The Sun.
London, England, 1845-02-25 00:00:00

TRH: SUN, LONDON, TUESDAY EVENIriG, FEBRUARY 25, 1845.

THE WEATHER.—SIIN OFFICE, FEB. 25.
CHBRMOMETER, Lowest, 30 ; Highest, 38 ; Noon, 43.
BAROMETER, 30.20.—W1ND, E.
Nont.—The figures which follow the words "Lowest" and
" Highest" denote the lowest and highest state of the
thermometer during the preceding twenty-four hours. All
:he other observations are made at noon.

HIGH WATER AT LONDON-BRIDGE THIS DAY.
Morning .. 48 minutes after 8 1 Evening .. 5 minutes after 4.

of a plea of official responsibilities and duties,

under an obscure existing enactment, and Sir ROBERT
PEEL'S cool assumption that his Government has
already been acquitted by the finding of the Secret Se-
lect Committee—these were not, as one of our ablest
Contemporaries seems to imagine, the real causes of the
triumphant disposal of the Post-office question by the
majority in question in favour of Ministers. It is impos-
sible that so broad a question of constitutional principle,
of political, nay, of social morality, could have been
thus dishonoured in any popular assembly, where the re-
presentatives of the people had honestly determined to dis-
charge their duty. The party accused, the Home Secretary,
admitted his offence, and justified it by (1) the autho-
rity we have just quoted ; (2) by the precedents of
former official practice in his department. The Premier
and his friends relied on both defences, and twitted the
members of the ex-Government with having resorted,
when in power, to the same courses. This latter fact
could not be got over. Lord JohN RUSSELL and his
friends wore hampered by it ; and some, who felt its
pressure most painfully, actually concurred with their
political antagonists in speaking, as well as voting, the
case brought forward by the Member for Finsbury out of
court. Now, here is the secret ofthe premeditated dilemma
into which Mr. DUNCOMBE has been driven, it is hoped, by
his motion of to-night. here is the evil, so common to
all cases where evil is committed that good may come of
it. There were great names to justify, by example,
gross malpractices. But there was also one way, and
but one, in which the owners of those names might have
mitigated the mischief they had committed, by sanc-
tioning those malpractices. They might have con-
fessed to the facts imputed, expressed their regret for
them, and emphatically united in a declaratory vote to
prevent their recurrence in future. Our affections, inter-
ests, opinions, as we have repeatedly declared, are
cherished, engaged, or entertained for measures, not
men. How large a proportion of the House of Commons
majority must have voted solely out of consideration
for the men implicated, not from any conscientious judg-
ment upon their measures? The result has been this—
that the House of Commons has justified the most
atrocious and felonious tampering, on the part of a
public functionary, with the private correspondence
confided, on the faith of public honour, to the custody of
one of the State departments of the Executive, in order
that, by the condemnation of an unpopular Minister, his
more popular predecessors in the same office may not also
be liable to the same condemnation. Therefore the
offender is " assoiled" from his great offence. One
moral obliquity in public, as in private life, is sure to
generate another. The Liberal party, who are so for-
ward to attend all public meetings in all public places, on
economic and other questions, and to contribute their
best abilities to the lucid exposition of sound principles
in reference to them, are silent, profoundly silent,
almost to a man, on a matter of the highest constitutional
importance. The reason is too obvious and palpable.
Bet they must abandon, in such exigencies, the timidity
of considerations founded on mere personal delicacy.
Letter-breaking must be denounced, disowned, put
down, whether the crime be perpetrated by Whig, Ra-
dical, or Tory. Yet what has been done with regard to
Mr. DUNCOMBE. Sir JAMES GRAHAM will not answer
to the question whether he has broken open, or autho-
rised the breaking open, of Mr. DUNCOMBE'S letters,
aye or no? He will not say whether a warrant was
issued for such a purpose,—aye or no? Mr. DUNCOMBE
is thus reduced to the necessity of moving that certain
parties be called to the bar of the House of Commons in
order to be examined, with a view to elicit the information
thus withheld by Sir J. GRAHAM and the Government.
The Minister, and one or two sycophantic journals who
espouse his conduct and all the acts of his Government,
endeavour to prejudge the decision of the House, and
to prejudice Mr. DUNCoSiBE'S case, by saying
that that gentleman is now occupying the time and at-
tention of the House, not in the endeavour to assert a
great constitutional question, but on a matter purely per-
sonal, affecting only himself. We grieve to say, we fear
that not a few of Mr. DUNCOMBE'S political associates,
by silence, authorise this gross delusion, this most
unfair imputation, this pitiful quibble, devised to get
rid of the discharge of a high public duty. The
mode in which alone the matter can now be
brought on before the Commons was not of Mr.
DUCOMBE'S seeking, but as the result of a necessity they
have created. The question is still the same—not per-
sonal to Mr. DUNCOMBE merely, whose complaint as to
his own letters is a mere corroborative incident—but a
great question involving the honour of the Govern-
ment, which is something; the honour of the national
character, which is something more. We warn the
trimming, compromising Members of all parties, that
they must on this question take a clear and
decided course. The public cannot be de-
ceived ; its representatives must do their duty. It
verily can be no reason that Mr. DtixcomnE should not
be satisfied to urge that the wrongs of M. MAZZINI and
others remain unredressed, though acknowledged in
Parliament. No Member professing to represent popular
feeling or opinion can, on this occasion, segregate him-
, self from the body of those who will put their vote on
record with a distinct reason for it. No Member may
hope to escape from his responsibility, on this occasion,
to the tribunal of public opinion.

Madrid journals of the 17th have been received, but
they bring no intelligence of the reported arrests at Vit-
toria, nor is any allusion made to them in the telegraphic
dispatch received by the French Government from Ma-
drid, dated the 19th inst. In the Cortes, General NAR-
VIEZ stated, in answer to a question from Senor CAR-
RASCO, that the Bill for the restoration of Church pro-
perty had no reference to those in actual possession, and
the rights of purchasers would be religiously preserved.
The Bill contains only the following clause :—" The
property of the regular clergy remaining for sale, and
of which the sale had been suspended by royal ordon-
nance of the 26th July, 1844, shall return to the said
clergy."
The Three per Cents. closed on the 17th at 33 for
h ; and the Five per Cents.
at
at s2ist andfo 3
for
c 3 9-16 a
ash,andt
2640 i dyaat6so days.

The following telegraphic dispatch was receivod by the
French Government on Sunday

" MADRID, FEB. 19.
"The affairs of Sweden and Denmark, with Morocco, have
been arranged by the mediation of France and Great Britain.
"The Emperor has renounced the tribute.
" The Danish and Swedish Consuls returned to Tangiers on
the 14th inst."

The affair of Morocco has so far been productive 'of
good, and thus rescued these northern powers from the
disgrace of being tributaries to pirates.
There is nothing of interest in the Paris papers. A
wonderful calm has succeeded the vote on the Secret
Service Money Bill. The Ministerial journals appear
satisfied with the result, while those of the Opposition
announce their resolution to fight to the last, and to de-
nounce all backsliders from the party. Desertion, it
would seem, is dreaded by M. TRIERS and his friends.
"Everybody," says the Constitbtionnel, "is convinced
that the Ministry's position is untenable, and that it is
impossible they can maintain themselves much longer in
the equivocal situation they have been placed in by the
successive votes of the Chambers. A determination has,
therefore, been come to to continue the struggle on all
important questions. The Opposition are sensible that,
under present circumstances, nothing ought to prevent
them from regularly attending the sittings. They have,
in consequence, agreed that the names of such Depu-
ties as may not be punctual shall be published in the
newspapers."
The accounts from Switzerland, in these papers,
add little to the previous news. A letter from Berne
of the 19th mentions the arrival in that town of the
POPE'S Nuncio. He is represented to have come in
order to confer with the French Ambassador, and to
urge an armed intervention of France, in conjunction
with the other great Powers. Letters from Lacerne of
the 18th state that six battalions had been organised
for the defence of the Government. The church of the
Jesuits was turned into an arsenal, and consequently
public worship was suspended.
The French Funds were rather flat on Sunday. At
TORTONI'S the Three per Cents. were quoted at 84f. 95c.

THIS DAY'S NEWS.

HOUSE OF LORDS-(THIS DAY:
The House sat to-day to hear appeals. The Peers present
were the Lord Chancellor, Lord Brougham, and Lord Camp.
bell.

RICKA.RDS V. THE ATTORNEY-GENERAL.
The arguments in this appeal occupied their Lordships th
whole morning.

VICE-CHANCERY.--(THIS DAY.)
No case of importance came before any of the Vice.
Chancellors to-day.

QUEEN'S BENCH.-(THIS DAY.)
(Sittings at Nisi Prius, before the LORD CHIEF JUSTICE and

a special jury.)
THE (WENN V. DOUGLAS.
This case, which is an information filed against the de-
fendant at the instance of the East India Company, whose
servant he was, for having received large sums of money from
the Raja of Tanjore, where he was Resident, was resumed
this morning by the reading of the documents and evidence
which came from India. This evidence was written on con-
tinuous slips of parchment, and seemed to be enly less lengthy
than the indictment in the case of the State trials. Its read-
ing occupied the Court up to the time of our.going to press.

EXCHEQUER........(THIS DAY.)
(Sittings at Nisi Priu.s, before Sir F. POLLOCK and a special

iurY.)
The Court was engaged all day with a part-heard case, in
which a gentlemannamed DebileY was Plaintiff' and a Mr.

Craig, Boston ; Naid, Cape de Verds ; Dart, Madeira ; Mary
Miller, Valparaiso ; Isabella, St. Domingo. Put back,
British Merchant, for Mobile.
RAMSGATE, FEB. 24.—The Edmund, Pear, from New-
castle to Limerick, and the Jolla, Holland, from Shoreham,
were in contact last night in the Downs. The former has
put in here to refit, the latter proceeded. The Haime, from
Messina to Copenhagen, has been brought in here, with loss
of rudder.
PORTSMOUTH, FEB. 24. —Wind W.N.W. to N.N.W.—Arrd.
her Majesty's ship Belvidere, Malta.
COWES, FEB. 24.--Wind N.N.W.—Arrd. Snelheed, Kamp,
Rio; Sylphden, Elligers, Bahia; Anna and Emily, Porter,
Sierra Leone, with loss of mainmast, sails, &c,
PLYMOUTH, FEB. 24.—Wind N.N.W.—Arrd. Agnes,
Oporto for London, leaky.
ICHABOE, DEC. 25.—Arrd. her Majesty's steamer Thun-
derbolt, Cape of Good Hope About twenty labourers were
killed here yesterday, owing to a slip of a guano pit.
FALMOUTH, FEB. 24.—Wind moderate.—Arrd. Acapulco,
Harrison, Pernambuco for Stettin, with damage ; James,
Reid, Aux Cayes, 15th ult.
MILFORD, FEB. 23.—Arrcl. Mary Isabella, Liverpool for
Waterford, leaky, having struck on Blackwater Bank.
SWANSEA, FEB. 23.—Arrd. Cubana, Wilson; Helen Mary,
Smith; and SaApepta, Stephens, Cuba.
GLOUCESTER, FEB. 23.—Arrd. Briton, Lightfoot, St.
John's, New Brunswick.
CARDIFF, FEB. 24.—The Baltic, M‘Donald, hence to Eye-
mouth, has put back to Penarth Roads leaky, and will have
to discharge for repairs.
FOWEY, FEB. 23.—The Vigo, Davis, from Weymouth to
Gloucester, has put in here with pumps choked, and must
discharge.
LIVERPOOL, FEB. 24.—Wind W.N.W., moderate.—Arrd.
London, Nichol, Queen of England, Fothers, and Harrison
Chilton, Markham, Calcutta ; Earl of Durham, Dixon, Ma-
dras; Emma, Hartley,. and Wild Irish Girl, Graham, Bom-
bay ; Governor, Cape of Good Hope ; Dryope and Integrity,
Ichaboe ; Mary Muir, Williams, Valparaiso; Celt, Punta
Arenas ; Ida, Tolfer, Antigua ; London and Oregon, New
Orleans; Elizabeth Denison, Isaac Newton, and Iris E.
Rowell, Mobile ; Tallahassee, Apalachicola; Cambridge,
New York; British Queen, St. John's, New Brunswick. Sld.
Friendship, Bermuda. Off, Bother Africa ; Safeguard, —.
OFF CORK, FEB. 22.—Rhoda, Ichaboe ; Shannon, Hon-
duras.

MPERIAL PARLIAMENT.

(THIS DAY.)

HOUSE OF COMMONS.

The Committee on private Bills sat to-day at Twelve o'clock.
COMPANIES CLAUSES BILL.
Lord G. SOMERSET moved the order of the day for re-
ceiving the report on this Bill.
Mr. HAWES wished to know if the amendments proposed
in the Bill had been made ?
Lord G. SOMERSET said they had. His reason for now
moving the further consideration of the Bill, was in order
that it might be reprinted in its amended form. He would
move that it be re•committed on Thursday, pro forma.—
Agreed to.
RAILWAY COMPANIES CONSOLIDATION BILL.
Lord G. SOMERSET moved the further consideration of
this Bill.
Clauses one to four, inclusive, were read and agreed to
without observation.
Clause five was omitted.

Forinstance, a manmight build ahouse commanding a telld
over the distant. country. A railway embankment was Tel'
above the level of the original line, and immediately the has!
was shut out both from prospect and air. The house whicie,
before was worth 2001. a year, would now be hardly wort.-
half that sum. Again, he conceived that if there were
to be appeals,
railway companies, for it was an utter im
the onus of proof ought to lie* on the
for a small landed proprieto, who resided onrshuibniPeld
or two hundred miles from London, to come all that distance
and be at the expense of bringing his witnesses, and keeP,
B 1
t"
ing them here during the delay of the railway t."),
en
t,
a Committee. He hoped, however, et.
would not conclude this point at the present inom,,
but would maturely consider it, and when it was conclude':
be
they would substitute the words, which the Hon. meal:,
for Plymouth had taken from him, " prejudicially affected
for "lying near."
Mr. ENTWISLE said that he thought the constitutio.n
of appeals to the Board of Trade was good for the railw).g
themselves. By that means they were saved from falli
nto the hands of an attorney, who hurried there
i
into „litigation and disputes, for the sake of runnieg
up a bill. For these reasons he thought this cola°
of appeal would be better for the companies themselve`;
The Hon. Member for Cockermouth thought that the prese;;
wording of the clause limited the facility of appeal, aud• a.
(Mr. Entwisle) entirely agreed with him in the observatetio
Lord G. SOMERSET would make no opposition to
recommendation of the Hon. Member for Cockerrnouth. the
Mr. HAWES objected to the jurisdiction given bY,
present clause to the Board of Trade. He thought that
present not to extend the powers of an irresponsiblehs
bunal. The Board of 'trade was a secret tribunal, arid
quitet d objected to its constitution. ac O
„et
ber
Lo G. SOMERSET said that if the lion.
would mention any other court which would better aus"bi
the purpose than that of the Board of Trade, he should-,
very happy to give his best consideration toe 16
but at present he was giving, by this ref,.
an opportunity of appeal to those who felt them'
selves aggrieved by the encroachments of any rel; use
line, which they did not before possess. Although theta to
gate powers to the Board of Trade to decide appeals t
it
kind, he did not at all agree with the Hon. Member, Oa
wculd be a setting aside of the courts of law.
Mr. FOX MAULE said that, though there could 11...,..°t Mad
any men better or more honourable than these who fe...lbis
the Board of Trade, yet, as they were an irreePehliert
tribunal, he objected to granting them the extended Pe
mentioned in this clause
Mr. HAYTER would. rather confide in their decislohstb°
in those of any two justices of the peace. har for
Mr. AGLIONBY was surprised that the Hon. Meal—
Lambeth, and the Right Hon. Gentleman who had Bi teo
ter
after him, should have wandered so far from the real (qv
tion before the House. His suggestion was to substitutew'
words " prejudicially affected,' for the words "
and in that alteration he was supported by the Hon' .10.
man near him (Mr. Gill), and by the Hon. Member f°r

The 10th clause having been read,
Mr. AGLIONBY said the provision for obtaining the con-
sent of owners in this clause was extremely vague. It pro-
posed that the consent should be in writing. The clause did
not state that it should be so, but the introduction of the
words "in writing" would render the mode of proceeding
more definite.
Lord GRANVILLE SOMERSET had no objection to the
introduction of the words proposed, though to him they seemed
useless. If the consent were obtained, that was sufficient,
and it would matter little in what way it was expressed.
Mr. AGLIONBY was a friend to consistency in everything,
and he wished to assimilate the clauses of this Bill, so that
no mistake or misconception should arise. In another clause
the consent was required to be in writing, and it was well to
make all the clauses assimilate.

Colonel SIBTHORP said, before the clause was put, he
wished to point out the great disregard which had been shown
for the rights of owners of land in this Bill. The Bill pro-
vided that a deviation might be made of 100 yards from the
projected line. Now a deviation of such an extent might
completely destroy the value of a piece of land, the subdivi-
sion of which the owner never contemplated when he gave his
consent to the line running through his property. There was
an appeal to the Board of Trade, but that was, in his opinion,
all nonsense.

Lord GRANVILLE SOMERSET said that the provision
of which the Hon. and Gallant Member complained was
contained in the next clause.

Mr. HAYTER said that, as the consent was to be proved
before the justices in petty sessions, it was immaterial whether
the consent was in writing or not.
Mr. AGLIONBY said that when he first came into Ojai,
House he had sat on many Committees, and had foolishly he-
leived that the Railway Companies were actuated solely by
a public spirit; but he had since then become wiser. He
was glad, therefore, that the Gallant Officer opposite had
brought the rights of the public before the Committee. The
Railway Companies were large and powerful bodies, and-
could protect themselves ; but the landowners, though
very powerful in their own way, had not the
same means, and were often sufferers. But there was one
class whom nobody protected. He meant the public. This
Bill was moat shamefully negligent of the rights of the people.
Before the construction of railways the people possessed their
full right to the use of the public ways. There was no right
more ancient or better established. But no sooner was a
railway projected than it unhesitatingly interfered with every
right the public possessed ; too often crossing and destroying
their ways to the public markets ; and, where it did not
de-
stroy, very often interfered, to a serious extent of incon-
venience ; and none of those who had charge of these
public ways had any power of preventing the interruption.
He would be told by the advocates of railways that they were
of the greatest public utility, and that minor considerations
must give way to them. Why should passengers be put to
such inconvenience ? Let all ways be put on the same foot-
ing, but he hoped that foot-passengers would be equally
protected as others were.
Mr. HAYTER thought that his Hon. Friend's remarks had
no relation to the clause under discussion. _

cash ire.
Mr. HAWES explained. °velool°
Mr. ENTWISLE said that Hon. Gentlemen
the fact that the proposed tribunal was not to redraw
antes, but to prevent them.—(Hear.) vets
Mr. STANSFIELD thought that the clause would gl
of a
great powers to the Board of Trade, and that it would:rei,
efficient in preventing people's property from being its<
Mr. WALLACE wished to know in what way hasc''s
men were to obtain redress under this clause? `'vas
_, at
to travel from John o'Groat's house to Lerta°,,': tea.l;
penny per mile? If he did so, he would surely lase_7ais
per on the way, finding himself carried at twelve wi),,Or
hour, and all the other trains passing him—e- 1311,gli?
was the appeal to be to the Board of Trade in dinhw 3fesy
Lord GRANVILLE SOMERSET said thatthe tbeit
her did not give his countrymen sufficient credit folcieso
ability to write, whereas the appeals under this_ 00,,
were to be forwarded in writing. The object of thbutio
was to afford protection to those who could not
°
under the existing law.
Sir T. ACLAND sup ported the clause. ifbole
Mr. HAWES said that the 47th (fause raised the,mdis:,
question, although the Noble Lord opposite said thtoipb!,
cussion of that clause was irrelevant. He asked t 000;
Lord to point out to him any precedent for a tribinla 0110
the one proposed, sitting in secrecy. Would agents
nesses be admitted ?—(Hear.) viditjgbo
Lord G. SOMERSET defended the clause, as Iroolt!..0
much better mode of redress than any other which f 07'
devised. All the relief would be given in favour °
type
proprietors against powerful companies. this clsse3
Mr. HENLEY suggested the postponement 01 w oropo,of
until the 47th came under discussion. The powerj
to be given might be the means of throwing a grt decor
odium on the 'Executive, as the reasons for their
could not be kiiown. to
Mr. Aglionby's amendment was then agreed to. ea.,
On the question.t4 the clause, as amended, be Swords'ir
Mr. HAWES proposed to add the f0110wing10,...44
" Provided always that parties interestedthe Kbet
pear, by themselves or their agents, before
obJ
of Trade." The Honourable Member said
~b; sri4
was to raise-1114-1114 seriously whether „rile Vel,
be an open or'lt tecret tribunal. If the °0 pOlf„,
were disposed to maintain this tribunal with ahl it a?
he could not help telling him that, in his opiniel2ily
tribunal the existence of which he would eventwd 10
first to regret. r0p0540
Lord G, SOMERSET said the question navr,,,,Pes.
be raised was one of very great imna"cb, 0,0(0
proposition of the Hon. Gentleman was one vial toe sit
proposition
sight, had plausibility at least on its side,
_ beam, do°
always desirable that matters of this kind, 7-00 pti'
affecting the public interest, should be conducted 1.!1,0 coos
open manner. There were, however, necull be°
derations attached to the various matters eti,
before the Board of Trade, which might ras.ke Ne
condition inconvenient. It was impossible for hillleptil
either himself or his colleagues to support anie„.4,o 1°
posal, but lie would suggest to the Hon. Gen ew
pare a clause for discussion in a full House. tbb
After a few words from Mr. F. MAULE, dri,T
Mr. HAWES said that on clause 47 he ivouSttew
question, whether or not this clause should be au-
ifeet'
he would withdraw his present proposal. , 00"
Mr. FOX MAULE thought it would be beds' eta"
pone the discussion of the measure till the Right c 0
net at the head of her Majesty's Government Out b 0
sent at an afternoon sitting, even if some importan
should be deferred to make way for it.
The clause was then put and agreed to. _s prObjo
The House resumed, and the Chairman reporteu 1.050'
After some remarks from Mr. HAWES sfgain,lita
with the discussion in the absence of the inihk-
hers of the Government, eecl
Lord G. SOMERSET said, he would not etbooitici
clause 47, which was the important one, •tang'
consideration, and he should be prepared to State..ing
the course he should adopt at the next nor" pi
which he proposed should be on Thursday 110".,, ea
The CHAIRMAN then obtained leave to sit sgatliii e'
day next, at Twelve, and the House adjourned
.05
lailVi I l''f)
PARLIAMENTARY COAL,---,--a vA
ON RAIL WAY BILLS—(TOP'
nivg-
Sub-Committee, No. 2, assembled this 010- f t%O
mittee-room, No. 6. nceedir:610
4
Sir J. Y. BULLER, before opening the 13,1 - apps pr
n
day, called attention to a mistake which "" rocee
the Times this morning. In the report of the P sii`te
yesterday's Committee, it was stated, that deoiaetfel.o,{
Counties' Railway Petition the Committee tin o doe,.
rejecting the Bill. Now, the Committee ha oot
reject a Bill. When the standing rules were.. els° ,
with the Committee reported the fact to tm"-
mittee on Standing Orders. Ai 01'1
SHREWSBURY AND BIRMINGHAM
Committee then proceeded with this new plPolwij
Mr. BURKE called a witness, to prove OAP stsffo.„st
not accurate in the parish of Wellington, lbst or
inasmuch as certain buildings were not des°
on the plan. of fc beco
It appeared that these buildings, consisting lot had
ings, were not marked on then lan and the Crevect '
fore, decided that the standinorders in this _Apoc,ters
• "
been complied with. silt' 'n6l
Mr. BURKE then took a similar objection 0,0
certain buildings in Wombridge. TbeE4 of
stables. 1/114111°
1
Standing order not complied with. f tile did
Mr. BURKE then objected to the plan 40006 ding
Wolverhampton. The plan near the raca...
contain descriptions of certain summer-bon:7o the
The Committee in this case also decided ofor
orders had not been complied with. ,4inod or
Similar objections were taken and 00'4" ding
to the parishes of Sedgeley and Halesocken: „cola
The Committee in these also decided that ""
ders bad not been complied with.

Lord GRANVILLE SOMERSET thought the alteration
in the words of the clause, proposed by the Hon. Member
(Mr. Aglionby), would rather weaken the protection afforded
to the owners of land than strengthen it, and he could not
therefore consent to any change in it.
Mr. AGLIONBY proposed that the word " highway"
should be substituted for carriage road.
Mr. EN TWISLE was of opinion that highways were suffi-
ciently included in the words carriage way, and he therefore
saw no necessity for the alteration.
Mr. AGLIONBY said that the words " street or carriage-
way" in the clause were not sufficient to include footpaths
and horseways ; whereas, the word " highways," which he
proposed to substitute, would include them. (He read from
" Burn's Justice" the definition of the word highways, to
show that it was by itself more comprehensive than the words
in the clause.)
Mr. WODEHOUSE concurred in every word that had
fallen from the Hon. Member for Cockermouth, and hoped he
would persevere in his amendment.
Mr. HAWES thought that there could be no objection
to the word " highways" being introduced into the clause.
But he thought it was quite unnecessary to amend any
clause in a railway Bill, if the 47th clause were allowed to
pass, which gave the railway department of the Board of
Trade power to alter and amend any railway Bill, "where the
strict compliance with the Act might be impossible or incon-
venient." He thought this clause (47) would give a great
deal too much power. and that if it were passed the House
need not trouble itself to amend any railway Bill.
Colonel SIBTHORP thought that private rights could
not be too jealously protected.
Lord G. SOMERSET said it would be remembered that
it was not intended to introduce any new principles into the
Bill. If every possible question were to be raised the Bill
could not be passed that session. At the same time, be had
no wish to prevent fair discussion.
Mr. HENLEY supported the amendment.
After a few words from Mr. Aglionby, Mr. Stansfield, and
Mr. Gill, the house divided, when there appeared—
For Mr. Aglionby's amendment 23
Against it
Majority for the amendment .. —6
The amendment was carried.
Mr. AGLIONBY suggested a verbal amendment in the
same dense, which was agreed to without opposition.
Colonel SIBTIIORP objected to the words of the clause
confining the publication of any intended deviation from the
plan to one newspaper in the locality where the deviation
was to take place. He thought the advertisement ought to
be inserted in papers of general circulation. He would never
accuse the Noble Lord (G. Somerset) of anything like smug-
gling, but certainly this looked like it. Let the advertise-
ments appear in the London papers ; they all saw them ; but
the local papers were only read in the immediate vicinity.
Lord G. SOMERSET said the proposition of the Hon.
and Gallant Officer would rather give a facility for escaping
notice than prevent it. In the localities most affected by the
deviations from the plans the London papers were not read.
Mr. HAYTER thought there was no occasion for advertis-
ing at all.
Lord G. SOMERSET said the object of the clause was to
protect parties from any unfair or unjust annoyance, by raising
the road to a height beyond a certain level.
Mr. HAWES—The only objection he had to the clause
was, that no protection whatever was necessary to be given
to the landed interests by this House, for there were no class
of people who benefited more by railroads than landowners.
Mr. HAYTER looked upon the clause as one intended for
the protection of small owners, and to enable the Board of
Trade to prevent any deviations from the line, although the
parties most affected by such might be consenting to it. He
had heard it said by the Gallant Colonel opposite, that the
railroad interests had great power in this House ; but he
denied that they had any power whatever here.—(Hear.)
Colonel SIBTHORP explained.
Mr. T. EGERTON believed the clause to be intended for
the protection of small holders of land, but there should be
some tribunal to which they could appeal in certain cases.
Lord G. SOMERSET said he should either lay down very
stringent rules, or give a power of appeal to the Board of
Trade, which, he conceived, was the most suitable tribunal
for such matters.
Mr. GILL—It was well known that landowners threw
obstacles in the way of railroads, in order to get a high price
for their land.—(Cries of "No, no.")
Mr. AGLIONBY said that he agreed with the Hon. Mem-
ber for Plymouth, that there was a great vagueness in the
terms used in this clause. The term lying near a deviation
may mean any distance, a quarter of a mile, half a mile,
or a hundred yards. He would propose to strike out the
words "lying near;" that would obviate all the uncertainty.
Lord G. SOMERSET said that the words were intention-
ally left vague in order to meet the object which he had in-
timated, but this alteration would render the passage still
more vague.
Colonel SIBTIIORP said that he could not sit there and
hear the misrepresentations of the Hon. Member for Ply-
mouth of the small proprietors ofland. The Hon. Member had
said these proprietors had thrown obstacles in the way of
railway companies, in order to increase the amount of their
compensation. The small landowners were fully entitled to
make the most of their property, but he would deny that they
had ever resorted to such means as the Hon. Member had inti-
mated. He was inclined to retort the charge on railway compa-
nies. They inserted advertisements for the purpose of catching
and humbugging the public, stating that the holders of their
shares would realise 15 per cent. for their money. The small
proprietors of land were never guilty of such conduct.
Mr. GILL said that any Member of that House who fell
under the attack of the Hon. and Gallant Officer might count
himself most unfortunate.—(Laughter.) That Hon. Member
had entirely mistaken him. His reference had been to the
large landed proprietors, and not to the small owners. The
question was not whether the place was lying near,
but whether it was affected by, the deviation from the ori-
ginal line. He would, therefore. propose, to strike out the
,
words " lying near," and .ttL,lti:;.:Lc the word 1 I,ql:du-tally
affected; and that the rr,juttice t, and not its
neighbourhood d'uouid entitle it to compensation.
Mr. AGLIONBY said that he quite agreed with t. e Hon.
Member for Plymouth, for property might be very greatly
injured though it was beyoud the appouited roge of deviation.

year 1845-46- —"nu.- tbe
amount .---
to
2,287,716 t,
total
note ffetife
ORDNANCE ESTIMATES.—The t0,,a,. c"-i" the eve The
tsoentr(aivlibc
barrack
or
rr2a,
ctl
hk2e2,
supplies;lp3rle Ic.e,dainndg the
yearn o aw-
se
sffe ci t,iBvsesf,l:66:7s6_lllEiljeorii:;
creaseaai
nng sincreaseriespcahiri
esofnya
ntdh
underei
m pptrrheoseveenmt
following
c' year °f head
a ci4s3f , vci
goon; rrb V
ordnance stores; and ..e,
STAMP DUTIES (IRELAND) ----,..- I it-
tO ° ;01
A r coaling raolo 59
tinBrn4s,made to the House of Commons, the t:otaclinn".3lll3l4lll
revenue
129,0141. This
duties for the Ye'r' ootoV",iiit°9-;1
was 583,3721., being an increas, 35 i- then 0n-
Th il
imposedis
duty 1 Ilit
passed. • ~ of f°11)(10e
COLLIERY EXPLOSION .--An exploasia-ite or tole
took place at the Margam colliery on FridSseives °,12. 00,
man named Jacob Jones, was,
were fortunately saved by throwing the b the P" t, bt"
faces into a stream of water running throwing _i, barn
,wihnenconthseequrenrecpeeortrto 13i
tnni •
is in a state of recoverymbrian. The CO oie
WESTMORELAND SPRING ASSIZES."„ 10 '_Alfa
sion was opened on Thursday, at Applel2Y:,yuriday to b7'
bi
110WeVert 5 cer"'
Coltman and Mr. Justice Wightman- On tasooo'
the business commenced, the Crown Cour'
'Just
Justice Wightman. and the Civil Side bt..o
The business in both Courts was very ligil
Or
Li
8111797-s• a gowkshell or- fe
On the 20th inst., at Grizedal, ne r
~,,a ougbt
.40,
shire, the wife of Montague Anslie, 406cill's,ev:Brightort ' f
On the 20th inst., at Montpellier x
of Henry Stein Turrell, Esq., ham d
On the 21st inst., at Effing Lodge' - WO
Mrs. Huggins, of a daughter. burl'
Charlotte-street,
Blooms ,
Bsr.i.
On the 22d inst.. in Charlotte-stree , i
still- born- if, of D.
of W. R. Bingley, Esq. of a son,are, the °I e$
On the 22d inst., at'Eccleston-squ J 0
son, Esq., of a son. Kensin
• glop, grs'
On the 22d inst., at Sussex-place'
H. Watherston, of a son. aug.hterv..
~, 500
ABAIED" cbarles, 9°ll,lflere CArol
On the 20th inst., at Milford, liantp, of I,lydi _
...,
arra, ' sq., Jo, 1-;01
of the late George Williams P ~ _ .„. ~ Boort.,
orWood, 5111/4' '
digan, to Maria, eldest daughter of .n,• -,-,
Penglais, of the same county. oier
DIED. e Allen, car's
t Sheffield, Dir. Georgoo
On the 17th inst , a infant
k•
cial traveller. William Fran lac'
On the 110th inst., at Hackney,
-sclOr'''
of Captain J. H. Fawcett. vain, of Fenton , i
On the 21st inst., Dirs. P. Hig 10°
Johli
market, aged 44. Kentish-toWn,
file'
On the 21st inst., at York-place, of 18
Dove, aged 21. land, builder, eii
On the 21st inst., Dir. Joseph Eng 0 u
ar°o
street, Russell-square. 0004411 le'
place, POr Iftli
On the 22d inst., in York• ore
Coape, Esq., aged 84. Colonel Ge
~,,,
At Carisbrooke, in the Isle of Wight, _„.,,,
et
K.T.S., agal 62. --------- '•;.o' •
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• dbyg Li ffice, 001
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The o'" the
No. 112, Strand, at
gavot', it,
Strad, in the Precinct of the
5 1
Middlesex, Toodays rettrusul 2 t v`

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•

SECOND EDITION.