for which
was, that the duty devolving upon the chairman of the
Middlesex Sessions had very greatly increased of late
years. But the house should he aware that that increase
had been the act of the magistrates themselves, and would
so continue only a short time, as an arrangement was in
contemplation by which those duties would he considerably
lessened, and the chairman of the Middlesex Sessions
would have no greater duty to perform than the
chairman of the Quarter Sass one of any other county.
When no salary was attached to the office of chair-
man to any other county, he thought no distinction
should be made in the case of the county of Middlesex.
If the chairman was to receive a sal try, that salary ought
to come out of the c nsolidated fund—(Hear)—instead of
making it an addition to the county rates. He was sure,
as be bad the pleasure of seeing many hon. members of
that house who discharge! the vefy important duties of
magistrates in their respective counties, that they would
not advocate the drawing of any such line of distinction as
that to which he had alluded. He would leave the matter
in their hands and that of the house with confidence, and
be trusted that they would not pass a stigma upon the
office by making it one of emolument, nor pass a slur
upon the magistrates by making them parties to any such
proposition; for he (Sir S. W.) believed, that if the
Middlesex magistrates were asked their opinions it would
he found that a majority of them were decidedly hostile to
that proposition. With these remarks (reserving to him-
self the right of offering every opposition in his power to
the bill in its future stages) he would move that the peti-
tion do lie on the t.h'e.

Mr. BYNG said he applied for the introduction of this
bill, not that he thought it might be useful for the
county of Middlesex to Iran a chairman with d salary,
but because he found the magistrates were divided into
four different parties as to who should be thefittestperson
to fill the office.—( He ir.)
J Mr. HUGHES HUGHES said he might have appeared
to support the introduction of the bill, but he t.egged to
' inform the house that he had reserved to himself the right
of opp ring it.—(A laugh.) --
Mr. ROTCH said this petition was merely what it in-
deed purported to be, a petition against eiving the present
chairman of the Middlesex sessions 1,2001. a year, and
indeed as far as that went, and the observations upon that
point in particular, he should have been willing to let
them pass sub stlentiu. But when he found the hon.
member f Marylabone making observations which were
entirely at vatiance with f cts, he was bound to
make some reply to them.—(Hear, hear.) The bill
before the house, was not a bill to give the chairman
of the Middlesex sessions any salary at ail, but merely to
enable the magistrates to do so at any future time if
they thought proper. He was sorry to say many similar
sta.ements had been propagated to deceive the people of
lllMarvlebone. Had the hon. mendpr's statemetds been
founded in truth he should have given him credit for having
used the strongest arguments which could have been put
forth. The hon. gentleman conceived the office of
chairman of the sessions to be so honourable, and
requiring so little attention and labour that Le was
really quite astonished that after it had been held
by genthinen of independent fortune who performed
the duties gratuitously, any one should come forward and
him sal oy. Why, up to the very period that lie (Mr.
R.) was elected chairman, a salary was paid Mr. Const
of 7501. a year, and that gentleman only tried 200 cases
in a year. What was the difference? lie (Nit. R ) had
tried no less than 1,570 cases, dispos d of 100 appeals,
and sat 125 days in court, b;sides county days. If hon.
members would look at the return hi: !afore the house,
they would find that the Manchester sessions occupied
only 57 days and the Surrey sessions but 55 days, and
at Manchester there were no appeals heard,—(Hear.)
Now there were gentle's), n who, fur the purpose of de•
diving others, or through ignorance, affirmed that the
business was multiplied for the express purpose of in-
creasing his salary. The fact was, all the orders fur the.
new arrangement were passed belore the death of Mr.
riott, who immediately preceded him, for the moment
the office was given up by Mr. Const it was discovered
that twice as much was paid for tryine prison, rs at the
Oid Bailey as at Cletkenwell, and an order from the &ere-
tary of State was given for an alteration. Now what was
the result, of which this parish complained ? There had
been an actual saving of 2,1161. to the county,
in the space of nine months, and if all the cases had been
tried at Clerkenwell, which had been ordered, be did not
hesitate to say that there would have been a saving of
4,000/. He could not then conceive what reason the
parish of Marylebone had to complain. It bail been
said that the Middlesex Szssiona House was a rendezvous
for magistiates, but he assured the house he had sat there
the whole day with only one magistrate at his elbow. The
hon. memher had stated that the bill was carried by a
majority of six only, and that he knew six others who
: were not present, but who would have voted against it.
—(Hear, bear.) Now, he would say, that he came
into the county of Middlesex an utter stranger, and did
not know three magistrates in the commission of the
peace, and the genera; body only knex him as chairman
i,f the sessions, so that personal favour was quite out of
the question, and was it to be supposed that at meetings
where thousands of the public money was voted away, there
would be anything like a trifling attendance? On the con-
trat y, there weregenerelly from 30 to 40 ongistratespres, nt.
It was his (Mr. R.'a) opinion, that the bill should not he '
pressed upon the house. He was asked for his vote auil
gave one to the effect, that as his Majesty's Government
had been preparing some maasure, the bill should not he
urged before the house. A majority was against that
opinion, however, and it was accordingly bt ought forward.
.‘s regarded his (Mr. R.'s) exertions in his functions asl
chairman, he consulted nothing bir the good of the county
—he sacrificed his profession, and could not tie expected
to do 'so any longer for the interests of that county.
Dining the last twelve months he had saved that contra-
,nell a sum as 5,734/. The county rates were lightened,
and had begun to assume a better and easier manner of
collection. A gaol was built at Westminster, which con,!
rained 1,100 persons, though cue capable of conteining
200 or 300 would do.—(Hear, bear, bear.)

1e could tell the inhabitants of St. Pancras, and
Ihrylehone, that the city of London was renderine
their taxes he ivy. Let the expenses he considered that
were falling on them—the fees of Mr. Pope and all th,
fees that were levied at the Old Bailey ; one particular
fee was 31. 59. at the Old Bailey, while the same was hot
I/. 125. in Middlesex. The chairman of Middlesex should
he remunerated for his time and trouble. The entire o'
his time was occupied, and be should not be unrewarded
for it.

Colonel WOOD did nit think that the chairman of the
Middlesex Sessions was entitled to a salary ; at least, if
-uch should be given, let it be given by governtren',.and
let government have the noniination also of that chair-
man. There was a great number of police officers who
could take the chair ; they were receiving payment from
the public, and they could do the duty. The number
of cases was greatly augmented at the Middlesex Sessions.
In 1832 there were but 213 cases, and in 1833 there
were 1,281. Why was this—why were over 1,000 cases
taken from the Old Bailey where there was a judge to
try them? There was a Common Sergeant and Recorder
there, and a Judge always to assist them. (Colonel
Wood) considered it highly objectionable to have a salary
paid to the maeistrate for the Quarter Sessions. It would
meet much oppo•irion from those upon whom it fell. There
was no reason for sending such an additional number
of cases to the sessions from the Old Bailey—
(hear, hear)—but that they could be tried at less
expense at the former th in at the latter. Then it should
he remembered that the city of London had to maintain
the prisoners from the Old Bailey ; so that it was still a
matter of prudence to lessen the number of cases at the
Quarter Sessions. _ _ ,

----
Colonel EVANS was glad that the hon. and learned
gentleman had taken up the question in such a mild
manner, for he would then receive in a more calm and
temperate manner the announcement that he (Colonel E.)
should feel it his duty to give the bill all the opposition in
his power. He, for one, did not complain that the ma-
gistrates did not try enough of cases—but that they tried
too many. Capital punishments were now very much
diminished, and the maximum of punishment most gene-
rally awarded in the superior criminal courts was 14 years'
transportation. Now the hon. gentleman could not
deny that that punishment had been frequently given
at Clerkenwell. The bon and learned gentleman took
great credit to himself for the 1,500 trials which had
taken place under his direction during the last year; but
be would beg to ask him, did be include in that number
the 100 persons who were illegally convicted at what was
called the ":Mistake Sessions?' —(Hear.) Ten of those
persons were even now in prison, suffering, as he would
fearlessly call it, filse imprisonment.—(Hear.) He was
sorry he did not see the Under-Secret-try for the Home
Department in his place, for it was absolutely necessary
that they should either be tried anew, or discharged.
One case that exemplified the absurdity of the present
plan more than enough was that of a patina
named Palmer, who was tried for receiving stolen
goods, well knowing them to have been stolen. He
was convicted, and sentenced to fourteen years'
transportation. The principal concerned in the
transaction was tried before a judge of the land, and
it was there decided that he was " not guilty ;" so that
there was the strange anomaly of the receiver of the goods
found guilty at the sessions, while it was decided, in a su-
perior court, that the principal was not guilty, and, tif
course, that the goods had not been stolen. Those sta'e
ments, which could be proved, were strong fac's against the
bill, and were also strong in favour of the whole business being
taken before the regular tribunals. The hon. gentleman
had candidly stated that his predecessor, who had filled
the chair with much ability, and was greatly respected,
had a salary of 7501. a year, but he did not give any rea-
son why that salary should be raised to 1,2001. He was of
opinion that the government ought to have the appoint-
tnent of the chairman, and also be saddled with the pay
ing of his salary. He would give bis most decided
opposition to the bill, and be tin-iteil that the facts he had
laid before the house would be taken into consideration, and
relief be afforded to those persons who were now illegally de-
tained in custody.
Mr. ESTCOURT said that the house ought to be on its guard,
and not be led away by the fact of that being a private bill, to
which the house did not pay the attention they perhaps ought to do.
He always understood that the duties of the magistracy were
performed gratuitously, and that with great advantage to the
Country. Though tnat was the first time the question had
been broached in that house, he had seen many publications
upon the subject of paying a salary of 1,2001. to the chairman
of these sessions, who was to be elected by his brother magis-
trates. But in his opinion that would be the worstplan thehouse
could adopt, for he had reason to fear that even now they did
not meet to elect the chairman without feelings of partiality,
and those would be greatly strengthened if a salary were at-
tached to the office. In point of principle he objected to it, as
he considered it would be attendcd with great danger if esta-
blished. The petition should be received by the house in
a favourable manner, and the petitioners heard, by their
counsel at the bar, against the bill, as they prayed,
for the case was one of very great importance. There was now
an inquiry going on into the county rates generally, which he
trusted would lead to great improvement in their arrangement,
and to their being very much reduced. Then, in the very teeth
of that, uo not let them throw cold water upon the subject, by
adding to the burdens of one county such a large sum, without
giving the parties interested an opportunity of being beard
against it.

Mr. COBBETT expressed his astonishment that any gentle-
man would propo,e that the whole country should he taxed to
pay a magistrate for the county of Middlesex. What right had
the county of Wilts or the county of Dorset to pay the salary of
a Middlesex magistrate ? He was against the payment of even
police magistrates. The county of Middlesex drew towards it
all the wealth of every other county, and then taxed every
other county to keep it in a state of peace.—(A laugh.) He
should certainly give his opposition to the bill.
Mr. WILKS said that the sentiments contained in the peti-
tion were universally the sentiments of the whole county.
The hon. member for Oldham stated that Middlesex collected
all the wealth of the country, but it should be recollected also
what a vast quantity of pauperism and crime resorted to
(Hear, hear.) The operation of the county rates in that county
was most ruinous ; in Bethnal Green and many other districts
the rates could not be collected, notwithstanding all the efforts
that were made. It excited no surprise that when 1,2001
a-year was proposed to be added to that which was already so
overwhelming, the populace should interpose and not allow a
measure like that to pass.

Sir H. WILLOUGHBY stated that the proposed salary was
far too high. It was extraordinary that at a time when that house
and the whole country were anxious to see the criminal code as
complete and as cheap as possible, a new burden should be
added to the county rates.

Mr. O'CONNELL, as belonging to the profession of the law,
said there was no principle more clear than this, viz., that no
magistrate should be paid a salary by those under whose con-
trol he was ; the value of a barrister was that his opinion and
assistance might be taken and respected, but that respect would
be much lessened if he was subject to the control of his brother
magistrates. If the proposition to erect a chairman every six
months be adopted, it might happen that from partizanship,
or any ot.er motive, they would refuse to re-elect him.
As to the county rates, he was wholly ignorant of
them ; but he was of opinion that the judicial system ought
to be supported by Government, and that Government
should be made responsible for the proper administration of
justice. He hoped this dsscussion would have another ten-
dency, viz., that it would lead to the appointment of Courts of
Local Jurisdiction, and thereby afford to the public immediate
summary and cheapjustice. He did not wish for such a scheme
as that which was proposed last year by the Lord Chancellor,
because it was composed of such machinery that it could not
work, and it would require half a century before an opinion
could be formed upon the operation of its complicated details.
He would advise a return to the common law practice of
county courts, which should be perpetually sitting and dispo.
sing of business. He hoped the government would take up
the system of local jurisdiction and put down the system by
which the local magistrates had the power to appoint a chair.
man,. and withdrawing that appointment when they thought
proper. He really hoped that the hill would be withdrawn.—
(Hear, hear.) He was sorry that the hon. member (Mr. Rotch)
had thought it necessary to advocate the bill at all, as
it went to give himself a salary. If he (Mr. O'Connell)
were similarly placed in his own country he should not have
aken any part upon the subject.
Mr. BOTCH said the hon. and learned member could not
bave heard his observation, for it was of a very opposite cha.
racter.--(Hear, hear.) In his own court lie had also both
spoken and voted against the measure.
Mr. O'CONNELL said that he must certainly have misun-
derstood the hon. and learned gentleman, but he should now
wish to know who it was that advocated the measure. He
trusted that lie should never hear ofthe bill again.
Mr. ROTCH wished to reply to some observations that had
fallen from the hon. and gallant member for Westminster (Col.
Evans). That lion, and gallant member had asked if he (Er.
Rotch) had included in his 15,000 cases the 100 and odd that
had been illegally tried.—(Hear, hear.) In reply, lie had
to state, that he included only thirty-six (Hear, hear,)
in that number—those being the only ones tried by him, and
only twenty-five of them were left in his custody after their
Illegal trial. He was left solely to his own discretion respect-
ing them, and he discharged them. With the other eleven
that had been left session after session, he had nothing what-
ever to do after the sentence of transportation, for they were
handed over to the Secretary of State. As to the trials, they
were illegal from the adoption of a practice which he tried to
do away with, but was out-voted, and therefore he entirely
wiped his hands of them ; that practice was introduced
by his predecessor Mr. Const, and he had nothing to do with it.
With regard to the case of Palmer, he knew that a great deaf
of ridicule had been heaped upon him respecting it. He was
on that occasion assisted by a learned sergeant, who had often
been and was now sitting on the Circuit for one of the judges
id the land, and trying cases of the greatest importance. He
(Mr. R.) had been of opinion that no case was made out against
Palmer, but that learti...d sergeant was of a contrary opinion,
anti won him (Mr. 11.) over to that opinion,