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

THE SUN, LONDON, TUESDAY EVENIITG, FEBRUARY 25, 1845.

Bergelonzi defen
of any general interest.

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 JonN RUSSELL and his
friends were 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 of the 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

:o be utterly devoid

COMMON PLEAS.-(THIS DAY.)
Nothing of importance came before the Court, which rose
at eleven o'clock.

MIDDLESEX SESSIONS.
(THIS DAY.)
(Before the ASSISTANT-JUDGE and a full Bench of
Magistrates.)
This morning the second February sessions for the county
of Middlesex opened at ten o'clock, in the Court-house,
Clerkenwell-green. In consequence of an anticipation that
the Learned Judge would, in his address to the grand jury,
be likely to make some allusion to the case of Miss Osborne,
considerable interest was excited, and the Court was densely
crowded by fashionably-dressed persons; but, much to the
apparent disappointment of the auditors, the Learned As-
sistant Judge did not in the slightest degree refer to the case,
as the young lady was out upon bail, and her name, conse-
sequently, did not appear in the calendar.
The number of persons whose names appeared upon the
calendar amounted to 73, of whom 63 were charged with fe-
lony, the remainder being for misdemeanours and assaults.
The Learned ASSISTANT-JUDGE briefly addressed the grand
jury, and commented upon the great increase which had
latterly taken place in the business of this Court—no less
than 1,100 cases having been tried by him within the last
five months.
Three prisoners, named Carr, Jones, and Williams, who
had been convicted at the last session, were called up for
judgment, and each sentenced to six months' imprisonment
in the House of Correction, with hard labour, the three last
weeks to be solitary.
Several cases were tried, but they were of no public in-
terest.

all cases where evil is committed that good may come o
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.
But 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. DUNCOMBE'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.
Ducomnes seeking, but as the resu't 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. DUNCoSIBE should not
be satisfied to urge that the wrongs of M. MAZZINI and
others remain unredreased, 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 N. ith a distinct reason for it. No Member may
hope to escape from his responsibility, on this occasion,
,o the tribunal of public opinion.

MONEY and COMMERCIAL NEWS
CITY, QUARTER TO THREE.
IpThe demand for bonded Cotton at Liverpool yesterday
still exceeded that for the duty-paid article, and the former
was about 1/ad. per lb. cheaper. Sales, 4,000 bales; all to the
trade at previous rates.—There was a dull market for Shares.
Birmingham and Derby, 941, ; Birmingham and Gloucester,
129% ; Bristol and Olouceeter, 56 ; Caledonian, 7% 7 ;
Chester and Birkenhead, 383% ; Chester and Holyhead, 8%;
Dublin and Drogheda, 78 ; Churnet Valley, 7% 3/4 ; Edin-
burgh and Glasgow, 601,4 ; Glasgow and Dumfries, 16/. 6s. ;
Glasgow and Greenock, 151, %; Grand Junction, 220 ;
Grand Junction, New, 4314 ; Great Western, One-Fifth, 303/4 •,
Liverpool and Manchester, 202 ; Ditto, New, 37 ; London and
Birmingham, 321. Shares, 424; London and Brighton, 571
%; London and South-Western, 79%; London and York,
7%6 ; Direct Northern, 21 ; Manchester and Birming-
ham, 6214 ' • Manchester and Leeds, 138%; Midland Coun-
ties, 125 ; Newcastle and Berwick, 141/2 ; North British,
Half Shares, 2%; North Union, 137 ; Preston and Wyre,
234 ; Scottish Central, 4%; Shrewsbury and Grand Junc-
tion, 5% .!4 ; South-Eastern, 40 393/ ; Ditto, No. 2,9%;
Trent Valley, 191,E 20; Paris and Lyons, 61s. 6d. ; Orleans,
Tours, and Bordeaux, 6%; Northern of France, 51/2
Boulogne and Amiens, 51/2.
The Cambridge packet brings advices of one day's later
date from the United States. The papers give an account of
the number of vessels, and their tonnage, that entered the
port of New York in the month of January 1842, 1843, 1844,
and 1845 ; from which it appears that in January, 1842, the
number of American vessels was more by one-half, and
the excess of tonnage was one-third over the arrivals
for January, 1843 ; while on the other hand, there is a
slight increase in the number of foreign arrivals, and
amount of tonnage, in January, 1843, over the corre-
sponding month in 1842. In 3anuary, 1844, the gross
amount of American tonnage entering New York from
foreign ports had increased only to the standard of 1842 ;
while the gross amount of foreign tonnage was in excess
nearly one-half over the corresponding months in 1842 and
1843. The analysis of the arrivals during the last month
(January 1845) is highly gratifying in its results, as it proves
satisfactorily that our commerce is now in a more flourishing
condition than it has been for the same month during the
last four years. The gross amount of American tonnage
employed in commerce considerably exceeds that of 1842
and 1844.
It is stated that the pest fever was raging last month to a
considerable extent at Port-au-Prince. It .had been rather
mild on board the American vessels, but very severe amongst
the French seamen.
From the Cape of Good Hope, advices of the Bth ult, in-
timate that some of the Kafir chiefs were disinclined to come
into the conditions of the new treaty proposed to them by
the British.
The Fuads are firm to-day.
There have been sales made by the Chancery broker,
but .the speculative operations for April have most
Consols have realised 99% to par for present transfer, and
goneu
rte rb back
9t09 st.o
apnadr f6o7rsa. ccount.
premium.ExchequerNewrrnrßeeillasnhd-aav-eQ
Cents. are 104 to 10414 ; and the Three per Cents. Reduced
100% to %. Bank Stock has been quiet, at 212.
The Foreign Investments are flat. Spanish Actives at
27% 1/2 ; and the Three per Cents. at 401 A. Portuguese
Converted have been 601/ to 61. Columbian Stock is worth
131; and Brazilian 90. French Five per Cents. are 122 f.
75c., with the Exchange at 25f. 50c. Venezuela Bonds are
443 A. Dutch Two •and-a-Half per Cents. realise 63% to %.
Railway Shares continue flat, owing to the arrangements
'or settling the account.

ONE CLOSING
PIZICES OF BRITISN FUNDS. O'CLOCK. PRICES.
Bank Stock
3 per Cent. Reduced
3 per Cent. Consols
New 31/1 per Cents
Long Annuities to expire Jan. 1860 12 1-16% 12%
Ditto 30 years, Jan. 5, 1860 : 11 13-16 11 13-16
India Bonds, 1,000/
Ditto under 1,0001. .
3 per Cent. Annuities, 1751 98%
Consols for Account.....
Exchequer Bills, 1,0001., 11/2d.... (19
.67 pm. 62
Ditto 500/. . 69 67 pm. 66
Ditto Small
Ditto Advertised. . 67 65 pin. 65

ONE
O'CLOCK.

Madrid journals of the 17th have been received, bu
ley 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-
VAEZ stated, in answer to a question from Senor CAR-
Basco, 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 1 ith at 33 for
at 231 for cash, and 24-k at 60 days.
; and the Five per Cents.
cash, and 33 9-16 at 60 days

The following telegraphic dispatch was received 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. THIERS and his friends.
" Everybody," says the Constdutionnel, "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, i
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 nevvs. A letter from Berne
of the 19th mentions the arrival in that town of the
POPE'S Nuncio. 'lie 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 Lucerne of
the 18th state that six battalions ens had been
hurch organised
for the defence of the Governor
The c
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.

RICKARDS V. TILE ATTOKNEY-GENERAL.
The arguments in this appeal occupied their Lordships the
hole morning.

THIS DAY.)
------ _
VICE-CHANCERY.---(
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 QUEEN V. DOUGLAS.
This case, which is an Information tiled 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. Ibis evidence was written on con-
tinuous slips of parchment, and seemed to be only 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 Prius, before Sir F. Por.LocK and a special
jury.)
The Court was engaged all day with a part-heard case, in
which a gentleman named Dabney waB plaintiff, and A Mr.

Bolton, 3 15-16 ; Bolton, Wigan, and Liverpool, 7% %; Ca-
ledonian, 7% 7; Churnet Valley, 7%; Dublin and Galway,
3 9-16; Great Grimsby and Sheffield Junction, 2%; Hud-
dersfield and Sheffield Junction, 4 9-16 ; Leeds, Dewsbury,
and Manchester, 3%; London and Worcester, Oxford and
Rugby, 31, ; London and York, 714 % ; Manchester and
Buxton, 214 ;- Sheffield and Lincolnshire Junction, 255.
235. 9cl. ; Trent Valley, 19% % ; West Yorkshire, ;
Manchester and Liverpool District Bank, 11% ; Union Plate
Glass, 19181/2. •

Forinstance, a manmight build ahouse commanding a view,
over the distant country. A railway embankment was raise('
above the level of the original line, and immediately the house
was shut out both from prospect and air. The house which
before was worth 2001. a year, would now be hardly worth
half that sum. Again, he conceived that if there were
to be appeals, the onus of proof ought to lie on the
raila comanies, r it w an utter impoesibilitY
for w
ay p for
small landed proprieto,as who resided one hundred
or two hundred miles from London, to come all that distance
and be at the expense of bringing his witnesses, and keept;
ing them here during the delay of the railway BILL
before a Committee. He hoped, however, tbey
would not conclude this point at the present moment,
but would maturely consider it, and when it was concluded
they would substitute the words, which the Hon. Member
for Plymouth had taken from him, " prejudicially affected"

LLOYD'S SHIPPING.-(THIS DAY.)
LONDON, FEB. 25, r.m.—Wind easterly, fresh breeze,
And cloudy.
DEAL, FEB. 24.—Wind N.W. moderate. 10 P.M., N.E.,
squally.; Arrd. Robert Small, Williams, and Colombo:.Thom-
son, Calcutta; Plautius, Rotgaus, China, for Amsterdam;
Belle Creole, Purchase, Jack, Tavenor, and Emma Eugenia,
Kettlewell, Mauritius ; Susan, Cant, and Majestic, Smith
Ichaboe ; Emilia, Rio Janeiro ; Napoleon, Bendixen
Rio for Hamburgh ; James Holmes, Head, and Mary Eliza-
beth, Thom, Demerara; St. Thomas packet, Paterson, St.
Domingo for Hamburgh ; Mediator,t Chadwick, New York ;
Clyde, Halcrow, St. John's, New Brunswick ; Golden Grove,
Ichaboe for Scotland. Sld. Favourite, South Seas ; Tyne,
New Zealand ; Hindostan, Bombay ; Hebe, Bahia ; Marys,
Berbice ; Helen, Demerara; Druid, Barbadoes ; Don Gio-
vanni and Harriet, Jamaica ; Mary, Santa Martha ; John
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 John, Holland, from Shoreham,
were in contact last night in the Downs. The former has
put in here to relit, the latter proceeded. The Haime, from
Messina to Copenhagen, has been brought in here, with loss
of rudder.
Ponzsmorrff, FEB. 24.—Wind W. N.W. to N.N.W.—Arrd.
her Majesty's ship Belvidera, Malta.
COWES, FEB. 24.--Wind 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.
ICILABOE, 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.

for " lying near."
Mr. ENTW ISLE said that he thought the constitution
of appeals to the Board of Trade was good for the railways
themselves. By that means they were saved from falling
into the hands of an attorney, ivho hurried them
into (litigation and disputes, for the sake of running
up a bill. _For these reasons he thought this course
of appeal would be better for the companies themselves-
The Hon. Member for Cockermouth thought that the present
wording of the clause limited the facility of appeal, and be
(Mr. Entwisle) entirely agreed with him in the observation.
Lord G. SOMERSET would make no opposition to the
recommendation of. the Hon. Member for Cockermouth.
Mr. HAWES objected to the jurisdiction given by tbe
present clause to the Board of Trade. He thought they
ought not to extend the powers of an irresponsible tri-
bunal. The Board of 'l rade was a secret tribunal, and 13°
quite objected to its constitution.
Lord G. SOMERSET said that if the Hon. Member,.
would mention any other court which would better angle'
the purpose than that of the Board of Trade, he should.
very happy to give his best consideration to
it
but at present he was giving, by this elaeB,"
an opportunity of appeal to those who felt then';
selves aggrieved by the encroachments of any railwaa
line, which they did not before possess. Although the clau,s:
gave powers to the Board of Trade to decide appeals of
tittuL
kind, he did not at all agree with the Hon. Member, tha
wculd
Mr. FOX MAULE be a setting
LE said that , thouh there could not aside of the courts of law. be
any men better or more honourable than these who fort%
the Board of Trade, yet, as they were an irrespossl!';
tribunal, he objected to granting them the extended pa"'
mentined in this clause
Mr.o HAYTER would. rather confide in their decisions tbaa
in those of any two justices of the peace.
Mr. AGLIONBY was surprised that the Hon. Member!°:
Lambeth, and the Right Hon. Gentleman who had sPelsres,
after him, should have wandered so far from the real ethe
tion before the House. His suggestion was to substitute rt,,
words " prejudicially affected," for the words "
and in that alteration he was supported by the Hon. yen,•
man near him (Mr. Gill), and by the Hon. Member for
cashire.
Mr. HAWES explained ge
Mr. ENTWISLE said. that Hon. Gentlemen overloo.d
the fact that the proposed tribunal was not to redress Pl°
ances, but to prevent them.—(Hear.) too
Mr. STANSFIELD thought that the clause would grc't
great powers to the Board of Trade, and that it would ned.
efficient in preventing people's property from being iniureirr
Mr. WALLACE wished to know in what way his cosunot
men were to obtain redress under this clause? Was t A
to travel from John o'Groat's house to London steo.
penny per mile ? If he did so, he would surely lose
per on the way, finding himself carried at twelve ral,
laugh?
`":„or
hour, and all the other trains passing him.-.(A
was the appeal to be to the Board of Trade in E dinburgein.
Lord GRANVILLE SOMERSET said that the Hon. eltheir
ber did not give his countrymen sufficient credit for oss
ability to write, whereas the appeals under this coo
were to be forwarded in writing. The object of the
was was to afford protection to those who could not oblei-
under the existing law.
Sir T. ACLAND supported the clause 101.8
Iv;
Mr. HAWES said that the 47th clause raised the
question, although the Noble Lord opposite said that P,,,0b1e
cussion of that clause was irrelevant. He asked theu'egsi
Lord to point out to him any precedent for a tribunal or fit'
the one proposed, sitting in secresy. 'Would agents °
nesses be admitted ?—(Hear.) • jig
Lord G. SOMERSET defended the clause, as Pro old bet
e'
much better mode of redress than any other which 5,01
devised. All the relief would be given in favour
proprietors against powerful companies.
Mr. HENLEY suggested the postponement of thiser,, f
until the 47th came under discussion. The power Prost'',
to be given might be the means of throwing a greatieroioo
odium on the :Executive, as the reasons for their
could not be known.
Mr. Aglionby's amendment was then agreed to. a,reed
ti
On the question that the clause, as amended, be
Mr. HAVES proposed to add the following .e.„,
or
" Provided always that parties interested
the objeco
or Trade." The Honourable Member said sb° ,t
was to raise the question seriously whether tbibsle
be an open or a secret tribunal. If the N° poet
were disposed to maintain this tribunal with all its
he could not help telling him that, in his opinion', 1, be
tribunal the existence of which he would eventual')
first to regret. „„ secide.
Lord G. SOMERSET said the question now Pr'2.° :14
be raised was one of very great important- 1`,.0
proposition of the Hon. Gentleman was one wbico, it r,
sight, had plausibility at least on its side, because of g(:,
always desirable that matters of this kind, .84/tilell,;4l,
affecting the public interest, should be conducted 111 r
open manner. There were, however, peeolla brO'J
derations attached to the various matters odecie
before the Board of Trade, which might welt° to Pl4o'
condition inconvenient. It was impossible for bialcor
either himself or his colleagues to support any Part,' 0
posal, but he would suggest to the Hon. Gentlenl'-
pare a clause for discussion in a full House.
After a few words from Mr. F. MAULE, id eta;
Mr. HAWES said that on clause 47 he wou'
question, whether or net this clause should be oan
he would withdraw his present proposal. to if;.r
Mr. FOX MAULE thought it would be better, r,
pone the discussion of the measure till the Right 13,„°
net at the bead of her Majesty's Government coulok
sent at an afternoon sitting, even if some important
should be deferred to make way for it.
The clause was then put and agreed to. doglo;
The Hope resumed, and the Chairman reported rrocee
After some remarks from Mr. HAWES against Ptizil
with the discussion in the absence of the intinell' 4io
bers of the Government, odd 01,
Lord G. SOMERSET said, he would not Pr. bestior
lot
clause 47, which was the important one, t° the• 1.0
consideration, and he should be prepared to state _in
the course he should adopt at the next way." optr
which he proposed should be on Thursday neltt* ;
The CHAIR3IAN then obtained leave to sit agatlA lii
day next, at Twelve, and the House adjourned u A
0
PARLIAMENTARY COMMt'vit ,
ON RAIL WAY BILLS--(Till' Co'
is
Sub-Committee, No. 2, assembled this morningof i 4
mittee-room, BULLER,
Sir J. Y. before opening the pr,l-ope
day, called attention to a mistake which ha'srocels4t,s'
the Times this morning. In the report of the 1-tjte ,„j Oro
yesterday's Committee, it was stated, that in decia'weri.,,l
Counties' Railway Petition, the Committee 111(100 *et,
rejecting the Bill. Now, the Committee ha' not ci
reject a Bill. When the standing rules were 931°
with the Committee reported the fact to the or
mittee on Standing Orders. RAO Ante
SHREWSBURY AND BIRMINGHAN
The Committee then proceeded with this Pe the rjs
Mr. BURKE called a witness, to prove that "sti°,,
ai
not accurate in the parish of Wellington, inect or
inasmuch as certain buildings were not deserl"
on the plan. fg' the 0
It appeared that these buildings, consisting eotttee'ooll/
ings, were not marked on the plan, and the CO t to
fe. fore, decided that the standing orders in this or4°,ers
been complied withit° 10
r. BURKE then. took a similar objection W 1
01
certain buildings in Wombridge. These
stables. AO et
a' a
Standing order not complied with. f the raid
Mr. BURKE then objected to the plan of clitti;
Wolverhampton. The plan near the races
contain descriptions of certain summer-bolo: at th° ee;
The Committee in this case also decided 4' I, to
t -
orders had not been complied with. led ot
Similar objections were taken and sustal
to the parishes of Sedgeley and Halesocken• the
The Committee in these also decided that
ders had not been complied with.

MPERIAL PARLIAMENT

(THIS DAY.)

HOUSE OF COMMONS.
The CommitteeCOMP onANIES private Bills sat to-dayBILL at Twelve o'clock.
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 recommitted on Thursday, pro forma.—

Agreed to.
RAILWAY COMPANIES CONSOLIDATION BILL.
Lord G. SOMERSET moved the further consideration oi

his Bill.
Clauses one to four, inclusive, were read and agreed to

without observation.

...-
Clause five was omitted.
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

raore 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 whenhe gave his
consent to the lime 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. lIAYTER 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 that
_ .

House he bad sat on many Committees, and had foolishly be
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 bad
brought the rights f 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 most shamefully negligent of the rights of the people.
Before the construction of railways the people possessed their
full right to the ti:e 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.
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, he 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 clause, which was agreed to without opposition.
Colonel SIBTHORP objected to the words of the clause
confining the publication of any intended deviation from the
plan Ito 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. HAVES—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 inure 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. SOMESET 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 SIBTHORP 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 omit rs. 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
wards lying near," and substitute the words " prejudicially
affected ;" and that the prejudice to a property and not its
neighbourhood should entitle it to compensation.
Mr. AGLIONBY said that he quite agreed with the Hon.
Member for Plymouth, for property might be very greatly
injured though it was beyond the appointed range of devatioue

........_,..,... -..........'" 'to 4.
J;be
for •,e
, 4t:osl 0-lbe
ORDNANCE ESTIMATES.—The tot* fort-1 he: ,„g
year 1845-46 amount to 2,287,7161.. viz., ;,.. 581 i.","
service 2,122,1311., and the non-effective 1,%';;/,, 608,111;
total for the preceding year was LE15,5'5431. m'ssor,li ,
an increase on the present year of 43`' Coin:: ba''
in s, repairs, and improvements.
crease is chiefly under the following heads ' el yaw"'
STAMP DUTIES (IRELAND)
and barrack supplies; ordnance stores; rll/ re'
II 1
to t c
aillg al° 4+
...—A cCor tal Opt°. D
turn made to the House of Commons, the °Ong A it I
re" •'or°
revenue from these duties for . the Yet3„„r, eeoniltylill.oi
1845, was 583,3721., being an increase, ''''of the 'oil/
1842, of 129,014/. This is, in consequence of
Air
duty oa stamps, imposed when the Proper .' 01 'eti
passed. of 0 0 ,
trotion war tiell
COLLIERY EXPLOSION.--All eict).-- The iwe
took place at the Margam colliery on FriduP elves ;, 11;
were fortunately saved by throwing there he
pi
faces into a stream of water running tbronfrerely l'" ;;.'
sionwas
opened WESTMORELAND
on T
man named Jacob Jones, was, hOWeVerf SW
AssloB* b- 141.01. or°lll,l
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Appleby,
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athuSrPsdßiN,Goo I la '7ol°o3o'
Coltman and Mr. Justice ightman. . beiog cel
the business commenced, the Crown Cour' ~,,,tice
Justice Wightman, and the Civil Side by
.d.
The business in both Courts was very VP'
cs.
1,e13
B.airErs• ar gawloillegi;isoefi#
On the 20th inst., at Grizedale, ne ofo daug., th
shire, the wife of Montague Ainslie, Fja(l.!_, prig' ei',
tirc '
On the 20th inst., at Montpellouste
r. d, -
of Henry Stein Turrell, Esq., of all.: Sorinree pjf
On the 21st inst., at EffinghLoa , tbe
Mrs. Huggins, of a daughter. Bloontsborl,
1,1,
On the 22d inst.. in Charlotte-street, .
of p i'
of W. R. Bingley, Esq. of a ou, st 11 ou
are the rife oc3
On the 22d inst., at'Eccleston-squ ,
Vs. P
son, Esq., of a son. icenso
••gton,
On the 22d inst., at Sussex-place,
H. Watherston, of a son. to
,gest„r
3141111161). Charles, Yllu-e,' oi
or ..11,
On the 20th inst., at Prlilford,Haut%_, of tildes, ~
of the late George Williams Parr 2 : -t. ochar
digan, to Maria, eldest daughter ° 0
Penglais, of the same county. teer
co°
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On the 17th inst., at Sheffield, gr. info
Fri,
cial traveller. Williani IV
On the 20th inst., at Hackney, 041111re' ,t
of Captain J. H. Fawcett. . _ ..f potori" . itpj,
On the 21st inst., Mrs. P. Highana, o Phil
wily
market, aged 44. sentiell-te (104'
On the 21st inst., at York-place, fi I
Dove, aged 21. ~ildar, 0 rl
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On the 21st inst., Mr. Joseph Englan
~„ eciarire' •tel
street, Russell-square. Fortino"- Wll,
On the 22d inst., in York place, _e
el Georb
Coape, Esq., aged 84. • ht, Cniell
At Carisbrooke, in the Isle of Wig , ri
K.T.S., aged 62. --- 415'/;'
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