The Sun.
London, England, 1844-08-07 00:00:00

~~

Is the Same-as itt the -ease-of-criminal warrants. There is no
record kept of the grounds on which they are issued, except
so far as correspondence preserved at the Home-office may
lead to infer them.
Your Committee will here notice a statement which has
been made, that instances have occurred of sending entire
mail bags with letters to the Home-office for examination.
Your Committee are satisfied that no instance of the kind has
occurred. None but separate letters or packets are ever
sent, out of the ordinary course, from the Post-office to the
Home-office, and those never but under a Secretary of State's
warrant; and that warrant usually directs that a letter or
letters, directed to certain persons, er written in a certain
handwriting, be detained: and that either a copy of the
post-mark, or of the address, or of the contents, or that ex-
tracts from the contents, or the letters themselves, be sent to
the Principal Secretary of State. In some cases the warrant
directs that some deputy-postmaster shall communicate in-
formation to the same effect to a magistrate, or some other
person, in the country; and when that is the case, the pre-
sence of some third person, named in the warrant, is usually
required.
It may, perhaps, be necessary to state that, in some very
few cases, the Secretary of State has been required to autho-
rise the Postmaster-General to return to the writer a letter
which has been already posted. Some doubt seems to have
existed how far this can lawfully be done. In the year 1795,
Holland being in the occupation of the French army, one
of the principal Secretaries of State, by warrant under his
hand and seal, detained the entire mails of the 13th, 16th,
and 20th of January, intended for that country ; and an
Act- of Parliament (35 George 111., cap. 62), was passed
to enable the Postmaster-General "to open the letters
contained in those mails, and return the same to the parties
by whom they were written, signed, or sent." A ease
nearly similar occurred regarding the Hamburgh mail (see
47 Geo. 111., session 2, c. 53), in 1807. The number of war-
rants issue under this head from 1799 to 1844 is 7, as stated
in the abstract.
The general conclusion which the Committee draw from
the returns before abstracted is, that in equal intervals of
time these warrants have been issued in nearly equal num-
ber, by the several Administrations which have been in power
from the commencement of 1799 until now. For although
in certain years, in consequence of internal commotion,
it happened that the number of warrants issued by cer-
tain Secretaries of State was unusually great, yet in
other years, if they continued sufficiently long in office, the
number of warrants they issued for similar purposes proved
to be unusually small ; so that the annual average of all the
warrants they issued, during the whole period of their con-
tinuance in office, did not rise materially above the general
annual mean.
The general average of the warrants issued during the
present century does not much exceed eight a year. This
number would comprehend, on an average, the letters of
about sixteen persons annually; but how many letters to
and from each person coming within the scope of these war-
' rants have on an average been opened we have no means
of estimating, since no record of the number of letters de-
tained and opened under warrant has been kept by the
Post-office, but there is no reason to believe that number to
be great; and the Committee have ascertained that, in the
case of many warrants, no letters whatever have been
opened. Those which do not appear to relate to the object
fur which the warrant is issued do not undergo particular
examination. Of the average number of days for which a
warrant is in force, the Committee cannot form any just
estimate. It was only as regards the warrants issued from
1822 to 1844 that any return was made to your Committee,
showing how long they continued in operation, and in the
early part of this period, there appears to have been some
inattention in seeing to their timely revocation ; it is pro-
bable that many a warrant had become inoperative long be-
fore the period when it was cancelled. In that respect there
is a marked improvement in the practice of the present Home
Secretary, as compared with that of his predecessors ; since
the average duration of the warrants issued since September,
1841, does not exceed forty days ; and in many cases it is as
low as three or four days.
From the abstract that has been given of the warrants
issued in the present century, it appears that about two-
thirds of them were criminal warrants ; for by far the
greater portion of those marked " uncertain" appears to be-
long to this class.
So far as the criminal warrants go, no suspicion arises that
unfairness or impartiality has directed their issue. With re-
gard to the other class of warrants, though there have been
some few issued by different Administrations that have been
in power during the last 22 years, in regard to which it is
obvious that on a subsequent review of the facts a difference
of opinion might arise as to the discretion exercised in each
particular case, yet your Committee see no reason to doubt
that the conduct of the Secretaries of State belonging to each
of those Administrations has been guided by no other motive
than an anxious desire to preserve the public peace, with
the maintenance of which they were charged.
It does not appear to your Committee necessary to follow
the warrant from the time of its reception at the Post-office,
to that of its execution. The letters which have been de-
tained and opened are, unless retained by special order, as
sometimes happens in criminal cases, closed and resealed,
without affixing any mark to indicate that they have been
so detained and opened ; and are forwarded by post according
to their respective superscriptions.
There are other cases, under the 33d and 36th chapters of
the Ist of Victoria, besides the case we have been consider-
ing, in which post-letters may lawfully be detained or de-
layed, or opened, by an officer of the Post-office. These ex-
cepted cases are the following :—When the person consents,
to whom the letter is directed—when the letter is returned
for want of due direction—when the person to whom it is
directed is dead, or cannot be found, or shall have refused it,
or shall have refused or neglected to pay the postage they f.
If auy letter not included in the above exceptional casesqoe
opened, delayed, detained, or abstracted at the Yost-office,
through the malpractices of any officers of that department,
such offenders are liable to severe punishment under the
latter of these Acts.

With regard to all other inland letters, your Committee
are assured by the Postmaster. General, by the Secretary of
the Post-office, and by the President of the Inland Depart-
ment at the General Post-office, that the secresy of corre-
spondence is inviolate ; and this assurance they have seen no
reason to doubt.
Your Committee will here notice a statement which has
been made, that letter-bags from Dublin, Brighton, and other
places, have of late, before being opened, been taken out of the
usual course, into an inner room of the inland- office at the
General Post-office, for the purpne of being there et:trained.
The allegation of fact is correct, so far as counting the letters,
and observing their external appearance, goes. This is fre-
quently done in order to ascertain the condition of the bags
on their arrival, before their contents are delivered over to
be sorted, it having been found a necessary check upon the
commission of irregularities by the subordinate functionaries
of the Post-office; but this examination has no connection
whatever with the opening of letters under warrant, and it
is not the method practised when letters aro detained and
opened by authority of the Secretary of State.
On the subject of the foreign department at the General
Post-office, the secresy of foreign correspondence your Com-
mittee are assured is kept inviolate. Certain warrants bear-
ing respectively the signatures of the Right Honourable
Charles James Fox, when Secretary of State for Foreign
Affairs, in 1752, and of his successor, the Marquis
of Carmarthen, were laid before your mmittee, which,
being of a very comprehensive nature, have, in conjunc-
tion with other information, induced your Committee to
believe that diplomatic correspondence, when posted in ordi-
nary course, incurred in this country and in the other great
States of Europe, nearly equal risk of inspection. How long
similar warrants continued, and when they were finally re-
called, your Committee have no information, nor do they
think it their duty to report as to any practice which may
have existed in reference to this part of the subject. Of this
they are satisfied, that no such warrants or practices now
exist ; and that public as well as private correspondence,
foreign as well as domestic, passing through the office in
regular course, now enjoys complete security, subject only to
the contingency of a Secretary of State's warrant, directed
for special reasons against a particular letter or letters.
In making the above statements, however, it is right to
observe that there exists another channel of communication
with foreign countries, by means of the King's messengers
and foreign-office bags. 'This is not under the control of
the Postmaster-General, but of the Secretary of State for
Foreign Affairs. It is conducted by officers appointed and
paid by the latter, from whom alone they receive their orders,
and to whom alone they are responsible. Some years ago no
inconsiderable number of private letters, passing between this
and foreign countries, was sent and received by these bags ;
but this abuse (for such it was, as payment of postage was
thus evaded) has been almost entirely discontinued ; and
your Committee believe that at present the bags contain little
more than the official correspondence of our own diplomatic
agents, and of the Ministers of such foreign States as may
choose to avail themselves of that mode of transmitting their
dispatches. The authonty of your Committee extends no
farther than to inquire how correspondence is dealt with,
while remaining in the custody of the Post-office.
It remains for your Committee, after treating of the cor-
respondence in Great Britain, to make a brief statement as
to the law and practice regarding the same Matters in Ire-
land. The statute of Anne extended to that country, and
whatever legal force the warrants of the principal Secretiuies
of State, directing the opening of letters, had in Great Bri-
tain, those warrants had the same force in Ireland. But
the
2previously
ho
otfhGe
Esta-
blishinging,
a Post-office in this Kingdom," the principal eop as.
ls ;c. n 171,7 iBn3; i toufl etdl e"
IA
ins hAsctia ftourt
Secre-
taries were in the habit of delegating to the Lord-Lieutenant
authority for this purpose. Nor was this all ; for by a war-
rant, dated October 31st, 1740, Secretary the Duke of New-
castle directs Sir Marmaduke Wyvill, the Postmaster-Gene-
ral for Ireland, to open and detain all such letters as the
Duke of Devonshire, then Lord-Lieutenant of Ireland, or
any other person appointed by him, should authorise and
direct.: copies to be sent to the Duke.
The necessity for having recourse to a twice-delegated
authority was removed by the statute above referred to,
which gave the same indemnity to persons in Ireland
opening letters by authority of the Lord-Lieutenant, that the
statute of Anne gave to persons in Great Britain. and Ire-
land, opening letters by authority of a princpal Secretary of
eve year
Lord-Lieutenant,ythoefaerlrferol
aiundimto2thteoptho
es or t
presentm a
sottheer
tiCeninh ieerbfa
frGovernor or
Governors Ireland,
for Youraueteevd.
by Committee here submit an abstract of the warrants
of 12i years. They have added another abse'traceitn, garrainegir'inodg
the warrants under different heads, according to the grounds
whereon they were issued ;

Year.

Number of Persona
Number of comprehended in
Warrants. the said Warrants.
1 • •• 1
0 ... 0
3 ... 3
1 ... 1

1832
1833
1834
1835...

1836 -

1837
1838
1839

1840 2
1841 3
1842 3

1843
1844

Total
Crimes, murder, robbery, &c l4
Ribbonism •••
Sedition, &c.
Bankruptcy ••
Forging a Post-office stamp
Letter returned to the writer 1

Total .
The Lords-Lieutenant and others who have signed these
warrants are arranged in the following list, according to
date :-
1832 ... Marquis of Anglesey.
1834 ... E. J. Littleton (secretary).
... Marquis of Wellesley.
1835 ... Earl of Musgrave.
1836 ... Ditto.
... T. Drummond (secretary).
1837 ... Ditto.
- ... Lord Plunkett (one of the Lords Justices).
- ... Archbishop of Dublin (ditto).
1838 ... Lord Morpeth (secretary).
1839 ... Marquis of Normanby.
Lord Viscount Ebringtoz

... Gen. Sir T. Blakeney (one of the Lords Justices).
1840 ... Lord Viscount Ebrington.
1841 ... Chief Justice Bushe (one of the Lords Justices).
... Earl De Grey.
1842 ... Ditto
... Sir E. Sugden (one of the Lords Justices).
1843 ... Earl De Grey.
The warrants issued in Ireland do not exceed three per
annum, on the average. Each warrant comprehends on the
average, about two persons.
The only warrant which bears the signature of the late
Chief Justice Bushe, one of the Lords Justices, was issued
with a view to obtain a clue to a murder : but it appearing
that the magistrate to whom it was sent had applied for it
for another purpose, that of ascertaining the state of the
country, this was not assented to, and the warrant was not
acted upon.
There are no data to show how many letters were opened
tinder each warrant, nor how long each warrant remained in
force ; 4 of the 31 Warrants bear the signature of only the
Secretary for Ireland. More than a third of the warrants
concern Ribbonism, which wore a peculiarly threatening as-
pect in one particular year. The letters in Ireland are not
opened by the Postmaster-General, but by a confidential
clerk in the office of the Chief Secretary for Ireland.
The Committee have, in conclusion, to lay before the
House the following observations for their consideration,
arising out of the facts which it has been their duty to state :-
1. With regard to the utility of the warrants issued in
furtherance of criminal justice, their annual average in Great
Britain does not exceed six, and this number of warrants
does not extend to the letters of more, on an average, than
twelve pounds a year. There is no evidence what-
ever to show in what proportion of cases these warrants
lead to discovery. On the one hand, therefore, it will be
doubted by some, taking into account the strong moral feeling
which exists against the practice of opening letters, with its
accompaniments of mystery and concealment, whether it is
Ruth retaining in this class of cases. On the other hand it
must be admitted that these are not the cases in favour of
which public feeling is most enlisted; and that of all that
giverise to the exercise of this power, they present the least
emptation to abuse.
2. With regard to the utility of such warrants, for the de-
tection of seditious conspiracies, or other practices endanger-
ing the public safety, or the discovery of the views enter-
tained by those who engage in them, it would be unreason-
able to deny that, in certain cases, this practice may have
aided the Executive Government in various ways, and amongst
others which are more and more obvious, by informing them
of the real strength of the conspirators and extent of their
combinations, and thus preventing the Ministers of the time
from taking exaggerated views of the force arrayed against
the State, and claiming extraordinary powers to meet appre-
hended danger. Still, however, the argument derived from
the smallness of the number of warrants as compared with
the number of persons who may be supposed to entertain
such criminal designs, is not to be lost sight of; while,
on the other hand, it must be admitted that the number
of those to whom this class of warrants would apply, as
being the chosen leaders of multitudes, would not be very
great. The warrants of this class have amounted, on the
average, to little more than two a year, which would extend
to little more than four persons. The greatest number of
warrants of this description, issued in any year within the
present century, is about sixteen, extending in these cases to
between forty or fifty persons., In addition to the, argu-
ment derived from the smallness of the number affected, it
must not be forgotten that, after the publicity given to the
fact, that the Secretary of State has occasionally recourse to
the opening of letters as a means of defence in dangerous and
difficult times, few who hereafter may engage in dangerous
designs, will venture to communicate their intentions by the
medium of
,the post; and the importance of retaining the
power, as a measure of detective police, will consequently be
greatly diminished. The last argument, however, supposes
that there is no absolute certainty that a letter may not be
intercepted ; and it may appear to some, that to leave it a
mystery whether or no this power is ever exercised, is the
way best calculated to deter the evil-minded from applying
the post to improper uses. It must also be remembered that
if such a power as this were formally abolished, the question
would not be left quite in the same condition as though the
power had never been exercised or disputed ; by withdraw-
ing it, every criminal and conspirator against the public
peace would be publicly assured that he should enjoy secure
possession of the easiest, cheapest, and most unobserved
channel of commnnication, and that the Secretary of State
would not, under any circumstances, interfere with his
correspcndence. It must not be forgotten, however, that at
present other rapid means of communicating their views are
of easy access to the evil intentioned, and that, as far as in-
ternal order is concerned, the same rapid means afford the
Government unexampled facilities for suppressing tumult.
If the result of this inquiry had been such as to impress
your Committee with a conviction of the importance of the
frequent use of this power in the ordinary administration of
affairs, they would have been prepared to recommend some
legislative measures for its regulation and control ; and it
might not be difficult to devise regulations which would ma-
terially diminish the objections to its exercise; as, for
example, that no criminal warrant should be issued except
en a written information on oath; that a formal record
should be preserved in the Secretary of State's office of the
grounds on which every warrant had been issued, of the
time during which it has remained in force, of the number of
letters opened under it, and of the results obtained. It is,
however, on the other hand, to be considered whether any le-
gislative measure of this kind might not have an indirect
effect in giving an additional sanction to the power in ques-
tion, and thereby possibly extending its use.
Under these circumstances, it will be for Parliament to'con-
sider whether they will determine upon any legislative regu-
lation, or whether they will prefer leaving the power, on its
present footing in point of law, in the hands of the Secretary
of State, to be used, on his responsibility, in those cases of
emergency in which, according to the best of his judgment,
its exercise would be sanctioned by an enlightened public
opinion, and would appear to be strongly called for by impor-
tant public interests.

COURSE OF EXCHA/
Amsterdam CF. 12 4i
Ditto, at sight l2 2
Rotterdam 2U. 12 5
Antwerp 25 90
Ramburgh M.B. 1313/
Altona l3 14
Paris, 3 days' sight 25 60
Ditto, 3 months 25 85
Marseilles
Bourdeaux 25 90
Frankfort on Maine l2l
Petersburgh, 3Us 37

Berlin — 7

Vienna, effec. fl. 3 M 952
Trieste, ditto
Madrid 37

Cadiz
Bilbao 36
Barcelona .
Seville

GE.—(YESTERDAY.)
Gibraltar
Leghorn 3O 50
Genoa 25 85
Milan
Venice
Naples ........
Palermo, per oz llB5
Lisbon 544
Oporto 544
Rio Janeiro 23
Bahia 23
Buenos Ayres
NewYork,2ldys sight
Philadelphia
PRICES OF BULLION, PER OZ.
Foreign Gold, bars...£3 17 9
Portugal Gold Coin 3 17 5
New Doubloons..... 0 0 0
New Dollars 0 4 10
Silver in Bars 0 4 11

• COURT CIRCULAR.

The Duchess of Cambridge and the Hereditary Grand
Duke and Duchess of Mecklenburgh Strelitz, honoured
Mr. Rogers with a visit yesterday, at his residence in
St. James's-place, to inspect his collection of pictures
and works of art. _ _ _

—A
Privy Council was held yesterday afternoon, at the
Council Chamber, Whitehall, at three o'clock, which was
attended by the Lord President, the Archbishop of
Canterbury, the Lord Chancellor, Sir Robert Peel, the
Duke of Wellington, Sir James raham, Lord Stanley,
the Earl of Aberdeen, the Earl of Haddington, the
Chancellor of the Exchequer, the Duke of Buccleuch,
the Earl of Ripon, Mr. Gladstone, Lord Granville
Somerset, the Earl of Liverpool, Earl Delawarr, Earl
Jersey, the Marquis of Exeter, and the Bishop of
London.
At the Council, the form of thanksgiving, to be used
in churches on the occasion of her Majesty's accouche-
ment, was arranged.
Sir Robert Peel returned to town, from Windsor, about
twelve o'clock.
Mr. J. Thornton, Deputy Chairman of the Commis-
Aioners of the Board of Stamps and Taxes, had an inter-
view with the Chancellor of the Exchequer yesterday.
Dispatches were received from the Governor of Gib-
raltar and the Lord High Commissioner of the lonian
Islands yesterday at the Colonial-office. Dispatches
were also received from the Governors of the West India
Islands.

ASTLEY'S THEATRE.—This fashionable place of
resort has been doing wonders. Never, even in the most
palmy days of Astley and Ducrow, were its present per-
formances and success equalled. Every night it is at-
tended by highly numerous and most fashionanle com-
panies. The Chinese War does not seem to have lost in
the slightest degree any of its attractions, although it
has been represented for ten weeks. This is not to be
wondered at, for it is well got up, and, as a gorgeous
representation of national conquests, it has, perhaps,
never been equalled. The Steeple Chase, with all its
hair-breadth escapes, has nightly drawn many admirers.
Nothing can be better managed than this illustration of
a truly English sport, and every one who has witnessed
or taken part in a real steeple chase must look on with
;feelings of great pleasure. The spirited owner of this
establishment has just returned from the Continent,
after having engaged several celebrated artists, who will
shortly make their debut to an English audience.
Amongst the names engaged are Mesdames Heleni, Le-
zetti, Phillips ; Mous. Pierre, Mons. Georg 6, and Mons.
Ferdinand Schmdt.
HAYMARKET THEATRE. Mr. Webster, the spi-
rited Lessee of this theatre, takes his benefit to-night.—
A gcntlemaa who has done so much for the promotion
of the sterling drama, needs no appeal to the glowing
sympathies of the public to testify their approbation in
his behalf. It is Mr. Webster's singular merit and
good fortune to have kept open the " little theatre in
the Haymarket" upwards of 440 nights continuously !
That circumstance in itself speaks volumes in his praise
as a good manager, and proves that the public duly
appreciate meritorious enterprise. May Webster's re•
ward be equal.to his deserts !
The Duke of Northumberland has presented a do-
nation of 50/. to the General Theatrical Fund.
COLLISION BETWEEN THE WILLIAM JOLLIITE AND
rim ANTWERP STEAMER.—On Wednesday night last, at 12
eßrso. Boulogne
This
o'clock, the William Jolliffe left the harbour of ul
with the unusual freight of nearly 300 ssen
large number was in consequence of its being the last day on
which the steamers would run at the recent low fares of 4s.
and 6s. instead of 10s. and 15$. The wind blew tremendously
from the south-eastward, and the passage was stormy and
tempestuous, but, nevertheless, she reached Gravesend in
safety, but on approaching Northfleet, the river being full of
craft, and the wind blowing tremendously down the river,
she came in contact with a coal brig and the Antwerp out •
ward-bound steamer, which dashed away a great portion of
the Jolliffe's paddle-box and cooking room, causing the
greatest consternation among the passengers. The Jolliffe's
next disaster was getting aground, where she remained some
hours until got off by the aid of the Calais packet, and ulti-
mately she arrive Tin London about four o'clock on Thursday
afternoon, nearly four hours behind her time, since which she
has been sent to Deptford for the necessary repairs.
FIRE AT FOXEAIRTII-HALL.—On Sunday night
week, between ten and eleven o'clock, a haulm stack was
maliciously set on fire, at Foxearth-hall, near Melford,
in the occupation of Mr. Richard Aldham, farmer. For-
tunately it was very soon discovered by some of the
village people returning home, who saw the villain run-
ning from the spot, who no doubt had committed the
act ; and prompt assistance being rendered, and the
Melford engine quickly in attendance, the fire was con-
fined to the stack, which was within a short distance of
the extensive farming buildings.—Essex Herald.
We have much pleasure !hi statint, that through the
indefatigable exertions of his solicitor,' Sir Wm. H. El-
wes, Bart. is shortly to come into possession of the family
Mates of Elwee As heir at law.