The Sun.
London, England, 1845-02-14 00:00:00

ANNEXATION.

Mr. Burke, of N. 11., asked leave to introduce joint resolu-
tions for the admission of Texas into the Union.

This proposition was committed. It is similar to Mr.
Forster's plan. It gives the assent of Congress to the crea-
tion of the territory known as Texas into a new State; the
constitution of the said State to be laid before Congress by the
proper authorities of Texas, before the 4th of July, 1846 ; the
territory to be divided into new States, when its popula-
tion shall be sufficient ; those States south of 36 degrees
30 minutes north latitude, to be admitted into the Union with
or without slavery, as their people may desire ; the boundaries
to be adjusted by treaty ; Texas to pay her own debts, and
keep her own lands, but to order to the United States her
navy, dock-yards, ports, forts, harbour, public edifices, arms,
armaments, &c., pertaining to the public defence; all claims
for lamb. to be adjudicated by courts of Texas, subject to the
iuPisdiction of the federal courts ; said State, when admitted, to
'have two senators and two representatives, until ithe next
Congress.
The House resumed, in Committee of the Whole, the
consideration of the Resolutions for the annexation of Texas.

Mr. Bowlin, of Mobile, spoke in favour of the measure,
contending that it was necessarily constitutional, because
the acquisition of territory was a right essential to national
sovereignty. We have been continually acquiring territory
since the adoption of the Constitution. N►ne States put the
Government in operation, and nine States elected General
Washington President, but we had since added seventeen
States.

there was considerable reason to suppose, an interest in
'supporting Daly's claim. He (Mr. Ball) admitted that
she was present in the Crown Inn when a certain indivi-
dual placed five sovereigns in the hand of the landlord,
and was enabled thereby to furnish Daly with the ne-
cessary information to make the application for the money,
after hearing that the real owner had not come for-
ward. Hence, no doubt, this application originated; but he
maintained that Mrs. Langham had given erroneous
evidence, and thus Daly had no title whatever to the
money. The Learned Gentleman then called several
witnesses, amongst others the barman and barmaid, who
deposed that it was a man dressed in sailor's clothes,
with red hair, whiskers, and altogether unlike the plain-
tiff, who had deposited the money.
Mr. Tno:sias replied at considerable length in refe-
rence to the subject of identity, pointing out the position
in which the two last witnesses, the barman and bar-
maid, stood in relation to the defendants, and contending
that their evidence was to be looked upon with great
suspicion. This view of their evidence was further
strengthened by the fact that the plea set forth in the de-
fence had never been advanced on any previous occasion,
when application was made for the money. Against
this suspicious evidence, on the other side, sN as to be
placed three disinterested witnesses, and the subsequeu
admissions of the defendant, all going to establish the
right of the plaintiff to the 5/. Besides, the fact tha
no other person had made application—a fact almos
miraculous, if the evidence of defendant was to be be-
lieved—completely established the claim of Daly.
The DELI= SHERIFF, in summing up, said there was
only one question for the jury to decide—the identity of
the person who deposited the money. Was Daly really
the person ? The great difficulty with the defendant's
case was, that no other person had ever claimed the
money. This difficulty was further increased when,
from the evidence of the barman and barmaid, it ap
peared the person who left the money was not so
drunk but that heokuew what he was doing. There
was likewise consideirtible difficulty on the other side. It
was a suspicious circumstance that Daly never applied
for the money until after Christmas, and then in con-
nexion IN ith Mrs. Langham, who, it ought to be ob
served, was the principal witness of plaintiff's identity.
There seemed a conspiracy on one side or the other—
which, he was not prepared to say; but it would be for
the jury, after fully hearing the evidence brought for-
ward by both parties, to decide on which side the pre-
ponderance lay, and return a verdict accordingly.
The jury retired, and after being absent nearly an
hour, returned a verdict for the defendant.
The hearing occupied nearly three hours, and excited
considerable interest.

Texas was a line cotton growing country, and should she
make a treaty with Great Britain for the admission of her
cotton at a rate of duty a farthing less than oars, our staple
would be excluded from the market. The exportation of
cotton now nearly equalled our importations of foreign goods.
If awn exportation ceased, it would destroy our commerce.
If Texas remained independent, slavery would be perpetu- '
ate (1 in her limits, and her limits would soon include Mexico,
and Central America. But if Texas were admitted, her
boundaries would be permanently fixed, and the limits of
slavery would necessarily be defined. He preferred Mr.
Dromgoole's plan, but would vote for any other. He adopted
the motto of the people of Missouri, " Texas honourably,
Texas for ever."
Mr. Hamlin and Mr. Severance followed against the mea-
sure.
Whendhe last named gentleman concluded, there was a
tremendous rush for the floor. I never witnessed such a
scramble. At least 40 members were up, and eager to speak.
Among them was old Mr. Adams. Mr. Hammett obtained
the floor and will speak to--morrow.
Mr. Adams offered a resolution calling on the President to
state the bounds of the territory of Texas, as commonly un-
derstood by the people thereof.
PENNsYr.vANIA.—In the Pennsylvania house of Represen-
tatives on Wednesday, the Committee of Ways and Means
reported a Bill appropriating the funds in the Treasury to the
payment of interest on the Ist of February ; which, after some
time was taken up, was passed in Committee of the whole.
The Bill, says a correspondent of the Pennsylvanian, meets
with considerable opposition, but that opposition is not strong
enough to endanger its passage. The debate upon the ques-
tion has been interesting and instructive, and generally has
been strongly in favour of expending our last dollar in pay-
ment of our debts.

PENNSYLVANIA IsmitEsr.—The Pennsylvanian of yester-
day argues that the Bill which has just passed the Assembly
of that State, directing the February interest to be paid " out
ofany moneys in the Treasury not otherwise appropriated,"
will be a nullity, because a large portion of the money in the
Treasury (598,405 dolls. 60c.) is otherwise appropriated. This
deducted from 846,449 63 dolls., the amount which the Trea-
surer estimates will be in the Treasury on the Ist of February,
will leave only 248,044 03 applicable to the payment of in-
terest. With this sum, the Pennsylvanian sarcastically re-
marks, "we are to pay 971,39590 dolls." Said paper distinctly
recommends the non-payment of the February interest in
full, as it would " leave to the administration of Mr.
Shuck the unenviable necessity of a suspension next
August." We are sorry to hear such statements and recom-
mendations from a paper so respectable, and generally so
correct, as the Pennsylvanian. We hope and believe the
result will be better than its fears. With all the wealth and
prosperity of Pennsylvania, it can pay its interest—and the
world will not believe to the coutravy.

DUTCH AND FLANDERS MAIL.
BRUSSELS. FEB. 10.—On the night of the 6th of this
month, the Eliza, Captain Sharp, an English ship, bound
from Rye to Nieuport, with a cargo of wool, not being
able to enter that port on account of the violence of the
wind, was obliged to go to Ostend. The night being
dark, and the sea running very high, it missed the en-
trance, and run aground on the beach. The cargo is
being taken out. It is not yet known to what extent the
ship is damaged.
The severe frost that we have had for these three
days has again interrupted the navigation iu the canals
of Charleroy and Willebroech.
The King has gone into mourning for eleven days, on
account of the death of her Imperial Highness the
Grand Duchess Elizabeth Machai Lowns, Duchess of
Nassau.

The Chamber of Representatives continues the dis-
cussion of the budget of the Department of the Interior.
The Senate has agreed to all the articles of the budget
of the Marine and to that for establishing a new mode
of sanctioning the laws.—Brussels papers, Feb. I I.
THE HAGUE, FEB. B.—We learn that as soon as our
Government was informed that a Netherland ship had
been captured and carried into Palama, which was bound
from Antwerp to Marseilles, and had a chest of arms on
board, instructions were immediately given to his Ma-
jesty's Minister at Madrid, and that he had already taken
the necessary steps. The Consul of the Netherlands, at
Barcelona, has also done what belongs to his functions.

THE HAGUE, FED. 9.—The sections of the Second
Chamber will resume their labours to-morrow (Monday).
They will examine the new regulations on standing or-
ders of the Chamber and the project of law for modify-
ing the 9th chapter of the budget for the year 1846-47.
The fete for the celebration of the 270th anniversary
of the foundation of the University of Leyden, on Sa-
turday, the Bth, passed off in the most satisfactory man-
ner. The masquerade, representing the entry of Count
Floris V. with the Knights of the new order of St.
James, just instituted by him, was extremely brilliant.

- DUTCH FUNDS. AMSTERDAM, FEB. 11.
Money. Bills.
Actual Debt, 2% per Cent •• •••• • • • • 64 6414
Ditto, 3 per Cent
Ditto, 4 per Cent...
Ditto, 5 per Cent...
Amort Syndic, 434 per Cent •
Ditto, 3V, per Cent ••••••• • • • • • •
Commercial Company, per Cent • • 1471,4 148
East India Loan, 4 per Cent . • • 981,‘ 98N
Exchange on London, one month •• • . 12 17
Two .............12• • • 12 12
At sight.• ••••• •• ..
On Ilamburgh .••••• • • • • • • 35 62.5
Two months.• •• . •
OnParis •••••••• • • • • • • .• - -
Two months. ••••••• • • • • • • •
—Dutch rapers.. Feb. 12.
lIAMBERGII BORSENIIALLE, FEB. 4,
Bills. Money.
113

Austrian 5 per Cents • • • ......... • • •
Bank Shares ..
Anglo-Russian Loan
Russian 5 per Cent., Hamb. Certificate. 105% 1051,i
Ditto Ist series Inscription..
Ditto, Hope and Co., 3d and 4th series •
Ditto, in Certificate • • • ..... • • • • • .
New 4 per Cent., Hope and Co. ••• • . • 92
Ditto &leglitz .. • ....... .. • • 9014
—Haniburgh Borsenhalle, Feb. 7.

LAW INTELLIGENCE.
SHERIFFS' COURT, Feb. 13.
(Before Deputy-Sheriff W. R. KENNEDY, Esq.)
DALY V. NEATS.

POLICE INTELLIGENCE.
(YESTERDAY.)
LAMBETH.

STEALING A COPPER.—A lad named Philip Balton,
a well-known thief, a long list of whose various convic-
tions and sentences was handed to the magistrate, was
charged with stealing a copper.
Police-constable 98 P stated that, between six and
seven o'clock last evening he met the prisoner carrying
a copper, in the Walworth-road. On questioning
.him,
he stated that three young men had given it to him to
carry, and that they were strangers to him. After taking
him to the station-house, he proceeded on his beat, and
ascertained that au unoccupied house in Francis-street
had been entered, and the copper removed. The pri-
soner's shoes exactly corresponded with the marks in
the snow.
Mr. Young, an agent, having the care of the house,
could not swear that the copper was the one that had
been taken, except by some repairs which had been made
to it some time ago. If, however, the prisoner was re-
manded, he should be able to produce the man who had
repaired it, and who no doubt could identify it.
The prisoner, who repeated the story he had told to
the constable, was remanded to Saturday.
A young woman, named Caroline Carter, was charged
with having robbed her ready-furnished lodgings in
Martin- street, Blackfriars-road, of some blankets and
sheets, which she had pledged for Bs.
The prisoner stated that she was a married woman,
but was not living with her husband; that she pledged
the articles to purchase a pair of shoes, and that the
house was a brothel.

The landlady denied this.
The defendant repeated that this was true, and that
there were others in the house who obtained their living
by prostitution. She admitted that she was no better
than the rest.

She was fined Bs., the value of the goods, 20s. for
pledging the goods, or in default, one month's imprison-
ment.

PRINCESS'S THEATRE.

IMPERIAL PARLIAMENT.
HOUSE OF LORDS, Feb. 13.
Lord STANLEY having been summoned by writ to the
House of Lords, under the title of Lord Stanley, of
Knowsley, was introduced to-day by Lords Redesdale
and Wharncliffe, and took the oaths and his seat.
The LORD CHANCELLOR took his seat on the Wool-
sack.
Lord CAMPBELL trusted that their Lordships would
allow him to introduce two Bills, and lay them on the
table, which he had introduced last session, and
had received the cordial assent of that House, but
which had been defeated in the House of Commons, in
consequence of some misunderstanding as to their ope-
ration in Scotland. The object of the Bill was, that
where persons who were indebted to parties in this
country left it and resided in foreign parts, process
might be served upon them, judgment obtained
against them, and their property secured for the benefit
of their creditors. Now, since last session, he had
had a communication with the Lord-Advocate of Scot-
land, and he had stated to him that he would not oppose
the Bills. One Bill was with respect to England, and
the other to Ireland, and with respect to Scotland one
was not necessary.
The LORD CHANCELLOR trusted his Noble
and Learned Friend, before he read the Bill a first time,
would give him an opportunity of seeing the Lord-
Advocate of Scotland.
Lord CAMPBELL—Certainly.
Leave was then given to bring in the Bills.
EQUALISING THE RATES ON RAILWAYS.
Lord lIATHERTON, in presenting a petition from
various parties in the county of Stafford, praying for
an equalisation of the rates charged for passenger traffic
on railways, said that the subject was one that was
well worth the attention of the Noble Earl at the head
of the Board of Trade, and of her Majesty's
Government. It was a subject which had begun to ex-
cite the greatest attention, particularly in the manufac-
carwriiatghe g
manufac-
turing districts. It might not be generally known to
their Lordships, that there was a loss of 1,200 per cent.
passengers by third class
ofien.ds • for as Id. per mile was
charged for passengers, and only Id. per ton for
goods, and as it was computed that twelve passengers,
in
trains
a s r acompared teof
with their luggage, constituted a ton, it followed, there-
fore, that there was a consequent difference of 1,200 per
cent. He allowed that there must be a difference of ex-
pense in the construction of such carriages as were in-
tended to carry passengers, but if they considered
the incidental expenses which attended the
transmission of goods, they would find that the peti-
tioners had good reason to complain of the enormous
difference in the rate of charges. If there was a loss
attending the transmission of goods at the present rates,
the petitioners prayed that such loss should not fall
upon the travelling public. He had made these observa-
tions for the purpose of calling their Lordships' attention
to the subject.
The Earl of DALHOUSIE said that, as the Board
of Trade was at present constituted, they could not
enter into the consideration of the question which the
Noble Lord had brought forward. Undoubtedly, the
question was of the utmost importance, and would, no
doubt, be taken into consideration by the Government. 11
Beyond that, his Noble Friend would not expect him to
say anything.
OFFICIAL ASSIGNEES.
Lord BROUGHAM moved for a return of the sums of
money which had been lodged in the hands of official
assignees in the Court of Bankruptcy during the two
years ending January, 1843, together with all the sums
at present remaining in their hands.
HEALTH OF TOWNS.
The Marquis of NORMANBY, after presenting a
petition in favour of the Government Medical Reform
Bill, gave notice that in a few days he should present a
petition agreed to at a public meeting, held at Exeter,
Hall, praying the House to take measures for the im-
provement of drainage in large towns.
RAILWAYS AND THE BOARD OF TRADE.
Lord DALHOUSIE said, in pursuance of the notice
he had given on a former evening, he rose to bring under
the consideration of their Lordships, the report of the
railway department of the Board of Trade, re-
lative to the South-Western Railway schemes. He
did not intend to go fully into the question then,
but simply to lay before their Lordships a few
statements respecting the constitution of the Rail-
way Board, and the course they had adopted in
arriving at the conclusions to which they had come to
with regard to the South-Western projects. It would be
in the recollection of their Lordships that, in the past
session of Parliament, a Committee was appointed by the
other House, for the purpose of inquiring into their mode
of railway legislation. After a very full review of the sub•
ject, and canvassing the inconvenience and deficiencies
which existed in the prevailing Railway system of legis-
lation, the Committee arrived at the conclusion, that
it was desirable that there should be some Railway
Board in connexion with the Government, who should
have powers to institute preliminary inquiries into the
railway projects which it was intended to ask the
Legislature to sanction by Acts of Parliament. The
report was adopted by the House of Commons,
and in consequence of this adoption alterations
to meet the change were made in the standing order of
both Houses. Arrangements were made to establish a
department for considering the details of these railways,
and the Government, having appointed a Board, consist-
ing of four officers and a president, the details of the
various railway projects were immediately given.
The result of these inquiries were laid before the public
as soon as they were known, but the reasons for the
conclusions of the Board were deferred to
an after period. Those reasons would be
laid before both Houses in a general report.
From what was passing out of doors and in another place
since the commencement of the present session, greatap-
prehension had prevailed as to what was the real juris-
diction of the Railway Board, or what was the authority
to be given to its reports. It was stated, that to
past],
tute a Board of this description in connexion with the
' executive Government, consisting of five 1 gent emen con-
* nected with the Government, from whom was to issue
' a report as to whether a certain
railway project
should go on or not—that to give to
board such authority would be objectionable any
dangerous in the highest degree. But still further if
the reports were to be adopted on the measures of the
Government itself, the effect would be to substitute the
reports of the Board for the enactments of Parlia-
ment itself. Now, if such a thing had been dreamed of
for one moment—if it had been for an instant imagined
that such authority should be given to the Board, any
objection would be reasonable to the last degree,
and no one would urge them more than himself.'
Nothing, however, of the kind had entered the
mind of the Government. They hail never supposed
that the report of the Board should be final, and
it was to him a matter of surprise how any
one could have imagined such a state of things. If the
question had arisen out of doors, he should not have
noticed it ; but as it had been raised in the other House
of Parliament, andinasmuch as erroneous impressions had
prevailed on the subject, he thought it necessary, on the
part of Government, to state what the real character of the
reports were. These reports were only to be considered
as aids to Parliament, in order that they might come to
a proper conclusion with respect to which one of
the competing lines was the best and the most
calculated for the benefit of the public.—(Hear.)
They bad assumed no such authority. Whatever might
be said or thought of the decisions of the Board of Trade,
would not influence in any way those decisions, or make
the members of it a bit more rigid in examining into the
conflicting claims of rival projectors. But there was
another consideration, and that was the powers given by
Parliament. The Board was on no account to consider the
claims of private interests, which were reserved exclu-
sively for the Houses of Parliament :--thus private
matters were entirely excluded from their decisions.
The reports issued by the Board were never intended to
he of a conclusive character; they were merely intended
to be laid before Parliament, and there to be used as it
in its wisdom might think fit and proper. He had one
or two observations to make, with respect to remarks
which had arisen in the other House regarding their
proceedings. The Board had been termed a secret
tribunal. It had been said that they conducted their
proceedings with closed doors, and that their
ordinary mode of conducting the business of
the Board was out of the ordinary course
of other courts of inquiry. But it should be remem-
bered that that Board was not armed with any autho-
rity of a seri3us character ; and if they were to hear
counsel, if parties were to be examined and cross-
examined, the grievance to the public would in-
deed be of an enormous character, and the ex-
penses in which parties would be involved would
be a greater burden than any, now complained of.
It had been said that if they did not do so, the least
they could do would be to call the parties interested be-
fore them, and to hear what they severally had to urge.
He thought that neither their Lordships nor the public
could be aware of what must necessarily have happened
in such a case, or it never could have been considered
that this was the most effectual method of eliciting the
truth. He would ask any person who knew the
feelings by wh;ch rival railway proprietors
were actuated, what would have been the effect
of their calling before them the proprietors of the Cen-
tral London and York Company, and the directors of
the Midland Counties Company, to discuss at length the
merits of their respective schemes? If that experiment
had been tried once, he was convinced that it would have
at that time been abandoned on account of its impracti-
cability. But it had been said that, at least, they might
have heard all that could have been urged by the vari-
ous parties interested. It had been stated out of doors,
and also in another place, that he (Lord Dalhousie)
had distinctly stated that the Board of Trade
would Rot attempt to hear the contradictory
statements of competing parties. It had been imputed
to him that he had said that if the Board of Trade were
to attempt such a thing it would be physically impossible
for them to get through their business. Without im•
puting any intentional misrepresentation to any parties,
he could assure their Lordships t
• hat he had made no
such admission. What he had stated was, that having
heard the statements of objections to any lines, it was
impossible that be could receive deputations to state the
same objections a second time, for deputations had
often sought interviews with them for the purpose
of merely repeating and reiterating those objections
which had been previously made. Now, if such a course
of proceeding were admitted they could never get
through their business. They could not grant repeated
personal interviews to all those who requested them.
What he had said was, that it was physically impossible
to receive personal interviews, and deputations a second
time. Persons applied at the outset for second and third
interviews, merely to re-argue the same thing. On that
account the Board was obliged to decline those inter-
views, and thus requested parties to address the Board
in writing, if they bad any fresh objections to urge.
Now he would take an instance in support of what had
been stated. There was the ca-e of the- London
and York, and to supply .1; ,tr: ' t t.tt
Lordship were aware, that there were three
schemer; in the fie+l4"..4ll° "612 and 1r9r14

America has long owed us a heavy dramatic debt for en-
ticing away from us so many of our best actors. She has
now more than repaid it by giving us the greatest of
actresses, Miss Cushman. This lady made her first appear-
ance before an English audience, at this theatre, last even-
ing, and since the memorable first appearance of Edmund
Kean, in 1814, never has there been such a debfa on the
boards of an English theatre. She is, without exception,
the very first actress that we have. True, we have very
lady-like, accomplished, finished artistes, but there is a wide
and impassable gulf between them and Miss Cushman—the
gulf which divides talent, even of the very highest order,
from genius—that god-like gift is Miss Cushman's, strictly
speaking. She is no artiste, or if she be, hers that highest
reach of art the urs celare artem. The character which she
chose for her first appearance was Bianca, in Milman's
tragedy of Fazio, a character which, since the days of Miss
O'Neil, no actress of any note has ventured to attempt. The
Bianca of Miss Cushman is not so polished as that of Miss
O'Neil, but it is more intense, more powerful, more harrow-
ing—more true to nature. In reading the play in the closet,
it is impossible to avoid being struck with the improbability
of the story. It is scarcely possible to imagine that Bianca can
be so carried away by her jealous feelings as not to be aware
that in denouncing her husband to the authorities as the plun-
derer of old Bartolo, she is not dooming him to certain death.
In seeing the actual play, however, this idea never once
strikes the mind. Miss Cushman, by the intensity of feeling
which she throws into the part, completely carries her audience
with her. They feel with her that it is the only means to tear
Fazio from the arms of Aldabella, and to restore him to his
distracted wife ; and, like her, they are thunder- struck when
they find that he is torn from Aldabella's arms only to be
conducted to the scaffold. We know that it is usual, on
these occasions, to enter into a critical notice of the various
beauties developed by a debutante; but, were we to attempt
this, our space would in the first place be too limited, for we
should have to transcribe nearly the whole part, and, in the
next place, we will fairly acknowledge that we were so com-
pletely carried away by the transcendent genius of this gifted
lady, that after the magnificent scene in the second act—
after witnessing;the electrical effect which she threw into the
words " Thou'st seen Aldabella"—we could not criticise, we
could only admire. She was admirably supported by
Graham, as Fazio, who would be a first-rate actor, if he
would trust more to himself, and less to his recollections of
Macready. Both were called for at the conclusion, and
bouquets in abundance were showered on Miss Cushman.
Never were bouquets more richly merited. The house was
well attended.

MORTALITY in the METROPOLIS.
The following are the results of " A Table of Mortality
in the Metropolis, showing the Number of Deaths from
all Causes registered in the Week ending Saturday, the
Bth of February, 1845." The Table is issued from the Office
of the Registrar-General:—

Weekly
CAUSES OF DEATH. Total. Average 01
Five Years
Epidemic, Endmic, and Contagious Diseases 188 184
Diseases of variable or uncertain seat llO 106
Diseases of the Brain, Nerves, and Senses 153 159
Diseases of the Lungs, and other Organs of

Respiration _ ... 336 292
Diseases of the Heart and Blood-vessels 34 24
Diseases of the Stomach, Liver, and other
Organs of Digestion
Diseases of the Kidneys, &c 5 6
Childbirth, Diseases of the Uterus, &c. 8 in
Diseases of the Joints, Bones, and Muscles 5 6
Diseases of the Skin, &c
Old Age, or Natural Decay 7O 70
By Violence, Privation, or Intemperance
Causes specified 1015 954
Deaths from all Causes ...... . lOlB 963
DEATHS FROM TILE PRINCIPAL DISEASES INCLUDED UNDER
---- ---- --

THE ABOVE HEADS.

Total. Weekly Average
of Five Years.
Consumption 154 147
Scarlatina 34 36
Pneumonia .. B4 SO
Dropsy .........................1 33
looping Cough 35 33
Typhus 24 30
Small Pox
Disease of the Heart
Measles 27 24
Apoplexy .......... ... .... ... 20 19
Diseases of the Brain ......
Diarrhoea.. — ....... ..... 5 13
Sudden Deaths 23 15
DISTRICTS.

Deaths Weekly Births
in Average of in
the Week. Five Tears. the Week.
West
North lB9 176 234
Central
East 234 209 284
South

This was an action to recover ilidue to the plaintiff,
John Daly, by William Neats, publican, Crown Inn,
Seven Dials, under the following circumstances :
Mr. THOMAS, who appeared for the plaintiff, said, ho
was instructed to appear in rather a novel case of debt.
It appeared that Ills client, one night in August last, got
the worse for drink, in which state he went into the
public-house of defendant. While there he began
foolishly to flourish some money, on which a Mrs.
Laugh= who was present requested him to place it in
the hands of the landlord for safety until he got sober.
He agreed to do so, and forthwith placed five sovereigns
in the hand of defendant. He then left the house and
went to an adjoining beer-house kept by a Mrs. Connel.
Some time afzerwhen application was =defer themoney
it was refused, on the plea that defendant did not know
that the plaintiff was the person who had deposited it.
On this refusal defendant was summoned to Bow-street.
but the sitting magistrate decided that he had no juris-
diction, as the money had passed into the possession
of defendant without any force having been used. After
this the defendant agreed to give up the money, provid-
ing the plaintiff would produce a respectable surety, to
bear him harmless. Two responsible housekeepers
were produced, but without avail ; he would take nei-
ther, but still held the money. Hence this action was
commenced to recover the bl. Mr. and Mrs. Langham,
and Mrs. Connel, were called as witnesses, who proved
thato_ Daly had deposited the five sovereigns in the hands
themmr.ote43u-
for
r beenth o taken.dofo o
o
I Neats as described, and that the other steps to recover
e admitted that 1 . had been
deposited in the hands of ~
Nests by a mPn one night
in August, while in a state • •
of intoxication, but he main-
tained that Daly was not the man'
application for the money until a considerable Daly had iiot made
it was placed in Mr. Neats' hand, andthen only
time after
ing from a certain party who was present nnnuent occa-
sionlearn-
that such a sum of money had been deposited. The
party who was present, a Mrs. Langhara, and who had
given evidence respecting the plaintiff's identity, had,

Total .... ........ ...... 1018 963 129

EXCISE INFORMATION.— On Friday last, Mr. G.
Watson, of Finkle street, Kendal, Westmoreland, tobacco menu.
lecturer, on the information of Mr. William Walton, supervisor
of excise of the Lancaster district, was fined in the lowest penalty
of SOL, the highest one being 2001., for selling a quantity of to-
bacco which was found highly adulterated with chicory. The sei-
zure was made by Mr. Walton, the supervisor.
GALVANISM.—YARMOUTII.—In our last we re-
ported the case of James Earle, who was brought up before the
magistrates for begging from ladies Sd. each for the purpose of
providing himself with a silver ring to cure fits; we then referred
to the fact that galvanic rings were to be had for about fourpence
each, and said that " cheapness in gullibility was a consideration;"
but gullible as some folks may be, we opine they may be equalled
by the good folks of Yarmouth, with whom there is quite a rage
for galvanic rings, and numerous are the instances of "cures by
faith " told by the dames of the town. One we record, for the
benefit of those who may labour under any of the ills that flesh is
heir to, which is that of a woman who was sorely afflicted with
that most obstinate of diseases, rheumatic affection of the foot,
and what was to be had but a galvanic ring, and where placed but
on the toe? In a short time faith and galvanism had wrought its
work, and the patient was enabled to walk "right bravely ;" unfor. I
tunately she is a votary to " Terpsichore," and for the purpose of
enjoying for a short time "the festive dance" was tempted to dis-
encumber the toe of its galvanic circle; here she was doomed te
disappointment, for when the time came she could not walk snore
than dance, and was therere obliged to have recourse to her gal-
vanic protector, which we doubt not will cure her as speedily as
before.—. Cambridge Advertiser.
PRIZE MONEY.—Notice has been given to Lieu-
tenant Lapidge, who lately commanded the Pantaloon, and the
officers and crew, that an account of money received for the cap.
ture of the Spanish brigantine Desiao, on the 19th of May, 1843,
will be deposited in the registry of the High Court of Admiralty.
Notice has also been given to the officers and crew of the Spy
brigantine, that an account of the moiety of the net proceeds of the
bull and cargo of the Brazilian brig Furia, captured by the Spy on
the Bth of August, 1543; also of the bounty money granted for cer.
tarn slaves on board at the time of capture, will be delivered into
the registry
of the Court of Admiralty on the 24th Wank

THE SUN, LONDON, FRIDAY EVENING, FEBRUARY 141 1845.

the Direct Northern, and the Cambridge and Lincoln.
Had the London and York been granted a second inter-
view, the other parties, of course, would have demanded
the same indulgence, and thus they might have
gone on ad znfinitum with respect to those
schemes. So with respect to the Goole schemes,
*.e Syston and Peterborough, and Swinton and
Lincoln. Their Lordships must be aware that a line had
to be drawn somewhere, and the lire the Board had
drawn was, that but one interview should be
granted ; and thus had said to the parties, if you have
any fresh matter to communicate, we are ready
to receive it. Their Lordships would not think that
the Board lacked information when he informed them,
that having been in existence but six months, they were
receiving at the rate of 9,000 papers a year respecting
railway schemes. Of documentary evidence, therefore,
they had abundance. He now came to another class of
objections to which he wished to direct their Lordships'
attention. It had been said that the Board did not pos-
sess the confidence of the public, nor were they entitled
to have it. It had been asked by way of question, to
which it had been supposed that no answer had yet been
given, whether the Board had not a personal and pecu-
niary interest in railway matters, and whether they had
not, by obtaining previous information as to the deci-
sions of the Board which were forthcoming, enabled par-
ties to go to the Stock Exchange and to speculate
there. Now, if that statement had been con-
fined to the public journals, he could never
have mentioned it in Parliament; but these rumours,
affecting the efficiency of the Board itself, had been
sounded loudly in the ears of Parliament, and more
especially with respect to one member of that Board.
He (Lord Dalhousie) trusted that their Lordships would
not consider that he was occupying their time
with trifles, if he attempted to vindicate the
reputation of an able and honest servant of the public.
Mr. Porter and Mr. Laing, two other Members of the
Board, did not possess, and he believed never had pos-
sessed a single share. Mr. O'Brien had once possessed
sham, but he did not now possess any, nor had he
done so since he had been a member of the railway
Board. He was present when the appointment was
offered to Mr. O'Brien, and that gentleman voluntarily
stated that he was in possession of a number
of shares. The interview took place on the
26th of July, and on the 6th of August he had taken
measures to get rid of his shares, and on the 2d of Sep-
tember he irrevocably parted with every and all his in-
terest in any railway shares whatever. This was on the
2d of September. The Board did not attempt
to go into the consideration of these railway
schemes until the first week in December,
so that Mr. O'Brien did not possess a single
railway share for three months previous to the meeting
of the Board. Then it was said a spirit of favouritism
had been shown by this Board in certain railways. This
allegation he need scarcely notice because on the face of
it there was ample evidence of its utter want of truth.
After one of the Great Western Company's meetings, a
person sent him a paper from the country,
with a black cross on a paragraph, in which it
was suggested the whole of the Board of Trade should
wear the ticket or badge of the Great Western Railway
Company.—(Laughter.) A charge had been brought
against Captain O'Brien, that he had displayed a gross
partiality for the Dover Company, solely because he had
a brother connected with that line. This was
not a mere rumour ; it had been quoted from
public prints in the other House of Parliament,
and it was hardly possible for him to sit still and allow
the character of every one of his colleagues to be im-
pugned in this way. But the charge was as absurd it
was wholly unfounded in truth. Did they suppose that
the other members of the Board would countenance
partiality, without gain, inducement, or advantage
whatsoever? Did any person suppose that they would
have ventured to take upon themselves such risk, abso-
lutely without inducement, and merely because the
brother of one of their colleagues was the manager of
a particular company? Could any man suppose that
sitting in the chair of that Board, responsible as he was
to Parliament for their immediate transactions, that he
would be such a fool as to suffer a single member of the
Board to evince partiality for this or that railway which
came before them ? The charge was ridiculous. It was
an absurdity scarcely worth contradiction. It would be
preposterous to do so in any case, and doubly so in a
case like this. Now what were the circumstances of the
case? The South-Eastern Company had proposed most
comprehensive schemes. Other schemes had also been
proposed, upon the merits of which he would not now
say anything. They were before their Lordships, and
no one could doubt their competency to consider them.
In addition to the merits of their scheme, the South-
Eastern Company, adopting the view of the House of
Commons last session, had addressed a communication
to the Board of Trade, in which they bad
offered the following advantages, viz.—to reduce
the rate of fares over all their old and new lines, and to
calculate them upon, not the eighty-eight miles to
Dover, but the seventy-four miles. They also agreed
to take reduced fares for the second class, and they had
given double accommodation to the third-class pas-
sengers. They had also agreed to lay down the elec-
trical telegraph for the whole distance, and to go to
Parliament for the purpose of obtaining a central ter-
minus at Hungerford- bridge; and they were willing
that that should be made a central terminus for all rail-
ways; and, in addition to that, they offered to do that
which was a matter of great importance, viz., to pro-
vide the only link of communication round the southern
coast of the country, which link would give almost an
uninterrupted line of accommodation from the metro-
polis to within eight or nine miles of the land's end.
They offered, also, to put their old and new lines under
the option of purchase. Such were the offers they had
made; and when the Board agreed to them, no other
reason could be found for their doing so but that a
brother of one of the Committee was a member of the
company. It was ridiculous to make such state
ments; and, in justice to his colleagues, he
felt bound to make the observations he had done.
There was another point to which he would wish to
direct their Lordships' attention; and he did this equally
on the part of the other Members as for himself.
It had been asserted that private information of the de-
cisions of the Board had been circulated to certain par-
ties before those decisions were made public, thereby
enabling frauds, in the shape of commercial speculations,
to be perpetrated upon the public. On that point, as
far as the general allegation went, he met it by as ge-
neral a denial, and for himself he would say that on no
one occasion had he given the slightest information to
any person as to what those decisions were to be—
(Cheers)—and as far as the other gentlemen who com-
posed the Board were concerned, lie was in a position to
inform their Lordships that he (Lord Dalhousie) had
called the Board together, and he had put the question
to them, and those gentlemen had authorised him to say
that they were willing, upon oath, or if any other more
solemn mode could be devised, they were willing, by that
mode, to say that they had never, either directly or in-
directly,given the slightest information out of doors as to
the probable decisions of the Board.—(Hear, hear.)
There were two modes of giving those decisions to the
public ; they must either defer them altogether until
laid before Parliament, or they must give them
to the public almost in the moment of
decision. The latter course was open to objection, but it
was clear that by the former mode, the chance that the
decisions might accidentally be made public were in-
creased a hundred-fold. When the schemes of the com-
peting companies, with the remarks of the different offi-
cers in the department were returned to the Board, then
he (Lord Dalhousie) made a memorandum which, with
the other papers, he circulated through the Board, in
order that each Member should in like manner make
their own memorandums. Now, if those papers had by
any possibility been seen by third parties, then, indeed,
such information might have been obtained as had been
alluded to in another place. Every precaution had been
taken that human ingenuity could suggest to prevent any
but Members of the Board from having access to those
papers. They had not even been entrusted to the ordi-
nary official messengers. The papers had been put into
a box and locked up with a new lock, of which he alone
had the key. He had 'given the box and key, with his
own hands, to another Member of the Board, who should
in like manner give it to another Member of the Board,
and so on, until it was returned to him. There
was no key to that box, with the exception of
the master-key, which he wore round his own neck.
The box was never out of the custody of a member of
the Board of Trade, and it was physically impossible
for any one but a member of the Board of Trade to have
access to it. With respect to the decisions of the Board,
they had all, with one exception, been come to on the
day on which they had been published. The minutes
had been written at the Board by the secretary of the
Board; the notices for the Gazelle had been prepared at
the Board by the secretary, and had been copied by him
there. No one could have any knowledge of those de-
cisions until after their publication in the Gaztee. It
might be considered that after those minutes had been
placed in the hands of the editor of the Gazette, the
responsibility of the Board of Trade ceased ; but they
had taken every precaution to prevent persons connected
with the Gazette from an improper use of those docu-
ments. The Stock Exchange was closed at feur o'cleek,
and the papers were never put into the hands of the edi-
tor until it was so near four o'clock that it was physi-
cally impossible that lie could by any means of convey-
ance reach the Stock Exchange before that hour. He
was aware that it was not necessary for him to enter into
this vindication before their Lordships, but he felt called
upon to do so in consequence of what had been said upon
it. But suppose that railway speculators, calculating
upon the decisions of the Board of Trade, had made
purchases, it did not follow that the intentions of the
Board had been made public ; for any person of ordinary
shrewdness, looking at the reports of last year, and hav-
ing seen the early reports of the Board of Trade, could
calculate upon the principle on which that Board would
proceed. Many of tha journals had made accurate
calculations of their decisions. The principle on
which they decided was to secure the greatest
advantage to the public.—(eries of " Hear, hoer.")
Their decisions were open to the review of Parliament.
If those decisions were erroneous, they would be treated
as a mass of worthless papers, but the Board of Trade
had endeavoured to discharge the heavy task, attended
as it was with the most oppressive responsibility, which
had been laid on them by Parliament, without' favour
or fear, and they had adopted this principle as their
guide—that having a due regar I to the national and
local interests they should decide he favour of that line
which appeared to them to give to the country the
of
thewhich great
interests was about
involved make,
k in
greatest attainable amount of oublie good.—(Hear.)
e
Lord BROUGHAA considered that this was the
mot important subject which had engaged the attenti-n
of Parliament of late years. He begged leave, in tie
outset
of
consideration th'
e'remarks
and
anxious which were extracted from him by a deep and
the question—he begged leave, not only to absolve his
Noble Friend, hut also his colleagues. from all blame
whatever. he lied je_!:rd any clie
beti,;gl t till'(' 1 e I,earkl
that to eine,. isle had ui aaa,d IIJ couti.Aiun,
turbid--(Laughter)—with any railway, having never

he ever likely to do so, and therefore he was speaking
disinterestedly. He could not but express surprise at
his Noble Friend saying that the replrt of the Board
would not influence Parliament. His Noble Friend said,

" We do not act judicially, we do not decide, we are
merely ancillary to Parliament. All we do is to examine
the case, and report upon it to Parliament." Why, this
was true, but supposing he (Lord Brougham) repre-
sented a railway company, and supposing he proceeded
to Parliament, would not the first thing that he would
hear be, " You are throwing away your time,
you have been reported against. What chance
have you of passing your Bill ?" Did any man
bought a farthing's worth of stock in his life, nor was
suppose that the reports were to be waste paper. Why,
no, they would be followed by both Houses of Parlia-
ment. Government were pledged to the reports, be-
cause a portion of them had sanctioned them. True it
was that that portion of the Board were not in the
Cabinet, but, until the late extraordinary retirement of
a Right Hon. Friend of his, one at least had been in the
Cabinet. No, these reports would be taken by Parlia-
ment. They were not living in Uutopia, where Par-
liament was independent of the Government or the
Government of Parliament.—(Laughter.) It was said
that where the Executive had pronounced an opinion,
and had reported that opinion to Parliament, they were
not bound by that opinion in their House. This was not
the sort of world they lived in. But now it was not a
Government! Well, if it was not a Government, it was
a very important member of one—a very important col-
league of one. He should like to have a return, next
year, showing how many reports of this Board of five
Members, acting under the President of the Board of
Trade, had not been sanctioned by Parliament,
and how many had. His own conviction was—
that the result would be just the same as
the report of the Board of Trade in ninety-
nine cases out of a hundred perhaps in a
hundred cases out of a hundred—there would be found a
literal coincidence between the decisions of the Board of
Trade reported now to Parliament, and the decisions
recorded in the Statute Book. He said this with very
great confidence, not merely from past experience—not
merely judging from the probabilities and improbabilities
—but from the speech of the Noble Lord himself. He
had listened, not only to the first part of that speech, but
to the last part—and the whole of the last part, and it
was a demonstration of the truth of the assertion he had
just made. The utmost possible precautions were taken,
said his Noble Friend—and most justly and properly,
too—to prevent the least whisper from getting abroad,
whereby the result attending the inquiry—the probable
decision of that inquiry—might be conjectured; first, the
papers were not entrusted with the executive, and there-
fore an especial lock was provided, as well as a special
key to secure these papers. The genius of the Bramah
of the day—(Laughter)—was put into requisition, that
there might be a new inimitable key fur an unopenable
box.—(Renewed laughter.) This box was sent by a
special messenger, at a particular part of the day—at a
quarter. past four—just when the Stock Eechange
was shut, to the Gazetie office. He was the
only person entrusted with it, and no one human being
could ever form a conjecture what would be the opinion
of the Board. But then why all this secrecy, and why
all this multiplied precaution to prevent the publicity of
the least whisper getting out of the decision of the
Board? If the decision of the Board was of no conse-
quence, and was not to effect the final result,—if it was
to be considered only as the opinion of five men for the
purpose of saving Parliament the trouble of entering so
minutely into the question,—if the Board did that only,
if it was ancillary only to Parliament, and not to guide
it, why, he would ask, did they not publish their pro-
ceedings at Charing-cross.—(Hear, hear.) The reason
of this secrecy was this, that the decision of the Board
not only operated on Parliament, but finally decided
what railwaysßills should be passed and what not. Now
here were three schemes of railways in contemplation be-
* fore the Board, and the question was which of the three
should be successful in the opinion of the Board, and
which of the two should be condemned. The parties
go in before the Board, it examined the case. His
Noble Friend at first said that the Board did not exa-
mine evidence; they had no power to examine or call
witnesses, and they informed themselves in the best way
they could. The Board examined the evidence produced
by the parties without calling witnesses. The reports of
the Board were published in the Gazette. Now, what
was the Gazette? It was the official print that gave to
the public the condemnation of two of the three schemes,
and the approval of the remaining one. They reported
against two and in favour of one ; and what was the
consequence ? The decision was whispered upon the
Stock Exchange, and those who had shares in the two
first projects sold out at a loss, while_ the last rose in the
_ _ _

market to an incalculable extent. Now, it was well to

know in what way they could best regulate this im-
mense power for the safety of the public, so as not to
press on the property of individuals. If, for instance,
he should, as many had done, invest 5,0001. in railway
shares, or if he had any connexion who had done so, he
should, naturally enough, feel greatly interested in
knowing on what grounds the Board of Trade bad so

decided. They were all aware of the immense capital
involved in those railway schemes ; yet here was a
Board that could by a single word depress or altogether
sink the most flourishing schemes, and raise the
most depressed. Could ruin some and elevate others
to wealth, and all this by a single report in the Gaza*.
Let them not run away with the impression that there
should be injustice in this, but yet where it was possible
that there might be injustice, it became their duty to
guard with a jealous eye the interests of the public. He
thought such a Board should consist of some sworn
Ministers of the Crown, or of some responsible persons
who would be accountable to the country for the deci-
sions they came to, and for the justice of decisions which
involved such enormous amounts of property. Then
they should not be in a position to go, if they so chose,
and buy or sell on the Stock Exchange. He decidedly
was of opinion, therefore, that that Board should consist
of individuals high in rank and station—high in political
affairs, and in the Parliament of the country. They
could hardly place men too high or too respectable at
that Board, and he would repeat his own conviction that
the most eligible would be the sworn advisers of the
Crown.—(Hear, hear.) But he (Lord Brougham) must
guard his words to prevent an unfavourable construc-
tion being placed upon them. His arguments must be
understood as applying generally, for he fat that there
could not be more respectable individuals than some—and
he knew them—of the pers. ns sitting as members of that
Board. He knew Major-General Pasley well, the
others he did not know, but he took their characters as
described by his Noble Friend. He would just refer
to a subject which had been alluded to by the Noble
Lord. It was said that one gentleman named O'Brien
was connected with a Railway Company, and that an-
other Mr. O'Brien was a member of that Board, and it
was said that the first had speculated upon certain in-
formation received of the intended decisions of the Board.
Earl DALHOUSIE—The imputation was this, that
the decisions given by the Board were revealed by one
of its Members to his brother. To that he gave a per-
fect denial, and in addition he had to observe, that it
was absurd to suppose that it could be done. _

Lord BROUGHAM had no reason to doubt that
such was the case. He understood that it had been
asserted that Mr. O'Brien had been a purchaser of stock
at the time, or about the time, but that was denied, and
he (Lord Brougham) was in consequence quite satisfied.
He had no doubt it was all right, and all proper, and
chat no shadow of suspicion could exist against that

gentleman. But one advantage might result from the
circumstance. It might attract the attention of her
Majesty's Government to the matter. It would not do
merely to say, " Oh, the persons constituting the Board
are men of honour. They would not divulge their in-
tended decisions." The amount of caution used to pre.
vent the result of their deliberations being given to the
public at the improper time, proved this, if it proved no
more, that the information sought to be secured was of a
most important nature, and capable of being made a
grievance of no common magnitude to the public. It
was, therefore, absolutely necessary that confidence
should be observed to prevent malversation, and that
the most entire confidence should be placed in the
Members of that Board, in order to prevent fraud
and sreculation among the public Ho had thought
it his duty to make these few observations on a matter
which had excited the public interest in no ordinary
degree. . __ • -

The Marquis of LANSDOWNE, who was heard at
first very indistinctly, was understood to say that the
decisions of the Board of Trade were never considered
final in the House of Commons. He thought the Board
was of incalculable advantage, as preventing persons
from embarking in schemes which were never likely to
be sanctioned by the Imperial Parliament ; and for that
reason alone he should be inclined to support it. It
would, he hoped, be shown that, however individuals
were prejudiced in favour of their own plans and
schenies, they would still be open to reason, and the de-
cisions of the Board of Trade would therefore be emi-
nently useful in destroying all such fallacious schemes
in the bud, and preventing a great waste of capital that
might be more usefully employed.
Lord STANLEY s.dd that as his experience in the
other House was of a mere recent date than that of the
Noble and Learned Lord (Lord Brougham), perhaps he
might be allowed to correct a misapprehension into
which the Noble Lord had fallen ; because if allowed to
o uncontradicted, it might create an impression exceed-
ingly unjust to the character of the Government, and
the House itself. The Noble and Learned Lord had
stated that he should move for a return of all the rail-
ways that had passed the House of Commons, and for
the reports of the Board of Trade connected with them,
Ind he ventured to affirm that, in ninety-nine cases out
of every hundred, the decision of the House had followed
as a matter of course the opinions of the Board of Trade.
It was extremely likely that the opinions of the Legis-
lature-would be in accordance with that of the Board of
Trade. But he could assure the Noble and Learned
Lord that, in no one instance, had the Government upon
railway matters sought to influence the votes of the
Meihbers of -the lower House. The Noble and Learned
Lord would ever find, in the majority of cases, that even
the members of the Government had refrained alto-
gether from voting on suoh occasions, or, when they did
vote, they were found opposing each other. The Noble
and Learned Lord would certainly assign the claims of
private property as a just yea on why Members should
have an opinion of their own on such sub.), cis, without
being biassed by the expressed opinions of the Board of
Trade or of the Government. The Board of Trade
examined the schemes bofore them, as stated in the most
favourable light by their several supporters, without the
perplexing examinations and cross-examinations of
counsel; and, therefore, any decision they might come
to, might be very fairly taken as an evidence of the effi-
ciency of that Board, and the justness of their conclu-
sions ; and, certainly, if it were so, it must be
conceded that it. was of great public advantage.
He did not intend to as to their Lordships i
that the Board never exercised any nfinence
upon the House of Commons. All he meant to say
was that the decisions Of that Board were not 13oked
upon as final - by. that 'louse ; but surely Noble Lords
would be of opinion that
_the UMW Would but stul-