The Sun.
London, England, 1844-01-13 00:00:00

SPIRIT of the PUBLIC JOURNALS.

• FROM THE EVENING PAPERS OF YESTERDAY.
GLOBE.—W hen Sir Robert Peel'Sevil genius
prevailed over the Right Hon.
,BarOnet's pros
verbial caution, and induced hint. eto consent to
the prosecution of the repeal leaders, the arch-
.fiend's triumph was complete. The. Rubicon
was passed. To recede was impossible ; to go
tbrward was fraught with fresh perils at every
step ; while the end was. vet. More fear- -
ful than the dangers of the way. From
the hour that this ill-advised andinipolitic course
was determined on, one blunder has succeeded
to another. Defects of necessary forms have
multipled to an extent beyond all precedent in
eany former State prosecution. The law officers
of the Crown have acquired an unenviable cele-
brity for deficiency of caution* or a destitution of
-the requisite' legal ability, unequalled- in any
Who have been intrusted with the offices they
hold. Ridicule, provoked by their self-created
einbarrasstiments, has subsided into scorn for
the petty, paltry advantages by which they
have sought to fetter the traversers iu
-preparing for their trial. This feelinoe
natural to honourable minds, has recently
given place to indignation. The striking of the
special jury panel, when every Roman Catholic
was regarded as ipso facto disqualified because
of his creed, has created nut merely indignation,
but alarm. The Government which directed the
proceeding, and the functionaries who Cons
sented to act upon its directions, have drawn
upon them the indignation of the Catholics,
who constitute the large majority of the
Irish population, and of every liberal Protes-
tant in the country, while they have alarmed
the apprehensions of their friends, lest the pro-
vocation thus supplied to the population should
prove too powerful to be kept within the limits of
legal restraint. Scarcely has the public mind
recovered from the sensation produced by the
stretch of prerogative to secure a partisan jury,
than another'' untoward event" for the Govern-
ment is discovered. An omission eel sixty.
three names from the High Sheriff's list,
from which the special panel. was struck,
has been detected. The High Sheriff's list, not
being a faithful transcript of the juror's hook as
authenticated by the Recorder, by whom the spe-
cial jury list was revised, is manifestly fatal to the
list, in the striking of which the law officers of
the Government had succeeded in obtaining a
jury of one creed. Thus they disqualified, at
once,, those whom the law has invested with the
rights of citizens. • On the pending trial •
between the Crown and the repeal leaders.
it was essential, no less for the ends of justice
than for the satisfactioo of the country, that
Catholics and Protestants should, at least in a
fair proportion, have been impanelled to- try
the issues. The organ.of the Irish Government
(the Dublin Packet), in endeavouring to justify
the, comae taken by the Government, asserted
that the eleven Roman Catholics expunged from
the list were Repealers. This is shown to be po-
sitively untrue by a reference to the expunged
names. Thus the desperate defenee set up fbr the
Government in its extremity is demolished ;
and the proceeding in alt the hideous charac-
teristics of its manifest unharness to the ac-
cused, stands forth. without even the sem-
blance of an excuse! The Dublin Monitor
gives an explanation of the mysterious
shin of the sixty-three names from the list
of. jurors, -in an article which we gOote at
length in another column.. It is stated that the
majority of the omitted names are those of
Catholics- -a circumstance that renders it the
more essential to the impartial administration of
justice that the panel should be set aside,
and a new jury be struck. The; difficohy
thus suddenly created on the very -threshold
of. the trial, has, we scarcely need say, occa-
sioned dire confueion amongst time law officers of
the Government. In anticipation Of, and to
provide for, the delay that will be caused by time
applications which will be made to the Court on
behalf of the travers:ers ; the lengthened argu-
ments which will arise; and the probable
decision of the Court against the validity of the
jury list, the Crown solicitor tees served a notice
.on the solicitors fir the traversers, of the inten-
tion of the Attorney-General to " move the
Court to-morrow (Thursday) or as soon after
as possible, that should the ...trials not, have ter-
minated on the 31st instant, each succeeding. day, -
up to the 15th of April, shall be considered
as part of Hilary Term, for the purposes of the
said trials." The Cabinet 'Council summoned for
yesterday (the second during this week) is -sups
posed to have had reference to this new " diffi-
culty" in Ireland. We venture to predict that
the prosecution will be abandoned. If Sir Robert
Peel be not positively demented, he will avail
himself of this new blunder to extricate himself
from a position which every day beccones inure
embarrassing to-his Government, and more pe-
rilous to the country.
STAIN DA RD.— We are accustomed to look to
the- Morning Chronicle for instruction, as well as
for the ainueemeot which clever reasoning' and
clear writing are sure to afl',rd. The instruction
is, however, of a description somewhat narrow,
and, if we may say so, prof -ssional. When
our Contemporary's " leaders" are short, we
are apprised that there is something plau-
sible to be answered, but when - they ex-
tend to a very great length, we are pretty
confident that the . day furnishes . nothing that
can be worked up into a decent case. With the
Morning ' Chronicle as with the rest of the world,
rigmarole, as it is disrespectfully • Called, is the
resource when facts and reasoning cannot be bad.
The Morning Chronicle has to-day. a very long
leading article. The reader is aware of the bite-
rence. The purpose of this long article, as far as
we can detect a purpose in it, is to show that. the
empire is suffering very grievously by reason
of a suggested discrepancy between the decla-
rations and- the- acts of the present Government.
Now we must deny both assertions; we deny that
the empire, in integro, suffers anything; Maintain-
ing on the other hand that, as a whole, the em-
pire holds a higher and happier position than it
ever held, certainly than it has held at any time
within the last 14 years. No less positively do we
deny that there has been any discrepancy Whatever,
between the declarations and the acts of the pre-
sent Government. We have spoken too lately ofthe
actual state of the empire to alloW a recapitula-
tion of all the advantages which it has Obtained
within the last three years to be necessary. Peace
conquered, and confirmed—territory profitably
enlarged—commerce restored and boundless
fields opened to commercial enterprise—the value
of the public securities enhanced 10 per cent.—a
sadly deficient revenue replaced by a rich
surplus contribution to the Ex chequer— the
rebellion, nursed up in Ireland, -by tens.ears
of Whig-Radical fondling, broken in spirit and
in strength, if not utterly subdued; and its man-
ster meetings dissipated by the wind of a- con-
stitutional common law presecution.,Andttll this
good effected without expedients and witliOnt -
quackery. Here surely there are -no symptoms
of, grievous suffering to the whole empire—we
say to the whole empire, for the 'suffering of.
the whole empire, throughallits departfocnt§and
classes, is the subject of the Morning chronicle's
complaint. But general prosperity may no doubt
-be consistent with the suffering ,of particular
classes, and may be even connected with that
suffering, and we see that to some extent this
is the case with the British empire. In the
case of manufactures, more particularly, great
prosperity is frequently the effect .as well 'as the
' cause of Much suffering to the working classes ;
the effect, because, in the competition of
the world, it must imply low • wage ;
the cause, Inasmuch as it tends to bring
much money into 'the hands of a few men,
who are the very men naturally disposed to
make money the substitute for labour, and
thus further to depress time rate of wages and to'
depress it' permanently. It is not, however, of •
an excess of manufacturing activity that time
Morning Chronicle complains, and this; indeed,
is the very last thing of which our Con-
porary would complain. The distress of the
working classes is, however, time only ex-
ception to the
.general prosperity of the
empire, and that we trust
.to see sum, remedied.
The second point upon which we are at issue
with the Morning Chronicle is time suggested
discrepancy between the declarations and the
acts of the present Miuisters. Here., Cann the
impossibility of proving a negative, we must chal-
lenge time positive testimony, and we challenge it
confidently, that 110 such alleged discrepancy can
be produced. It will not be sufficient to take
a qualified proposition, strip it of the qualifying
Words, and then call it a decho atiou.. Timis, we
know, is the manner in which the Opposition
journals have endeavoured to establish dos
charge of inconsistency between declarations and,
acts brought by the Morning Chronicle. But
though such ingenious devices may be well
enough fine newspaper war, ho men are t•tch fools
as to follow so gross a fidlacy in the conduct of
their affairs, and that in fact few have beenclear
misled by fallacies of the kind is Prot,}:
from the general prosperity which
to describe. It)! hhave
ave
our pleasant duty serrt.o.
been such fools as to surrender
the delusion, let them not biamed themselves
eests-lt
Got
atnlida that ttlare
vd.
ndniT,t, c
but the dig rone~t ii.sottlinrncatilys
nusrcp time Government. we • were
net ;itraried4enoft"fialling aunleie the suspicion-which
we have acknowledged to attach to all long
articles, we should add a third issue with the
Morning Chronicle, in the shape of a ques-

MONEY MARKET and CITY NEWS.
CITY, THURSDAY EVENING.
TIMES.—It appears that the late disclosures at the
Mansion-house relative to fraudulent transfers of stock,
have induced the authorities at the Bank to withhold all
information for the present on the subject of unclaimed
dividends ; and the clerks, having strict injunctions ou
this head, refuse to answer any inquiries made. Further
alterations are likely to take place in the forms heretofore
gone through when such claims have been urged and
allowed, and already the Directors require, in addition to
the production of the probate of a will, a burial extract
to corroborate, in the strongest manner possible, the
death of the party described. It is natural that oom-
plaint should be occasionally made respecting this new
order of business at the Bank, but since it is fully appa-
rent that public security demands more stringent regu-
lations, the inconvenience that may arise for the time to
the parties interested is little to be compared to the per-
manent advantages which will possibly result from the
change contemplated.
Consols again left off flat to-day, and at rather lower
prices. The state of affairs in Ireland has caused some

of the speculators to sell for the fall. Altogether there
was a large business done in the markets, but as the
purchases and sales were nearly equal, the alterations
in prices were not of a marked character. The Govern-
ment broker took about the same quantity of stock as
yesterday, and his dealings continue to be in behalf of
the Commissioners for the Reduction of the Public Debt,
and for the savings' banks.
The project of forming a passage across the Isthmus
of Panama having become of late an object of atten-
tion, a history of the circumstances connected with
it may not be inopportune. In 1833 the Government
of New Granada granted exclusive privileges for
opening a road or canal between the Atlantic and
Pacific Oceans. The rate of toll was to be established
between the contracting parties for the term of fifty
years, at the end of which time the improvements
were to revert to the Government of New Granada,
while the lands were to remain the property of the con-
tractors. However, the contracts thus made all, it seems,
expired in 1842, having failed in point of time. About
two years ago a public meeting was held by the inha-
bitants of Panama, and a memorial to the Government
of New Granada was signed, requesting that the con-
tract might be placed in the hands of Mr. Wheelwright,
the local- agent for the Pacific Steam Navigation,Com-
pany. Mr. Wheelwright also received a personal appli-
cation on the subject, and sent his proposal to the Con-
gress at Bogota, where, however, nothing was effected,
because the forfeiture of the French contract had not
been formally declared. An interview between the Pre-
sident and Mr. Wheelwright at Carthagena was likewise
attended by no immediate result, but it. was so far satis•
factory that the latter learned he might easily obtain his
object by appearing personally at Bogota. Letters re-
ceived since that period inform Mr. Wheelwright that
there is no longer any obstacle at New Granada to op-
pose his plans, and therefore it appears the only opposi-
tion at present is that of parties at home.
The following suggestions for improving the navigation
of the river Hoogley are offered by a correspondent:—
" It is a work of some years to obtain sufficient knowledge of
that river only to become a Bengal Brand Pilot,' and the best
means that I can suggest for the improvement of the service is
to engage some out of the few scores of now unemployed first
and second mates of free traders and numerous others who have
been in India, that are now looking about for situations at
Lloyd's, the Jerusalem Coffee-house, &c. These are the men,
Sir, that we require there who are first-rate sailors, and would
be qualified to act as pilots long before the year 1850 ;' then
would the owner of a ship never be astounded at hearing that
his vessel was suffered to be moved in charge of a boy of 17
years of age. This is, however, too true. Young men may be
trained up to a knowledge of the river, but the mere going up
and down the Hoogley will never make sailors of them, and in
hard weather off the sand-heads the utmost skill as a sailor must
be combined with the knowledge of those moving sands,'
whose navigation is most intricate, and consequently far more
dangerous, than were they stationary rocks. The steam-tugs
on the Hoogley are an improvement, but the charge for them
and pilotage is enormous.'

LAW INTELLIGENCE.
COURT OF CHANCERY, Jun. 12.

The Lord Chancellor heard cause and lunatic petitions
to-day, but no case of any interest cams befure his Lord-
ship previous to the rising of the Court.

VICE-CHANCERY COURT, Jan. 12.
Unopposed petitions and short causes occupied his
Honour the Vice-Chancellor of England the whole
morning.

COURT OF QUEEN'S BENCH, Jan. 12.
(Sittings in Banco.)
BIRD V. JONES.

The plaintiff in this case was an attorney, residing at Ham-
mersmith, and the defendant the Secretary to the Hammer-
smith-Bridge Company. The action was brought to recover
compensation for an alleged assault and false imprisonment.
The plaintiff, it appeared, was on Hammersmith-bridge on the
day of the Thames Regatta, and insisted on going within a
certain portion of the footpath which had been enclosed and let
out at 2s. 6d. per seat to persons to view the regatta. He went
over, and defendant followed him ; an altercation ensued,
which terminated in the defendant giving the plaintiff into
custody on a charge of assault. The Magistrate before whom
the case was heard, dismissed it, and the plaintiff then brought
his action. The case was tried before Lord Denman, at the
last sittings after term, and the verdict was for plaintiff,
damages 50/.
Mr. Trucstcsa this morning moved for a rule to shsw cause
why the verdict should not be set aside, and a new trial had, on
the ground of misdirection of the Learned Judge.— Rule granted.
THE QUEEN V. GRUMSHAW.-QllO WARE TO.

The Soucirroa-GENEna 1. moved for a rule calling on the
defendant to show cause why a quo warranto should not issue
calling upon him to show by what authority he claimed to ex-
ercise the office of Coroner of the borough of Wigan. It ap-
peared that, according to the Act of Parliament, the person
holding the office of Coroner was to hold it during good be-
haviour. In the year 1836, Mr. Rogerson had been appointed
Coroner by the Town-Council. In November, 1842, a change
bad taken place in the Town-Council, and in consequence of
that change, the Council had removed Mr. Rogerson, and sub-
stituted Mr. Grimshaw in his place. Both these gentlemen
had continued to exercise the office since November, 1842.
It was true that her Majesty had by letters patent granted a
Court of Quarter Sessions to the borough of Wigan, but the
appointment of Mr. Rogerson had been made before the date
of that patent. Mr. Rogerson had been in office more than
six years, therefore no quo warranto could be obtained against
him, and he could not be removed except by a quo warranto.
—Rule nisi granted.
CEOWNER'S QUEST LAW"-THE QUEEN V. W. HANNON
AND OTNEItS.

Mr. PLATT moved for a rule nisi to quash an inquisition on
the body of NN illiam Knott, on the following grounds—first,
that the jury had signed a blank parchment, on which the
finding had been subsequently written ; secondly, that the in-
quest was stated in one part of the inquisition to have been held
on the body of Wm. Knott, and in another on that of Wm.
Knox : and thirdly, that in the inquisition it was stated that
the inquest had been held by a county Coroner, while the same
party had signed the inquisition as " Deputy Coroner."
Rule granted.
(If this is to be taken as a specimen of the manner ;n which
Deputy Coroners conduct the public business, it is not surpris-
ing that they should be so anxious to exclude reporters, and to
report their proceedings themselves.)
CAR FUR V. TDB LONDON AND BRIGIITGN RAILWAY
COMPANY.

This was an action brought by Dr. Carpue against the Lon-
.don and Brighton Railway Company, to recover compensation
for the injuries suffered by him in consequence of the accident.
which occnrred about two years ago, in the Copyhold Cutting,
to one of the trains by which Dr. Carpue was passenger. The
case was tried before Lord Denman in the sittings after Michael-
mas term, 1842, and the jury had found for the plaintiff for
2501. damages. The Solicitor-General had afterwards obtained
a rule nisi to set the verdict aside, and a new trial had or
a nonsuit entered, on the ground ofmisdirection by the Learned
Judge, and also on the ground that the action had not been
commenced within the time limited by the Act of Parliament,
and also that the proper notice of venue as required by the Act
had Dot been given.
Lord Dassatass having read the notes of the evidence, and of
the summing up, said that it would perhaps be more conve-
nient for the Court to hear the arguments on both sides as to
construction of the limitation section of the Act of Parliament
before proceeding to the other points.
The ArrottNEY-GENERA r. then proceeded to show cause
against the rule, contending that the 253 d section of the Brigh-
ton Railway Act was never intended to apply except with re-
ference to the Parliamentary powers of the Company to make
and continue the railway, and not to that business, the business,
namely, of carriers, which that Company carried on in common
with any other persons who went upon the railway. If their
Lordships would look at the declaration they would see
that the action had been brought against them as
carriers, and not as proprietors •f the railway.
It had been brought against them, not as a railroad company,
but as persons entitled in common with all her Majesty's sub-
jects, to carry on the business of carriers. The declaration stated
that they were proprietors of a certain railway, and of certain
carriages used thereon, for the purpose of conveying goods and
chattels, and passengers, upon the said railway • and also upon
certain other railways, to wit, upon the London 'and Greenwich
railway, and upon the London and Croydon railway.
Now, upon the London and Greenwwicehraoinhil
only
,rnardni.
eedrr upon
a,w
d.
the London and Croydon Railway they re
it would be odd if it should be held that they were under
dif-
ferent contract with their passengers with regard to thatp
firm of the journey which was performed over the London ander
Greenwich or the London and Croydon, and that which was
performed over the London and Brighton Railway. The action
had been brought against them as carriers, and as carriers only.
They had contracted to convey the plaintiff upon other railways
lesides their own, and the contract was one entire contract, and
the section of the Act of Parliament with regard to the limita-
tion of the time for bringing the action, and to the notice of
veasue did not apply. They were sued as carriers, and as car-
Tien] they were responsible for travelling at a rapid rate when
the state of the railway was such as to render such a rate of tra-
velling dangerous. As carriers they were bound to know that
the state of the road was not safe. If they were proprietors as
well as carriers, they rsad the better means of knowing the state
of the read. The 2534 section of the Act applied to them only
as proprietors, and not as carriers. The action had been
brought against them as carriers, and therefore the 253 d section
of the Act did not apply..
Mr. HAYES and another followed on the same side.
The SOLICITOR-GE NERAL in support
of the rule contended
that the action had bevas brought against the defendants as
proprietors of the railway, and not as carriers. The evidence
which had been given at, the trial had been given to prove the
faulty construction of the railway—now, if the action had
been brought against the* t as carriers only, the evidence would
not apply % the case. rsa the summing up the Learned Judge
if :O•

~-.., ti; ~,

tion whether it was by the perfect cor-
respondence between the declarations and
the acts of the late Ministers they brought
the empire into that happy condition in
which Sir Robert Peel found it upon receiv-
ing the administration of public affairs—a
prepared rebellion in Ireland—quarrels in the four
quarters of the globe—depreciated funds—ruined
trade—a deficient an d stilldeclining revenue? This
would be a wide discussion, and therefore we mere-
ly ask the Morning Chronicle to reconcile all the
declarations of Lord Melbourne and Lord John
Russel with their acts, in reference to these
subjects only—Parlianientary reform, the corn-
laws, and the degree of favour due to Mr. Daniel
O'Connell. We seem to ourselves to remember
rather gross discrepancies between the declara-
tions and acts of the two Noble Lords upon the
questions named.