The Sun.
London, England, 1850-07-01 00:00:00

FRASER.

" The English in the Nineteenth Century" is the
title of a prophecy of the future destinies of the An-
glo-Saxon race ; after having unsparingly exposed the
faults and the foibles of the individual Englishman, his
money-worship, his rank and title-worship, his hypo-
crisy, his love of barbarous sports, his credulity, his
inconsistency, his prejudices, the writer thus proceeds
to discourse on the English in the aggregate :

" '['urn, upon. the othe-r hand, to the effect that this
peculiar compound islander has produced upon the world.
Mark his aggregate in place of his individual action.
His foibles, faults, peculiarities disappear—good, bad,
indifferent, vanish. All his characteristics blend and
form a whole which can be paralleled nowhere among
any existing people. This is no egotism, no partiality.
none of the base coin befoie paid to offer incense to per-
sonal self-love. The truth or falsehood of the point is
open to the decision of the whole world. Fact, evidence,
all are clear for the use of those who choose to make use
of them. The unaccountable, cool, proud, exclusive,
money-making, prejudiced Englishman, is lost in the
magnitude of the effect produced by his united action.
It is here that he stands with his majestic front, a giant
among:: the inhabitants of the earth, an indomitable crea-
tion viewed by his achievements, by his spoken lan-
guage, by his extent of dominion. History will paint
him in this light; coming nations will sketch him thus
i❑ fancy, perhaps after he has utterly disappeared from
own seagirt land. The individuals that hewed the
stones of the Egyptian pyramids were as diverse in cl;a-
reefer as the Englishman, and of as little moment indi-
vidually to the work which they achieved. Those won-
derful architects live in the aggregate of their stupendous
labours. The labours of Englishmen will be more en-
during than the pyramids, although they may not be of
porphyry. The durability of the mightiest human ef-
forts is not linked to a decomposing material, they sub-
sist in words ever fugitive and ever perishing, but con-
tinually renewed. That which runs a race with time
cannot consist of what time annihilates."

LONDON,

Barnett 's pamphlet on this sulji=ct, to do justice to
" the gorgeous raise en scene of tue opera at het.
Majesty's Theatre," to" the poetry to be found in the
dancing of the bullet sprite who floats before the eyf.,
to mthic in the air, as the Ariel of our dreams," to "that
wonderful realisation in look, gesture, and bearing,
as the monster Caliban, of that marvellous old man "
Lablache, and "the eriquis,ite vocalization and gentle
grace of the Countess artist" as Miranda. The gross
ignorance of M. Ledru Rollin in all matters relaticg
to Englmd and the Eng!ish is well exposed in a re-
view of his recently published book. The review is
preceded by a sketch of his political career. We have
the first chapter of a new novel, " The Heirs of
Gauntry," which promises well ; and a paper on the
Island of Cuba concludes the Fraser for July.

SERIOUS ACCIDENT TO SIR ROBERT
PEEL.
We regret to announce that en accident of a very
serious nature occurred to Sir Robert Peel on Sa-
turday evening, as he was proceeding up Constitu-
tion-hill on horseback. Sir Robert left his residence
in Whitehall-gardens shortly before five o'clock, at-
tended by his groom, and passing through the park,
had arrived nearly opposite to the new entrance into
Grosvenor-place, on Constitution-hill, when his horse
suddenly shied at something that was pie-sing, and,
kicking up its heels, threw Sir Robert over its head
on his face, in the road. Although rendered insen-
sible by the fall, Sir Robert for the moment retained
hold of the reins, and the horse being thereby sud-
denly checked, fell heavily upon Sir Robert, the
animal's knees striking him between the shoulders.
There were several persons passing near the spot
at the time, and among the rest Sir James Clarke, her
Majesty's physician; the Rev. Canon Wood, chaplain
to her late Majesty the Queen Dowager; Commo-
dore Eden, nephew to the Earl of Auckland ; and the
Rev. Henry Mackenzie, vicar of St. Martin's-in-the-
Fields, who, with Mrs. Mackenzie, was walking
through the park. The first persons to raise Sir
Robert from the ground were two gentlemen named
Towll and King, one residing in Chesham-place, and
the other in St. Paul's Churchyard. The Right Hon.
Baronet was then completely insensible—his features
were slightly abrased, and his face perfectly pallid,
indeed, so much changed, that it was some moments
before his identity was discovered. Sir James
Clarke, on observing the accident, hastened forward
to render all the assistance in his power ; and Com-
modore Eden, who was the first to recognise Sir
Robert, gallopped off to give the first information at
the Right Hon. Baronet's residence, and endeavour
to lessen the shock to the family on receiving the in-
telligence. Another gentleman gallopped off to St.
George's Hospital, and returned immediately with
one of the medical assistants and a cabriolet to re-
move Sir Robert. Mr. Mackenzie just previously ob-
serving an open carriage approaching, in which were
two ladies, Mrs. Lucas, of Bryanston-square, and her
daughter, had explained to them the serious nature
o' the accident, upon which Mrs. Lucas at once in-
sisted upon alighting and placing her carriage at Mr.
Mackenzie's disposal. Sir Robert had at this time
shown symptoms of returning animation, and t-ir
James Clarke having expressed his opinion that his
removal might be effected, was lifted into the car-
riage, and supported by the two gentlemen who had
picked him up, and attended by the medical officer
from St. George's Hospital, was driven slowly home.
On Sir Robert's arrival in Whitehall-gardens he
was immediately placed in bed and subjected to a
medical examination. Sir Benjamin Brodie, Dr.
Seymour, Mr. Caesar Hawkins, Mr. Hudson, and
Mr. Jackson, the family surgeon, were very soon in
attendance, and after a careful examination had been
made the following bulletin was issued :
" Whitehall-gardens, June 29. 7,P.M.
" Sir Robert Peel has raft with a severe accident by
falling from his horse. There is severe injury of one
shoulder, with a fracture of the left collar-bone. There
is en at reason to hope that there is no internal injury."
It is gratifying to be enabled to add, that Sir Ro-
bert's head is uninjured.
After Sir Robert had been placed in Mrs. Lucas's
carriage he partially recovered sensibility, and at-
tempted to replace his hat upon his head. He subse-
quently sank into a kind of stupor, from which there
it too much reason to fear he has not yet perfectly
recovered.
The agony of mind exhibited by Lady Peel and
all the younger members of the family on being in-
formed of the accident, may be more easily imagined
than described. Sir Robert and Lady Peel were en-
gaged to dine with the Earl and Countess of Jersey
on Saturday evening. The party was, of course, put
off on the instant of the catastrophe becoming known.
The Viscountess Villiers and all the members of the
family (with the exception of the eldest son, Mr.
Robert Peel, who is in Switzerland) arrived at
Whitehall• gardens within a very short period, and re-
main in attendance.
Almost immediately after the accident his Royal
Highness Prince Albert, accompanied by the Prince
of Prussia, arrived at Sir Robert's residence in
Whitehall-gardens, to make inquiries after the Right
Hon. Baronet. His Royal Highness Prince George
called at seven o'clock, and the Duke and Duchess of
Cambridge sent to make inquiries.
Viscount Palmerston was one of the first members
of the nobility who sent to ascertain the state of Sir
Robert, and to inquire after Lady Peel and the fa-
mily. The Noble Viscount received a written reply
from Captain Peel.
The answer to inquiries up to a , late hour on Sa-
turday evening was, that Sir Robert was progress-
ing as well as could be expected, and that he had had
some slumber. A great number of the nobility
and gentry called in Whitehall-gardens during the
evening.
The intelligence of the accident caused a deep feel-
ing of regret among all classes, and formed the ab-
sorbing topic of conversation in every circle.
At nine o'clock yesterday morning the following
bulletin was issued, after a consultation, at which all
the medical gentlemen in attendance were present :
" Sir Robert Peel has had an indifferent night, but
there are no more unfavourable symptoms.
" Sunday—nine, A.M."
The Queen and Prince Albert sent to inquire after
the Right Hon. Baronet at an early hour yesterday
morning. The Duke and Duchess of Cambridge and
the Duchess of Gloucester also sent to ascertain the
state of the Right Hon. Baronet.
At one o'clock yesterday, after a second consulta-
tion, the following bulletin was issued :
" Sir Robert Peel is quite as well as he was—per-
haps a little better.
" Sunday, one, A.m."
The Duke of Wellington, who had called on Sa-
turday evening, paid a second visit this afternoon to
make inquiries after Sir Robert. During the whole
day Whitehall-gardens were crowded with the car-
riages of the nobility and gentry, calling to make in-
quiries.
At six o'clock last evening the following bulletin
was issued, after a short consultation :
" The symptoms under which Sir Robert Peel la-
boured yesterday have not subsided, but no new symp-
toms have arisen to cause more alarm.
" Sunday, 6 P.M."
A fourth consultation was to be held last night. It
is earnestly hoped that, in the event of the unfavour-
able symptoms not increasing, a change for the better
will take place on Tuesday—the third day.
We believe we may state that the accident occurred
thus :—Sir Robert Peel has for many years past
ridden a favourite bay mare. This animal being
somewhat old, Sir Robert was strongly advised to
obtain a more sure-footed horse, and the animal from
which he was thrown was purchased, at the recom-
mendation of Mr. Beckett Denison, M.P., at Tatter-
sall's, only a few weeks since. it is not a young
horse, as has been stated, but 8 or 10 years old.

This is followed by an article on American poetry, in
which we have various specimens from the American
tphooestes.ofOrif
atteeeskerious poems here quoted, we consider
Longfellow,
canza far superior to those of any other ,
his earlier
speaking, dwhose reputation has been made by the
•
porea camaraderie, has not fulfilled the promise of
Boston
and Poe is of the quaint or, more
which is our utter of the " affected " school of poetry,
properly
thatyoung ladies
his imitators
; of Poe, and his models in
imitators in America, we say, as
England, and
133 eon said of very
poets of this school are great
(with whom, by the
bye, we observe
The nursery lisps forth,‘ i
~
alwayssmell
of
they stutter
favourites)—
tlhreadwaondthbu,qttuerir.'e's
of
Sir Charles of Estienne,"
America has recently
IT:, e
the
s legendaryidQ esuathkeeyr balladpoet
Whittier, is
Longfellow and reams of Poe.
Peter ttheiYindar,
of
Boston, their equal
seen the advent of a genuine witty asatirist,,reer
_a po v t
who may take his place by the siHdeoookf,
Thomas Ingoldsby, or Theodore
—we mean James Russell Lowell,
" Fable for Critics" and whose "Biglow )upersbe„
are replete with quaint rhymes, shrewd satire, and
outrageously laughable puns. We shall keep a
look out for the appearance of fresh productions
from the pen of Mr. Lowell. "Leaves from the Note
Book of a Naturalist" are continued, and we have a
review of a batch of recently-published books of
travel. The neglect, and worse than neglect, of the
Commissioners of Woods and Forests, or their under-
lings, are well exposed in an article on the recent
report of the Committee of the House of Commons;
end the cause of University reform is ably advocated
in an article on Oxford. In an article on The Tempest
as a lyrical drama, the writer takes advantage or the
opportunity afforded him, by a review of Mr. Morris

MONDAY E4fENINa, JULY 1, 1850.

On tl-e mind of the Attorney- G ‘Yho, as coun-
sel for the dismissed clerk, suggested that the Tree-
bury might protect the suitors by requiring sureties
from an embarrassed c',ik—a solution of the diffi-
culties cf his case not likely to prove very satisfu. -
tory to the suitors, who naturally think it quite
enough to have the trouble of obtaining judgment
against their debtors, without having to wait for a
second judgment against an insolvent clerk or his
surety ! Mr. Justice Erle thus expressed himself :
"lum of the same opini6n. The j,nigu f a county
court may discharge the clerk in case cf inability; bt,t
the, clerk haws right to raise the question, whether that
inability exists, and that question is for a jury to decide.
The question has been referred to a jury, and they find
that though the relator was dismissed or inability, no
other inability except insolvency could be charged upon
him. That Seems to me the Lull effect of the finding.
So that there is no actual mental or bodily inability, but
circumstances are found to exist, such that it is very
probable that the mind might be affected, harassed, and
distracted by them, or the man's principles of common
honesty might be endangered. But then these circum-
stances are merely evidence.
" The fact of insolvency does not—as a conclusion of
law—import the inability spoken of in the statute.
There may be, and often is, a state of hopeless insol-
vency without any fault of the individual, and hefting
him in a coarse of ordinary prudence and the most com-
plete honesty."
These remarks, also must be understood as exclud-
ing the consideration of the clerk's pecuniary respon-
sibilities. It can scarcely have been meant that a
dismissal must be postponed until that officer absconds
with the money of the court, or commits some other
irremediable act of fraud or embezzlement! Such,
however, is clearly the legal effect of the judgment.
This decision, by giving a dismissed clerk an ap•
peal to a jury, renders the power of dismissal prac.;
tically useless for the purpose of maintaining proper
discipline among those officers.
The verdict of a jury may be reasonably required
before punishment is inflicted or property taken away
—cases in which strict proof may fairly be imposed.
But to require similar evidence as a preliminary to
the dismissal of improper persons from offices of a
public or private nature is to afford impunity to mis-
conduct and incapacity.
What would become of any private establishment
if its master could not change his servants except on
such proofs of " inability or misbehaviour " as would
ensure for him the verdict of a jury ?
A dismissed clerk may now drag his successor
through the following stages—viz., 1. Dismissal by
the judge. 2. Approval by the Chancellor. 3. Motion
fur rule nisi for a quo warranto. 4. Motion to make
rule absolute. 5. Pleadings and trial of the quo war-
ranto before a jury, with any given number of new
trials should there be a legal flaw, or a doubt in the
evidence, &c. 6. Writ of error.
What man of sense would accept on such conditions
an office of small emoluments, such as most of the
clerkships are ? One year's cost of litigation might
be ruinous. The worst characters whose removal is
most necessary are invariably the most troublesome
and litigious, and therefore the most certain of im-
punity.
The circuit in which I act as judge, includes as
many as twelve court towns, the officers are conse-
quently numerous, and hence my experience respect,
ing them has been various.
During the last three years I have frequently felt
it my duty to dismiss clerks or bailiffs. In spite of
care and caution in the selection, men will turn
out differently from what we are led to anticipate.
Few, perhaps none of these dismissals would have
been established before a jury, though the evidence
of misconduct was clear morally. That evidence
could commonly have been such as leads in Scotland
to a verdict of "Not proven."
Unless courts of justice possess public confidence
they will be practically useless. Lsgal subtleties
will not be substituted as a guide for the prudential
maxims of every-day life. Men of business will not
trust an embarrassed banker, nor employ an insolvent
agent to collect their debts or pay their workmen;
nor will they resort to a court in which the clerk is
wanting in honour or in solvency ; they will prefer
leaving their debts in the keeping of their debtors !
The County Courts have been only three years in
existence, they were founded to establish a more pure
and efficient administration of the law. The suitors,
by whom alone these courts are supported, have a
claim to the services of honest and trustworthy offi-,
cers even higher, if possible, than private individual
possess, to honest servants in the care of their own
property and affairs.
The commercial community has an imperative
right to a redress of this grievance, simultaneously
with an extension of the responsibility of the county
clerk, arising from the custody of larger sums o

money.
Serious, however, as is the mischief, it admits or
redress by means of a very simple remedy. All that is
required is an explanatory amendment of the original
County Courts Act, which may be engrafted on Mr.
Fitzroy's Bill. The equivocal words, "inability or
misbehaviour," should be cancelled. Power of dis•

missal should be given for sufficient cause, subject ti
the Chancellor's approval, which should be mad,
final, as appears to have been the real intention of th,
County Courts Act. No one supposes that the cx.
isting facilities of ulterior litigation can be favour•
able to any but to men of bad character, or that tae
power of dismissal will be open to abuse when sub•
jected to the superintending control of the higheal
and most responsible legal functionary of the realm.
I remain yours faithfully,
A JUDGE OF THE COUNTY COURTS.
June 19, 1850.

THE POST-OFFICE.
TO THE EDITOR OF THE SUN.

SIR,—You are perfectly right in asserting that the
suspension of the collection and delivery of letter
by the Post-office on a Sunday is illegal. The whole
mass of Post-office Acts contemplate, in spirit and in
words, the effectual, speedy, and uninterrupted deli-
very of letters ; and the very latest of these Acts,
10tb and 11th Vic. (to which the Royal assent was
given July 22, 1847), is specially entitled " An Act
for giving further facilities for the transmission of
letters by post," &c. All the Acts contemplate, in -,
volve, and go for facilities of transmission, and one of
them enacts severe penalties against any official per-,
son or persons who shall detain or delay letters in
transitu.

Under this clause, a party advising his agents to
apply for and demand on a Sunday of a local post-
master, a post parcel or letter, arranged between
them to be so posted as to be in that postmaster's bags
and possession on such Sunday morning, and taking
care to have witnesses to prove the application for
such post parcel or letter, and the refusal to deliver it
on demand, or such closure of the office as shall
amount in practice to detention and delay in delivery
of such letter, &c., will have a right of action, and
would inevitably recover damages of the official, so
without legal authority detaining and delaying such
parcel or parcels, letter or letters.
Let some dozen companies, who can " sue and be
sued," &c., and have pecuniary strength for the con-
test, take up the cudgels of the law in this atrocious
matter, and Lord J. Russell will soon learn that if
facilities of transmission must be acquired and ar-
ranged by nothing less than Acts of Parliament,
facilities of detention and delay (caprices, crotchets,
I should say) can only be legally valid and enforced
by an equal power and authority, and not by the
mere bye-law power of the Post-office, called into
action by incomplete, and therefore incompetent au-
thority, and operating in utter abrogation of esta-
blished practice, and contrary to the whole tenor,
scope, and meaning of the Act or Acts in which such
bye-law power is given and validated.
The bye-law power to which I allude, and on which
our no-lawyer Chancellor of the Exchequer and his
co-blunderers rely, is conferred by the 9th clause of
the 2d and 3d of Victoria, and runs thus :—" And be
it enacted, that all post letters shall be posted, for-
warded, conveyed, and delivered, under and subject
to all such orders, directions, regulations, limitations,
and restrictions, as the Postmaster General, with 'the
consent of the Lords of the Treasury, shall from
time to time direct." This is only a bye-law power,
or power in a minor degree, which must be exercised
in accordance with, not in contravention of, the
major power and purpose of the Post-office Acts,
which, both in spirit and letter, and (till last Sunday)
in long-established practical interpretation thereof,
contemplate and provide for sure, speedy, uninter-
rupted, and daily facilities of transmission of post
letters, &c., by the national post.
When the public, by its representatives, surrendered
to the Post-office the legal right to the monopoly of
postal business, &c., the implied covenant, nay, the
spirits of all the Acts and many of the words, justify
me in saying the expressed covenant with them was,
'
that the Post-office should work in their interest, and
on their behalf, without failure, lathes, or intermis-
mission, de die in diem.

Most corporations have Acts in which a power to
make bye-laws is contained ; suppose the main con-
dition of a corporation were that it should keep up a
minimum capital of half a million stirling, would any
133 e-law power of limitation, restriction, &c., entitle
the directors to meddle with that main provision ?
No. Their power of limitation, &c., must be exer-
cised on minor details which shall not affect or con-
travene the major and main condition of their incor-
poration. A deed alone can extinguish a deed—an
Act of Parliament alone interfere with the essen-
tials of a preeeding Act. The power to stop the post
l
on a Sunday, without Act of Parliament, is beyond all al
possibility of contradiction, under such an
the enabling
clause as that I have quoted, and on which
at
any
on-
legal party rely, a power to stop thepost,
hour, or time, or day, or days, of thel
laic) wd
or induced
exercisers of such power eek that the
may I?e' c-wande undeniable!
to think fit. This is peremptory
No—this clause must be tesatefficle,eqAtiocutd., tchoeyenwal otlse,
meaning and tenor of the Po.st-
Victor's,
and liabilities, just as the interpretation. clause (2.0)
of the last Post-office Act, 10th and llth