The Sun.
London, England, 1834-10-08 00:00:00

And the Examiner remarks on these words—

" We can see nothing in the judgments severally deli-
vered by the Learned Gentlemen which at all contravenes
or explains away the inevitable and common sense interpre-
tation of these words, and surely it is a mistaken and dan-
gerous lenity to give decisions in favour of the franchise
which will not stand good before a Committee of the House
of Commons."

But, unfortunately for the accuracy and research of
cur contemporary, this clause does nothing more than
point out the mode in which the shilling may be col-
lected, and in itself contains no disqualifying words.
The 27th section of the Act, however, which does, is
as follows :

" That no person shall be so registered, unless such per-
son shall have paid, on or before the 20th day of July in
such year, all the poor rates and assessed taxes which shall
have become payable from him in respect of such premises
previously to the 6th day of April next preceding."
We need hardly point out, even to our lay readers,
that the ls. for registration does not come under the
description of either rates or taxes payable in respect of
the premises for which he claims to vote. And it is to
such rates and taxes that the disqualifying words are
expressly confined—and it is quite clear that a party
might be in arrear for rates or taxes for other premises,
either in the same borough or in a distant part of the
kingdom, and yet be entitled to his vote. This same
provision has also, with respect to the freemen, given
rise to much contention, and a question has been
raised as to whether the freemen whose names are
returned to the Barristers by the Town Clerk are
liable to the payment of the is. at all. And though the
words of the Act are, " that every such elector whose
name shall be on the register, shall be liable to the
payment of ls," &c., as above, yet it is contended that,
as a freeman may live out of the parish or borough,
and therefore not be liable to be rated, that the sub-
sequent provision as to the levying of the shilling as
part of the rates, shows that it was not intended to
apply to freemen. To this it might be answered, that
the Statute is merely directory in pointing out one
way in which the shilling may be levied. But without
professing to enumerate or decide upon all the argu-
ments pro and con, we will merely observe that, as this
provision has been productive of much angry feeling
and considerable trouble, we trust that, on the above
grounds, to say nothing of the apparent hardship in its
being an annual tax on borough voters, while a county
elector may only have to pay it once in his life. This
is the last year it will be allowed to exist ; and that on
the Bill for the Amendment of the Reform Act being
brought forward next Session, this vexatious and
paltry enactment will be expunged from the Statute
Book.—Morning Herald.

We are glad to find that the Lord Mayor has,
though at the eleventh hour, or rather at the close of
his eleventh month, threatened to take in hand those
abominable nuisances, mock auctions, which, to the
disgrace of the police, both of London and Westmin-
ster, have been so long allowed to defraud the public,
and especially to prey upon the unwary. Justice,
whether in passing through the Strand, the Poultry,
or Cornhill, must indeed be blind, or it cannot avoid
seeing these places, where the most open system of
plunder prevails, carried on daily by means of the same
impudent actors and actresses. But the blame is not
altogether with the Magistracy, the Lord Mayor
rightly enough saying he shall point out their practices
to the Excise. In this, we hope, he will be more
successful than we have been, who, over and over
again in this Journal, have for years past drawn the
attention of this Revenue Board to this crying fraud
and nuisance ; and yet, though some or other of the
Commissioners, and some scores of their officers, must
daily pass these receptacles of fraud, they seem to
have been, one and all, as conveniently blind as the
police officers and the Magistracy. The fellows who
live by this species of plunder may, perhaps, think it
hard that they should be routed out, or interfered with,
while those greater miscreants, the keepers, high and
low, of the various gaming-houses in the metropolis,
are allowed to carry on their depredations with impu-
nity. As between these parties and the Magistracy,
or whosesoever duty it maybe to look after them, this
may be very true. We are, however, obnoxious to no
such reproach. We object to both the nuisances
alike. We chellenge and arraign at the bar of public
opinion alike those who suffer the continuance of one
or the other. With regard to the lesser nuisance of
the two, we hope the new Lord Mayor will keep his
eye upon it, and complete the work which his prede-
cessor has at length begun. The cheating E. 0.
table on a race-course is not more flagrant or obvious
than this impudent, open fraud in the streets. Yet
while the tosser-up of a halfpenny is doomed to clur- .
ance vile, these swindlers are allowed to go on cheating
every one, laughing at their dupes, and actually beard-
ing justice on its seat.—Morning Herald.
It has given us unfeigned satisfaction to hear that
the late strike on the part of the builders' workmen is
fast dwindling into insignificance, and that the base in-
stigators of it are likely in a very short time to be th.c
sole remnants of the conspiracy. Many of the yjas-
ters, we believe, have already obtained their full, com-
plement of men) and the remainder are only waiting to
make a selection of the best hands ere they, complete
their number. All those workmen too, be it remem-
bered, who have returned to their work have proved
themselves superior to the arts of the demagogues who
betrayed them, and have signed the masters reasonable
requisition. This cannot fail to prove a beneficial
result both to masters and workmen, and to us it is ex-
tremely gratifying, because we may, without presump-
tion, take credit to ourselves for having been instru-
mental in directing public opinion to a right view of
this really important question, and in pointing out to
the deluded workmen the folly and wickedness of the
conduct of these designing knaves who called themselves
Unionists. Our Correspondent the " Architect" has

sent us another letter, which we have inserted because
he has adverted to the monopoly question, although we
trust his other arguments will be scarcely required in
addition to those with which the public are already fami-
liar. The monopoly-cry, it will be recollected, was
first raised at the meeting of small masters, at which
Mr. T. Duncombe presided; and of course, proceeding
from such an assemblage, and with such a president,
it could not attract serious or general attention. Wc
are relieved from entering into this branch of the sub-
ject, for the working classes very quickly discerned the
object of Mr. Duncombe and his small-master consti-
tuents, and their organs of the Press have very copi-
ously, and some of them very ably, discussed the
motives and conduct of the small masters, and have
proved to demonstration that their public abuse of the
monopolists, as they were pleased to term the large
builders, was not poured forth to serve the workmen,
but to advance their own private interests, by inducing
the public to transfer the business into their hands.
The workmen, too, with a shrewdness and frankness
which are equally creditable, admit that it is infinitely
better for them to be employed by capitalists, who can
afford to pay them tolerably good wages, without any
postponement on a Saturday night, than by small
masters who screw them down to the lowest sixpence,
and are frequently unable to make good their agree-
ment when the wages become due. On the score of
advantage to the public, so long as there is a fair com-
petition (and we think there is no want of that) the
question between capitalists and no capitalists does not
admit of much doubt.—Morning Post.

Some time since we promised our readers that we
would take an opportunity of examining the reports which
have been presented by the Commissioners of Excise
Inquiry, and we intend, as briefly as possible, to place
before them the substance of the very voluminous, but
valuable, evidence and reports which have been printed
under their direction. Nine or ten reports are printed,
referring to spirits, wines,- tea, starch, vinegar, stone-
bottles, and sweets, besides that upon the summary
jurisdiction, and other powers and privileges, at pre-
sent executed and enjoyed by the Board of Excise.
This we regard as the most important, and although it
is the third report, we shall bring it first under the no-
tice of our readers. Few perhaps are acquainted with the
extent of the power of the Board of Commissioners of
Excise, and especially with the business which is
brought before the summary Court of Excise. It consists
of—proceedings for penalties under the numerous enact-
ments of the Excise laws, including the condemna-
tions of goods seized ; proceedings for double duty, as
a means of securing the payment of single duty ; pro-
ceedings on complaints, being applications for repay-
ment or allowance of duties levied on parties according
to the strict application of the law, but under circum-
stances which appear to entitle them to relief. Before,
however, we say a word upon the character or consti-
tution of this Board, we will quote the recorded opi-
nion of the Parliamentary Commission of Inquiry into
the Excise, which is as follows :—" Nothing, we con-
ceive, short of a necessity incontrovertibly established,
is sufficient to justify the continuance of any branch
of the public judicial institutions, of which the cha-
racter arid composition strikes every observer as sub-
versive of all principles of justice. The mere exist-
ence of such a tribunal we consider to be an evil of
scrious.magnitude."• The character and composition
alluded to in that report, consists in the Judges
of this Court of Excise being appointed by
and removable at the pleasure of the Crown ;
and that the evidence against the party to be
tried is brought forward at the instance of, and
supported by, the testimony of the agents of the
Judges ! Before the case can come into Court, these
agents must have been in constant communication with
the Judges who are to decide upon its merits, and who
in their Board-room have already decided that there is
sufficient evidence to condemn the party to be tried ;
and moreover these agents are to the moment of trial
collecting evidence through the officers employed on
the premises of the accused, and who have access t 5,
his house and works, and can watch every movement
he makes. It has long surprised us, and we have
frequently expressed our surprise, that those leading
Journals which are daily pressing their great anxiety
that the liberty of the subject should not in any way
be infringed, and wino lately so violently abused the
Government on account of the comparatively trifling
power given to the Commissioners of Police and Poor
Laws, should not long since have used their ut-
most endeavours to remove such an anomaly as the ex-
istence of this most tyrannical Court. This would
have reflected more credit upon them than they have
obtained by the tissue of falsehoods and misrepresen-
tations they have lately promulgated. The Commis-
sioners of Excise Inquiry appear to have attentively
examined into the expense and duties of this Court, and
also into the effect produced by this establishment, and
we confess we are surprised that Sir Henry Parnell,
who has distinguished himself by a most ardent desire
to improve and abolish, where practicable, all laws
(Effecting the industry of the country, should have
agreed to a report on this most important branch of
the inquiry, without examining a single person sub-
ject to; and working under the Excise Laws, or with-
out attempting to obtain their opinion of its efficiency,
and of the justness of its decisions. It is true that
the Report strongly recommends the abolition of
this Court; but it also states that the inquiries
have satisfied the Commissioners that this " branch
of law is so administered as to be pretty satis-
factory to the public in its results, and that,
therefore, although it is indefensible in principle, and
inconsistent in practice, they cannot recommend its
instant abolition. Let us look then for the evidence
upon which it is stated that the Excise laws are admi-
nistered to the entire satisfaction of the public, and we
shall find it consists of that of the Judges themselves,
their Assistant Solicitor, and a Magistrate !—There
is no evidence from manufacturers or dealers who are
unfortunately obliged to submit to the excise regulations.
No evidence, in fact, from any one but those who are
interested in supporting this most unconstitutional
Court I We are, however, still more surprised at the
report after perusing the evidence of the Commis-
sioners of Excise. For instance, Sir F. Doyle takes
great merit to the Court because there have been very
few appeals from its decisions, and this part of his
evidence is quoted in the report. Here it IS not diffi-
cult to ascertain the reason of this absence of appeals
from the decision of this Honourable Court, and we
will detail a few of them. First, then, the penalties
awarded by this Court are so perfectly insignificant 'co
those they might and ought to claim, that every on must
feel that all they could possibly gain by an arrperil would
be an increase of penalty, increased expesices, and ad-
ditional rigour from the agents of the Commissioners
for the future I Secondly, th at not above one-half of
the penalties awarded by thip-tourt are recovered; and
thirdly, that an appeal must increase the publicity of
the case I For these rea...4ons the decisions of this Court
must be popular with •(hose who are brought under its
jurisdiction, but is at the same time, equally popu-
lar with the hones;,; trader ? Is he satisfied with the
conduct of the I.lommissioners ? Does he approve of
a sentence wh;(ch, from its leniency, only holds out an
inducement '-‘o the continuance of the frau& upon
the Excise, ar,d by which, perhaps, his neighbour has
already nefa),--
y destroyed his trade, by the low price
he is ena.'sited to supply his customers ? We say, arc
decisions, awarding small penalties, of which only
half rare recovered, popular with any but the fraudu-
lent. traders ? Is justice done to the honest trader by
sr.egi decisions ? We confidently say it is not : the
interest
of the fair trader is injured, and the interest
of the revenue neglected by this Court, which claims
to itself the merit of giving universal satisfaction. Had
the Commissioners of Inquiry examined a few manu-
facturers who had not yet experienced the kindness of
Judges appointed to protect them, and whose greatest
anxiety appears to be to protect the smuggler, and
annoy the respectable trader, they would have mad-
different report. The Commissioners of,•Ex,-..:ise Csae
~ne revenue,
two duties to perform, viz.—to protect
.s tradesman.
and support the honest and indur•Lor.pu-
-I';h.eT-know anything of
The latter, in an economicalld
political economy,
most important duty ; for •
quantity view, is their
would b
SOOll infh be aware that a small
'any "eonimodity sold below the market
-kenees the price of the whole quantity sold. In
price,
this way it •
is that the smuggler injures the
trader. His
e induced honest
by the advantage he obtains to
sell ow an
in this wa' there is