The Sun.
London, England, 1844-04-01 00:00:00

No. 3.

Throughout
Not again 1
Absent, 1 and 2 3O 30
Ditto 2
Govt. 1,2, 4, Ashley 3
Govt.. 2, Ashley 1,3, 4 —
Absent 1,2, Govt. 4, Ashley 3

The peCuliar votes were—
(Those to whom t is prefixed are Conservatives.)
Government—Nos. 1,2, and 4. Lord Ashley-3.
W. Aldam (Leeds)
Government—No. 2. Lord Ashley-1, 2, and 4. .
J. Collett (Athlone)
Absent-1 and 2. Ashley-3. Government-4.
f M. Archdall (Fermanagh)
W. Ewart (Dumfries)
J. Martin (Tewkesbury)
t G_Pahner (South Essex)
On the first division, and not again—
With Government. Lord Ashley,
Bellew, R. "M. Barclay, D.
1. Dick, Q. Bulkeley, Sir R. B. W.
t Master, T. W. C.- t Chapman, A.
Paget, Lord W. t Round, C. G.
Scrope, G. P. Sturt, IL C.
On the second division, and not again—
( Hastie, A.
On the third division, and not again—
t Jolliffe, Sir W. •
On the fourth division, and not again—
f Shirley, E. J. (Warwickshire) .
Absent on the second division_ only, otherwise uniformly
voting with—
Government (13)
t Fielden, W.
Hastie, A.
Langston, J. 11.
Leader, J. T.
t Mackenzie, T.
t Mildmav, 11. St. John
Neeld, Joseph
t Pollock,-Sir F.
t Reid, Sir J. R.
Tancred, H. W.
t Trench, Sir F.
t Vivian, J. E.
Wall, C. B.
Present on the first night,
voted with—
Government (12)
Bowring, Dr.
Dawson, Hon. T. V,
Dehnistoun, J.
1. Duffield, T.
Elphinstone, H.
Hobhouse, Hon. Sir J. C.
Hume, Joseph
t Manners, Lord J. C.
Norreys, Sir D. J.
t Owen, Sir J.
Pattison, J.
Shelburne, Lord

Lord Ashley (13)
Bannerman, A. •
Browne, Hon. W.
Dalrymple, Captain
t Douglas, Sir Howard
t Eaton, 11; J.
Hall, Sir B.
Hatton, Captain V.
t Marton, G.
t Miles, P. W. S.
1* Smith, Abel
Standish, C.
Staunton, Sir G. T.
t Stewart, John
Lbsent on the second,' but bad

Lord Ashley (23)
t •Astell, W.
/ Byng. Hon. G. S. .
f Cresswell, B.
• Duncozbe, Hon. H.
t Emlyn, Viscount
- t Gladstone, Captain J. N.
1- Goring, C.
t Grimston, Viscount
1 Hayes, Sir E.
Hope, Alexander
Legb; G. C.
t Lowther, J. IL
t Maxwell, Hon. J. P.
Murray, Alexander
.1. Newport, Viscount
Paget, Lord Alfred
t Pennant, Hon. Colonel
Russell, Lord John
Smith, Right Hon. R. V.
t Smollett, A.
•
t Trotter, J.
Vivian, J. H.
t Wortley, Hon. John •
►resent on the second.
%
Voted with Lord, Ashley (30).
t Adare, ViscOunt
t Adderley, C. B.
Aglionby, H. A.
t Baskerville, T. B. M.
Berkeley; Hon. (Ghtuees..\
Butler, Hon. Col:
Carew, Hon. R. S.
t Colvile, C. R.
Denison, W. J.
t D'lsraeli, B.
1 Douglas, J. D.
Egerton, Sir P. . •
Fell Owes, E.
Ferrand, W. B.
Fitzroy, Lord C.
Grosvenor, Lord It.
t Halford, Sir IT:
Heathcote, G. J.
t Hervey, Lord A.
Howard, Hon. E. (Mot-
. • • ptli)
f
Knight, F., W.
_'Macaulay, Rt. llon. T.B.
' Mienamara, Major
t Mordaunt, Sir J. - -
t Newdigate, C. N.
t Newry, Viscount • - ,
- - O'Connell, D.
O'Connell, M. J.
Scholefield, J.
Stanton, W. 11.

RAILWAY RETURNS.

•
We extract from the Railway Magazine the sums
received on the principal Railways of Great Britain for
the week ending on the day of the month prefiked to
each; The return includes the money received for
passengers, parcels, carriages, horses, mails, and mer-
chandise:—
Week Name of Railway. Total;
ended - X. s. ' 1
Mar. 23 Arbroath and Forfar • 118 4 5i
23 Birmingham and Derby Junction 1,279 5 11
22 Birmingham and Gloucester - 1,988 3 2
23 Brandling Junction - 755 6 10
22 Chester and Birkenhead 356 8 6
26 Dublin and Kingstown 646 12 4
24 Dundee and Arbroath ' 214 .6 2i
23 Durham and Sunderland 519 5 11 .
23 Edinburgh and Glasgow 1,982 5 0
24 Eastern Counties and North Eastern 3,331 10 11
23 Glasgow, Kilmarnock, and Ayr 1,228 18 11
23 Glasgow and Greenock 651 11 4
23' Grand Junction 6,651 19 0
23 Great North of England 1,253 6 8
24 Great Western • • . 12,030 14 :6
22 Liverpool and Manchester
23 London and Birmingham
14,190 2 1
28 London and Blackwall .
629 5 7
23 London and Brighton
27 London and Croydon -. • 215 -12 14
28 London and Greenwich 687 1 7-
24 London and South Western .......
21 Manchester, Bolton and Bury 739 6 11i
23 Manchester and Birmingham 2,828 8 9
23 Manchester, Leeds, and Hull Assoc 5,383 2 10
23 Midland Counties
23 Newcastle and Carlisle 1,415 14 2
24 Newcastle and North Shields 3lB 11 11
23 North Midland 4,047 7 0
22 North Union and Bolton and Preston 1,113 19 9
19 Paris and Orleans 4,215 13 6
25 ParisPand Rouen 3,925 '0 0
23 Preston and Wyre 238 12 ' 4
23 Shiaeld *and Manchester 469 8 1
28 South Eastern
23 Taff Vale
24 Ulster ,p2o 8 2
23 York and North Midland

At the. expense of consistency, they :denounced
the very.. policy .on which they now find • them-
selves compelled to act, and opposed the very
measures which, with scarcely any variation, they
have brought forward as a Government! Had
this conduct been imitated by Lord John Russell,
and the party which recognises his Lordship as their
leader in Parliament, Sir Robert Peel would on
more than one occasion have seen the incon-
venience of sacrificing principle to expediency,
and would have deplored the provocation to ob•
struction which he had • supplied to his poli-
tical opponents. A more worthy and dig-
nified policy has been pursued by the Liberals,
as a body. . Lord John Russell has not merely de-
clined to make himself a party to factious obstruction
—has not merely refused to confer the sanction of his
silence upon a course which (though permitted by
the • forms of Parliament, as the last resource
for constitutionally obtaining a redress of grievances
from a tyrant majority in Parliament) can only
be justified by extreme circumstances, such as
do .not, • happily, now 'exist—he has strongly repu-
diated the course taken by Mr. S. Crawford, and those
Members who have united with him in preventing
the House from going into Committee of Sup-
ply.
Indeed, wherever the manifest object has
been obstruction, and not fair and open discus-
sion, the Opposition, as a body, has kept aloof.
They have thus given a dignified reproof to the con,
duct of the members of the existing. Govern-
ment, and its supporters, when in opposition. •
They have also shown that the public interests, and. '
not personal motives, have actuated their Parliamen-
tary course. Whence, then, the humiliating position
of the " strong Government ?" Either the measures
of Ministers have been such as were ill-adapted to the
wants, and in antagonism to the opinion of the country;
or those who entered Parliament as their supporters'
have withdrawn their confidence, and either refuse
their support, or positively propose " amendments",
on the measures brought forward on the responsibility
of the Government. Sir James Graham's Factory
Education Bill of last session was of the former -de-
scription. The introduction. of that Bill raised a
storm of opposition, which increased in strength until
the measure, after several attempts to modify and
amend its proposed scheme for educating the peo-
ple, was withdrawn, as the only means of allaying
the excitement it! had produced throughout the coun-
try. The Members on-whom the Government relied
for support, in carrying their Bill through the House
of Commons, were compelled, by the strongly declared
sentiments of their constituents, to intimate that
they could , not vote for the Government measure.
How utterly ignorant of the state of public feeling on
the subject of education must the Government hate
been, when.: they supposed they should be able to
consign the youth of the factory districts to the
predominant superintendence of the national
clergy, for the purposes of education ! They
tried 'the experiment—they persisted in press-
ing their *measure' to the last moment of hope—
and then dropped •if, under all the humiliation of an
ignooiniouS defeat ! The Factory Bill of the pre-
: sent,_.sessiOn. has been equally unfortunate to the
rgpatation. of the Government for Parliamentary
strength. .The Ministerial defeats successively sus-
tained on the twelve hours'•• clause, though not
lowed up by Lord Ashley as they might have
been, have shown the lack of that cordial support
which is essential to the efficiency and stability of an
administration. The Cabinet was at the feet of
Lord Ashley. Though he has declined to•preSs his
advantage to the extent of breaking up the " strong
Govetnnienf," he has shaken its 'hold upon public
confidence, and destroyed the prostige which is an
element of strength.
GLOBE.—The County Courts Bill—which- had
been delayed until hope of its appearance had almost
become,extinct—was last evening introduced to the
' House of Commons by Sir James Graham. The
more, easy recovery of small demands—whether of
the, nature of simple-contract debts ; or of
.clarnagcs
for trespass against the person or property of 'the
claimant ; or for the unlawful holding of pro-
perty, rendering the party liable-to an action of
trover—are proposed
,to be brought' within the juris-
diction created. _by the. Bill, should it pass into
a law. The County Courts (sometimes called the
Freeholders' Cotrts) are' among the most ancient
Courts Of the realm ; but they .partake of the de-
fecta_Whieb tithe, and the changed condition of so-
ciety, necessarily create in ancient institutions. No
limitation exists as to the amount for which a per-
sonal action may be brought in them; a writ of
justiciei is therefore issued to' remove actions from
their jurisdictien into the superior. Courts 'in West-
Minster-hall. While the practice of the superior
COurts has been re•-modelled and their machinery
simplified, in accordance with the recommendations
Of the report of the Common-law Committee in
1839, the county courts remained unimproved. This
abstinence from• interfering with their constitution,
probably arose from .an anticipation that they
Would undergo a complete remodelling by Parlia-
tnentary enactment, with a view to simplifying
their operations and extending their jurisdiction.
So far as we have been able to examine the Bill
now introduced; it appears to be adapted to the ob-
jects proposed to be effected by its means. , The claim
is to be limited to 151., the subject-matter of the
jurisdiction we hitie already described: in the case of
small debts the writ of summons must be issued at
least seven days. previous to the day of trial :
either party may demand a jury, which is to be com-
posed of 'five : the Court may order the debt to be
paid by instalments : execution to issue against either
the body or g00d..4 -of . the defendant. Upon giving
proper securities, either party may remove the case
into a superior Court; and also obtain a new trial,
on the same conditions. 'Cases for the recovery of
possession of premises, in which two magistrates
have now the power to interfere, are to be trans-
ferred to the Judge of the Court. In cases of debt,
the Court. is empowered .to examine either, or both,
the parties; with the view to the discovery of the
truth relating to the matter in issue. The brief
outline we have given of the leading features of the
proposed measure will" serve to show that, if passed,
it will lie a great boon to the poorer classes of arti-
ians, small tradesmen, and shopkeepers, who will be
enabled to prosecute their claims fur debts or injuries
under 151, without.the apprehension of being ruined
by the expense, or worn down by the law's delay--tha
dread of which has often induced them to submit, to

the loss of the debt, or to sit down under the injury,
rather than encounter the greater loss in the shape
of costs, and the uncertainty with which the issue,
caused by the protraction of the proceedings, hai been
involved. The measure will also place the whole
kingdom on the same footing with respect to these
advantages. The principal cities and towns have
already availed themselves of the Act of 1839.
About forty of them have applied for, and obtained
Acts for the erection of local courts, in which debts

under 151. are recoverable by a cheap and easy process.
Mr. Hawes made an oliservation of great practical im-
portance, and' which will well deserve the careful con-
sideration of the House when in committee on' the

clause to which it relates. The Bill gives power to
issue execution 'against the person of the debtor. The
operation of this power, invested in the Courts of Re-
quest, has given rise to serious oppression, and in-
flicted heavy burdens on the county rates. The Acts
under which these Courts were created apportion im-
prisonment in the county prison, for default of pay-
ment, at the rate of is. per day for the amount of tl.e
debt and costs. The persons who are subjected

to this imprisonment are; we need hardly sad•, the
poorest of the poor. They are maintained while
in...prison at the cost of, the county, and thus

inflict upon the county-rate payers an amount of
costs for their maintenance and safe custody, more
than double the amount of debt for which they are
confined. Mr. Hawes remarked—"lt had been re-

commended by a Committee which sat some years
ago, that, all persons proceeded against for debts
beIoW certain 'amount .sliould be. liable to an

SPIRIT .9f,tllQ.- PUBLIC JOURNALS. execution against their goods. He always thought
GLOBE.—The, strong Government, which was. that some.. general provision should be made on
to, have everything its own way—whose measures, that point..Re: ShOdld- call "attention to this point
conceived in wisdom, were to be brought forth in tri- when the Bill came regularly under the eon-
umph, cuts rather a sorry figure in both Houses. sideration of the House. He hoped that those.
With a majority of upwards of 90 in the local Acts, which enacted so many days to liqui-
Commons, and a subservient peerage prepared to date a debt, would be taken into consideration,•
vote at the nod of Wellington or at the wink as he was quite sure it would not only effect a.
of Lyndhurst, the present Ministers seem •as Inca- saving in the county-rates, " but also put an end
pable of getting onward with the public business of to the enormous misery so frequently suffered by
the country as those they obstructed, and eventually families being broken up in consequence of the irn-
overthrew, The " dead lock" to which the party prisonment of the head." The - great. objection to
now in power boasted they were able to bring legis- limiting by law the remedy of the creditor to -the
hition—so strong were they as' an opp6sition—seems goods of his debtor, consists in the difficulty of "iSeer-
likely. to be , produced now they are placed in the taining shether " the poor per Son who applies-'for
Government, with a large majority at their back. credit has furniture, or. any other description of goods,
. This difference is, however,_ perceptible in their properly his own property, so as to be available to meet
position, and that in which their predecessors were the process of the Court. sirJ, Graham reuia-iked
placed. • The embarrassments of the late Government; "If to have ereditwas advantageous to thepoor (of which
• were created by their factious opponents, who ob he was not .quite Convinced).he was very much afraid .
structed .the Government fur the purposes of party ; that unless there was a remedy against the person, credit
the difficulties of the present. Government have been would be stopped." • If-imprisonment could be ren-
either produced by themselves, or ha've emanated dered of any advantage to the creditor, in such eases,
from the ranks of their professed adherents. On by obtaining for him the payment of his claim, there
more than one debate and division on the tariff, would be some reason for depriving the debtor of:his
the present Ministry was saved from defeat by liberty. But this is impossible. The trader has the
the generous aid afforded to them, in the time remedy in his own hands. Where there are not
of their extremity, by the Opposition. !A jam- visible means 'of payment, lie can refuse credit.
tion of the Opposition with the mal-contents of If he thinks there are, and is deceived by ap-
the ministerial benches would have left Sir Robert pearances, he had better regard it as a bad debt, and
Peel in a minority on questionsof vital importance to forego his claim, than pursue his debt for the mere
his govermicent. This might have been justified on the purpose of incarcerating his person, and thus break
principle of retaliation.: Precedents might easily have up his family, compel them to seek refuge in the
been found in the policy of Sir Robert Peel, on va- workhouse at the expense of the parish, while the
rious occasions, as leader a the Opposition. On the man himself is maintained out of the county-rate.
Jamaica question—on the Education scheme—on the Let false-pretence, for the purpose of obtaining credit,
war with China—and on several other questions, the be punished as a fraud; but where a trifling amount
Conservatives determined to embarrass, if not to sub- of debt has been incurred, as a simple contract be-
vert, the Ministry. Led by the Premier and his yet tween the parties, and there is no property upon
more factious and furious coadjutors, and acting which. to levy execution, the practice of imprisonment
upon the obstructive policy. avowed by Lord Stanley, is, to say the least of it, extremely impolitic, if it be
the Conservatives, as a body, united on various occa- not unnecessarily severe.
sions with the-Ultra-Radical section of the Liberals: STANDARD.—A curious difference of opinion
. . . .

was last night exhibited on the Opposition side of
the House of Lords. • The Marquis of Clanri-
carde explained that in presenting a petition
from Ireland of which he had given no-
tice .for this night, he would abstain from
offering any remarks—chiefly from the considera-
tion that as a writ of error, which would come
before the House in its judicial character, was threat-
ened by the parties convicted at the late State trials,
the House ought not to • enter into any discussion
calculated to lead to an extra judicial decision in the
case. Lord. Clanricarde •is clearly right as far as
he goes ; but, perhaps, he ought to' go further. If
the petition to be introduced to-night has any refer-
ence to the late trials, it ought to be withheld until
the writ of error shall be &opposed of, for courts of
justice are properly careful to exclude suggestions,
from whomsoever proceeding, upon the subjects about
to come regularly before them. What would Lord
Denman say of a Chartist petition presented to
the Court of Queen's Bench, suggesting the course
that ought- to be pursued with reference to the- trial
of a number of persons accused of conspiracy, or
convicted, and waiting for judgment, as the case
might be ? Would he not commit the petitioners, or
at least the persons guilty of the indecency of
placing such a petition in his hands ? The double
capacity in which the House of Lords acts, no
doubt, forbids such severity on its part ; because
petitioners- may :be easily enough mistaken as
to the -character in which that Assemby receives
petitions, but Members of the House ought to re-
member the distinction, and, as we think, to withhold
all petitions touching matters in which the House is
likely, to be called to act judicially. The Marquis of
Clanricarde has probably not thoroughly considered
the subject, for it is quite plain from the forbearance
which his Lordship observes so far, that he is desirous
to offer all respect to the administration ofjustice. What
however, is to be said of the course menaced,
by the Marquis of Lansdowne, who, notwith-
standing the excellent example of Lord . Clanri-
carde—notwithstanding the strong remonstrance of
Lord Brougham—notwithstanding the volunteer
proffer by •the Government, of all the papers for
which he proposes to move, declares that he will
persist in his purpose of making a speech upon
that very topic—the construction of Irish juries in
criminal cases—which is universally known to be
the basis of the writ of error
_upon which, within a
few weeks, his Lordship may be called to decide as
a judge ? The Noble Marquis, indeed, promises that
he will make no allusion -to the late State trials ; but
then, he says, the question presses so much that
.he
cannot wait until the writ of error, if auy be brought;
arising out of these trials, shall be disposed of.
But why, if his Lordship's speech is to have no re-
ference to the late trials, is he, at this particular
moment, pressed to make it ?—why was not the
Speech made last
.year, or the. year before ?—or
why will it not keep till the month of May ?
These are questions that we confess ourselves unable
to answer; but they are questions- to which we think
Lord Lansdowne is bound to reply.
.STANDARD.—For forty years the Whig party
has been essentially a persecuting party—we use the
phrase in a strict sense, as describing a party
mean and malignant enough to hunt out indi-
viduals frequently very Inniible and obscure
individuals against whom to- direct the whole
power of the party; be it much or little, for the
purpose of injuring or destroying the selected victim.
The - only opportunity of indulging the persecuting
disposition, hoWever, arises when the person to be in-
jured happens to be promoted or otherwise favoured
by the advisers of the Crown, for happily, in social
life,. party has no poWer, and this opportunity has
the recommendation; that persecutors may invest
themselves with pretences of care for the public
good, 'and indulge their spite under the cloak
of patriotism. The memory of most readers will
Supply numerous instances- in which the Whigs
have resorted to the expedient, hut we challenge
a single example of a recourse to it. on the part
of Tories or Conservatives. And let us remark
by the way, that this contrast alone decides- the
Cuestion which party is composed of • gentle-
men—generous men, and men of honour—and
which Is not. The Whigs •attack the individual,
no :matter how humble his rank—no matter how
fatal the attack may be to the interests of
an innocent and meritorious man •and to the
living of his family ; and in this way they
have directly ruined many better. "men than
themselves, and indirectly ruined more by
rendering it intolerably • embarrassing, if not
impossible, for the. opposite party to pay their
debts to their most zealous and useful, who are
always their least discreet and most .uncbm,
promising,- friends. A Tory or Conservative Go-
vernment might anfely confer patronage upon a
Worthlesi lukewarm hanger-on, but woe be to it
if it should dare to aid a bold and efficient friend—
a motion in Parliament would be the inevitable
consequence ; and to men overworked, as Ministers
are Overworked, such a casual addition to their toil is
`no light matter. This has, however, one good effect,
that a Conservative Government will find its more
prominent supporters only in men of.independent minds.
The Conservative party, on the other hand, scorns
to strike -at individuals. Its Adversaries, when in
power, are free to promote whom it shall please them,
except they insult the public by offering -to notice
some one marked with a stigma as- scandalous as the
executioner's brand. We again challenge an instance
in which a Tory Or Conservative has ever complained
Of the appointment to office of any man of generally
fair character; solely on the ground of his political
opinions. . •

POLICE INTELLIGENCE.
(SATURDAY.)
CITY POLICE COMMITTER.

Mr. W. Timbrell, proprietor of the Goldsmiths' Arms,
Albion-buildings, Bartholomew-close, attended, in com-
pany with Mr. Thneombe, the solicitor, to answer a
summons forunlawfully allowing his house to be open
on Sunday morning last during Divine service, to -which-
he pleadecl. Not Guilty.
The Magistrates prusent were Mr. Alderman Cope-
land, M.P:'; Mr. Alderman Kelly, Mr. Alderman Gibbs,
Mr. Alderman T. Wood, and Mr. Alderman J. Johnson.
The statement of the police-constables examined was
to the effect that, on Sunday morning last, shortly be
foie twelve o'clock, they went to the Goldsmiths' Arms,
and saw five persons standing in front of the bar counter,
and found several pewter pots hid under a form, which
evidently had contained: beer.

After'a lengthened.cross- exam ination, Mr. Duncombe,
on the part of the• defence, said his client had been
summoned for " opening his house on Sunday morning
p for the • sale of spirits," &c., which not having been
proved, he subm;tted . there was no case, and that Mr.
Timbrell ought to be discharged. The mere stilt of
pots in a suspicious position did not constitute the proof
of serving. If it did it much resembled an old anecdote,
which he had very oftei& related, where a horse's collar
was found under a patient's bed, the physician who
attended concluded that he had eaten the horse.
Mr. Alderman COPELAND said that the Bench was of
opinion that the officers had clearly proved .the case.
Mr. liuneombe—Then, Sir, my instructions are, that
the • persons seen by the officers were overseers of the
parish, who had met there to discuss some parochial
business.

Mr. Alderman COPELAND —What 1 Overseers meet
on a Sunday for parish business.,—(A laugh.) Mr.liun-
combe—Yes, to be sure, Sir ; the better the day the
better the deed.—(Muc:l laughter.) I and a great many
others are compelled to do a good deal of businesS on a
Sunday.—(lncreased laughter.)
Mr. Alderman COPELAND—WeII, let's have the-over-
seers and hear what they say,!—Mr. Duncombe re-
gretted that they were not in attendance. He (Mr: Dun-
combe) had but a few moments before entering the Court
received his instructions to attend the case, other-
wise they should have been brought forward.
Mr. Alderman COPELAND—WeII, we will postpone our
decision until next Saturday) for their attendance.—
Mr. Duncombe (after consulting with the defendant) said
it was the wish of Mr. Timbrell for the case to be set-
tled then, for it would not only save him (Mr. Timbrell)
much trouble and expense, but prevent his (Mr. Dun,'