The Sun.
London, England, 1845-02-06 00:00:00

ientnjjjj

LONDON, THURSDAY, FEBRUARY 6, 1845,

infiictei on parties interested in private Bills, and
the great waste of time consequent upon the lengthy
speeches of counsel, and suggested the propriety
of counsel being excluded altogether.

Mr. EWART asked if the Government were pre-
pared to introduce any measure to prevent Members
from serving on private Committees who had an
interest in the questions submitted to those Com-
mittees.

Sir R. PEEL was not prepared to make any such
announeement.

Lord HOWICK complained of the injustice which
would be inflicted on parties interested in those Rail-
way Bills, against which the Board of Trade had re-
ported, if no longer time were given them for the
presentation of petitions for their Bills, than was
allowed for the presentation of petitions for other
private Bills. The Noble Lord complained of the
system which gave such vast powers to the Board of
Trade, and concluded by suggesting that the time
allowed for bringing in Railway Bills should be
twenty-one days after the report of the Board of
Trade should be printed. _ _

Sir R. PEEL agreed with the Noble Lord that
some delay ought to take place with regard to rail-
way Bills, and proposed that the discussion should be
adjourned in order to consider the subject.
A short discussion followed, in the course of
which

Mr. VERNON SMITU asked whether the Govern-
ment was prepared to stand by the Board of Trade
reports as official, and whether the House was to re-
ceive them as having the weight and authority of
Government advice on one side or the other ?

Sir ROBERT PEEL replied that the House had
acted in this matter by the advice of a Select Com-
mittee; but it never was -the intention of the Go-
vernment—it certainly never was his (Sir R. PEEL'S)
intention—to devolve upon the Board of Trade the
power of determining which railway plans should be
adopted and which should be rejected It was his
opinion that the influence of the reports of the Board
of Trade upon the decision of the Committees would
depend upon the weight of the fact 3 and the value of
the information produced on the inquiry. It was
never his intention--nor would he ever consent to
any course which would involve the Government in
the determination of these questions between com-
peting speculations.
After a few words from Mr. F. FRENCH, Lord
HowicK withdrew his motion at the recommendation
of Mr. GREENE, on the understanding that all those
sessional orders which related to the subject should be
postponed.
The other sessional orders were agreed to.
Mr. EWART postponed his motion on the subject of
the morning sittings of the house.
The Library Committee was appointed.
In answer to Mr. HUME, Sir JAMES GRAHAM
stated, that he could not undertake to proceed this
session with the County Courts Bill.
Sir JAmEs GRAHAM gave notice, that he should
move for leave to bring in the Law of Settlements
Bill to-morrow (this day) sen'night.
Sir R. PEEL, in answer to Mr. Rim:, said that the
report of the Commission on Harbours of Refuge had
bven referred to the Admiralty. But the Govern-
ment had comeito no decision with respect to any
harbour except that of Holyhead, where some works
would be carried on for ficili!ating the communica
tion with that part of the United Kingdom. The
Right Hon. Baronet likewise announced that her
MAJESTY would receive the address of the House in
answer to her gracious speech, at half-past two o'clock
.to•tnorrow (this day.)
Sir JAMES GRAHAM, in reply to Mr. Humn, said,
that he intended to introduce a measure respecting
the charities of England during the course of the pre-
sent session.

Lord JOHN RUSSELL put a question on the subject
of the financial statement, in reply to which—
Sir R. PEEL said that he had already givon notice

that he would bring forward his financial statement
on Friday Eeinnight, and on Friday next he would
state exactly wt.at its purport would be.
Sir JAMES GRAHAM gave notice of his intention to

and snuff-takers, the more industrious of our artizans,
&c., have, all of them, by turns, been clamorous for
the repeal of the malt-tax, the duties on raw cotton,
on windows, on tea, on tobacco, on paper, and so forth.
How to concede the application of A, without uniting
B and C in confirmed hostility to him, would have
been a sad puzzle for any Premier less fox tunate, or
less cunning than the Premier. He makes a virtue of
necessity. " The income-tax will shortly expire."
A great fact that, and highly proper to come into
her MAJESTY'S Speech. Her MAJESTY'S Government
are very reluctant to do without it ; so her MAJESTY
is made to talk of the " expediency" of renewing it
for a further period. Something more is thus gained;
the mind of the country is accustomed beforehand to
contemplate a proposition, which, if it came upon
them without so much of preparation, might prove
too startling to be adopted. On the other Land, it is
at least as essential that much time should not be
allowed for the agitation of the several schemes of
remission. Therefore, Sir ROBERT fixes his Budget
exposition for the 14th inst. If, on that day, he can
carry the House of Commons with him, in voting that
the income-tax should be continued, he can afterwards
repudiate all remission applications in detail. "It is only
through the income-tax 1 realize any surplus of public
income over public expenditure You have already
resolved that it is necessary that the revenue should
exceed the charge of the current year. Her MAJESTY
is assured,—` that it will be our determination to
maintain an amount of revenue adequate to provide
for the public service, and amply sufficient to meet
the necessary expenditure of the country, and firmly
to uphold that public credit which is indispensable to
the national welfare.' If I give up th tax, I
have no surplus. If, retaining that tax, I give
up the taxes on malt, paper, cotton, tut, windows,
or any two of them, I shall yet have no surplus. In
the face of the resolution of Parliament and the
recommendation of her MAJESTY, I cannot, by ac-
ceding to your wishes, leave myself without the
means necessary for, and adequate to, the public ex•
penditure and services." This will be the Premier's
' case, and it is difficult, upon principle, to gainsay it.
But if this State necessity can really be shown for
retaining this war impost (for such it should exclu-
sively be) in the thirtieth year of an unbroken peace,
let us hope that Sir ROBERT PEEL will come forward
with some wise, just, and indispensable modifications
of its abominable inequality. To take seven-pence
in the pound from the hard-earned income of the man
with 1501. a year, is an infinitely larger demand upon
his means than Si. per cent. would be on the man of
from 6001. to 1,0001. a year ; or 7L 10s. per
cent. on all incomes from 1,0001. to 5,000/. ; or
101. per cent on all incomes from 5,0001. to 10,0001.;
and 12/. 10s. per Cent. on all above 10,000/. The
Premier would gain, we suspect, by such a conver-
sion for the country, both in the increased aggregate
and the diminished cost of collection ; but this scheme
would mulct far more heavily than the scale he has
adopted, the redundant incomes of himself and his
most influential supporters. We do trust he will
carefully re-examine schedule D of his original Bill,
with a view to see how far he can relieve the small-
salaried clerk, the little tradesman, the limited an-
nuitant, and the more moderately paid of our mili-
tary and naval pensioners from the liability to contri-
bute 7d. in the pound out of their scanty incomes.
But we purp,..se very shortly to recur more particu-
larly to this subject. _ _

introduce a Bill for the payment of the Clerks of the
Crown by salary instead of fees to-morrow (this day)
se'nnight.
On the order of the day for bringing up the report
on the address being read,
Mr. HumE urged upon the House the necessity of
relieving commerce by the removal of some of the
oppressive duties to which it was now subjected. He
expressed his approval of the manner in which the
Otaheite affair had been settled.
Mr. WILLIAMS complained of the non-reduction of

the national expenditure.
Mr. S. CRA NFORD hoped that some measure would
be introduced to regulate the relation of landlord and
tenant in Ireland.
Mr. WALL ACE by voting for the address would not
pledge himself to vote for the estimates.
Sir R. PEEL said that his voting for the address► in-
volved no such pledge.
Mr. WAKLEY complained of the undue pressure of

he income-tax, and of the hardships inflicted on the

labouring classes by the existing law of settlement,
and expressed a hope that when the Bill of the Go-
vernment on the subject of that law should be intro-
duced, a Committee would be appointed to inquire
into the condition of the people. The Hon. Gentle-
man related a case illustrative of the cruelties

inflicted by the existing law, and asked if it was
surprising that outrage and discontent should exist
under such a state of things ? lie then expressed his
approval of the foreign policy of the Government,
and his disapproval of the manner in which the State

trials in Ireland had Leen conducted, and suggested
to the Irish Members the propriety of proposing
measures for the redress of the grievances of Ireland,
leaving to Parliament the responsibility of rejecting
those measures if they should venture to do so.
The report on the address was then brought up
and agreed to.

Just as the House was about to rise, a petition was
presented from Mr. GEORGE MOFFATT, complaining
of an undue return for the borough of Dartmouth.

The general proceedings of both Houses on Tues-
day night were not very remarkable for a character
of interest or excitement. In the House of Lords,
we observe that the Duke of MONTROSE warned the
Government of the serious embarrassment they were
preparing for themselves, by their most uncalled-for
attempt to force upon Scotland the PEEL currency
motion of 1819. In the Commons, after the speeches
of the mover and seconder of the address, the most
notable matters were the animadversion ... )f Lord
'TORN RUSSELL on the deportment of both e French
and English Governments in respect to the Otaheite
affair, and the misunderstandings coasequex t
thereon ; on the disgraceful condition of affiirs in
Spain, for which credit had actually been taken, his
Lordship observed, as the result of the good under-
standing between the Crowns of England and France ;
the omission from the royal speech of all allusion to
the beneficial extension experienced in our trade
with China, in happy fulfilment of Lord
P A LmattsroN's predictions as to the ultimate
results of the policy he had, when in
office, adopted ; and of some very pointed reproba-
tion of the measures adopted by her MaJEsTrs
Ministers in reference to the late State Trials in Ire-
land. The Noble Lord was very happy in rallying
the Government for expecting that the Russian
Government would be impressed, through the visit of
the Emperor to Queen VICTORIA, with the necessity
of improving the existing relations between Russia
and this country, so long as we persisted in that anti-
free-trade system of duties which excluded from our
ports the greater proportion of commodities that, under
a mere liberal system, Russia would be eager to
exchange with us. Lord PALMERSTON spoke with
his accustr:med vigour and extreme acuteness
on the important questions of the increase of the
slave trade, and the blundering manner in which the
right of search, established under the treaties of
1830 and 1833, had been both attacked and vin-
dicated. Before Lord JouN RUSSELL rose, Mr.
GLADSTONE made an impressive and interesting
statement, as to the conscientiously differing views
—on questions of religious and educational policy—
especially in their relations with Ireland, which he
entertained, and the necessity he had on that ac-
e mnt felt himself under, of retiring from the Go-
vernment, which (it seems) is determined to carry
them. He distinctly avowed that he had not
been influenced, in this resignation of office,
by any misunderstanding whatever with his late col-
leagues, on commercial matters. The address in
answer to the speech was passed unanimously, though
some of the older school of Tories appeared to be
much scandalised at the Premier's emphatic pledge
that he would bring forward immediate measures for
extending the advantages of academical instruction
in thesister country, and for liberally extending the
grant to the Roman Catholic College at Maynooth.
Parliament will find business growing on their hands,
if they waste as much time on extraneous discussions
between this and July as they did last year. Let
them looklo it!

The House adjourned at Eight o'clock.

Her MAJESTY'S Speech on the opening of the
present session, and the debate of Tuesday in both
Houses, being now fully before our readers, they will
be enabled to form a pretty accurate judgment of the
general tendencies of the financial and commercial
policy which the Government are intending to pursue.
The very unusual announcement, by the First Lord of
the Treasury, of his resolution to bring forward the
Budget, or Government Financial Statement for the
year, at so early a day as the 14th instant, is, in some
respects, the most prominent feature of these opening
proceedings. In the almost abruptness of this notice
of motion, as given on behalf of the Right lion.
Baronet, we find the indications of a somewhat alarm-
ing alacrity to follow out the significant hint con-
veyed in the following passage of her MAassry's
Speech, viz. :—" The Act which was passed . . . . fur
imposing a tax upon income will shortly expire. It
will be for you, in your wisdom, to determine whether
it may not be expedient to continue its operation for a
further period." Alas! for John Bull. He has no
more doubt of the " wisdom of Parliament's" dis-
covering that he is still too plethoric in the region of
the pocket, and that it will bo necessary still to reduce
this tendency to make money, by continuing that
venesection of his purse-strings which has been, now
for three successive years, resorted to by his Tam-
worth doctor, than a corpulent schoolboy anticipates
any division of opinion among his medical attendants,
when one of them submits to the other the extreme
propriety of repeating the nauseous doses that have
already brought him to death's door. The Minister,
to do him justice, does not get up the machinery of
his measures amiss. NlThen they are most obnoxious
in character, he is most astute at devising the means of
getting over them quickly. When new difficulties
arise to hamper the action of his Government, he
employsthliisvery machinery to overcome them, and
thus skilfuy converts a main element of Ministerial
weakm ss, because it is of an obnoxious
character, into
an engine of Ministerial strategy, to ride over the
obstacles offered to him by
difficult
and to accelerate
nclardewerellionvger
urthdatelay
ul3 au!\ iahni and
hdisanfgraeurgouhst
with imminent peril to his own
hisground,own
al ler and tenure of
office. We have seen the demand:
upon him for re-
mission of taxes, which have been elicited on all
hands by the knowledge that the last quarter's
returns demonstrated a surplus of revenue over ex-
penditure. The landlords, the tenant farmers, the
manufacturers, the householders, the poorer smokers

We think Lord Howicx is entitled to the thanks
of the public for the able manner in which he has
i:rought under the notice of the House of Commons
score of the inconveniences and hardships that may
result to parties legitimately interested in schemes
fur the construction of new railroads, if the Stand-
ing Orders with regard to the presentation of peti•
tions for leave to bring in the necessary Bills to give
effect to such schemes, be allowed to remain in
their present shape. His Lordship chewed very
clearly, that after the new Committee of
the Board of Trade have decided on reporting against
a particular Bill, the parties are not allowed, at pre-
sent, anything like an adequate period for making up
their minds on the grave question whether or not it
can be worth their while, whatever the merits of
their scheme of railway, to attempt to carry it through
Parliament in the face of an adverse report from the
Board of Trade's Committee. This dilemma, which
it now appears is so probable, is the very re-
sult that we anticipated in the several arti-
cles published lately in The Sun, in which
we have expressed our serious apprehensions
as to the prejudicial working of the large discre-
tion, and too invidious influence on all such ques-
tions that have been devolved on this Committee.
We trust that in the debate of this evening, on Lord
Howicx's motion, the propriety of revising and re-
stricting the powers of the Board of Trade's Railway
Committee will be dispassionately and carefully diE-
cussed. In some respects the anomalous indirect au-
thority of the official body we speak of is really greater,
at present, than that of a Parliamentary Committee.

The House of Commons met at Four o'Clock. A
great number of petitions for new lines of railway
were presented.
In answer to a question from Mr. WALLACR, Mr.
W. E. GLADsToNE stated that all the railway com-
panies but two had complied with the provisions of
the Act of last session, in providing additional ac-
commodation for third-class passengers.
Sir JAMES GRAHAM, in answer to a question from
Mr. lIUME, expressed his willingness to institute an
inquiry into the operation of the Scotch Prisons Act.
The usual sessional orders were then moved, and
during the course of the discussion on them,
Mr. WALLACE complained of the great expense

We have observed with pleasure that Mr. WAL-
LACE, the Member for Greenock, is at his post again,
and, as heretofore, looking to the interest of the
many in place of the few, which will be best explained
to our readers by giving copies of the two following
notices of motion respecting railways, to which we
have only to add our recommendation that those who
have suffered from non-compliance with the provisions
of the Act for the accommodation of the public in
third-class carriages, should, without delay, publish
theioi instances in which it has been violated, so that the
Hun. Member may have the case of the public fully
before him

"To inquire of the President of the Board of Trade,

THE SLN, LONDON. THURSDAY EVENING, FEBRUARY 5, 1845.

how many of the-Railway Companies coming within the
provisions of the Act of last session had complied with
the regulations laid down in the sixth clause, as to
having seats and protection front the weather for the
conveyance of third-class passengers, and also how many
had failed so to comply.
" To call the attention of the House, to the several re-
ports made by the Select Committees on rails ays, to the
appointment of the Board constituted by the board of
Trade on the 24th of August, 1844, for the transaction of
railway business, and to the nature and effects of its
published decisions on the interests of the country, with
a view to the revis:on and amendment of the Railway'
Act of last session."

We have received Madrid journals of the 29th ult.
The Chamber of Deputies was engaged in discussing
the Bill fur the abolition of the slave trade, ar.d
after some progress, adjourned till the 31st. General
PRIM, who had been restored to liberty, was expected
to arrive from Cadiz in a few days; and it was said
the General SERRANO, who had been exiled from the
capital, had been sent for, t,n3 that an important
command was to be conf€rred upon him. General
CONCHA had also been ordered to come to Madrid,
and re-organise the cavalry on a new plan, after which
he was to resume the command of the Basque Pro-

vinces.
The Three per Cents. closed at 324 for cash,
and 324 at 60 days, and the Five per Cents. at 23
15-16 at 60 days.

sewing in their true light the atrocity of Rosas, and the
nec...ssity of again placing the Banda Oriental wider the
protection of some of the grtitt P, wars, may have ad-
vanccd the arrangements which hnd ;Area 1)' been come
to beta cm the French and Engli,h Goverments."
The Revue de Paris states that letters were received
on Monday by the Government front Captain BRUAT,
Governor of Otaheite, in which he states that he had
adopted measures for operating without any unplea-
sant complication, the transition from " absolute pos-
session" to the "protectorate." That journal adds:—
" We have not heard if M. BRUAT mentions having
completely succeeded in the accomplishment of his
moderate and pacific intentions; but we apprehend
that such has not been the case, for a report prevails
that fresh scenes of revolt and collision occurred
at Otaheite after the receipt of the dispatches en-
jiinirg the immediate restoration of Queen PoMARE."
THE BOUliBlc-- TUESDAI, FEB. 4

The Paris papers are chiefly occupied with the
appointment ‘f ➢l. DE SALVANDY to the Department
of Public Instruction, and the dismissal of the two
N!embers to which we adverted yesterday. M.
TRIERS'S journal is highly indignant at these steps
taken by the Ministry, though, strange to say, it re-
gards them as omens of their speedy downfal. "Were
the writer sincere, he would be the last man in the
world to blame M. GUIzoT for a line of policy which
must be so gratifying to the leader of the Opposition.
The Comtitutionnel regards the subject, however,
iu such a serious light, that it devotes two columns to
abuse of the Ministry, and concludes the article in
these words :—" The fury of the Cabinet against the
dissentient Conservatives produced yesterday a deep
irritation at the Chamber. M. DROUIN DE LRUYS
was surrounded by Deputies protesting against his
disgrace. The Ministers were publicly questioned as
to their intention of dismissing M. Durrx, the Pro-
cureur- General at the Court of Cessation, and whether
they would carry to its extreme lengths their ex-
treme political extravagance. Remarks were made
on the strange contrast of this violence with the pro-
found calm which reigns in France, with the
public peace, and with the remarkable moderation
Of the Opposition. It is no longer against the Left
or the Left Centre only that war is proclaimed ; it is
against the moderate Conservatives, who maintain the
liberty of their votes. It was also remarked that this
measure of the Ministers strangely inaugurated the
entry of M. DE SALVANDY, and rendered still more
ridiculous, more intolerable, the position of the new
ministry of Public Instruction. Last year M. DE
SALVANDY had also been dismissed fur a vote ; he
had complained of it loudly—had filled the two
Chambers with the noise of his disgrace—and behold,
the very day that he becomes Minister, two func-
tionaries of the diplomatic or der are severely visited!
The Moniteur, in tact, informs us that Count DE ST.
PRIEST, Minister Plenipotentiary at Copenhagen, has
also been dismissed on account of his vote. These
wretched acts of violence were regarded by all as the
infallible symptoms of the last moments of the ex-
piring Ministry. It agitates itself in its impotence ;
it attaches its hopes to expedients which are precipi-
tating its end ; no violent means appear to it to be
proper to be neglected; it fee's itself dying. Its
terrors and agonies are proved by its convulsive
movements. The Chamber has judged it; it sees
clearly that it cannot escape its sentence. It is
Le dernier four d'un condamni:
The Ministerial Globe of Tuesday, however, places
the question in a fairer light:—" M. LHERRETTE
yesterday," it says, " made a sort of detni- proposition
relative to the dismisal of M. DROUIN DE Lulus. In
place of formally demanding an explanation, which
the Cabinet declared it was ready to give, he inti-
mated that he should return to the .subject when the
Bill relative to public functions was brought in. As
this Bill is to be discussed to-morrow, M. LIIERBETTE
will not have long to wait. Unfortunately, M.
LIIERI3I.TTE N\ ill not have much to say to-morrow,
quitln hissu e hpoasptouc.btaylsieAg:
unless it be that the dismissal of M. DROUIN DE
LUUTS has been too long delayed. It was, in fact, no
slight scandal to behold a man attached officially to the
,siliseverthLeiecndpeotposhusfeibbawl
impossible
llpolicy:4lf,a(r,enasd
na,
sfvonui
not goon
which,
htoa:noocnnoa ntrhsyeeAdministrationqtsuoaemnp ertlproperly
edhreleya
sswepdrl
e)‘ui.rectfd;i 1
perform
I et.
commonobligations
nlest acceptswi
th nidelicacy
public b
ehescafioldt
contracts.
ttebri
aiiacogt
tnes
ass.
ahims danutyto.
Deputy is inviolable in his convictions. Without
doubt the conviction of a Deputy ought always to be
o respecteduglltto accept; but a
tphee
The first of these is to devote himself sincerely to the
service confided to him ; but how can one devote one's-
self to a work which one disapproves of, fights against,
and endeavours to trammel ? In accepting public
functions, a Deputy knows perfectly well that he will
have to exercise them under various and successive
Ministries. A change of policy is not, therefore, for
him a matter unforeseen; he ought to expect such
changes ; and, if one of these systems of policy ap-
pears to him to be contrary to his principles, his
conscientious duty orders him either to keep his opi •
nions and retire, or to sacrifice his opinions to the
place which he holds and remain. No casuistry
will enable a man to get out of this dilemma.

Finn

Luvo ea LAW

Price Price. Price Price
French Five per Cents 122 50 •• 122 50 .. 122 20 122 30
Three per Cents.• •
New Loan •• •• •• •• 86 15 .. 86 15 .. 86 15 .. 86 15
Couin Bank. I,ooof. Shares lO 0 ..1050 ..IC9O ..1090
Belgian Bank ..• •• • •• ••• • • • C 35 .. €35 .. C 35 .. 635
Belgian Fives, 1840 .. •••• • • Ic4 % 104% .. 2% ..
1842 lOll.l .. 106% .. 106% 116%
Four-and-a-Half 103 .. 103 .. 102% .. 1(2%
Two-and-a-Half C2 .. C 2 .. 62 .. 62
Spanish Threes....
Active . ...... 38% .. 39% .. 381 ..
Pausive ••• •• 7 7 .. 7 .. 7
New Deferred....•• 8 s . . 6 . . V,
Portuguese Five per Cents • • GO .. GO .. GO .. GO
Neapolitan ............. .. 99 50 • • 99 50 .. 99 50 .. 99 50
Roman ... •.
RAILWAY SHAKES.

St. Germain .t.••• .•......10t7 r 0 ..1047 50 ..1047 50 —1047 50
Versailles, XII.-- •. 517 50 .. 532 50 .. 517 50 .. 532 50
L. 8............. 388 75 .. 405 .. 398 75 .. 405
Rouen.

Rouen to Havre.• ••
Orleans •. • '''
• •• ..... •• • 1145

.. 905 .. 901 25 .. 905
..1152 50 ..1145 -1150

Strasburg to Bale •. • •
Avignon to Marseilles •• •• •• 927 50 .. 935 .. 927 50 .. 935

RAILWAYS FUR TUE ACCOUNT. FEB 15.

St. Germain ..10'.2 50 —1045 ..1(52 50
Ver5a'11e5,R.8............. 517 50 • 540 .. 517 50 . 537 50
L.B.•••• •. •..... 400 .. 410 .. 400 .. 407 50
R0ufin...............••••.1105 • 1120 ..1103 75 .1115
Rouen to Havre 900 907 50 900 802 50
Orleat s
Strasburg to Rale•••• - 317 50 312 :0 313 75
Avignon to Marseilles 032 50 .. 937 50 .. 932 50 535

1' I;.‘ lIA .!* .

OVERLAND AIAIL.

The Journal des Debats contains the following
reply to the animadversions of the Opposition press on
the appointment of M. DE SALVANDY :
Minister‘The oafPlP'°uibrilticuttr(uifctn
tie
io Count de Salvandy to be
has surprised and annoyed
the Opposition, insomuch that its journals have not been
able to suppress their spite. We cart easily account for
this spite, and as easily conceive that the coalition can-
not see without dissatisfaction that the Cabinet should be
ethxiinskteinn
iittsewl'a believed to be on the
itself, and
and of rendering its
verge of falling. The adhesion of a man of so much im-
portance as the Count de Salyandy is a happy event for the
Cabinet, and that the coalition should comprehend and be
vexed at this is most natural. But what sve can less imagine
existence moreof its
stable, completing
is the surprise of the coalition. Does it not seem to indi-
cate that it had twquired rights over M. de Salvandy ?
Does it not seem to say that ho had entered into a com-
pact with M. 'Tiers and M. Billault ? No ! M. de
Salvandy has never given any right to the coalition to
rely upon him ; he never has entered into any engage •
ment with it. We will say more : M. de Salvandy has
never tampered with any coalition, an honour, by the
%% ay, in these times, too uncommon. This is a homage
which we, more than any one else, have the right of
rendering to the firmness of his convictions and the
noble probity of his character. The coalition well
knows that M. de Salvandy has kept himself completely
aloof from all its manoeuvres. It cannot be ignorant
that, in the debates un the Address, be voted against all '
the amendments, and associated himself without reserve
or hesitation with the policy
of the Cabinet. Si ice the
discussion of the Address, he has taken the most open
and acti, e part in rallying and re organising the Conser-
vative party. A conduct so loyal and patriotic gives un-
doubtedly no claim, to the good graces of the coalition,
and we can easily conceive its chagrin.
The Railroad Police Bill passA the Chamber of
Deputies on Monday. In the course of the sitting
M. LHERBETTE alluded to the late dismissal of M.
DaomiN DE LUDY% which he declared to be a violent
attack on the independence of the Deputies. M.
Gun(); in reply, stated that he was ready to give
explanations on the subject whenever the Chamber
might deem it proper to demand them. The discus-
sion was, by common consent, postponed to the period
when the Secret Service Money Bill is under delibe-
ration.

TELEGRAPHIC DISPATCH.

We have just received the following from our
Parisian Correspondent :
" PARIS, Two o'Cnocx, WEDNESDAY.

" A telegraphic dispatch has just been received
announcing the arrival of the Indian Mail yester-
day morning at Marseilles. The dispatch being
silent as to the contents, it is to be presumed that
there is no polithml news of importance.
" The Paris papers contain no news. The Madrid
m till had nut arrived, owing to snow on the roads.
" The Speech of the Qa, en a England had just
been received by Extraordinary Express, and was
considered most satisfactory."—Morning Paper.

IMPERIAL PARLIAMENT.

maGrka sligretratniz:se lltof
etshs
eenga
frearircsonotfamino he
s fidoleloo7Ling re-
" The Constitutionnel has a long article on the affair
of Monte Viifeci, in which it attacks M. Guizot with
much severity for having so long tolerated the moimons
cruelties of Roses towards French subjects, and suffered
the interests of French commerce to be compromised.
ntteV
From some of the remarks on this article we may regard
it as the preliminary of a formal notice of the subject
in the Chamber by M. Thiers, who has probably
strengthened his case by some new and important facts
which have reached him through an authentic channel.
The Constitutionnel seems to think that M. Guizot has
in this affair been guilty e.l the most culpable apathy,
and observes that a single word from him would have
put an end to the attlick upon Monte Video, and de-
livered that place for ever from the persecutions of its
enemy. On this occasion, however, and the circumstance
is really a novelty, no attempt is made to impute the
conduct of M. Guizot to any fear of offending England.
On the contrary, it would appar from the general bear-
ing of the article of the Constitt,fennei, that M. Guizot
has rather resisted than complied with the wshes of ttic
English Government on this question. We have reason
to believe, however, that some uniierAaoding has lye!,
come to between the Earl of Aberdeen and
and it is not improbable that the visit recently paid to
the French Mini:ter of Foreign Affairs by General
O'Brien, who came to Europe for the purpose of repre-

(THIS DAY.)

HOUSE OF LoRDS.

Their Lordships met at Twelve o'clock.
The LORD CHANCELLOR appeared at the table, arid
announced that her Majesty had appointed half-past
two to receive the Address, at Buckingham Palace.
At a Qtarter before Two, the Lord Chancellor, ac-
compaided by the Marquis Camden and Lord Glenlyon,
the mover and seeunder of the Address, the Duke of St.
Alban, the Earl of Shaftesbury, the Earl of Ellenbo-
rough, Earl Nelson, Lord Colchester, Lord Ilawarden,
Lord liedesdale, and other Noble Peers, proceeded with
the Address to the Palace.

tion, prohibiting parties from carrying on the business
of rectifying within a quarter of a mile in a direct line from
premises used in distilling, adding that when the Act was
passed the Messrs. Smiths were exempted on account of the
loss which they would otherwise cutler from the provision
with respect to the distance between a rectify-
ing house and a distillery. But no distiller at
the present day could set up a distillery within a
quarter of a mile of a rectifying house. With regard to
those persons whose premises were in existence at tie time
of the passing of the Act, it was to be observed that they
were within the benefit of the proviso, so long and
as long only as there was no way, .opening, or
other communication, by which any spirits could be
conveyed from the one to the. other, except by an
open carriage or waggon. The object of this regula-
tion must be apparent, when he stated that the premises of
rectifiers were not exposed to the same constant supervision
and visitation, on the part of the officers of the revenue, as
those of a distiller, and that the only charge which took
place in the case of a rectifier was, when the spirits were
permitted out to his customers. The premises of the
rectifier were closed from seven o'clock in the evening until
seven o'clock the next morning, and during that period no
officer could have access to them, except by permission of
the proprietor of the concern. It was obvious, therefore,
that if there were any communication concealed from
the officers, frauds to an enormous extent might
be committed. Now the charge which the Crown
preferred against Mr. George Smith was, that he had carried
on his business of a distiller within a quarter of a mile of his
brother's rectifying premises, in such a manner as to bring
hiwself within the penal clause of the Act, there being a com-
munication between the two sets of premises. The charge
brought against the defendant was grounded on the fact that
there had been a way or communication between his distillery
premises and the premises of his brother, the recitifier, by
which spirits.could be conveyed from tire one set of premises
to the other. The object of the Act was preventive and pro-
tective. It was not necessary that the officers of the revenue
should prove that the pipe had been used ; it was sufficient
to show that it might be used for the purpose
of conveying spirits. They could not show that
on; any partic .lar occasion spirits actually passed. The
stock of the distiller was only taken by the officer once a fort-
night. The premises of the rectifier were sealed against
him. During the night spirits might be clandestinely
conveyed while there was no person upon the premises
to watch the proceeding. This might be done
furtively, and so securely as to elude all observation.
He, therefore, at once charged the defendant, Mr. George
Smith, with having, according to the express terms of the
law, incurred the penalty of 500/. a week by carrying on his
distillery business within a quarter of a mile of the premises
of his brother, not being within the benefit of the pro-
viso of the Act to which he had referred, on account of
the open way or communication which existed between
them. The Learned Counsel then referred to the 15th
and 16th sections of the Act of Parliament, contending
that the term communication, as there used, applied
to a pipe connecting a distillery with a rectifying-house.
It was quite clear from the words of the Act, that by the
word " communication" the Legislature meant., among
other things, to include a pipe. Every word used in the
15th and 16th sections was applicable to pipes con-
necting different vessels and utensils with each other.
Here, then, he made his stand upon thi law. if lie
were right in the view he was presenting to the jury,
the case was made out against the defendant. But
now it might perhaps be said, that it was a harsh mea-
aure of justice to apply the penal provisions of this Act of
Parliament so stringently and so closely ; that to rest upon
the letter of the law was hard in any case, while in this it
would be overwhelming. He was not insensible to the feel-
ing that might be excited by this view of the case, and he
was anxious to remove any unfavourable impression which
might exist with regard to the proceedings instituted by the
Crown. Although he was not required to advance a single step
beyond the position which he had assumed, he was anxious
to satisfy the minds of the jury as to the propriety
of all that had been done in reference to that prosecution.
Mr. George Smith was carrying on his business under an en-
try of his premises made on the 15th of September, 1840. Ac-
cording to the provisions of the Act, besides the entry of the
place of business, and the utensils or vessels employed in it, it
was necessary to give a description or drawing of all the pipes
and all the branches of pipes upon the premises, and to point
out distinctly with what they communicated. The Learned
Counsel then referred to the 32d section of the Act
requiring this account. Mr. Smith's entry was accompanied,
not with a drawing showing the course of the pipes,
but with a written description of them. The Learned Coun-
sel then quoted the words of the entry, which stated at the
close that the use of the pipes referred to in it was to convey
the contents of the utensils with which they were connected,
and that the use of the said cocks attached to them was to open
or intercept, as occasion might requite, the communication
by means of the pipes. In order that the jury might un-
derstand his statement, he must shortly describe the process
of distillation. They were aware that the materials usually
employed in distillation in England were a mixture of malt
and grain. These materials, after being ground, were put
into a large vessel called the mash tub. Hot water was
poured into the mash tub for the purpose of infusion; and
then the mixture was stirred or mashed for the purpose of
etracting the saccharine matter by the action of the water
upon the grain and malt. When the infusion was
complete the result of it was drawn into a receptacle
called the under-vat. It then passed either into cooling vats,
exposed to the open air, or pipes immersed in cold water,
for the purpose of being cooled. From the frigerator it
passed into what were called wash-vats where the process of
fermentation began. Up, to that period the mixture was
known by the name of worts. In the wash-vats the
process of fermentation took place by the applica-
tion of yeast, or of a mixture which was known by the name
of harm. In the course of the fermentation, by the
decomposition of the saccharine and the deve-
lopment of the spirituous matter, ' the whole
liquid became attenuated in its specific gravity ;
and the first charge for duty took place at this stage of the
process. The Leari:ed Gentleman referred to the Act of
Parliament to show the mode in which the duty was
charged. When the fermentation was complete, and the
duty had been ascertained, the liquid was run into what was
called a wash-charger ; and then that part of the process,
which was called the brewing process, ended. From the wash-
charger the wash was conveyed to the still, and the apparatus
now generally used was called Coffee's apparatus. By the
Act of Parliament it was required that the spirit should be
conveyed in a close safe into the receiver ; and when
in the receiver the quantity of proof spirits was ascertained
and charged. For the protection of the revenue, there was in
the first place a notice given by the distiller of the working
gravity of his worts. Then there was the charge made after
the fermentation process, which was called the wash, or at-
tenuation ; and, lastly, there was the charge made when the
spirits were perfected and had been conveyed into the re-
ceiver. (The Learned Counsel then referred to a model which
was placed on the table in front of the bar of the whole of the
premises both of the distillery:and rectifying-house.) The
defendant had been permitted to use a trough for the Ata
veyance of wales from the liquor vats across the distillery
premises into the rectifying premises, near to the still heads,
which was an open trough, visible to the eye during the
greater part of its progress. That trough was ostensibly used
for the conveyance of water only ; whether it was used for
any other purpose the jury would presently be able to
judge. They would bear in mind that there was a
pipe communicating with the dwelling-house, the gra-
naries, and the stables. In the year 1842 a very
intelligent supervisor, named Drinkwater, was appointed
to this distillery, and his attention was early directed to the
state of the premises in general. The spirit receiver used on
the premises by Mr. George Smith was a vessel of the dia-
meter of 15 feet, and of the depth of 45 inches, and its ca-
pacity was about 4,000 gallons. Mr. Drinkwater, at a very
early period of his supervision, suspected that the drip of that
vessel had not been correctly taken. It frequently hap-
pened that in vessels used for such a purpose there were
inequalities at the bottom, or it might be that there was an
incline, and it was necessary to take that into account in
charging the duty. The drip was used to bring the
spirits to an assumed level. When Mr. Drinkwater came to
the premises, the drip of the spirit receiver had been taken at
260 gallons, and the dip of that drip at 4 7-10 inches. It
was quite obvious that if there was any mode of conveying
spirits which was not seen by the officer, he would be
baffled in his attempts to charge the duty. Mr. Drink-
water.determined to re-dip the vessel, and on doing so,
he diMivered that instead of the drip being 4 7-10 inches it
was only 4 6-10 inches, and although that difference might
appear trifling, yet on examination it would be seen that
there were in that way 330 gallons abstracted during a single
week, and that the defalcation in one year would amount to
2,0001. On the vessel being dripped a second time, another
tenth of an inch was gained. In the month of
March, 1844, two surveying examiners went to the
premises. These examiners discovered that the pump
used for the purpose of pumping up the spirits
from the receivers into the store vats was so loose, that
water could by that means be let down into the spirit re-
ceiver. They, therefore, directed that a revenue lock should
be put upon the pump. On this being done, the drip was
again taken, and the result was the discovery of two-tenths
of an inch more. It was remarkable that the stock agreed
perfectly with the charged spirits. Mr. Drinkwater was in-
duced to pay more minute astention to the proceedings
of the defendants, and he then disc vered a semi-
circular hole in the stop of the spirit receiver. He
mentioned this circumsiance to Mr. George Smith,
who exclaimed that that explained a statement made
to him in an anonymous letter, that there were parties
extracting spirits from his premises at three o'clock
in the afternoon. The Learned Counsel then proceeded to
state the particulars of the proceedings of Mr. Drinkwater in
pursuing his inquiries. There were ten periods. A strict watch
being kept on the 7th, it was discovered there was an excess
of 981 gallons over six previous periods, an excess of the
quantity of wort produced by the process. On the Bth the
defendant was left to himself; and there was a deficiency of
1,551 gallons less than that produced in the last period. In
the ninth and tenth periods a strict watch was again
kept, and in the ninth there was an excess of 1,709
gallons, the duty upon which was 669/., and in
the tenth, of 2,090 gallons, the duty upon which
was 818/. This led him to the very point of the inquiry
before the Court. He would show that there was a way by
:
Which these spirits could be conveyed so as to escape paying
duty, and the Excise would have been guilty of a gross
dereliction of duty if they had nut proceeded against the
defendant fur thia.gigantic fraud. On the 14th of October
last, Mr. Drinkwater, who had been searching to
discover what could have become of these spirits,
visited the rectifying-house, and he then observed
some water running from the end of a pipe in the distillery
to the still heads. He went into the distillery premises to
stop the cock of the pipes, which communicated with the
liquor vats, and in a very short time the running of the pipe
at the still had ceased. The officers of the Excise then
called upon both the Messrs. Smith upon the subject, and
expressed their determination to ascertain whether there were
any concealed pipes. For this purpose they 'had the ground
opened, and on this being done the course of the pipe was very
distinctly and clearly traced. It came down to a sink which
was opposite spirit vat No. 8. At the bottom of the pipe
over the sink there was a screw cock. The pipe then
returned and went through the distillery. The Learned Cou-
nsel then illustrated his meaning by referring to the model.
When they came to.the corner they discovered a pipe, which
ran off towards the rectifying premises, they discovered that
a communication had been made by means of a hole being
cut in the pipe and a branch pipe inserted there. The pipe
was then carried on by the side of the rectifying premises,
and was distributed among the various vats in the rectifying
store. Now this branch was not entered by Mr. George
Smith in any part of the description of the premises furnished
by him. He reoresentedto the officers that the pipe comma •
nicatihg ith the distillery was connected with the main of
tne East London Water IN orks—a statement which was ut-
terly untrue, ti.oegh it was a remarkable circumstance that
the two stts of pipes were almost side by side. And
! further, that this being a private pipe, laid down in 1836,
there were put on some of the cocks the initials of the East
London Water Works. It appeared on inquiry that
tire piping was laid down at the request of
the Messrs. Smith, in 1836, and he should be
prepared to show that they bad paid for it. Whatever
might be the intention, the Excise officers had not
the slightest notion 01 there being any under-ground
pipe conveying water, and capable of conveying any-
thing else from the distillery to the rectifying house.
Such being the case the officers were instructed to ascertain
whether it was possible to convey spirits from the rectifying

house to the distillery. They faint a groat variety of cocks
which might cut off the water, in every' direction. ey oaks
to Mr. Smith to know whether they might make
their experiments, to which Mr. Smith refined his consent.
They observed, however, that the cock of tire` ran: h over
the sink and the cock of the spirit vat, o. 8, were
nearly on a level. The officers proposed to t
hry an
experiment. They got a small tin pipe and put te end
into a tub of water, as a cyphon ; they stopped all the comica-
-
munication, and then, its they considered, the commun
tion was complete between the vat No. 8 in the
quence
distillery and the vat No. 17 in the rectifying house.
The result of the experiments tried in conse
of the discovery which had been made was, that by
ed
means of this communication there were convey
in one hour 658 gallons of proof spirits from the vat NO.
8 in the distillery to the vat No. 17 in the rectifying house.
This experiment was made by persons not experienced
of
passing spirits through water. pipes, and not as capable pl
passing it swiftly as those who, he thought, the jury would
now believe, were in the habit of doing so. Thsolveduced the
mystery—this accounted for the excess of spirits prod
above what appeared on the receiver. But it not for
was
passing spirits through this pipe tire present informations
were laid. Tire defendant was charued with having I,if)!ti
through which spirits could be passed, and it was not mould'2!
supposed that for any other purpose the defendant _
have rendered himself liable to such heavy penalties ,as the,
law h.d fixed. It showed in this very case the wisdom the "
the law in providing that persons in the business of _
defendant, should not supply themselves with the Ince
of transmitting spirits from the distillery to the rectiger!;
He could not conclude his address without expressing 11
surprise at the course of pleading adopted by the defends?,
The first count of the indictment charged the defendant "112:
carrying on a distillery within a quarter of ti,mile frlr,
rectifying house. To that he pleaded not guilty. B. it be
Smith ought to know that for the three years in which be
I been carrying on the business, he had been liable to
penalties, as hp would see upon referring to the deci:!..ion!:
the case of Start v. Smith, in the Ist Bramwell v. „Nolrat
page 194. He (dill Solicitor• General) had treapassedo
great length upon the time of the Court and the jur.v.'„uid
the importance of the case would be his apolegy. Ile "o'd ;
now call witnesses fo prove the facts which he bad gal!
and lie felt confident that the jury would devote full emote
tion to the case. He was sure that public Pei" was
silo
in their hands, and that they would apply the law ''" .
dace with impartiality and discernment.
(The case was proceeding when we went to press')