The Sun.
London, England, 1850-09-06 00:00:00

Obriebiltilft

LONDON, FRIDAY, SEPTEMBER 6, 1850.

A case which was investigated before Mr. INGHAM
at the Thames Police-court on Wednesday, affords a
mel incholy illustration of the condition of a vessel, in
which master and crew appear to regard each other
as enemies from the very commencement of their con-
nexion, and resolutely avail themselves of every op-
portunity of mutual annoyance. In such cases there
are generally faults on both sides. Triflir.g diffe-
rences will almost necessarily arise between a master
and osew hastily collected, and brought together
for the first time, which a little forbearance
and good temper on either side would speedily
arrange, but which are fomented and aggravated by
injudicious conduct, each party to the dispute endea-
vouring to thwart the other, until a state of affairs
arises destructive of all discipline, highly injurious
to the interests of the owners, and exceedingly dun-
geroua to the safety of the ship and cargo. The
master is necessarily entrusted with extensive powers.
He can, if he pleases, render the lives of the sailors
miserable while sailing wider his command ; and we
fear that many petty tyrants irritate and provoke
the seamen for the mere purpose of showing their
authority, while the latter are but too ready
to retaliate. Although they cannot openly rebel
without risking the serious consequences of a mutiny,
they speedily discover the weak points of their com-
mander, and let slip no opportunity of " vexing the
captain."
In the present instance, four seamen, named
PHILIP NE.-ILE, JOHN HANNAGAN, CHARLES WIL-
LIAMS, and JOHN IVADLER, summoned Captain
ALFRED PALMER, master of the ship North Star, for
various balances of wages, amounting in the whole to
461. 10s., for services on a voyage from London to
Maatatlan and beck, and in the course of
the inquiry the circumstances, so discre-
ditable to all parties concerned, were elicited.
The captain resisted payment on the ground of very
bad conduct on the part of the men; while they
charged him with " great tyranny and harshness?'
One of the men (Pamir NEALE) declared " that the
captain and mate were always abusing the crew ;"
and another (lIAsNAGAN) deposed on oath that "at
the commencement of the voyage the captain said he
would make the ship a hell afloat"—a promise which
seems to have been v-ry completely fulfilled—and
that he had " refused to allow the ship's company
an hour for their dinner." Oa the 20th
Nov ember matters appear to have reached
a pnint very nearly approachirg to a mutiny. On
that day the crew turned out before daylight to wash
the deck ; at eight o'clock, a.m., the yards w ere

squat:el, and the larboard wa'ch w(rit below to
breakf,,st, and bad warcely got into the forecastle
when they were called on deck to set sail. This was

an..order si hich should have been instantly obeyed.
If iniaElitave been that the starboard watch then on
diitir.e.oul aye performed the task without assist-
sinee,that Ilia time was selected fur the express pur •
pose :of tli!A ying the crew, but still it should
have teen • romptly submitted to, even though
the men 'Night keenly feel the petty slight.
In place /of so doing, howevcr, they gave
A S

a great advant age to the captain by an.
swering that " the •y would come up when they finished
their breakfast." The captain seized the opportunity ;
he at once ordered NEALE to be put in irons, and
declared that be• would stop six days' pay from
each of the others. This order, also, seems to have
been resisted. NE. ►LE ran away into the forecastle,
and the crew prevented the mate from following bin%
Captain PALMER then brought out a brace of pistols
and threatened t a shoot one of the men named
KING, if he would not go down and bring
up the fugitive. Several of the men were then
placed under arrest, and, to use the language of the
seaman NEALE, " they all agreed to go into irons,
and were immediately put in confinement and called
mutinous rascals. They were stapled down to the
deck, and continued in that state, suffering greatly,
for two days, when they got quit of their irons."
After such painful exhibitions of mutual ill-
feelir•g it is by no means surprising that the men
were inclined to desert on their arrival at Mazatlan,
It scarcely required the temptation of " easy access
to California" to induce the seamen to leave the
vessel where they bad been treated in such
a manner. Five of the crew accordingly
went off, and were absent from the 13th to the 21st
of March, when they were arrested by the Mexican
soldiery, in consequence of a reward of twenty-five
dollars per head being offered for them. The
captain then had them detained in prison until the
ship was ready to sail under a local law, paying
51. 45. Bd. police charges for each, so that on the
whole the owners lost nearly 1501. by their conduct.
On the investigation each party exhibited a most
litigious spirit. The men took advantage of a clause
in an Act of Parliament to refuse credit for an ad-
vance which they had actually received, while every
forfeiture or penalty that could be enforced was rigo-
rpusly insisted on. It is to be regretted that these
facts should only have been indirectly brought to
light in a proceeding for a pecuniary demand. The
whole case should be closely scrutinised, and the
guilty parties, whosoever they might be, whether
master or seamen, should receive punishment. For-
tunately the Act passed during the last session, and
which will come into operation in the beginning of
the year, will provide suitable remedies for all such
transactions occurring after that time.

We recommend to the attentive perusal of our
readers the report of the proceedings of the Blackburn
County Court, on Monday, which appears in another
column. It was the first Court that had been held
since the passing of the new Act, and the judge, Joax
ADDISON, Esq., took the opportunity of delivering an
admirable address on the subject, an address which
gives the best, the most succinct, and at the same
time comprehensive view of the nature of the new
Act and its probable working, that has as yetbeen pre-
sented to the public. Like all persons engaged in the
administration of a particular code of law, Mr. AD-
DISON is, however, sometimes inclined to ignore some
of the dangers of his own system, and to consider as
defects in the old system of procedure things which,
in truth,are defects in the new. We protest against his
attempt to sneer down trial by jury, in that passage
of his address in which he asks, " Why should not
the parties, when they both desire it, have their cause
tried by the enlightened mind of the learned judge
at the assizes, instead of the chance medley of a
jury." For ourselves, we must confess that in cases
where the real merits of the cause only have to be
decided we should prefer infinitely to have the de-
cision of twelve men of business, twelve men of the
world, taken by chance, if you will, from the jurors in
attendance, to that of a judge learned only in the
law, and whose mind is cramped and warped by the
Prejudices of his rank and of his profession. The
probability is greatly in favour cf the abstract justice
of the decision of a jury in such cases, more espe-
cially when we recollect in how many instances, of
late, judges of the superior courts, unable to forget
their old habits of advocacy, have become actually
counsel for plaintiff or defendant, as the case might be,
and have only been kept within bounds by the clear-
sightedness and strong sense of justice of the jury,
who have refused to suffer themselves to be misled
by the bigotted prejudice of the presiding judge. It
is not every learned judge wbo possesses the rare
judicial talent, the strict impartiality, the innate
love of justice, and the unvaryingly sound judgment
of Lord CAMPBELL. We shou'd like to see the in-
tervention of a jury more frequently in County
Court cases. Where a Curt is presided over by such

men 23 Mr. ADDISON or Mr. Sergeant DowuNG,
all partics may feel themselves perfectly safe, but we
know t f County Courts in the neighbourhood of the
metropolis which sire neither more nor less than
plaintiffs' courts; and such all County Courts will

become, when they are presided over by an incompe-
tent judge. This evil, however, will be in a great
measure remedied, whenever a regular County Court
bar shall be organized, as the judge would not dare
to act, under the surveillance of a bar, in a glaringly
unjust cr indecorous mariner; we are, therefore, re-

juiced to find that Mr. ADDISON recommends the im-
mediate organization of a bar, und we hope that all
members of the County Court bar will act upon Mr.
Sergeant DOWLIIcG'S recommendation, and appear in
Court robed, as they would in Westminster Hall. li,
order to maintain an efficient bar, it is necessary that
Mr. ADDISON'S very judicious recommendation to
" others to abstain from pleading" should be strictly
attended to ; indeed, we consider it would be ad-
vis able that in all jury trials, and in all cases
in which the matter in dispute involves
either the exercise of a right or a point
of law, or shall be above the value of 51., the bar
should have pre-audience. I: would be well that the
practice of quasi appeal from the decision of one
judge, which has hitherto existed upon the Blackburn
circuit, should be compulsory on all circuits. "The
judges of this circuit and the next," says Mr. ADDI-

SON, " have conferred together upon cases reserved for
consideration." It would mike the system complete
if, the Blackburn custom having been made compul-
sory, one of the judges from each conference should at-

tend iu London once a year, to meet his fellow-judges,
for the purpose of digesting these decisions and sub-

mitting the digest to the consideration of any of the
judges of superior courts, on receiving whose sanction
the digest should be considered as of binding autho-
rity in any County Court in the kingdom. By this
means we should secure an uniform method of proce-

dare in these courts—a thing much to be desired,
Mr. ADDISON has conferred a great obligation on all
the friends of a cheap and sr eedy administration of

justice by the delivery of this addre3s, and we trust
that the judges in the other Ccunty Courts will follow
his excellent example cf ttking a careful note of every
case, and of well weighirg every judgment. It is the
only methoi by which they can secure respect to
themselves or confidence in their decisions.

DEATH OF BARONESS ROTIISCHILD.—We announce,
with much regret the death of Baroness Rothschild, who
expired yesterday afternoon at Gunnersbury-park, her seat,
near Ealing. We are informed the Baroness was seized with
determination of blood to the bead on Sunday, the 25th ult.,
and the symptoms, then alarming, continued to increase,
when at halt-past twelve yesterday she expired, surrounded
by nearly the whole of her family. Baron Lionel Roths-
child, who was on the continent when the Baroness was taken
ill, un the receipt of the news instantly returned, and had the
gratification of reaching home before his mother's death.
Sir Anthot y Rothschild, Baron Nathaniel, and Mrs. Fitzroy,
wife of the Right lion. IL Fitzroy, M.P., were also present
at her dissolution. Baron Meyer Rothschild did not reach
London from the Continent until yesterday afternoon, and
was deeply affected to learn that his mother was no more.
The deceased Baroness, who was in her 68th year, was widow
of the celebrated capitalist and third daughter of Mr. L. B.
Cohen. By the Baron, who died in 1836, she leaves issue
four sons and two daughters—baron Lionel, Sir Anthony,
Baron Nathaniel, and Baron Meyer, Baroness Anslem and
Mrs. Fitzroy.

DEATH OF A VETERAN -PLYMOUTH, THURSDAY.
—Colonel William Elphinstone Holloway, C. 8., commanding
officer-of Royal Engineers, expired at his official residence in
the Citadel yesterday afternoon at five o'clock, after a pro-
tracted illness, the severity of which was much increased by
the wounds he had received in the service of bis country.
Colonel Holloway w.ts in the Peninsular campaigns of 1810,
1811, and 1812; he was wound din the trenches before
Badajoz, and shot through the body on the 26th of the same
month whilst storming the enemy's works. The c,lonel re-
ceived the ,ilver war medal with on: clasp fez. Baclejt S.
WritEERINGs IN THE GALLERY 07 ST. PAUL'S.-
, Which is the noblest Chapter of st. Paul ? T. Chapter
that asks Twopence. Have you seen St. Paul's I. brary ? If
so, state what you think to he the lean aid Chapter's no-
ti,,u of the dignity of Letters.—The dignity in letters,
L. S. D. Why does it appear that the Dean and Chapter
never went to Brazenose?—Because they have the face to
stick to coppers. What may the money-takers do with the
bad halfpence?—lndignantly refuse 'em. What do you con-
sider to be the oldest, most vital, and most revert d institu-
tion connected with the Established Church ?—Twopence.--
Punch.

THE LIVERPOOL CAR STRIRE.-LIVERPOOL,TINUES•
DAY.-Owing to a temporary arrangement w th the Town
Council, the hackney-coach proprietors commenced running
to-day. It is expected that the Council will revise their scale
of rates.

THE SUN,

THE FRENCH REPUBLIC.

We have duly received the Paris journals of yes-
terday.
They are principally occupied with the discussion
of three subjects of engrossing importance—the
second visit of the PRESIDENT to the departments—
the opinion expressed by the Councils-General
throughout the provinces as to the revision of the
Constitution—and the recent funeral of the ex-King
LOUIS PHILIPPE.
As to the progress of the PRINCE towards Cher-
bourg (where he is to remain three days instead of
two, as originally intended) everything " goes off"
in his favour admirably, and sometimes with a degree
of enthusiasm.
At Nanterre, the first place passed through after
leaving the capital, he was greeted by the National
Guards and population.
At Saint Germain the garrison was under arms,
and a regiment of dragoons was passed in review by
the PRESIDENT. The cries raised were loud and
cordial, " Viva Napoleon," " Vive le President."
At Triel the country fulks were collected together
in large numbers, and received the First Magistrate
favourably.
Meulon was reached at midday, and after passing
through numerous villages decorated in his honour
with triumphal arches, Louts NAPOLEON stopped
to take luncheon at a hamlet called Juzieres-la-ville,
in the country residence of M. BAROCHE, the Minister
of the Interior. Here the whole of the priests from
the neighbouring parishes came along the road with
the crucifixes and the banners of the Church displayed
to meet the PRESIDENT. He stopped to converse for
some time with the parish priests, by whom he ap-
peared to be most enthusiastically received. Three
parish priests, the sub-prefect of Mantes, the Mayors
of Meulan and the neighbouring communes, and the
officers of the National Guard were present at break-
fist. The honours of her house were done by Madame
BARocHE, lady of the Minister. The PRESIDENT re-
mained only 17 minutes at table, and left exactly at
two o'clock for Evreux. This latter place was reached,
as we were enabled to announce briefly yesterday, at
six o'clock on Tuesday evening.
Before proceeding further in our account, it may
be observed that from Meulan to Mantes the road
was lined with the national guard of the surrounding
country (tbe largest number of which came from
Limay), and that from St. Germain to Evreux the
only cries beard were those of " Vive le President,"
" Vive Napoleon."
Having been received at Evreux on his arrival with
the customary ceremonies, the Provisional Mayor
stepped forward to the door of the carriage, and pro-
nounced the following address :
" Monsieur le President,—The administration and the
municipal council of Evreux are happy to offer you the
expression of the sentiments of respect end gratitude
with which their fellow-citizens are animated towards
your person.
" In giving you the immense majority of their votes,
our population had formed a correct opinion of the chief
from whom they asked the restoration of order and of
public confidence.
" You have realised our hopes, and we are sure that
you will continue to march in the path which will en-
sure the prosperity of France.
"On our side, we can give you the assurance that 1
our fellow-citizens, who have always proved their zeal
in delending the cause of order, would again be pre- '
pared to offer you, if necessary, their co-operation, as
all good citizens, all true friends of their country, ought
to do.

"Reckon consequently on us, Prince, as we count on
you. Viva le President! Vive Napoleon!"
The PRESIDENT made the following reply :
" Monsieur le Maire,—l am much moved by your
words, and by the assurances which you give me. They
do not surprise me, for I am aware of the excellent spirit
which animates the population of this department. Ido
not forget that at my election I received here an im-
mense mejority of votes. I am happy to witness the
present manifestation, and I thank you for it."
Shortly afterwards the cortege proceeded amidst
loud acclamations towards the hotel of the Prefecture,
the carriages passing under triumphal arches and
through a dense multitude.
In the carriage with the PRESIDENT were M.
BAROCHE, the Minister of the Interior, and M.
GUYOT, the Prefect of the Eure. In the second
carriage were General DE LA lime, Admiral Ro-
erAIN-Desrosses, 'and M. ROUHER, the Ministers of
Foreign Affairs, Marine, and Justice. In the other
carriages were M. NIEUWERKERK, M. MOQLYART,
Dr. CONNEAU, Commandant FLEURY, and the officers
of the PRESIDENT'S household.
As soon as the PRESIDENT arrived at the Prefec-
ture he received the authorities. When the clergy
came forward, M. OLIVIER, the Bishop of Evreux,
addressed him as folio a s :-
" Monsieur le President,—The mission of religion is
not only to turn men towards the blessings of eternity,
hut also to teach them how to properly use the blessings
given on earth. It applauds all that promises here be-
low a tranquil and happy lite—it calls down on prudent
Goverrmeets new grace and new illuminations ; it
takes interest in the conscience of nations—in the suc-
cess of great Inuit rtakings—in the maintenance of order
and peace ; it preaches up moderation in those in power
—charity in those who are at the head of it—labour in
the working-classes—resignation amongst the poor—
and concord in all ranks 0: bocieiy.
" It is the glory of your Government, Monsieur—it
is your personal glory—to have placed all these interests
in honour; and in consequence France, in offering you
this le mage as to the guardian of her repose, only per-
forms an act of gratitude, of which I am happy to be the
Interprett r, in the name of the clergy and of the Catho-
lic believers of this fine department."
The PRESIDENT made the following reply :
" I am deeply touched with the manner in which
you regard my mission in this world, and in which you
consider my acts and my conduct since I have been called
to the office of President of the Republic by the votes 01
the nation.
" My object in these journeys is to get acquainted
with the populations, to place myself in direct commu-
nication with their real organs, and to learn thoroughly
their wishes and their interests.
" Religion and family ties are, with authority and
order. the bases of all durable society,the constant,object
of my efforts is to consolidate these essential elements of
the happiness and prosperity of the country.
" I am happy at meeting with the co-operation of all
the eminent men in the country, and with yours in par-
ticular; and I thank you fur the assurances which you
give me in the name of your clergy, whose excellent
sentiments I fully appreciate."
Other addresses, such as one from the Rector of
the Academy, were presented and responded to, and
the reception having lasted some time, a grand dinner
was offered by the PRESIDENT to the authorities and
principal inhabitants. Amongst the guests were the
Duke DB BROGLIE, M. DR VATIMESNIL, and M.
LEFEVRE-DURUELE, all representatives of the people.
The PRESIDENT did not remain long at table, feeling
somewhat indisposed. At ten o'clock a splendid
display of fireworks took place, and the public build-
ings were illuminated. The PRESIDENT was not well
enough to attend the ball given afterwards at the
Prefecture.
As to the opinion of the Councils •General in refer-
ence to the revision of the Constitution, one fourth of
them have already declared in favour of, and but few
against, the proposition. Upon this subject the Presse
has the following remarkable article :
" We do not deny that the Constitution may be im-
proved. That it ought necessarily to be revised is what
we have not to prejudge, and what the Legislative As-
sembly will have to decide in the third year of its ex-
istence by three successive deliberations, at a month's
distance from each other, by three fourths of the majority
of votes. But what is certain is that all parties may de-
sire that revision, and that without being agreed as to
the opportunenesi, may at once admit its necessity. The
Eonapartists desire it, because they hope for an empire
under the name of a presidentship for ten years or for
life. The Conservatives desire it, because they want two
chambers. The Legitimists desire it, because they desire
universal suffrage in two degrees. The Republicans de-
sire it, because they see in the institution of the presi-
dentship at the summit of the Government a phantom of
royalty, a peril for democracy, an element of conflict,
a temptation to usurpation. We shall soon know if
the country also desires it, and, in that case, we de-
clare that it is not we who will throw any obstacle
in its way, for, after all, we are dependent on the
sovereignty of the people. It may, therefore, be
comprehended, that whilst energetically blaming sp-
rit als to illegality, we can encourage and accept appeals
to public opinion. Yes, let France reflect and judge by
all the intelligences and all the consciences! She is sove-
reign, and far from contesting her right, we will defend
it always against those who should desire to usurp or
destroy it. We will beware of imprisoning that sove-
reignty in absolute forms, in rigorous definitions of at-
tributions. We admit the right of the councils-general,
councils of arrondissement, and municipal councils to
express their opinions. Wherever there is a mandate
given there is an authority. Wherever a voice is raised
in the moat humble commune of France, the Govern-
ment ought to have au ear to listen, and a conscience to
judge.. It is by the religious respect for opinion tha;
tree governments. are founded, and that nations, con-
fidingdttehome urpeolitoaira
bureitthe
tx:pneerdmffie
scbsfiroetur:caeiymnt
anything
themselves
gs. moralferlLea eeel,ftyof
for
and
od,
ue
sbroirunpescaacerkirtie.s7 with
ecroani:
desire the revision of the Constitution, let them lf thly.
ey
The Legislative Assembly aid consider expressionthesay
of their wishes. as a serious element of appreciation of
ti e public mind. We invite them merely to be frank
and patriotic. Only we conjure them not to make a
mistake as to their mission, aid ray to themselves that
ths y have not to reply to an appeal to illegality, but to
an appeal to opinion."
Marshal SOULT, the Due de Dalmatia, is prevented
from taking part in the labours of the council-
general of his department, the Tarn, being confined
in his chateau of Soultberg by severe indisposition.
As to the demise and funeral of Louis PHILIPPE,
it is stated by the Assemblee Nationale, that M.
GUIZOT, M. DUCIIATEL, and M. Drudow, Ministers
f the ex-KING on the breaking out of the revolution,
ave left Paris for Claremont.
We read in the Pays :
September. 'rhierTs
oweilclelneobtratleedavreepßra,dseenntabteirfoorehatsl
neeordd if
if
ref cse. We beieve it is not true, as stated, thlt tke