The Sun.
London, England, 1866-03-14 00:00:00

TgAE SUN, LONDON, WEDNESDAY EVENING, MARCH 14, 1866.

with his 3 linisters has allowed himself to be com-
mitted t(, acts undoubtedly illegal. The deadlock
which U le Government of Victoria came to origi-
nated, as we all know, in a difference between the
two II ouses. The Council or Upper house repre-
sents, we believe, chiefly the intelligence and edu-
catiot t of the colony, seeing that the Assembly
is reca ruited by something approaching to universal
suff rage. We may, therefore, conclude that the
Cot meil would have been the less likely of the two
to ict in defiance of the Constitution, but in any
case the Governor was clearly wrong in acting
upon a bill as law when it had not passed
throy.gh both houses. It would be manifestly un-
eonst itutional and illegal for our Home Government
to pr oceed upon a bill which had been thrown out
by the Lords, whether rightly or wrongly ; and Sir
CILVGLES DARLING, in virtually superseding the
Council, was in reality showing as much hos-
tility to public liberty as if he had set
the popular assembly at defiance, and refused to
recognise the representatives of the masses. The
whole system of our constitution is based on the
principle of check and counterbalance. It is this
which keeps us happily oscillating in the medium
between Democracy and Despotism ; and however
inconvenient or tedious the old-fashioned obstruc-
tions may sometimes be to eager and ardent
apostles of progress, we in this country know their
value too well to dream of di§regarding
or removing them. There is, as Mr. CARD-
WELL in his careful examination of the whole
matter, very clearly shows no perplexity
which can arise in colonial government without a
constitutional mode of redress, as it would have
been better, as he points out, for the Governor and
his advisers to have referred the difficulty to the
decision of the Imperial Parliament than to have
adopted unconstitutional means for extricating them-
selves from their embarrassing position.

The history of the crisis is summarised by Mr.
CARDWELL in his despatch of November 27, so that
any one interested in the case may soon master its
history. It seems that the Assembly desired to
pass a law imposing certain customs duties, which
they had reason to believe the Council would dislike.
To insure its passage through the Upper House, they
therefore made it part of the ordinary Appropriation
Bill, or, in political phrase, " tacked it on," a prac-
tice which, as Mr. CARDWELL on a subsequent occasion
reminds the Governor, is always carefully avoided
in the Imperial Parliament. The Council, displeased
at the introduction of the tariff, refused the whole
measure, and consequently the Appropriation Bill
dropped. This is the point on which the Governor
and his advisers laid themselves open to censure.
Notwithstanding the failure of the bill in the Upper
House the Government proceeded to levy the dutie s
it imposed. Some merchants resisted the claim as
illegal, and an appeal to the Supreme Court issued
in their favour, but in spite of this decision the
duties were levied. On this head Mr. CARDWELL
speaks decisively. Irrespective of the judgment of
the Supreme Court, no ordinary consideration
should in his opinion have induced the Governor to
give his concurrence to the levying of these duties.
He shows that the reference to the manner in which
the Imperial taxes are levied by anticipa-
tion is entirely inaccurate, inasmuch as such
taxes are only levied because it is not doubted
that the resolution of the House of Com-
mons on which the bill enacting them is founded
will become law ; and if the other branches of the
Legislature withheld their concurrence, such levies
would be immediately stopped and the sums levied
repaid. In the case of the Victorian Govern-
ment there was a positive certainty that the
bill would not receive the necessary sanction.
" I look," says Mr. CARD WELL, " with extreme
apprehension on a state of things in which the
Government of a British colony is engaged in col-
lecting money by mere force from
_persons from
whom the Supreme Court has declared it is not due.
It is an example of violence which may do incal-
culable mischief beyond the limits of the colony in
which it has been allowed to occur." The other
means of raising money for the public service to
which the Governor and his advisers were forced to
resort is also severely censured by the Colonial
Secretary. It was impossible for them to draw
the money from the public account with-
out the signature of the Audit Commissioners,
and it was therefore arranged with the Bank to ad-
vance the necessary funds ; and it was agreed that
the Bank should at once petition the Supreme Court
for repayment of this loan, that the Government
should at once confess judgment, so as to enable
the Bank to repay themselves out of the public ac-
count. This transaction Mr. CARDWELL disap-
proves of very strongly, asserting that it could only
be justified by an " overwhelming public emergency,"
which did not exist; and he declares his opinion that
in three respects, "in collecting duties with-
out sanction of law, in contracting a loan
without sanction of law, and in paying
salaries without sanction of law, the Governor
and his advisers have acted unconstitutionally."
The immediate cause of the Governor's recall is
not, however, to be found in these errors of judg-
ment, but in his differences with the Council. It is
certainly not surprising that that body, indignant
at the manner in which they had been set aside,
should have addressed a respectful petition to the
Crown, representing " That the laws of the colony
have in a measure been dispensed with, the Constitu-
tion superseded, and her MAJESTY'S authority dis-
regarded, if not abused." And, in doing so, they
adopted the proper and constitutional mode of ob-
taining redress. But Sir CHARLES DARLING denounces
their conduct in the strongest terms,and expresses his
hope that the course of events may never again elevate
any of them to the Ministry, "since it is impossible
their advice could be received with any other feel-
ings than those of doubt and distrust." As these
gentlemen are naturally those who are most likely
to furnish candidates for office, it is evident that
the political system could not work under such
circumstances. It is also desirable that, after such
an open disregard of constitutional law on the part
of those in authority, some open and decided action
on the part of the Imperial Government should
testify its disapproval, even though the late Gover-
nor is a man of ability and reputation.

MR. THOMAS CARLTLE.—We understand that the
installation of Mr. Carlyle as Rector of our University, to
which office he was elected in November last, will take
place in the Music-hall on Monday, April 2, at two o'clock.
It is, we are glad to say, confidently anticipated that the
health of Mr. Carlyle will permit him to speak his address.
—Scotsman.

FATAL ACCIDENT TO A CLERGYMAN.—We regret
to record a distressing and fatal accident to the Rev.
A. S. Pott, rector of Northill, which occurred on Monday.
The rev. gentleman had been on a professional visit to his
solicitor, Mr. Hooper, of Biggleswade, and was returning
home. It is supposed Mr. Putt lost control of the horse on
which he was riding, as the animal was seen to pass
through Siddington toll-gate on the gallop, and when about
100 yards from the gate the horse. suddenly swerved and
threw its rider, who pitched on his head in the middle of
the road. On persons going to his assistance blood was
running from his mouth, nose, and ears. Ho was removed
to the house of Mrs. Williams, his mother-in-law, the
Grange, Caldecote, and medical assistance sent for. He
lived about an hour, but never spoke after the accident.—
Bedford Times.
DESTRUCTION OF A COTTON MILL BY FIRE AT
BURNLEY. —Yesterday morning information was
received by the various fire insurance companies of the
destruction of Messrs. H. Knowles and Son's cotton mill
Burnley, known as the Frimley Mills. The loss is esti-
mated at .£lO,OOO. Several portions working in the mill
are itipposed to have perished.

CORRESPONDENCE FROM PARIS.

(FROM OUR OWN CORRESPONDENT.)
PARIS, Tuesday Evening.

The discussion yesterday in the Legislative Body
elicited some very interesting facts in regard to the
position of the agriculturists. M. Magnin, in pro-
posing an amendment to the Address having for
object the abolition of various local imposts upon
corn, said that " the sufferings of the agriculturists
were very great, and nobody denied them. There
were three causes of the depression which now
existed—the depopulation of the rural districts, the
want of capital, and the increase of duties. There
were various explanations of the decrease in the
population of the rural districts—the chief was the
large increase in the army. (Several voices—
" That is true.") The successive calls for 140,000
men in time of war, and for 100,000 men in
time of peace, took away from agriculture
immense numbers of hands, and the agriculturists
could not afford to pay the high price of exemption
from service. Men who are under arms did not
work, and yet decreased the produce. Another
cause of the decrease of the population of the agri-
cultural districts was the emigration towards the
towns. From 1851 to 1861 the rural population
diminished to the extent of two millions. If the
account to the end of 1861 had been completed
the deficit would probably have amounted to
500,000. If machinery had not come to the aid
of agriculture, it would have been unprofit-
able to gather in the harvest in 1863 and 1864.
want of capital was the second cause of the
The sufferings of the agriculturists. Capital
had been taken from the land and invested
in various other securities. From 1855 to 1803
8 milliards 264 millions of capital had been taken
from France and invested abroad. Mexico, without
speaking of the expense,4 of the expedition, had
taken from France several hundred millions for sub-
scriptions which had been opened in France under
the patronage of the Government, and which, in
spite of the law, had tempted families by lots of
500,000 f., an operation disastrous for France, and
which could not be too severely condemned. Be-
sides, this the Government had authorised the Credit
Foncier to obtain in the departments money to lend
in the towns." The orator, in conclusion, entered
into some statements to prove that the third cause
of the agricultural distress was the increase of
imposts.
M. Vuitry, Minister and President of the Council
of State, refuted the arguments of M. Magnin and
other members. In order to prove the anxiety felt
by the Emperor for the prosperity of the landed
interest, he said that, while President of the Re-
public, he had caused larger reductions of imposts
than had taken place for fifty years. In 1851 there
had been a reduction of 17 millions of imposts upon
the land. "In regard to England," continued the
Minister, " which is always cited when reduction
of duties are demanded, it is well that the Chamber
and the country should know that in England the
average amount of imposts is 576.70 c. per head,
and that in France it is only 41f." The Minister,
in conclusion, opposed the proposal for an inquiry
into the state of the agricultural interest, on the
ground that it would do harm to individuals, and
excite want of confidence. The verbal amendment
proposed was rejected by 223 against 23.
The cholera has re-appeared in Lower Brittany,
and, it is said, in the provinces of France ; but it is
in a mild form, and the deaths have been very few.

Dr. Shrimpton, the most approved English mem-
ber of the medical profession in Paris, has just
published a pamphlet to prove that the cholera is
not contagious. He quotes various facts and
authorities in favour of his opinion. There have
been reports of the re-appearance of cholera in
Paris, but my inquiries in the proper quarter lead
me to the belief that they are untrue. There is,
however, a good deal of illness heie at present.
An important question of law and personal 'fight
is to be decided by the Civil Tribunal of Paris
on Friday. The point to be decided is whether a
journal which republishes a communique inserted by
another newspaper which defames a third party is
liable for damages. A communique is a communi-
cation sent to a newspaper by the Minister of the
Interior to rectify statements, which the editor is
compelled to insert. The Constitutionnel repub-
lished a communique which appeared in the Avenir
National, and M. Sandon, who thinks himself
aggrieved by the particulars stated in that
communiqué, cites M. Boniface, the editor of the
Constitutionnel, before the Tribunal, and claims
200,000 f. damages for alleged defamation of his
character.

The Moniteur of this evening announces that the
Emperor, yesterday, received the letters by which
enKminargkofDenmark and the Prince
thanks his Majesty for send-
ingeeross of the Imperial order of the
hisF Frederick
Majestydtherei eGh ra
of
Dnt
chi
Legion of Honoar. Also the letters of recall which
put an end to the mission of Gen. Torrico as Envoy
Extraordinary and Minister Plenipotentiary of the
Republic of Peru.

The Moniteur also mentions the receipt of a pri-
vate despatch from Madrid, which states that the
Minister of the Interior announced to the Congress
that the state of siege would be terminated this
week.

M. Duruy, the Minister of Public Instruction, is
reported to be rather seriously indisposed.

STATE OF TRADE.

MANCHESTER, March 14.—There has not only
a
in
market, pric es. Fora
in
been a pause in business to-day, but some slight
check
shipping
e spinners s yarns
r e
deeply
plhavey
under
strong
contract, but the demand has been scarcely equal
to what it was yesterday ; yet at a shade less than
the extreme prices spinners are asking a large busi-
ness could be done. In home trade yarns the
advance asked has also checked business. In the
cloth-market business, which was active and hard-
ening in prices up to yesterday, received a check
through the advices then to hand from America
of the plentiful supplies of cotton being sent
forward to the principal seaports. To-day, after
merchants have had time to consider the advices
brought by the steamship Europa, the effects
of the check are still seen in the diminished
anxiety manifested on all hands to operate, and in
the altogether quieter tone of the cloth-market.
Sellers, of course, after the recent activity, are in a
very independent position as regards fresh orders ;
but although they have made no alterations in their
lists of quotations, the tendency of prices may be
described as decidedly weaker. The business of the
day in cloth has been of small amount. Messrs.
John Slagg and Co. report of this day's cloth mar-
ket :—" The active demand noticed last Tuesday
continued till yesterday, when the arrival of the
American advices tended to check operations. To-
day our market is quieter, and we close with a small
business at slightly weaker rates."
CARDIFF, 12th.---Activity still characterises the
steam coal trade, and orders are being pushed for-
ward with much vigour, so that the men have no
cause to complain of slackness of work. In the
iron trade business is in about the same state as
when last reported, and although specifications come
in irregularly makers manage to keep their mills and
furnaces going. _

LEEns,-13t1;.—There has not been a full atten-
dance of buyers in the cloth-halls this morning,
but there was a moderate demand for seasonable
fabrics, including plain and fancy meltons and
tweeds, and prices were firm. The larger por-
tion of the spring goods trade being now over so
far as both manufacturers and merchants are
concerned attention is. being paid to fabrics
suitable for autumn, and on such and heavy
goods for winter manufacturers are well employed.
The price of wool, English as well as colonial, is
very firm at the recent advance, and stocks are
generally low. Hence woollen yarns and cloths
have an ups ard tendency.
RoCIIDALE 12th.—The state of the market to-
day showsthat the severe frost which stimulated our
trade last week has been but of brief duration.
Business has been below the average, and there
is little doing, except that a few buyers are
operating in the fancy flannel department. The
home merchants arc doing little in plain goods.
The local wool trade is flat, and staplers are asking
higher rates.

LA TEST INTELLIGENCE.

(REUTER'S TELEGRAMS.)

AUSTRIA.
VIENNA, MARCH 19.

It is stated that the Imperial sanction has been
given to the proposal, that treaties of commerce
should be concluded by Austria with the Argentine
Confederation and Hayti. Negotiations for this
purpose have already been entered into by the
Ministers of Commerce and foreign affairs.

SPAIN.

MADRID, MARCH 14.

The Chambers of Commerce of Seville, Vallado-
lid, Barcelona, and other principal towns in Spain,
have sent deputations to the Congress against any
reform of the corn laws.

TURKEY.

CONSTANTINOPLE, MARCH 7.

A proposal made by the French representative
at the Cholera Conference to stop the sea commu-
nication between Hedpaz and Egypt, in the event
of another epidemic, has been adopted. The Porte,
however, will not accept or enforce the measure,
fearing an insurrection among the pilgrims.

Reinforcements have been sent to Schumla pend-
ing the decision of the Conference now being held
at Paris.

CALCUTTA, CHINA, AND AUSTRALIAN

MAILS.

MARSEILLES, MARCH 14.
The China, with the above mails, arrived here at
7 a.m. this day.
The mails leave for London at 11.30 a.m.
Letters to-morrow (Thursday) evening.

FRANCE.
BOURSE, March 13, Three o'clock.—The market
closed at the following quotations :

per Cents 97 30
Do. end month —
3 per Cents. 69 70
Do. end month 69 77i
Credit Ilobilier 703 75
Do. end month
Bank Shares 3620
Credit Foneier —
Italian Loan 62 05
Do. end month 62 15
BAIL'

Roman .. —
Ottoman Fives —
Mexican Loan 4B
Do. Bonds 307 50
Russian —
Austrian
Spanish Threes
Home Debt —

Deferred

Orleans
Northern

PAYE.
Cash. Acc;t.
... ... 882 50
... ... 1140
... ... 915 -
- ... 557 50
... 568 75
... 547 50
... 140 -
- ... 411 25
... 422 50

232 o

98 75
••• 117 -
-