The Sun.
London, England, 1844-10-17 00:00:00

Pitantin 2/A-1114

LONDON, THURSDAY, OCTOBER 17, 1844.

From our report, published last week, of the pro-
ceedings at a sessions of the Middlesex Magistrates
(assembled for the purpose of determining upon appli-
cations for licenses under the statutes regulating the
grant, renewal, or refusal of the same; to-licensediictual-
lers and others, the owners or lessees of hOuses, &c., de-
dicated to purposes of public amusement), it will be
seen that their Worships—some of them, we mean—
are actuated, at these hearings, by very' extraordinary
notions as to the merits, moral or logical, of the cases
submitted to tliem; The general policy of the law,
and , the express design of the Act of GEORGE 11.,
obviously are to consult, to the greatest practicable
extent, the interests of public morality and order, in
investing a particular body of men with powers of
control so stringent—not to say invidious—over the
property, actions, and fortunes of a large class of the
community. The general principle, therefore, which
both the theory and the practice of this branch of
domestic legislation recognise is—that the grant, the
renewal, or the refusal, shall be determined by the
certified character of the applicants; or the proof of
their good conduct and deportment during the term
of their previous license ; or, the opinion of the
Bench, in those instances where the application is
made for the first time, or for an original license, as to
the tendencies of the amusements sought to be
authorised under it, to produce good or evil conse-
quences in the district. Now, we do not at all pur-
pose to discuss the soundness of this principle ; or

even to inquire into the expediency of confiding its
application to the hands which at present administer
it. But it is evident that the power of granting, or
withholding, or confirming such licenses, is a very im-
portant one. In all systems of State policy, that is
an important element which regards the amusements
of the people ; their provision being of primary, their
control of secondary—importance. In any scheme
of mere municipal regulations, this character of
importance is even more tangible and evident.
All modern and all ancient history are full of
examples that attest this truth. Could the two co-
lour factions of " Blue" and "Green" which distracted

the Byzantine empire have been kept in good humour
by timely concessions, to the wishes of one, and the
demands of the other, a cabal which, from the original
centre of its production—the theatre—diffused its
baneful influences to the furthest limits of the Eastern
empire, and greatly precipitated its destruction, might
have been averted, and the downfal it entailed upon
the throne of CONSTANTINE thereby postponed for a
long course of years. The recent tumultuous era of
the French Revolution was not wanting in instances
to show how an explosion of public feeling, awakened
by incidents occurring at some theatrical representa-
tion, may be productive of consequences the most ex-
tensive and eventful. Is there anything in the density
of the population cooped up within the limits of Lon-
don and Westminster and the metropolitan suburbs,
at the present day (in a manner not paralleled within
the sphere of European States or civilisation)—is
there anything in this case of modern London to take
it out of the operation of similar influences, if, by injudi-
cious management, their bad activity should ever be
awakened among us ? This is a question not un-
worthy of grave consideration. There are few
matters, to any arbitrary or vexatious intermeddling
with which—men, individually, or in their social rela-
tions—are more sensitively alive, than their ordinary
amusements. It is, indeed, to be regretted that they
are so prone to sacrifice interests and objects of a
much higher and ordinary character to the cause of
those more trivial, but by no means less interesting

ness against the applicant himself as one of those
" licentious-licensed victuallers " who had been too
frequently reported upon to him by the police of the
vicinity ; in any such case the poor man would have
obtained his license ! Verily, this may be sessions
practice ; but it is neither law nor reason, common
equity, nor common propriety. Altogether, the case
is one of those which will greatly strengthen the
growing demand to have the " Licensing Jurisdic-
sion" transferred to some more competent tribunal
than that which wields it at present.

At the last weekly meeting of the Dublin Repeal
Association, a long and elaborate letter was read
from Mr. O'CoNNELL, dated from his mountain home
at Derrynane. This letter, we will honestly confess,
has not a little puzzled us, for after an attentive
perusal of it we cannot make out what is the writer's
drift; whether he is desirous of substituting Federal-
ism, for total and unqualified Repeal, or whether he is
still as staunch an advocate for the latter measure, as
he was during the memorable year of the monster
meetings. In one part of his communication he ob-
serves :—" For my own part I will own that since I
have come to contemplate the specific differences, such
as they are, between simple Repeal and Federalism,
I do at present feel a preference for the
federative plan, as tending more to the
utility of Ireland, and to the maintenance
of the connexion with England than the mode of
simple Repeal." This is distinct and definite language
enough, which he who runs may read ; but mark
what follows !—" Let us, if possible, combine all
classes ; but let us not forget that we have already
more than moral force enough to render along re-
sistance to a peaceable and legal Repeal of the Union
impossible. It is a mere question of time—the
Repeal is certain. Hurrah then for Repeal!" Now
surely the spirit of these two passages is exceedingly
perplexing and contradictory 1 In the former Mr.
O'CONNELL hurrahs for Federalism—in the latter for
Repeal. In the former he professes himself content to
take an instalment, as it were, of Repeal—
in the latter he exhorts his countrymen to combine
and agitate for the full and entire measure. He goes
the whole hog in the one case—in the other, he is
satisfied with taking a moderate portion of the porker.
Then, as regards his advice to the Irish people to
combine. So far as we can perceive, there is less
chance of their being enabled to do this than ever;
for they now bid fair to be split into three distinct
sections—of those, namely, who support Dr. MAuN-
szLL's project of triennial Parliaments; of those who
adopt Mr. Gxnr PORTER'S 'view* of -Federalitm ;
and of those who cling tenaciously to the demand
made at the
,monster meetings of 1843, • for a
full, entire, unconditional Repeal of the Union.
How are people to combine zealously and Unani-
mously who hold such conflicting opinions as these ?
The' followers of Dr. MAUNSELL will naturally be
loth to give up their medium project of a triennial
House of Commons ; and the advocates of Repeal will
be apt to look with distrust on all who do not adopt
their own view of the question, and go the length to
which they are pledged. •Are confess we are by no
means sorry to see these different theories at work,
for, by dividing the attention of the community,
it is more than probable that they will ultimately
have the effect of weakening the clamour for a
Repeal of the Union—as originally started at the
Association—than which, as we have observed not
once, but a hundred times in The Sun, no measure
can be more injurious to the interests of the empire
at large, and more absolutely suicidal to those of
Ireland in particular. Thus much by way of objec-
tion to Mr. O'CONNELL'S lengthy communication.
On the per contra side, we may observe that there
are some portions of it in the spirit of which we
eeedially concur. " Two propositions," says the
Honourable and Learned Member for Kilkenny,
" are perfectly clear. First, that matters can-
not remain as they are in Ireland ; and
secondly, that the British Minister cannot con

duct the affairs of the sister country upon a
Protestant or Orange principle." No sane man can
possibly doubt the truth of either of these propositions.
The days of Orange ascendancy are for ever past in
Ireland are already with the years beyond the
flood. The last faint attempt—thinly disguised
under a show of moderation and impartiality
—to prolong them, was made during the
late Viceroyalty of Earl DE GREY, and every one
knows how completely the attempt failed. Hence-
forth, Ireland can only be safely governed on prin-
ciples of concilation and equity—a truth of which
Sir R. NEL has at length become fully convinced, if
we may judge from the tenor of the speech which he

made, towards the close of the last session, on the sub-
ject of Irish education, wherein he broached opinions
_ _

which took the Liberal Members of the House by

surprise, and called forth their warmest approbation

A telegraphic dispatch received from Madrid, con-
tains the following announcement :
" MADRID, OCT. 11.

" The QUEEN opened yesterday in person the
session of the Cortes. Her MAJESTY, whose health
is excellent, was received during the whole of her
passage and on her entrance to the Chamber with
the liveliest acclamations.

" Madrid and the provinces enjoy the most com-
plete tranquillity."
Madrid journals of the Bth instant have been re-
ceived, but they contain no news.
MADRID BOURSB, OCT. B.—Three per Cents., 27i-
for Account; Five per Cents., 20 3-16 for Cash ;
201 for Account; Floating Debt, 661 for Account
(60 days); Debt without interest, 6 3-16 (60 days).

The Paris papers of Monday give full details of the
proceedings at Windsor Castle on Thursday, the
visit of the KING to Twickenham, the investiture of
his MAJESTY with the Order of the Garter, and the
address of the Corporation of Windsor with the
KING'S reply. The Constitutionnel passes over these
events without any remarks. Not so the National
and the Commerce. The former, after quoting that

occupations. Holding these views upon this curious
subject, we should like to be instructed upon the real
meaning or motives of the course which was taken at
the Middlesex Sessions in question, by Mr. GIBBONS,
one of the licensing magistrates, under the following

circumstances.
The landlord of a long-established and remarkably
well-conducted house applied to have it licensed, in
the usual manner, for private concerts, and, we be-
lieve, dances. Mr. GIBBONS complimented the appli-
cant on the excellent reputation of his establishment
(always accepted as the strongest possible plea of
qualification for such an indulgence). He said that
he himself had known the house for sixty years ; that
it had been so well managed, and had prospered so
well, he could not believe the landlord " needed" any
such license, and he, for one, therefore, would re-
fuse it. With the exception of Mr. FRESHFIELD, the
other magistrates concurred in this view, and the
license was refused ! Mr. FRESHFIELD, contra,

argued, with all the sagacity and good sense and
feeling which are habitual to him, that the applicant
had laid the best possible case for his application, and
that the worthy magistrate had supported it by a
statement which supplied the strongest argument to
confirm and maintain it. But Mr. FRESHFIELD
could adduce no higher authority for his opinion than
1 common sense and common law. Mr. GIBBONS had
a sort of magisterial quasi wisdom, and a species of
hereditary prestige as a sessions SOLON in his favour.
The publican was ousted of his appeal. Now, the
deductions we arrive at from this decision, though
strictly consequential, are remarkable. A long course
of good repute in past years, and unimpeachable
conduct in its present management, disqualify a
house for a license, enjoyed, probably, by the very
next inn in the same street. Mr. GIBBONS is not
hardy enough to propose to turn back the tide of
popular taste, and reclaim the people from the mad-
ness of " music for the million." He is not quite so
Quixotic as to attempt to prescribe the Polka, and de-
nounce dancing. He merely undertakes to know better
than the applicant, himself, for a license to afford these
diversions in his house, whether he is, or is not, in
such a condition as to need the resort to this mode of
supplementing the receipts of his business. Mr. GIB-
BONS admits everything in favour of the publican, and,
therefore—determines against him ! It follows, that
had the man enjoyed the equivocal reputation attaching
to some of the " leasehold property" tenants of the
Dean and Chapter of Westminster, in the Almonry
—had his establishment, which enjoys this sixty
years' character of respectability, acquired the noto-
riety of some of the saloons in the vicinity of the
Theatres Royal ;—had only a brother 'magistrate or
two of Mr. GIBBONS got up to bear a frowning wi