The Sun.
London, England, 1835-07-03 00:00:00

BRITISH AUXILIARY LEGION.

Yesterday at one o'clock; the Royal Tar steamer, a splendid
vessel, of 700 tons burden, dropped down to Woolwich, to
take on board powder, and after a short delay proceeded on her
voyage to San Sebastian. She had on board 500 recruits and
20 officers of the British Auxiliary Legion, commanded b.•
Major Kirby. This detachment was inspected while lvtag off
Woolwich by General Alava, the distinguished ambassador
from Spain to this Court, the companies a of Wellington
throughout the wholo of the Peninsul.: war, and at Waterloo;
and by Colonel Evans, the Com7l,ander. in-Chief of the British
Legion. The fatigue et:ning had been delivered out to the
men, they were dr:wn up three deep around the deck, and
really, as a. le hastily collected together, they presented a
surrnsingly military and good appearance. General Alava
aut Colonel Evans addressed the men and officers at some
length. The former assured them that they would be received
as friends and brothers by the great mass of the Spanish people,
and that their comforts and subsistence would be anxiously and
fully attended to by the Spanish Government.
Colonel Evans, in the course of his observations, remarked,
that he felt it a high and most distinguished honour to have
been offered this command by the Spanish Government, and
especially through the medium of one so experienced and'dis-
tinguished, and above all so well and pre-eminently acquainted
with the officers of the British army, as General Alava is
known to be. -

He stated that when the proposition was first made to him,
it was accompanied by an assurance, generously made by the
Ambassador, that he would ask permission of his Government
to accompany the legion in its operations as the intermediary
with the native authorities--an office which General Alava had
so well and patriotically filled on so many former glorious oc-
casions. Colonel Evans dwelt on the advantage to be deriVed
from being thus accompanied by one of the most illustrious and
influential Noblemen, possessing also one of the largest pro-
perties in the very centre of the scene of operations. He stated
that there was every probability of the Spanish Government
yielding their consent to this arrangement.
He complimented the men and officers on their excel-
lent and orderly conduct ; exorted them that they owed
it to the Spanish Government, to the English character,
and to their comrades, who were to follow in rapid suc-
cession, to observe a strict discipline and a similar or-
derly conduct with that which already so creditably distin-
guished them. He added, that they went to Spain—not,
as some violent partisans might pretend, to promote revolution
and anarchy—nor as others equally erroneously might appre-
hend, to further the ends of despotism ; it was for neither
the one nor the other of these purposes, but merely to sup-
port the cause of the Queen of Spain, which in reality was
the national cause—the cause of moderate and rational go-.
vernment—the cause in fact, with comparatively a small ex-
ception, of the whole Spanish people.
" Now is the time," he said, " for any who may have the
slightest complaint to make to come forward, and he would
gladly remedy it. He explained to the men that the bounty
given by 'the Spanish Government was at least twenty-five or
thirty shillings more than that which is granted to recruits for
the British army ; since in the King's service the necessaries
are deducted from the soldier, and given gratis to the soldiers
of the Legion l" Not the slightest complaint was made, the
most perfect content was exhibited, and the Ambassador and
Colonel left the ship with the loudest cheers and applause.
He promised the men that he would himself present them
their colours in a very short time after their arrival at San
Sebastian. Altogether the appearance of this body of young
men presented a most satisfactory and gratifying scene.
Three months' pay was, we understand, delivered to the
officer in command of the battalion. A second battalion will
be embarked on Sunday next for San Ander in the London
Merchant Steamer.

A rumour has been spread that the Committee of the
House of Lords appointed to consider how the vacant office
of Clerk-Assistant ought to be dealt with, is likely to
recommend the abolition of the office, or, what is the same
thing in effect, that its duties should be performed by one
of the present subordinate clerks. There can be no doubt
that the salary ought to be reduced ; 4,5001. a year is sti
excessive remuneration for duties not onerous, however
important, and lasting for - only six months in the year.
But we should regret to see the office abolished or cons
ferrcd on any one but a person of approved talents and
knowledge, or reduced to so low a salary as not to be worth
the acceptance of one of the very few persons who would
be fit for it. The importance of the duties is slot perhaps
generally understood. As the Speakership of the House
is constantly chancing, the Clerk-Assistant is the
virtual secretary of the House., as far as the 'mere
business of the House, aet;:tig as a legislative 'body,
is concerned. It is his 'uusiness to watch every de-
bate, and ascertain the'', every amendment that is carried,
with respect to a Pll d
, . ,is properly inserted. It is his busi-
ness to recor-.Agit that passes, and to superintend the ar-
rangemo
e's and printing of the votes, journals, and reports.
Buil so far as the House is a Court of Appeal, and a Court
whose decisions are immutable, his responsibility is still
greater. It is his business to draw up its decrees—decrees
with respect both to legal and equitable points, and from
English, Irish, and Scotch tribunals. He is to draw them up
sometimes from viva voce judgments, and sometimes from
short minutes. It is obvious that this requires accurate and
extensive knowledge, considerable talents, and perfect inte-
grity. It appears to us that to trust such duties to any un-
tried person, or to any of whose fitness the public
knows nothing, merely to save the expense of a salary,
would be a miserable economy. In fact, it would be a
gross injustice. It would be an injustice to every suitor in
the Supreme Court of Appeal. A single error, arising
from a decree unskilfully or negligently drawn, might cost
the parties far more loss than the public would gain by
saving ten years' salary of a competent person. Even ad-
mitting the possibility that a person selected from among
the present subordinate clerks might on trial be found com-
petent, still this is an experiment which ought
.not to be
wantonly tried, if the means of making a more promising
choice are at hand. And certainly no one can doubt that
the whole Bar offers better materials than the nine or ten
comparatively obscure persons wbo now sit round the table
of the House of Lords.-2lforning Chronicle.
We have received a communication from Cambridge,
-from a quarter of the highest respectability, on a subject
which must attract considerable attention. In our univer-
sities it has long been customary for the tutors of colleges
to make a profit of their pupils, by recommending particu-
lar tradesmen to them. The students do not pay their bills
to the respective tradesmen, but to the tutors, who do not,
however, hand over the money so received to those to
whom it is due, but retain it in their hands for one, two, or
three years, to profit by the interest, or other Wise. It is
but just to the tutors of Corpus Christi College, Cambridge,
to state, that they are not chargeable with this practice. It
is quite clear that the tradesmen must charge high, in order
to indemnify themselves for the profit made by the tutors,
and that the pupils are the sufferers. Every one knows
how a west-end tradesman charges a nobleman or gentle-
man whose bills are only paid once in three or four
years. Fleecing pupils in this way is no doubt a scandalous
mode of remunerating themselves for their labours. If
tutors are at present underpaid, they ought to increase
their charges. Be this, however, as it may, a circumstance
has occurred at Cambridge, which will probably put an end
to the system. A tutor of one of the colleges, notorious
for his dilatoriness in paying the tradesmen of his pupils,
has lately accepted a living. Being peculiarly distinguished
for his professions of sanctity, the tradesmen perhaps con-
ceived him a safe, though a very long-winded, depOsitory.
But patience has its limits, and the tradesmen became cla-
morous for the money received by him in what may be
called the character of their agent. To their astonish-
ment, however, his solicitor has recently called a meet-
ing of them, and made a statement to them, from
which it appears that, in his double capacity of trustee
and agent for them, he has received little short of 20,0001.,
and that he can produce effects to meet their claims
which will not pay ss. in the pound. To some of the un-
fortunate tradesmen the consequences will be almost ruinous.
The tutor in question was a great Conservative, and hav-
ing, in common with other tutors professing the same opi-
nions, patronized the tradesmen who voted for his friend,
Sir Edward Sugden, the sufferers are all supporters of the
Conservative cause, which has thus received a severe blow
through him. It required only an exhibition of this kind.
to shame the tutors out of this most disgraceful mode of
sharing in the plunder of their pupils. If tradesmen be
kept out of their money for two or three years, they will
take special care to indemnify themselves by most exorbi-
tant charges. We do not mean to saY that young men
'should be intrusted with large sums of money, in order that
it may not be necessary for them to run in debt to trades.
men ; but if the tutors of Corpus Christi College have
shown that credit can be given to pupils without keeping
tradesmen out of their money for two or three years, the
tutors of other Colleges ought to be taught to follow their
example.-21forning Chronicle.
We have only sufficient space to-day to call the attention
of our readers to the petition presented by Mr. Shaw last
evening, relative to the intimidation practised at elections
by the Irish Priests. The facts stated in this petition
caused a thrill of horror throughout the whole House—
even Mr. O'Connell had not the courage to attempt to pal-
liate the enormities committed by these men, and when Mr.
O'Connell is silent in defence of his allies, the Priests, their
case must indeed be bad. We shall return to this subject,
for it is one in which the Legislature now must interfere.
—Morning Post.
In the House of Commons last night, Mr. Fox Maule
brought up some returns from various counties in England,
and stated that he was unable to present returns from all
the counties, as the Clerks of the Peace of some of them
had refused to make the returns until their expenses were
paid, or until they knew to whore they were to look for
those expenses. This led to a discussion, in the course of
which Mr. Hume made a very• just observation, to the ef-
feet that the present system, as related to the Clerks of the
Peace, was essentially bad, and that, instead of being re.
munerated by feeS, they should be paid a liberal salary,
equivalent to the whole of their time, in which case
such squabbles as this could not have occurred. It is
not to be denied that as long as the Clerk of the Peace
is to be paid according to what he does, the House of
Commons can have no right to impose heavy duties
upon him without giving him an equivalent for his
labour ; but it becomes a serious question, whether the
principle hitherto adopted in the remuneration of those
Gentlemen is either convenient in itself or advanta-
geous to the public. We are apt to believe that it is
neither the one nor the other. The system of being paid
by fees opens a wide field to chicanery, and, even where
parties are not unscrupulous, offers a temptation which men
might be pardoned if they lacked fortitude to resist. It is
astonishing how it pervades through every department in
this country, notwithstanding that it has, in many instances,
led to the grossest flagitiouseess. We can remember that
a complaint was once made to the House of Commons that
it was the practice in Middlesex to charge I ls. Bd. for the
discharge of the recognizances of any one who was held to
bail. We hope this practice does not still prevail, for a
more unprincipled one cannot well be conceived. It may,
perhaps, be legal—it may be a vested right, which
the Clerk of the Peace may think it hard to be deprived
of, but, as regards the parties who are thus mulcted,
it is absolute extortion. They enter into recognizances
to appear on a given day to answer any charge against
them. The day comes—they are charged—tried—
perhaps acquitted. They return home, and in some 10
or 12 days afterwards their sureties receive a letter to the
effect that they were bound in recognizance that so and
so should appear to answer such a charge against him at
such a Sessions, and that, he not having done so his recog-
nisances have become estreated unto the Exchequer, and
executions will be placed in their houses, unless they pay
the amount for which they have respectively become surety.
Terrified and alarmed, they fly to the Clerk of the Peace, and
be tells them that they must pay lls. Bd., in which case the
recognizances will not be enforced. If he should happen to
be found guilty the same process takes place, which renders
the falsehood " he not having appeared," the more glaring.
This may be law, but it is the grossest possible outrage upon
every idea the mind can entertain of justice. An innocent man
may—nay, the fact repeatedly occurs—be dragged before our
tribunals, and it is not enough that he is put to all the
uneasiness of suspense, and to all the expenses attend-
ing his defence, which be cannot recover from his
prosecutor, but the Clerk of the Peace must step
in at the close, not only to fleece him, but to terrify
his friends, that they shall have officers in possession
of their goods, though the person for whom they went
bail may have complied with every obligation which they
had pledged themselves he should perform. We have
already said tttat we know not whether this system of legal
extortion is still permitted to prevail, and our only object.
in referring to it on the .present occasion is to point out the
public
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practice so unworthy of a person filling a public offieF As
the matter stands, with respect to the returns ordered by
the House, we confess that, as long as the vicious system
is suffered to continue, the House of Commons has no
right to stand upon its power, and say to the Clerks of the
Peace, " You shall give us your labour gratuitously,"