The Sun.
London, England, 1844-03-05 00:00:00

SPIRIT of the PUBLIC JOURNALS

FROM THE EVENING PAPERS OF THIS DAY.
GLOBE.—Lord Worsley last night renewed his no-
tice of motion " for the appointment of a Select Commit-
tee to inquire into the mode of appointment, the duties,
and the present system of remunerating the clerks to jus-
tices at petty sessions in England and Wales, and to report
the evidence and their opinion thereon to the House."
The lateness of the period at which his Lordship brought
this subject before the House of Commons last year,
induced him to postpone it to a future session. The
motion now stands for Tuesday, the 12th of March.
The present system which, we have reason to believe,
Lord Worsley will attempt to reform, is fraught with
evils which, but to state, is to ensure their condemna-
tion from all who are not personally interested in
their preservation from exposure to the public eye,
and eradication from the forms of justice. The first of
these evils belongs to the mode of remunerating the
clerks in petty sessions. This is at present by
fees upon summary convictions. A petty assault, or an
offence under the Wilful Damage Act, for which on con-
viction the magistrates deem a fine of sixpence, or a
shilling, sufficient punishment, is increased, to the ratio
of shillings to pence, by the "costs of conviction." With
a special reference to the subject of Lord Worsley's motion,
we have, from week to week, looked through the reports of
the proceedings in petty sessions, as given by the provincial
journals of several counties; and we state, as the result
of our investigation, that the general amount of costs, on
a summary conviction for a trifling offence, averages
twelve shillings ; while the average amount of fine
inflicted for such offences does not exceed a shilling—
in many instances the penalty was considera-
bly less.. But, whether the fine were one shilling
or twenty, the " costs" were the same ! This
system—now sought to be amended, if not al-
together changed for one more just and equitable—is
not less impolitic to the county rate-payers than it is
manifestly oppressive to the poorer classes. The poor
labourer who, by ignorance or accident, becomes subject
to the fine of a shilling, would find the payment of
that sum sufficiently onerous—especially when the loss
of his day's wages, occasioned by his attendance before
the justices for the hearing of his case, is added to
the fine. But this he might pay. The privations of a
month might permit him to scrape together the amount
of the penalty. We scarcely need remark, that he
must subject himself and family to severe privations to
enable him to do so out of his wages of 7s. or Bs.
per week. But when the justice's clerk announces
the amount of costs, his poverty frequently prevents
him from attempting the arduous undertaking of pay-
ment. The alternative is " a month," or " six weeks'
imprisonment," in the county prison, in default of pay-
ment—according as the magistrates compute the pay-
ment of the penalty by a period of incarceration of the
person, where the emptiness of the purse precludes the
possibility of atoning for the shilling delinquency in any
other way. Then come the charges of the constable for
conveying the defaulter to gaol—his food and other
expenses therein—loss of his place of work, caused by
compulsory absence from his labour—the parochial
assistance which his wife and family will probably
require during his imprisonment ! Add to these the
contamination to which the man has been exposed by
associating with poachers and thieves in the prison—
the stigma which rests upon him, and the suspi-
cion with which he is regarded, and the consequent dis-
inclination to engage him as a workman by the farmers,
if he be an agricultural labourer, or by the tradesmen,
if he be a mechanic—for he has been the tenant of a
gaol !—and some of the effects of sending it poor man
to prison, to associate with those who are and ought to
be subjected to such restraint and punishment, in de-
fault of payment of costs, will be seen. That the con-
sequences of doing so are here rather under than over
stated, is well known by those who have had an oppor-
tunity of watching the operations of the system in
the country generally, and especially in the agricultural
districts. What objection, then, can be brought against
paying the clerks to justices in petty sessions out of the
county rate? Paying them by costs on summary con-
victions subjects the ratepayers to a large increase by
the items we have enumerated, and by the consequences
we have described in the above summary.
STANDARD.—In the House of Lords last night,
Lord Brougham called the attention of the House and
of the public to a late trial and conviction of an indivi-
dual in the state of Louisiana (United States), for
aiding in the escape of a slave. For this offence the law of
Louisiana imposes the penalty of death, and the unhappy
convict has been ordered for execution on the 26th of next
month. The Noble and Learned Lord disclaimed any
purpose of interfering with the independent autho-
rity of the country in which this frightful and most
disgusting tragedy is impending, or even of censuring
the laws which lead to consequences so hideous ;
his only object, he said, was to save the threatened
victim, if possible, by presenting to the people of
Louisiana the view which would be taken in Europe,
of his destruction. Lord Brougham, in the part,
he has taken, has acted with judgment and good taste •
worthy of his humanity. True, we as Englishmen have
no right to question the authority of an American Go-
vernment, or to censure its laws ,whatever may be the pri-
vate opinion of each of us upon those laws. But as men,

lwe have a right to protest against an act of barbarous •
nhumanity, wherever threatened, or wherever perpe-
trated. " Homo sum, et humani nihil a me alienum
puto," said the heathen poet ; and as Christians we
owe a peremptory duty to exercise all the means that
lawfully me can to prevent the commission of an
atrocious crime. Now a strong and indignant
expression of opinion presents means within
our reach, and means which we are bound
to use ; and to such an expression Lord
Brougham's notice summons the country, at least
summons the press, which reflects the public feeling.
Public opinion, according to Mr. Locke, possesses
an influence upon the actions of men more power-
ful than the sanctions of religion and of law,
and it is certainly more prompt than either in
the exercise of its influence ; but there is, if we
may so speak, a public opinion of the conduct
of nations, as there is a public opinion of the acts of
individuals among nations ; and if the United States
will maintain a respectable character in the family
of civilised nations, they must respect thi
opinions which foreigners form of their pro-
ceedings. We readily imitate Lord Brougham's
wise example, in abstaining from all offensive
topics, while considering this particular mat-
ter; but we cannot help congratulating the nations
which have expelled the use of slavery upon their escape
from temptation to cruelty of the most terrible kind,
which they owe to that expulsion—a temptation which
has unfortunately most force whrrever the freemen
are most free. An indifference to the lives and hap-
piness of fellow crreatures, is the blackest
stain upon the Roman character—a stain from which
the brightest names in Roman history are not free ; but
this had its origin in the use of slavery—for when men
are once made familiar with bloodshed in the murder of
slaves, they will soon redden their hands in the blcod of
fellow-citizens. We will not ask whether this progress to
cruel barbarism has taken place to any extent in the south-
ern and western States of the American common-
wealth, because we would avoid every offensive
allusion ; but we point with pride to the freest
people in the world, and the people who for
the longest period have been free in themselves,
and free from the contact of slavery—we point with
pride to the people of England, distinguished above
all other people on the face of the earth, by a horror
of bloodshed, that we would think instinctive to the
Anglo-Saxon race did we not unhappily see that
some of that race, when thrown into the society
of slavery, have lost the glorious distinction
Let us hope that Lord Brougham's notice will
have its desired effect, and that we skall not have to add
to the proofs of the degrading influence of slavery one
more odious, because proving a cruelty more deliberate
and more diffused than any we have yet witnessed.

LINES TO SIR ROBERT PEEL.
(From the Sunday Times.)
[Occasioned by reading his exculpatory speech in defence
of Attorney-General Smith, and his announcement that, to
deter duellists, he had deprived Lieutenant-Colonel Fawcett's
widow of her pension.]

What ! defend like a lawyer, a lawyer's transgressions—
What ! palliate all 'twas your place to condemn ;
With the orphan's appeal mix a counsel's confessions,
And, pardoning the latter, hurl vengeance on them
Think the dead was the challeng'd one, forced by the fashion
Your own acts have sanction'd* to answer the call ;
That SMITH was the creature of petulant passion—
'Twas his chance to triumph, 'twas FAWcErr's to fall.
Go hence with ye—rest on the beautiful bosom
That pillows your head, and be calm if you can ;
Be one vision the last on your eyes as you close them—
That you've beggared a widow, whilst shielding a man.
Qh! cast off the mire of political bias,
Your heart was ne'er doubted—go do thyself right ;
Remember the deed of the prophet Elias,t
Give the orphans their pittance, the widow her mite.
Oh ! bring your heart home to its holy affections,
Warm and fresh let the current of charity flow ;
Is it nobler to add to the widow's afflictions,
Or feel the full force of her husband-less woe ?
By your love for the beautiful woman you cherish,
By the life-blood that once in your mother's veins ran;
Oh . drive not the widow, the orphan, to perish,
Though you act like a Minister, feel as a Max !—L. R.
* Vide Peel's intended duel with O'Connell twenty-seven
years since
t " And the widow said, as the Lord thy God liveth I have
not a cake, but a handful of meal in a barrel and a little oil in
a cruise • and behold I am gathering two sticks that I may
go in and dress it for me and my son, that we may eat it and
die.
" And Elijah said unto her, fear not. The barrel of meal
shall not waste, neither shall the cruise of oil fail."—lst Kings,
chap. 27.—Elijah and Elias are the same.

THE WOOD PAVEMENT IN CHEAPSIDE.—SEWERS'
COURT, GUILDIIALL.-The Paving Committee, in their re-
port, having recommended that the paving of Cheapside should
be forthwith commenced, orders have been given to Mr.
Stevens to complete the street with wood, according to Per-
ring's safety system, of which a specimen was laid down
last year, westward of Bow Church tower, in Cheapside, the
work to commence this day (Monday). The policemen on
duty in Cheapside have kept an account of the number of
accidents which have occurred to horses during the recent
alternation of rainy and frosty weather, upon the stone pave-
ment, and upon Perring's, Rankin's, and Carey's wood pave-
ments respectively; and it is expected that the City Com-
missioner will forwith furnish a correct return to the City
authorities. We regret to be obliged to state that the Com-
missioners of Sewers seemed to have adopted a resolute
fancy for the filth and puddle of their streets, which are in
several places impassable to any other individuals.
CANTERBURY. SINGULAR CIRCUMSTANCE.—On
Tuesday last a large rat was seen running from the forage
store in the Cavalry barrack-yard, Canterbury, which was
seized and killed by a one-year lamb of the Southdown breed,
the property of Mr. R. Wall, who keeps the Canteen. The lamb
is a most docile creature, and has been brought up in the
house. The ewe dying at the time it was dropped, it has
been the companion of a litter of Newfoundland dogs from
that time.—Dover Chronicle.

IMPERIAL PARLIAMENT.

HOUSE OF LORDS, March 4.
NATIONAL EDUCATION.

The Marquis of NORMANBIC (in continuation
from our Second Edition last night) said—This in-
terference had been coeval with the admission to that
Board of certain ex officio members—naively, judges
who had been appointed by the present Government
-gentlemen who had always exhibited themselves
as strong political partisans of the Protestant Ascen-
dancy, who had attended the meeting at the Man-
sion-house in 1837—he meant Mr Baron Lefroy and
Mr. Sergeant Jackson. Mr. Jackson had given utter-
ance to such strong opinions on this subject that he had
been excluded from serving as a judge of assize un-
der the government:of the Duke of Northumberland
and Lord Francis Egerton. Onithe 7th.of April, 1843,
Mr. Birmingham received a letter from Mr. Mathews,
secretary to the Board of Charitable Bequests, stating
that, in the opinion of the Commissioners the school
was not properly conducted as a Protestant parochial
school; that in consequence the trust had not been
properly fulfilled, and that until the school should be
made a Protestant school, the trust-money left by the
Rev. Mr. Pugh would not be paid. The resolution
of the Board, in consequence of which the letter had
been written, had been proposed by Mr. Baron Le-
froy and seconded by Mr. Sergeant Jackson. It had
been passed by a small majority, and among
the minority who voted against the resolution were
the Archbishop of Dublin and Chief Baron Brady
The Noble. Marquis then read an extract from the
will, to show that it was the intention of the testator
to leave the system of education entirely to the dis-
cretion of the clergyman. He did not think that the
Board had any power to withhold the grant. Their
powers were limited to the recovery of charitable be-
quests which had been secreted, neglected, or misap-
plied. The only expression in their constitution which
they could so construe was, that which authorised
them, in cases where the bequest could not be lawfully
applied according to the will, of the testator, to apply
it so as to meet as nearly as possible the intention of
the will. The Noble Marquis then read a letter from
the Bishop of Kildare to the Rev. Mr. Birmingham, '
in which the Right Rev. Prelate informed that
gentleman, that at a meeting of the Board of Chari-
table Bequests, severe strictures had been passed upon
his conduct, and the Bishop warned him that he
brought himself within the provisions of the penal
Act of King Henry VIII., in his 28th year, "unless
he (Mr. Birmingham) should restore his school
to " its proper uses." But the fact was,
the Act of .Henry VIII.. was the 15th and
not the 28th, and its object was not to make the
schools Protestant, but to enforce the teaching of
English. It was passed at a time when there had
been no change in the intent, and it contained a special
enactment that the' pupils should "tell their beads in.
English."—(Hear, hear.) That was a Protestant
enactment.—(Hear, hear, and a laugh.) The Act
contained other regulations relating toteh. dress and
manners of the clergy. They were not to wear "satin.
shirts," nor to wear hair upon their upper lips.—(A
laugh.) He did not wish to read the whole of the
Right Rev. Prelate's letter. His Grace was eighty-
six years of age, and it might be supposed that
the letter contained some expressions which his Grace
at• another time might wish he had reconsidered.
As he did not read the second letter, he would not
read the answer, but the Bishop, in the course of his
letter, states "he was anxious to rescue the property,
and place from the hands of the National Board."—
(Hear, hear.) It was not with the Board of Chari-
table Bequests, but with the minister of the parish
that the control of the funds rested, till this most ex-
traordinary interference of the Board of National
Education. He would not read the Bishop's letter,
because he was aware that a threat had been conveyed
to the Rev. Mr. Birmingham that if he brought the
case, before Parliament it was possible a temporary
license of non-residence, which he had on account of
the illness of his wife, who was the mother of seven
children, would be withdrawn from him by his dio-
cesan.—(Hear, hear.) He hoped there was no foun-
dation for this. He knew enough of the Bishop of
Kildare to make him believe that such a step would
not be taken. Having stated thus much with regard
to this case, he would, in a few words, call the atten-
tion of the House to what the state of Ballysack
would be if it were not for their interference.
This case was an epitome of the state of Ireland.
The same thing might be the case with five out of
six parishes in Ireland. It illustrated the struggle
between the two principles of government for Ireland
—that which would govern the people with good will

die
and with the concurrence of the great mass °
population, and that which would govern her by had
straint and force. The Romen Catholic rosst°l._,.;4l
been acting in concert with the rector of the p,,P7,4
in promoting the education of their respective fl
—a happy state of things, which should meet vinbbetal
encouragement of their Lordshipsear, Are,
He trusted the Government would at once intwrier
and apply such a remedy as was necessary, ilhea
to prevent the malappropriation of these trusts.
‘sie
some Noble Lords spoke about Ireland, they not
seemed ignorant of that country, but actually t 04.,,
forgotten what they had already learned of her. wcf;
this very system of education which had bee° 9:(1) by,
nounced, had been most strongly recommend
the Education Commission itself. The report 431;0
Commission bore the signature of such names I's 001
Primate of Ireland, the Archbishop of Ca cot
the report itself was brought up by one of the Elie
distinguished advocates of Protestantism, Alr.
er
Foster.—(Hear, hear.) He feared the Irish Gov
• Of. cis:
ment did not sufficiently discourage sectarian
and, religious rancour. The address of the rifi
Low
testant Operative Association to tue dig..
Lieutenant contained sentiments of 111, the
guished hostility to the great bulk 01 .
Irish people and should have been replied to 11,,e
manner which would show them that the Eieell'auis,
discouraged all such indications. The Noble MAN_
then read the answer of the Lord Chancellor of
tici
land to the Rev. Mr. Birmingham's letter, in
not
that Noble and Learned Lord stated that it vial
in the province of the Government to review the
°,.c.„A
of the Board of Charitable Bequests. He (the IJu'-the
Chancellor) was a member of that Board, and i,f,41,g
application was made to the Board during its sly
he would call their particular attention to it.
the
could not, however, give any opinion concerning,e 0,
merits of the particular application. The Rev.,v‘..fa
tleman had applied since then, but was told the
had not sat, and so the grievance was left
dressed. He would earnestly call the attention u
their Lordships to the motion. He feared that ho eau{
ever anxious the Noble Duke opposite (the Dun
Wellington) might be to act in a straightforward
impartial manner, that the Irish Government
have a more determined will, and use a str°llll,
hand in order to restrain those sectarian mailDtsio
tions and govern with impartiality. It was n'ile
intention to move for a Committee at present.
would confide the matter to the management of 1:5
Government ; but on a future occasion, if the evil Tifor•
not remedied, he would feel it his duty to move '
a Committee, before which he would be able to 911" Y
,4
stantiate all the allegations he had made on

evening. 0100
The Duke of WELLINGTON said he had f„,
great pains to inform himself of the particulare.,:io
garding the present motion, but had been unsTevirej
obtain much information on the subject. Ile hell,l
the statement made by the Noble Marquis was 7die
accurate. The Noble Duke then recapitulated oi
facts of the case as stated by the Noble Marquis',
stated that it appeared to him that the Noble P_..„
the Secretary for Ireland had taken the only Prutre
course, in recommending the applicant to apPl9,Ol?
court of equity, which was the proper method Ttis,
taining redress, as that court alone could have root
diction over the Board of Bequests. The aPIT.A.e.
had certainly applied to the Lord Chancellor of
land, but as he had not made the application t° the
Noble and Learned Lord in his judicial capaelOwer.
Noble and Learned Lord gave him the only uns„j..
he could give him, as merely a member of the /3°.e
As to the Bishop of Kildare, or the other mat
mentioned by the Noble Marquis, he had noth.
whatever to do with them ' • but he thought it
very badly become their Lordships to appoint ar
mittee, when the legitimate course of aPPlica
being to a court of equity had not been resorted_.,
He would, however, call the attention of the Gov
ment to the suect.
Lord ENHAM was of opinion that
court of equity was not the proper place to aPI4S.
in this case. In the first place, the whole atu°l.l 0
trifle of 71., would be consumed in a single
the Court of Chancery ; in the second, the caset;„
volved a point of much difficulty and dispunkose
What really was the power given by the Act of J•,r,ite
liament to the Board of Charitable ll:equests? „tett
words of the Act did certainly appear to givels: bt.
discretion to that Board, a discretion which 11101.
render nugatory all such bequests as the present, 011
which might be sought to be applied to the gl the'
purposes of education. He would earnestly' 0° hoc
attention of the Government to the state of the
on this matter, with a view to its alteration. tijil
The LORD CHANCELLOR did not think to
was a case for a court of equity. He thought
er
Hon. and Learned Friend the Lord Chancellor vir
Ireland had given the only answer he could r be
telling the applicant to apply to the Board Iv the
was present, and he would call their attention t° the
case. The matter never had been brought before'...a
Board since, else he felt quite sure the Hon.
Learned Lord would have fully redeemed his pr orn
After a few words from the Duke of WELLT.IO°
and the Marquis of NORMANBY in explanatior4,
Lord CAMPBELL said he feared much ti
would not be gained by bringing the matter be's',„
x,
the Board, considering the opinions that had been
pressed by two Members of it, Judges Jackson, the
Lefroy. The Noble and Learned Lord defende°
conduct of his countryman, the Bishop of 10 this
who, he felt sure, did not do anything harsh in tae,
case, nay, very little responsibility was attached WlO
The Bishop of EXETER contended that
tot
rector of the parish was bound to apply the heq,,, •
o•
in the manner most calculated to promote the not
ciples of the Established Church.. He care°,„.;l;
whether there were 70 or 700 Papists in the seu,";
the principle remained the same. The Right )tt
Prelate defended the conduct of Judges Jackson et pe
Lefroy, and said he was glad to see that they inui
manliness to act upon their opinions. Did the rO,
tional system of education, he would ask Nobler/it eh,
carry out the principles of the Established Chur,,,
and did it not rather pander to the feelings and pre
dices of Roman Catholics and Dissenters ? Y 9•Lord MONTEAGLE reminded the Right ,011,
Prelate that the system of national education rou • tto
tained the sanction of the Protestant Primate, ti
Archbishop of Cashel, the Bishop of Kilu"°`!"'siP
Provost of Trinity College, and Mr. Leslie Yeo og
The system was working well, and he trusted Ott. ses
would occur to embitter those sectarian d:rere" se
which the national education system was doir4 ;
much to remove. fre°
The Bishop of EXETER wished to hear,' be
the Noble and Learned Lord (Lord Camphei", 0
being the gravest law-authority in the Houk e'es it
Lord Cottenham was not then in his place, whft 'sly
be according to law for a clergyman of • :ny
interested, as in this case, in a bequest; to i iFfiecr
to the puposes of education according to the • P‘
pies of the Established Church ? the
Lord CAMPBELL jocosely observed, a ,at as the
Noble and Learned Lord on the Woolsacl vils..ofer
highest legal authority in the House, he must
the Right Reverend Prelate to him for ar, answeri ate
Lord LYNDHURST.--The Right Rev. Predigh
is himself, I should say, the gravest authority On -
a.point.—(Much laughter.)
The matter then dropped, and the. petition We
on the table. 4„bt
Their Lordships adjourned at a Quarter to
o'Clock.

HOUSE OF COMMONS, March 4. it
THE WIDOW OF COLONEL FAWCET
'n
Captain BERNAL gave notice that on bri„ll
up the Report of the Army Estimates, he 1" de.
move for a copy of the letter from the et{ I
tary-at-War to the widow of Colonel Fawidul
which conveyed the information, that a pension lvt,
not be accorded to her on account a the
which her husband met his death.
Mr. STAFFORD O'BRIEN gave notice thblr 344
would to-morrow move for a return of the nui32.
unions in England and Wales in which chaple4",/
been appointed up to the Ist of January last, an--
number of inmates at that period. 1101
Mr. S. CRAWFORD gave notice that he would tb e
evening, on the motion that the Speaker do
of lea"
Chair, for the House to go into Committee Sr iTts;
neve a resolution to the effect that the large la' -
force now kept up was dangerous to civil liberty'. to be,
Mr. WILLIAMS also gave notice of a motion ,
made at the same period. he hi
The SPEAKER said that the notices given
two Hon. MeMbers were not those which were or( by
given. They had the abstract right, beft Age er
House went into Committee, to make the nu. ,tio ag
which they had given notice, but it was not ace ord jog
the ordinary practice of the House.
MILITARY PUNISHMENTS.
Mr.'HUME moved for an address, praying her M
jesty to lay before the House abstracts of the inueb
hB
of men belonging to the Royal Marines who, since,
t
lit day of January, 1839, to the 31st day of Decemb
'1843, have suffered corporal punishment or imprin
ment; showing the nature of offences, in classes,
which such punishment has been awarded, and t cr
number in each class; and showing the greatest numb
and the smallest number of lashes, also the longest a !et
shortest period of confinement awarded as punishtat
to each person, and the average period of confinemt
for each class of offence. Of the number of soldr
belonging to the Royal Artillery in Great Britain
Ireland who, between the Ist day of January, 1839, I irol
the 31st day of December, 1843, have suffered colT' ,of
punishment or imprisonment; showing the nature :or
the offences, in classes, for which such corporal Int,n'
Abe
ment or imprisonment has been awarded, and
number in each class; and showing also the greatest e3t
the smallest number of lashes, also the longest and she, rtile
period of confinement awarded as punishment, al ;
tllc
average period for each class of offences ; returns of
tg
number of soldiers belonging to regiments and. de
in Great Britain and Ireland, who, since the Ist df
January, 1839, have suffered either corporal pui )7191
ment or imprisonment ; and, whenever either con 4 tile
punishment or imprisonment has been inflicted 01 .13
same person more than once, specifying how oft' 4. et
has been so inflicted ; with abstract of the numb'
soldier* belonging to regiments in the eolollies and