The Sun.
London, England, 1850-05-04 00:00:00

THE SUN,

his profession, from practising until he paid a further
sum amounting to 121. per annum, ilt resident in
London,. or 8/. in the country. has in-
deed compelled many persons to relin-
quish practice altogether, and is the more
indefensible, as recent legislation, and the establish-
ment of the county courts, has tended to the mate-
rial diminution of the emoluments of attorneys and
solicitors.
At present gentlemen are compelled to pay a stamp
duty of 1201. on signing their original articles.
There is then a further charge, on admission, of 25/. ;
and then the annual duty of 121. or 81., as the case
may be ; and if, after these enormous demands are
satisfied, they are so fortunate as to realise incomes
amounting to, or exceeding 1501., the collector of the
property and income-tax makes his claim, which is in
the same proportion as if the party received his profits
without trouble or exertion from dividends in the
public funds, or well-circumstanced ground rents.
It appears to be forgotten that the hard-working pro-
fessional man, who has probably expended the greater
portion of his patrimony in qualifying himself for
practice, must set aside a considerable portion of his
gains in order to provide for a rainy day, when disease
may prevent him from continuing his exertions, or old
age may compel him to relinquish practice ; and, if a
married man, he must also keep up a policy of
insurance for the benefit of his family. These
various drawbacks will probably reduce his net
income to one-half its original amount. But let us
see how much we must contribute to Government out
of that reduced sum.
Let us, exempligratia, assume that a solicitor resid-
ing in the metropolis realises a net profit of 2001.
per annum by his exertions. He has paid in the first
instance, 1451., which may be fairly calculated as
being worth 141. 108. per annum during the period
he may continue to practice. There is then
the annual certificate, 121., and income, Si. 16s. Bd.
total, 321. 6s. Bd., which the attorney con-
tributed as his proportion of the national expendi-
ture, or 151. 3s. 4cl. per cent. on his income, while the
fundholder, with 6,666/. 135. 4d. in Three per Cent.
Consols, only pays 51. 16s. Bd., or 21. 18s. 4d. per
cent., being less than one-fifth of the amount which
' the professional man must pay.
Sir CHARLES WOOD is, however, deaf to all such
arguments. "He would not enter into the merits or
demerits of the tax ;" he could not deny its palpable
unfairness; but he defended himself by saying that
others were also unjust, and instanced the
case of " horse-dealers,' which might very
well be so demonstrated. That however may
be, and we admit it is, a sufficient reason', for
abolishing the duty on horse-dealers' licences; but it
does not justify the continuance of the tax on attor-
neys' certificates. He could not deny that "it had
driven many gentlemen from the exercise of their pro-
fession," but he thought that objection sufficiently
answered by stating " that it had not deterred others
from taking their places." His only argument, in fact,
was, that the " whole amount realised by the duty in
the United Kingdom was 117,0001. per annum, a
sum which he was certainly not prepared to give up:'
This, then, is the morality, the integrity, of our excel-
lent Minister of Finance ! ! He wants the money, and
as he has got it, he'll keep it, without reference to the
propriety of his conduct. The same argument may
be used by any of those ill-used gentlemen who oc-
casionally figure in the dock at the Old Bailey for
being oblivious of the distinctions between meum and
tuum. Their necessities induce them to plunder and
swindle others of amounts which " they are certainly
not prepared to give up ;" the only distinction is, that
the private gentleman is sentenced to banishment
from his native land, while the public character, the
Ministerial JONATHAN WILD, is cheered to the
echo by his toadies' in St. Stephen's, re-
ceives a handsome salary from the nation,
and is made the medium through which certain in-
dividuals confess their former sins and make re-
tribution under the denomination of " conscience
money."

His arguments are not, however, invariably suc-
cessful. On Thursday he was left in a minority of
19 (on the question) out of 291 representatives. He
has also been again obliged to postpone the Stamp
Duties Bill—the labour of fifteen years—sine die.
These palpable and disgraceful failures should at
least convince his colleagues of what the Right
Honourable Gentleman is reluctant to admit—the im-
perative necessity of a speedy revision of the entire
fiscal code, with the view of substituting a sys-
tem more just and equitable, as well as more politic
and expedient, than that now in existence.

A case was heard in the Bail Court, before Mr.
Justice COLERIDGE, on Thursday, and reported in The
Sun of the same evening, to which we would earnestly
entreat the public attention. It was an ex parte ap-
plication for a criminal information against a magis-
trate of the county of Devon for gross partiality in
the discharge of the duties of his important office, and
for most improper conduct during the hearing of an
information under the game-laws. According to the
statements contained in the affidavits on which the case
was brought forward, it appeared that on the 2d of
January a complaint had been preferred against a person
named GEORGE SLERDON, charging him with having,
on the 24th October preceding, at a place called
Lower Heald, in said county, used a dog and gun in
pursuit of game, without having previously obtained
a licence for so doing, an offence which, under the
Stamp Act, subjected him, if substantiated, to a
penalty not exceeding 201. A single witness, a
huntsman, appeared in support of the information,
who swore that, at the time stated, he had seen the
defendant and three other persons drawing a field of
turnips with dogs, beating for game, at the place in
question, which adjoined a farm called Hersey-hill,
the property of a gentleman who was the brother-in-
law of the presiding justice. The witness was unable to
state the description of the dog, whether a greyhound
or otherwise, save that it was " a black dog," but, on
cross-examination, he admitted " that he saw no shot
fired, or any game started." This evidence was suffi-
ciently vague, and would apparently require but very
slight rebutting testimony on the part of the de-
fendant. He was, however, prepared with no less
than three witnesses to show that the charge was totally
devoid of foundation, that he was, in fact, at the time
returning from the Hersey-hill farm, where he had
been to kill hares by permission of the tenant
granted under the recent Act, and that he was merely
crossing the turnip-field in order to reach another
farm, whither he was going, pursuant to previous ap-
pointment, for the purpose of killing the rats by
which it was infested. He was also prepared to show
that he had neither dog or gun with him at the time,
that he had not, in fact, the most remote intention of
seeking for game. The worthy justice, however, re-
fused to hear his witnesses. He declared that he did
not believe that his brother-in-law's tenant had any
right to grant the defendant permission to
kill hares on the Hersey-hill farm, Ind
therefore—mark the sequence—" he was perfectly
certain that SMERDON was in pursuit of game at
Lower Heald, and should fine him 201., the highest
fdtra
aisea
oise
nuttio
ersle
dolt
yy.hcerhtNeghdauearimie:
penalty that could be inflicted." Quad rolumus
stu:emoy—faiodnrteedht
evidence
hehr apeebalytr ghtwylos
,uthrgi a
ht magistrate washad
theea
wouldnotehht thh
ee scrutinizeeheoa charge
gl
could
watabosroisdcugus
silayudsaaetiitsyfietdo
e
the trial, and dispense with even the appearance of
impartiality, by refusing to hear the witnesses for
the defence.

Mr. SMERDON was not, however,eistance. He
disposed to
s
swuabsm
oi tf
at o d
isffuecrhe o treatment eoal tams
sent
fromwithout
tho
those r
who can be in-
carcerated for years at the mere will and pleasure of
some rural despot, in consequence of their inability
to give security for keeping the peace. He would
not bow down before the authority of the Devonshire
LYCCIWUS, but was resolved that the tables should
be turned, and that the magistrate should be called
upon to answer before a competent tribunal for his
very extraordinary conduct. Repeated application
were accordingly made for the production in court of
the depositions or notes of hearing, but they
were peremptorily refused. A new light, however,
appeared to have broken in on the worthy justice, and
he appeared to have entertained some doubts as to
whether his proceedings were fully justified. He ac-
cordingly sent word to Mr. SMEEPON'S attorney at
k-x ter, " that there was no necessity for his granting
copies
of tie depositions, as the informer bad declined
to
proceed further in the case." This withdrawal, or
evasion he, no doubt,
otig4ti
4. thought would stop all further
juv
° hlr. Samtnort was not, however, so 1

easily satisfied. It seemed to him that the
" great unpaid" required a lesson which they
should receive, and that the worthy magistrate
had fallen into a " trap," from which he should not
very easily escape. He consequently applied for
liberty to file a criminal information, and a condi
tional order was at once granted by the presiding
judge.
The matter will therefore, we trust, receive the
full investigation it so loudly demands. We shall not
follow the example of the " worshipful " defendant,
by condemning him before he has had an opportu-
nity of being heard in his own defence. We have,
therefore, omitted his name from our report of the
proceedings, and we trust that he may be enabled to
explain or justify the very extraordinary conduct
imputed to him. As yet we have only
" one.sided" statements ; but these have been sworn
to. If unwarranted by the facts, the parties making
them can be punished according to law ; and, as suffi-
cient prima facie grounds have been laid for a
searching inquiry into all the circumstances of the
case, it is essential that a matter of such importance
should not be cushioned or hushed up, more espe-
cially at a time when it is proposed to extend very
materially the magisterial powers in cases of summary
convictions, and to deprive many of the less wealthy
classes of the Englishman's privilege of " trial by
jury." Whatever may be the issue of the present
proceedings, we trust that the Home Secretary will
not lose sight of them. It is now essential that
the charge should either be fully substantiated
or completely rebutted. If the former, the de-
fendant should be removed from the important position
of which he is unworthy; if the latter, his vindication
should receive the same publicity as the very serious
accusation that has been preferred against him.

The French reactionaries of 1850, whether they
call themselves "honest and moderate," or Legiti-
matists, or Orleanists, or Bonapartist', occupy, since
the election of the 28th April, precisely the same po-
sition which in May, 1848, was occupied by BARBS'
and his companions who invaded the Assembly, which,
in June, 1848, was occupied by the insurgents who
fought behind the Barricades. They are rebelling
against universal suffrage. This has always been
brought forward against BARBES and his companions
as the very head and front of their offending. It was
insisted on by M. BAROCHE as the crime of all others
the most odious, inasmuch as by universal suffrage,
and by universal suffrage alone, can the expression
of the national will be ascertained, and any opposi-
tion to that will so ascertained is treason. Yet we
now find this very M. B.anocaz himself in rebellion
against the principle of universal suffrage, because
universal suffrage has chosen M. Emma Sun as
Member for Paris. Is universal suffrage then not the
expression of the national will ? If it be not, what
becomes of the boast of the elected of 6,000,000 by
universal suffrage ? What becomes of the claim of
the present Assembly to be considered as the organ
of the national will, to dispute whose behests are
treason ? If it be the expression of the national
will, then are M. Baroche, the Minister of the In-
terior and his colleagues of the Committee—M.
Benoist d'Azy, M. Berryer, M. Beugnot, M. de
Broglie, M. Buffet, M. de Chasseloup-Laubat, M.
Daru, M. Leon Faucher, M. Jules de Lasteyrie, M.
Mole, M. de Montalembert, M. de Montebello, M.
Piscatory, M. de Seze, General de Saint Priest, M.
Thiers, and M. Vatimesnil, who have undertaken
to frame a law for the modification of universal
suffrage guilty of the very same crime for which
BARBES stands condemned ; if it be not, then has
BARBES been condemned unjustly, for he certainly
had the same right to attempt to modify universal
suffrage according to his peculiar ideas that has M.
BAROCHI. We shall be curious to see the result of
the labours of this Committee, composed as it is ex-
clusively of Legitimatists and Orleanists, and we
venture to assert that any modification of universal
suffrage which they may attempt to introduce will
eventually turn to their own disadvantage, and
to the benefit and consolidation of the Republic.
The object of these persons is to juggle with the
suffrage so as to disfranchise those whom they desig-
nate as the canaille of large towns, and for this pur-
pose they will propose, it is said, to confine the
franchise to persons who pay dii ect taxes. This will
reduce the constituency of Paris to 80,000, but it
will not add one tittle to the chances of success of a
reactionary candidate, and, from our own knowledge
of Paris and its inhabitants, we feel convinced that
had the recent election taken place with such
a constituency the relative majority of
M. EUGENE Sun over his opponent would have been
greater than it was under the present system. Any
mere modification, therefore, of universal suffrage
would be perfectly useless for reactionary purposes,
SO far as the towns are concerned. But how will it
act in the country ? It will disfranchise all those
ignorant peasants upon whose votes the priest
can count as securely as he can upon his
own, and by whom, and by whom alone the
partisans of the parti-pretre are returned ; and,
by throwing the exercise of the franchise ex-
clusively into the hands of the educated and the
propertied among the rural population, will
annihilate the parti-pretre as a political
party, and will thus secure the return of an
Assembly of an infinitely more democratical charac-
ter than even the Constituent Assembly itself. We
look forward, therefore, with calmness to the result
of the labours of this Commission, because we are
convinced that it cannot propose any modification of
universal suffrage which will not be most damaging
to the cause of monarchical and clerical reaction.

THE FRENCH REPUBLIC.

We have received the Paris journals of yesterday.
In the National Assembly on Thursday, the vote
for the expenses of the Roman army of occupation
was proposed, and M. E. Aztec() took advantage of
the occasion to protest against the attack upon Rome,
and the destruction of the Roman Republic, neither
of which had been sanctioned by the Constituent
Assembly. M. FAVAND, who had formed part of the
expedition, as a chef de bataillon, produced a great
effect by declaring trom his own personal observations
that the great majority of the population of Rome
was hostile to the expedition, and hostile to the re-
storation of the POPE. After a defence of the expe-
dition by General OUDINOT, the proposed grant was
r=ated by 462 to 198.
It is said that the Committee on the Electoral
Law intend to propose the destruction of universal
suffrage, and to restrict the right of voting to those
who pay direct taxes. This would reduce the con-
stituency of Paris to about 80,000. It is considered
doubtful whether the reactionary chiefs will be able
to carry this measure. The Bill will be presented in
a few days, and urgency demanded.
The Minister of Marine has just appointed a com-
mittee of eleven persons, with Admiral CsclLLiz as
president, to consider in what manner the fraudulent
introduction of salt herrings from Scotland and
England can be best prevented. The law of May 6,
1841, was intended to prevent purchases of herrings
from foreign countries; as far as those of Holland
are concerned, a duty of 40f. the 100 kilogrammes
has been levied, but it would appear that the in-
troduction of this fish from Scotland and England is
not sufficiently provided against, and it is for that
purpose that the present committee has been named.
PARIS BOURSE, MAY 3.—Latest Prices—Five per
Cents.,f Three per Cents., 55f. 5c.; Bank
o
BUSINESS DONE IN FOREIGN RAILWAYS AT THE
France,
230.00 c .
f;
0

LONDON STUCK-EICHANGE, Mar 3.
Boulogne and Amiens, 61—East Indian, VA—Luxem-
bourg, 2--Namur and Liege, 61,i—Northern of France, 1214.

SPAIN.

Madrid journals of the 27th ult. have arrived.
Their contents are unimportant.
MADRID BOLSA, APRIL 27.—The Three per Cents.
were 30-1.