The Sun.
London, England, 1850-02-05 00:00:00

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LONDON, TUESDAY, FEBRUARY 5, 1850.

It is to be hoped that the present session may be
distinguished from its predecessors by the activity
and energy displayed from its very commencement.
Heretofore but little progress has been achieved in
the business of legislation during the earlier months—
long and unnecessary debates have consumed the
entire time of both Houses for more than half the
period allotted for their sittings ; discussions have
been unduly protracted, repeated adjournments have
taken place ; seven, eight, or in some instances, nine
or ten nights had been consumed upon a single ques-
tion ; procrastination in every possible shape, and
on the most frivolous pretexts, has been resorted to ;
unpleasant topics have been shelved for the time being
by the stale device of " counting out " the House, the
successful parties apparently forgetting that resolute
and determined men cannot be silenced by such
childish expedients, and that other opportunities will
be found when an audience must be yielded. The
evil day is only delayed, not altogether avoided, and
much valuable time, in which really urgent matters
might be dispatched, is wasted in the vain attempt of
silencing some chosen representative of the people.
The natural consequence of this unwise and im-
politic system is, that an enormous quantity of busi-
ness remains undisposed of at the very close of each

session ; that many Bills, supported by overwhelm-
ing majorities of both Houses have been either altogether
withdrawn, or so mutilated in their progress from
undue haste, as to be deprived of their efficiency and
rendered comparatively useless.
This serious mistake will, we trust, be avoided
during the present year. An improved spirit is
already perceptible, from which we anticipate the
happiest results. The first debate on the Address to

the Crown, which involved the great question which

it was feared would constitute the "chief obstruction
to the progress of all useful legislation," was con-
cluded in two sittings, and the majority was so de
ciaive (119, in a House containing 503 Members),
that it must be obvious—even to those most obtuse
in their perceptions, and dull of comprehension—how
utterly useless it is again to agitate the subject, and
thereby unnecessarily to waste the public time. The
debate in the Lords, which was disposed of the very
first night of the session, and by a majority no lass
aatisrantory than that in the Commons, must have
completely annihilated the hopes of the Protectionists,
if any such really existed. The very assembly on
whose proceedings the most sanguine expectations
were based afforded the most prompt and unqualified
evidence of its fixed determination not to disturb the
s,s great settlement which has so recently come into
'operation, or to make any movement in favour of the
`resuscitation of the defunct monopoly, or the re-impo-
sition of the iniquitous and universally condemned
bread-tax. This "heavy blow and great discourage..
ment" will, we trust, undeceive the agriculturists,
and induce them to restrict their exertions to practical
reforms, in which the groat body of the people
. may concur. They may learn from their very,
-oxen how useless it is "to kick against the pricks,'
land that they can only sustain loss and injury by any
new agitation on the subject.
If this great impediment to the dispatch of pressing
business he removed, we may hope that the year
1850 will be rendered remarkable fur the number of
useful and practical reforms introduced into and car-
ried through both branches of the Legislature. There
are already many subjects respecting which notices
have been given affording ample scope for legislative
action. Ministers and private Members are alike
prepared, and no loss of time can arise from lack of
suitable business to be disposed of. The order-book
exhibits the strongest evidence of this general prepa-
ration. This day the Chancellor of the Exchequer will
bringiorward, on the part of Government, a Bill for
amending the Laws relating to Savings' Banks"—the
absolute: necessity whereof has been shown by the
late infamous frauds, by which the innocent depositors
have been victiiLised. The Right Hon. Baronet will
also move for the appointment of a Select Committee
on Savings' Banks, and on the Army and Ord-
nance Expenditure. To-morrow the Solicitor-

General will move for leave to bring in no less than
four Bills, having f.r their objects the amendment
and alteration " of the practice of the superior courts
of common law in Ireland," " the simplification and
improvement of the proceedings in the Court of
Chancery in Ireland," " the registration of
assurances of lands in Ireland," and " the amend-
ment of the laws concerning judgments" in
that country:; arid Mr. HAWES will also move fur
the re-appointment of a Select Committee respecting
the affairs of Ceylon, when we may hope that some
important statements will be made respecting that
misgoverned and ill-treated, but most valuable co-
lony. Thursday is necessarily given up to private
Members, but on Friday the First Lord of the Trea-
sury will bring in a Bill for the better Government
of the Australian Colonies, and make a statement of
the colonial policy of the Government. The Chief
Secretary fur Ireland will on the same evening intro-
duce a measure "to restrain party processions" in
that ill-fated land. The Solicitor-General will bring
forward two Bills, one granting additional leasing
powers to persons having limited estates in Ireland,
and the other for the better administration of charit-
able trusts. The Chancellor of the Exchequer
will endeavour to make better provision for " the
management of the Woods, Forests, and Land Re-
venues of the Crown, and for the direction of public
works and buildings ;" and the Home Secretary
will move for a Committee on prison discipline.
This is a full and animated programme for a single
week. It is, indeed, " a dainty dish" to lay before
the Commons ; and with such abundant fare there is
no chance of their having to rise unsatisfied from the
legislative banquet. But there is also an abundant
supply from private sources, among the most impor-
tant of which we may notice a measure by the Hon.
Member for West Surrey, to_facilitate the transfer of
real property ; one by the Hon. Member for Yong-
hal, for the repeal of the penal Acts against the
Roman Catholic religion ; a motion by the Hen.
Member for Glasgow, " that it is expedient and
just to incorporate by an Act of Parliament
the parishes of Kensington, Chelsea, Fulham, and
Hammersmith, into a Parliamentary borough em-
powered to return two Members, to fill up the vacan-
cies caused by the disfranchisement of Sudbury ;"
and, although last, by no means least in importance,
the reintroduction by the Hon. Member for Bute, of
the Bill for the Amendment and Alteration of the
Act 5 and 6 Will. IV., so far as relates to Marriages
within certain of the prohibited Degress of Affinity.
This last measure, the withdrawal of which at the
termination of last session created such wide-spread
disappointment and regret, is so just and politic—so
wise and expedient in itself—supported so strongly
by all classes in the community—by pre-
lates and ministers of the Church by law
established, by the highest authorities of
the Roman Catholic Church, and by the
distinguished Dissenters and Nonconformists, that
we can entertain no possible doubt but that the
grievance which has so long existed, and which has
blighted the happiness of so many families, will be at
once and for ever removed before the separation of
Parliament for the Easter recess. The question has
been so fully argued, so thoroughly investigated on
every point, and through all its ramifications, that no
possible pretext can exist for any further delay—a
delay which is so cruel and unnecessary in itself,
and so annoying and vexatious to many persons of
high and delicate minds and moral and religious
habits.

We have already alluded to the animus exhibited
by the Incorporate) Law Society, through their
counsel, in dealing with the claim of Mr. WILLIAM
HENRY BARBER to be re•admitted to the practice
of his profession. Every point that could possibly
be brought forward, however stale, was pressed into
the service ; every exertion was made to discover
matters on which even a question of doubt could
be raised, and the same spirit of unrelenting hos-
tility and vexatious procrastination was exhibited be-
fore the Master during the preliminary investigation
which was afterwards so painfully conspicuous before
the Court itself.

Two grounds of opposition were chiefly relied on
by the society, as rendering Mr. BARBER unworthy
of his certificate. First it was contended, " that the
verdict of the jury in SLACK'S case was substantially
correct, that it would be most perilous if the Court should
express any doubt of the propriety of a verdict wabich
had been so pronounced, and that the Royal pardon
merely freed the applicant from the penal conse
quences of the conviction, but that it did
not remove the moral taint, so as to place him in
every respect in the same position as he was in before he
committed the crime," and, secondly, on alleged cases
of malpractice in his profession, unconnected with
what may be termed the " will forgeries."
The first class of objections, it will be
seen, resolved itself into an attempt to re-hear the
entire question of the guilt or innocence of Mr.
BARBER in reference to these transactions, to violate
the well-known rule of Jaw which declares that a
party shall not be placed a second time on bis trial for
the same offence, to impeach the decision of the
only tribunal competent to review an erroneous
decision upon facts, and to limit the prerogative
of the Crown, by materially reducing the beneficent
results of the Royal pardon, and restricting its opera-
tion within the narrowest limits.

The new trial was manifestly a second thought.
No such proceeding had been contemplated in the first
instance, either when the reference was obtained,
or when the inquiry was proceeded with before
the Master. It is certain! that the Court would
never have sanctioned a course so illegal in itself and
oppressive towards the party whose conduct
formed the subject -matter of the investigation.
The object of the statute in requiring a term's notice
to he given of the intention of any party, who had
omitted to take out his certificate, within the time
appointed by law for that purpose, to again enter
upon a professional career, was, that full. information
might be obtained as to the circumstances under which
he had discontinued to practise, and his conduct and
employment during the intervening period. These
points were so fully known in the present instance,
that, according to filr FREDERICK TLIESIGER:B
own admission, " the inquiry would have been an
idle one." The officer of the court accord-
ingly, in deference, we suppose, to the wishes
of the Incorporated Law society, took upon him-
self to alter the rule as originally prepared under
the direction of the Judges, and thus materially
enlarged the sphere of his own duties. He did not,
however, for a moment contemplate assuming
the functions of a new jury, by pronouncing
any opinion on the guilt or innocence of
Mr. BARBER ; neither was it then attempted by the
society to impose such a task upon the Learned Gen-
tleman. On the contrary, at the very commence-
ment of the proceedings, and prior to the delivery
of any documents, Mr. MAUGHAM distinctly
stated that " the society did not mean to
attempt to prove guilt, but to inquire whether
Mr. BARBER had not betrayed, gross negli-
gence," to which the Master replied, " No, I
cannot suppose that I am expected to try a case of
felony ;" and yet this very charge of "felony" was
subsequently insisted upon, contrary to the declaration
of the society's solicitor ; and Sir F. THESIGER
struggled, with all his ingenuity, to prove that her
MAJESTY, and her able and impartial Home Secretary,
had been imposed upon, and committed a gross blun-
der ! What could be the motive for this palpable
inconsistency ? Was it not that the unfortunate
applicant might be subjected to additional embarrass-
ment by being called upon to answer simultaneously
the question of guilt and the minor charge of mere
negligence ?

A further evidence, if any were required, of the
spirit in which the opposition was conducted, may be
collected from the fact that the certificates of good
conduct obtained from persons holding official situa-
tions were not admitted to be read, because they were
not " statements on oath." These documents were
of the utmost importance in the case, exhibiting the
conduct and demeanour of Mr. BARBER, under the
most trying circumstances, in a very favourable light.
They had been admitted before the Master, but were
subsequently withheld from the Court, and let us ask
upon what ground ?

Soon after the inquiry commenced Mr. MAUGHAM
called upon Mr. BARBER to produce for hi 3 inspec-
tion and examination the originals of the documents
set forth in the pamphlet. This was accordingly
done, and be and his son devoted several hours

to a minute examination of each, comparing word for
word, and closely looking at the signatures, many of
which he said he knew to be genuine. Having
done this, he delivered to the Master a copy
of the pamphlet, with the narrative portions struck
out, leaving the reports, subscription lists, letters,
certificates, &c., marked as examined—at the same
time observing to the Master that he had erased
what he could not admit as evidence. Nothing could
have been more clearly understood than that these
certificates were admitted as genuine, and that they
should be used as such. Notwithstanding this, Sir
FREDERICK THESIGER took a technical objection to
their being read to the Court, because they were not
legally authenticated! and thus a body of very im-
portant evidence was shut out, not merely as to Mr.
BARBER'S conduct since his conviction, but demon-
strative of his innocence and entire blamelessness.

We regret that our space this day will not enable
us to go fully into the other pieces of " sharp prac-
tice" exhibited towards this cruelly persecuted man
in the course of the inquiry, not only in reference to
the forgery, but also the malpractice cases. A system
of annoying and vexatious litigation was pursued, which
justifies the opinion of a respected contemporary
(the Law Times, 2d February, 1850) that—
" This branch of the opposition by the Law Institution
appears, then, to us to be utterly indefensible on any
principle of justice and humanity, and gives to the pro-
ceeding more of the aspect of persecution by some per-
sonal enemies, than the act of a public body discharging
a public daty."

THE FRENCH REPUBLIC.

We have received the Paris journals of yesterday.
The Moniteur announces the departure of M.
DEOUYN DE L'HUYs, as Ambassador, to London.
On this subject Galignanis Messenger says :
" One of the rumours on Saturday which tenclei to
occasion the fall in the price of the funds was that of an
order for the immediate departure of the French fleet
fjr the Piraus, in order to protect Greece against Eng-
land. We can contradict this rumour upon good authc-
rity. It is, however, true, that the affairs of Greece,
coupled with those of Switzerland, have occasioned the
immediate departure of M. Drouyn de l'Hum who left
Paris last evening as Ambassador Extraordinary to the
British Government. Count Slarescalchi, the secretary
to the French Embassy, will leave in a few eays."
On the 31st ult. no less than 207 persons were
arrested in Lyons and its suburbs; of these sixty
natives of Lyons, who proved that they were work-
men seeking employment, were discharged; sixty
who were not natives of Lyons were passed home to
their respective communes ; and the remainder, who
were recognised as vagabonds and discharged convicts,
were committed to prison. No reasons are given for
these wholesale arrests.

M. MARC DUFRAISE, Representative of the people
and editor of the Ruche de la Dordognp, has been
sentenced to six months' imprisonment and a fine of
2,000 francs, for exciting the population to civil war.
The following are the Republican candidates for
the department of Saone and Loire :—MM. ARMAND
MARRAST, DUPONT DE BUSSAC, MADIER DE MONT-
JAU, and EUGENE SUE. There is every probability
of their success.
Several steamers have left Toulon for Civita
Vecchia, to bring back troops from Rome.
The Journal du Cher of the 2d states that an
Irish priest, inhabiting one of the communes of the
arrondissement of Ssncerre, has been expelled France.
The Bourse was animated, and a considerable
quantity of business was transacted. The Five per
Cents. opened at 94f. 75e., fell to 94f. 70c., and rose
subfequently to 95f. 50c., at which price they closed ;
the Three per Cents. closed at 57f. 90c. ; Orleans
Railroad Shares at 812 f. 50c.; Rouen, 595 f.; Havre,
252 f. 50c.; Great Northern, 4671. 50e.; Avignon, 212 f.
50c.; Vie: zon, 328 f. 75c.; Paris and Strasburg, 360 f.;
Tours and Nantes, 267 f. 50c.

BUSINESS DONE IN FOREIGN RAILWAYS AT THE

LONDON STOCK-EXCHANGE, FEB. 4.

Boulogne and Amiens, 7% Dutch Rhenish, 2—East In.
dian, 4—Luxembourg, 24—Orleans and Bourdeaux, 33/4—
Rouen and Havre, 93/4.

SPAIN.

Madrid journals of the 30th ult. nave arrived.
The Senate on the 29th ult. adopted the Bill on
the army, and that on railways. In the Chamber of
Deputies, the debate on the Bill for authorising the
Government to levy the taxes was resumed, ; and, in
the course of it, M. GONZALEZ BRAVO demanded ex-
planations from M. Rios ROSAS with respect to cer-
tain reflections he made on a previous day , he
specially required to be told: if M. Rios Roses had
meant to charge him with being an apostate to his
political principles, and with having committed in
1843 a dishonourable action ? To all this M. Rios
Roses replied in an evasive manner. M. GONZALEZ
BRAVO thereupon became greatly irritated, and applied
some strong language to M. Rios ROSAS. At this the
latter fiew into a violent passion, and in a wrathful
reply attacked M. BRAVO more severely than before.
Great agitation was caused in the Chamber by the
affair, and the whole of the sitting was occupied by
observations and explanations from the two adver-
saries, the Minister of the Interior, and other depu-
ties. On the rising of the Chamber, a meeting
between M. Rios ROSAS and M. GONZALEZ BRAVO
was arranged ; the seconds of the former being Gen.
BLASER, M. NOCEDAL, and M. SAN Resiem ; of the
latter, General AasiEito, M. POLO, and M. GARCIA
llinewo. The weapon chosen was the pistol. An
exchange of shots took place without result, and the
pistols were reloaded. Lots were drawn to see
which of the two should fire first. The
chance fell on M. GONZALEZ BRAVO, and he
fired at M. Rios Roses without hitting
him. M. Rios ROSAS then returned the shot, and M.
GONZALEZ BRAVO was struck in the breast. Me-
dical men dressed the wound on the ground, and
M. GorizeLaz BRAVO was conveyed to his residence.
There the wound was dressed a second time, but the
efforts to extract the bullet were unsuccessful. The
wound is stated to be very serious, but the physicians
state that they do not consider it mortal. The affair
had caused a profound sensation in Madrid.

On the 30th the Chamber did not meet before
four o'clock. It rejected by a large majority a mo-
tion of M. ORENSE, to the effect that the debate on
the Bill on the Taxes should not be closed so long as
any deputy should wish to speak. The Chamber
was left sitting.
Great agitation prevailed in the Assembly, and it
was rumoured that the Ministry had resolved to close
the session at once.

MADRID BOLSA, JAN. 30. Three per Cents.,
20 9-16:;Five per Cents., 12:1 Exchange on Lon-
don, 50 33.

GEMIANI.T.

The Preuissische Staats Anzeiger publishes the
following royal message to the two Houses of Par-
liament:—

" We, Frederic William, by the Grace of God King
of Prussia, &c., have been katiiefied to sae from the last
resolutions cf the two Houses of our Parliament, that a
greet majority of them have assented to our propositions
on the Charter of the Constitution. Respecting the
abolition of entails we bavo been grieved to find the
same assent could not be obtained. We purpose, there-
fore, in the spirit of the proposition to reserve, fur the
14W on entails as well the preservation of the vested
rights of the claimants, as a foundation for the constitu-
tional creation of an Upper House.
" We take it that the revision t f the Charter, as sti-
pulated in the draught of that document, dated sth
December, 1848, is now concluded. We have, therefore,
ratified the said Charter with all the changes and addi-
tions voted by Parliament. According to the conclud-
ing clause cf that Charter, we are now willing to take
the oath prescribed therein in the presence of our two
Houses cf Parliament, and in return to receive the oath
cf our Ministers and of the Members of the said two
Houses. This solemn act is to take place on Wednes•
day, the 6th cf February, of this year, and we call upon
the Members of the two Houses to assemble on that day,
at 11 o'clock A.m., in our Royal Castle et Berlin.

" FREDERIC WILLIAM."
" COUNT BRANDENBURG, VON LANDENBERG,
VON MANTEUFFTL, VON STItOTHA,
VAN DER HEIDT, VON RABE,
SI3IONS, VON SCHLEINITZ.

" Charlottenburg, Jan. 31, 1850."
M. DE BOLDESCHURUGII, President of :the Council
of Administration of Germany, has, like tbe Minis-
ters BRANDENBURG and MANTEUFFEL, been elected
one of the Representatives of Berlin in the German
Parliament of Erfurth. In thanking the electors for
the hononr conferred on him, M. MANTEUFFEL de-
clared that he would serve by all means in his power
the great cause at Erfurth (that of the unity of Ger-
many), and for that purpose would associate himself
with M. HENRI DE GAGERN. He added, however,
that he would not forget the important interests of
Prussia and Berlin.

A letter from Wissemburg status that ten German
refugees had arrived in that town from Switzerland,
to be conducted beyond the frontier. Two of them
refused to leave the French frontier, declaring that
they feared being shot. At their own request they
were enrolled in the foreign legion.
The Cologne Gazette states that the Council of
Administration of Germany is occupied with the
question whether the Governments of Saxony and
Hanover, by their proceedings during the last few
inonth, have not violated the treaty of the 16th May,
and whether such violation should not be carried before
the Arbitral Tribunal.
Letters from Vienna of the 30th ult. state that 108
artillerymen with their officers have been frozen to
death in the neighbourhood of Wesselburgh. Typhus
fever has broken out among the troops in Bohemia
and on the borders of Sixony.
The Atrgsburgh Gazette states that the Austrian
Government is about to proclaim, from the Ist of
May next, its adhesion to the uniform legislation in

matters of exchange, which is now in course of exe-
cution in all Germany, except Bavaria.

HUNGARY

The butcheries of Pesth have been revived, Ko-
LASSY and two unfortunate Honveds were hanged
there on the '23d ult. The thirst for blood of the red
Emperor is not yet slaked.

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