The Sun.
London, England, 1845-09-04 00:00:00

THE SUN, LONDON, THURSDAY

vision, not altogether retiring from Parliament, or of his
failing, after accepting the Chiltern Hundreds, to solicit
anew the suffrages of his present, or some other consti-
tuency.

Mr. DARBY has been appointed one of the two Com-
missioners under the new Act. The " blank" in the
earlier prints of the Bill was filled up in some of the
hurried-over discussions that the measure received, or
was supposed to receive, in the wane of last session, with
the modest sum of " 1,5001." Fifteen hundred pounds
a-year,well and truly paid to each of two new
Commissioners, under a new Bill for newly de
vised duties, are a remarkably " taking bait," in
political angling, for even a big and fine fish. We shall
not enter into the invidious inquiry,; how far the
Minister was justified in throwing so precious a fly for
a fish of no higher pretensions than the Darby trout he
has taken. Going to the absolute matter of fact, we
shall equally abstain from inquiring whether the ap-
pointment of the Honourable Member for East
Sussex has been owing to the solicitude of the
Earl of LINCOLN to neutralise a malcontent
agriculturist in the Conservative ranks by this process
of what IzAex WALTON would call "gorging him," or
to other views upon the representation of the same part
of Sussex, in Parliament, which may be entertained by
her MAJESTY'S Government, and to be accomplished
through the practised agency of Sir J. GRAHAM. But
it seems to be a matter still very doubtful whether Mr.
DARBY will be disposed to raise the question of his re-
election at all. If he desires to continue in Parliament,
it is said he will rely upon the quibble that his
appointment is not derived from the Crown, and does

not, therefore, presuppose or compel him to vacate his
seat. If he has made up his mind to forego the discharge
of Parliamentary duties, it is stated, on the other- band,
that he will voluntarily resign his trust to bis consti-
tuents. But we entreat public attention, first, to the
words of the clause in the new Act, under which the
power to make the appointment be holds is created ;
secondly, to the analogy of the reasons that should just as
much necessitate the vacation of his seat on taking such
office as if he held it directly from the Crown. Now this is
no light or unimportant question. In the Health of Towns
Bill, and other measures, to which Lord LINCOLN has
been a party, there has been a similar tendency evinced
to sacrifice the constitutional and equitable right of
municipalities to elect their own officers, as the Wastes
and Common Inclosure Bill manifests, to with-
draw the nomination of the Commissioners under
it from the control or the gift of the
county and district authorities. In both the
measures we have named there are to be:nokd what we
may call daring extensions of Government patronage.
They must have been strangely overlooked, for no Par-
liament to whom they had been once fairly indicated
would ever have sanctioned them.

Now, in the first place, the words of the clause in the
" Commons and Waste Lands Inclosure" Act make it

" lawful for one of her MAJESTY'S Principal Secre-
taries of State to appoint any two fit persons to be
Commissioners under this Act, and at pleasure to remoie
the Commissioners so appointed, or either of them."
We will say thus much for sound lawyers, even of the
Conservative party, that had the present Lord LYND-
HURST, or the late Sir WILLIAM FOLLETT, been present at
the debate in the Commons upon a clause thus worded,
they would nave indignantly denounced the extravagant
powers conveyed by these unconstitutional terms. Two
Commissioners, at a charge of 3,0001. per annum to the
public, to be appointed by one Secretary of State and
removable—not for incompetency—not for mis-
conduct—but "at the pleasure," forsooth, of
another salaried servant of the Crown! The notion is
monstrous. The judges of the land hold their high and
exalted offices quamdiu bene se gesserint, and this noble
tenure, in exchange for that servile and dangerous one
durante bene placito, was the spontaneous appointment
of the Crown itself. Why should Commis-
sioners for other important public duties be
appointed under any other conditions ? The only
reason we can suggest proceeds on the inference
we are irresistibly compelled to draw from in-
ternal evidence, that the terms must have been intro-
duced at the suggestion of " one of her MAJESTY'S Prin•
cipal Secretaries of State !"—we mean Sir JAMES
GRAHAM. They carry with them all his love of the
despotic centralization of authority, and Lord LINCOLN,
a young practitioner in the same arbitrary school,
we must suppose, had either no inclination, or lacked
the firmness to resist their incorporation in the Bill
for which he was ostensibly the sponsor. In the second
case, what possible reason of law or constitutional ex-
pediency which incapacitates the retention of a seat in
the House of Commons, held prior to the acquisition of
office under the Crown, without the Member's being
confirmed in it by a fresh election immediately upon
his acceptance of such office—what reason of this kind
that applies to such cases does not also touch
the case of an appointment by the Minister of
the Crown, made only in virtue and by reason of the
fact of his so representing the power and authority of
the Crown ? If it be an objection to D that he has just
had conferred upon him by A an office, the tenure of
which raises a reasonable presumption that he may be
unduly influenced, by A, and which objection can only
be cured by D's being restored to the same representa-

tive position, on a new election, which he held prior to
his accession to such office,: is the objection less to
C, on taking office at the hands of B, under the
express delegation to B of A's authority ? Or can
such objection be, in consistency or common
sense, obviated in any other manner ? We do trust that
if the electors of East Sussex have the opportunity, they
will manifest their sense of the danger of the precedent
which Sir JAMES GRAHAM and Lord LINCOLN have
created—by rejecting the nominee of Government in
the chief office, under which one of the most ill-
judged, ill-timed, and most inexcusable of all the mea-

sures of the Tory Government of 1844 is to be carried
into effect.

Madrid journals of the 27th ult. have been received.
The long-expected interview between the Court of
Spain and the French Princes at Pampeluna had ex-
cited much interest in the capital, and great numbers
had already left to witness the festivities; among others'
Don FRANCISCO DE PAULA and his family. Accounts
from Mondragon, dated the 24th, state that the QUEEN
her mother, and sister, were to leave that place for Bil-
boa on the 29th, to be at Pampeluna on the 2d
or 3d of September, and to return to her capital be-
tween the 15th and 20th of the same month. The
Heraldo says, " The evening papers state that the
tradesmen of Madrid intend again to close their shops
to-morrow, the day on which expires the delay fixed for
the payment of the taxes on industry and commerce.
For this purpose signatures are being collected, with
promises not to open any shops on that day. They who
manage the affair are doing their best to render this ma-
nifestation as pacific as possible, but we know not how
public order will be maintained when a large population
shall want the most necessary articles."
The Junta of Commerce had an interview with the
Finance Minister on the 27th, who had promised certain
modifications of the new law, and many of the trades-
men had sent in their returns preparatlry to the pay-
ment of the tax.

The Three per Cents. were done at 32 for cash, one
operation only, 1,000,000 reals ; the Fire per Cents. at
22i at 60 days, 4,600,000 reals done.

The only political articles in the Paris papers that de-
serve notice, and they deserve notice only for their ab-
surdity, appear in the Quotidienne and the Commerce.
These journals, though differing totally in politica)
principles, seize upon the affair of Madagascar for the
purpose of attacking M. GUIZOT. They consider it a
grievous crime for English sailors and French soldiers
making a combined attack on a barbarous people in de-
fence of their respective countrymen. " One would be
inclined to suppose," says the Carlist journal, " that the
ancient and incontestible rights which the French pos-
seas over this island were of such a nature, that an inter-
vention in its internal affairs would be one of the most
legitimate acts free from English control. Our Minis-
ters, without doubt, have not thought so, or our
Governor at Bourbon, warned by the fate of M.
DUPETIT-THOUARS, imagined a new means of chas-
tising the insolence of the natives of Madagascar,
without running the risk of giving offence at London,
and being disavowed or recalled." The Commerce says,
" France possesses over the island of Madagascar exclu-
sive rights, which go back two centuries, which have
been recognised by the whole of Europe, and which are
no longer contested even by England. The affair of
Madagascar is a third instance of the application of that
policy of co-operation which seems to have become the
monomania of M. GUIZOT." This is the real cause of
offence. The co-operation of the two countries in a just
cause offends these hostile journals, because so long as
Dance and England thus co-operate, neither Carlists
nor Republicans can hope for a change of dynasty.
The Royal Family
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o'clock,
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ttutahherceed.
Prince and Princess of SALERNO, left the château of Eu,
and took a long ride, in the course of which they visited
Treport, where the KING left his carriage and mounted
on horseback. The royal party did not return to the
château until half-past six. On Sunday, at eleven o'clock,
the KING, accompanied by the Prince of SAXE COBURG
GOTHA &Cid Baron DE MONTMORENCY, Wk.- Walk for

three hours in the environs of the château. At two
,o'clock, his MAJESTY and her Royal Highness Princess
ADELAIDE went to Trieport in a carriage, and there met
the QUEEN and the Duchess D'ORLEANS, and the Princes,
who had preceded them. On their way they were
joined by their Royal Highnesses the Prince DE JOIN..
VILLE and the Prince of SAXE COBURG GOTHA. The
royal party returned to Eu at five o'clock. The
Prince DE JOINVILLE, according to the following
account, had just returned to Treport from his
visit to the English coast. "On Saturday, abc
four in the afternoon, the Prince DE JoINVILLE, accom-
panied by M. DUMON, the Minister of Commerce, and
M. D'HOUDETOT, the KING'S Aide-de-Camp, arrived off
Havre in the Pluton, Government steamer. His Royal
Highness had been in this vessel from Triport to Brigh-
ton and other points on the English coast, and had in-
spected, at Brighton, the damage lately done to the
floating breakwater. The Prince, on returning to Tre-
port, found he could not land from the state of the sea,
and therefore seized the opportunity of running along
the coast to Havre, in order to gain some desirable in-

formation, and landed at M. NORMAND'S building-yard.
After examining the framework of a beautiful iron
yacht being built for the KIN°, his Royal Highness went
to the Hotel Frascati, where he had a long conference
with the chief naval engineer on the projected improve.
ments of the port. At seven o'clock his Royal High-
ness set out by land for Tr(Tort, where the Pluton re-
turned on Sunday."
The Revue des Deus Mondes thus complains of the
unfriendly disposition evinced by the British Post-
office :
" We had expected that the last postal convention con-
cluded between England and France, although extremely ri-
gorous for periodical works, would be modified so as to favour
the literary interests of the two countries. This, however,
was not the case. Far from opening a wider field for truly
literary and scientific publications, it would appear as if an in-
tention existed to raise every day new obstacles in their way.
To show the ill• will of the British Post-office towards the French
press, we shall only observe, that the agents of that administra-
tion refuse to attend to the transmission of periodical works of
India, America, and the French and English colonies, fly the
transatlantic packets. It thus happens that the numbers of
French reviews which for some time were forwarded by the
rapid conveyance of the steamers, are now two or three months,
instead of a fortnight, on the way. Is that, we ask, that re-
ciprocity of good proceedings so much lauded in the postal
convention of the ad of April, 1843 ; and should not France
intimate to her neighbours that if she subscribes to sacrifices
to protect the interests of all parties on the continent, it is but
just that they should on their past watch over ours on the
sea ? We beg leave to direct the attention of the Minister for
Foreign Affairs to a question which interests in so high a
degree the friends of science and letters."

The following are additional extracts from the

papers :

" A letter from Brest, of the 29th ult., states that just as the
Seine corvette was about to sail for Oceania' with troops, a
telegraphic order stopped its departure. It wa supposed that
the news brought to Toulon by the Charte frigate, was the
cause of this change ; and Captain Renaud, of the Charte,
was, it is said, ordered by means of the telegraph to proceed
forthwith to Paris.

" We learn from Havre that the Angelina whaler. which has
arrived there, touched on Dee. 12, at one of the Mulgrave Is-
lands. The canoes of the natives came off, and friendly dis-
positions being manifested, Captain Hyenne, thinking he
could trust them, landed, with the surgeon, mate, and ten
men. The Angelina remained beating about for several days
close to the shore, displaying signals and firing guns, but the
captain and the men whe accompanied him never returned.
It was at last thought advisable to proceed to the Sandwich
Islands, and state what had happened. M. Dudoit, the
French Consul of that group, hastened to transmit to the
French Government, to Admiral Hamelin, and to Captain
Bruat, an account of the circumstance, and added that he did
not think them to have been massacred, for the following
reason-that about ten years ago fourteen of the American
vessel, the Globe, remained on the island for two years, and
were at last got away by a corvette, sent from Valparaiso for
the purpose, though not without force being found necessary.
" We learn from Smyrna that, on the 27th ult., as the Ali•
nerve frigate was getting under weigh from Ourlac, to follow
the Duke de Montpensier to Smyrna, her commander, Captain
Granet, while standing on the forecastle :oirecting the ma-
noeuvres, was struck, by a block which fell from the rigging, on
the head, and killed almost instantaneously. His body was
taken to Smyrna and buried with all the boneurs due to his
rank. Admiral Turpin, with all his officers, the Consul and
his assistants, and a great many French residents at Smyt na,
attended the funeral. In the evening of the 28th the Minerve
sailed for the Piraeus, accompanied by the Cuvier sloop of war.
The Cerf was to remain on the station till the arrival of the
brig La Fleche."
The Three per Cents. closed on the Paris Bourse at 84f.
30c. ; the Five per Cents. at 121 f. 80c. ; the Orleans Rail-
road Shares, 1,320 f. ; Rouen, 1,117 f. '
'soc. • Havre, 915 f. ;
Avignon, I,oBof. • Vierzon, 8221. 50c. ; iordeaux, 720 f. ;
Boulogne, 640 f. • Troyes and Montereau, 547 f. 50c. ; Basle,
2851. ; Spanish Domestic Debt, 311 cash, 31% for time.
The following are the quotations for the new lines
Paris and Lyons (Laffitte), 41f. 25c. premium ; ditto
(Calon), 201. ; ditto (Ganneron), 211. 29c.; ditto Lapin-
sonniere), 14f. ; Northern Line (Laffitte), 80f. ; ditto (Ro-
samel), 421.50 c.; ditto (Pepin Lehalleur), 311: 25c. ; ditto
(Decan, Lebeuf), 31f. 25c. ; Paris and Strasburg (Ganne-
ron), 221. ; ditto (Hinguerlot), 201. 50c. ; ditto (Bechet),
Ilf. 50c. ' • Tours and Nantes (Mackenzie), 20f. ; ditto
(Drouillard), 7f. ; ditto (O'Neill), 7f.; ditto (Lefevre), 16f.
50c. ; Lyons and Avignon (Talabot), 45f. 50c. ; ditto
(Lecointe), 22f. 50c. ; ditto (Compagnie Meridionale), 20f. ;
Bordeaux and Cette (Mackenzie), 10f. ; ditto (Espeleta),
201. ; Creil and St. Quentin (Kysaens), 9f. 50c.; ditto (Ca-
rette), 101. • ditto (Colbert), 91. • Charleroy (Kysaens), 60f. ;
Maubeuge (Kysaens), 61. 50c. ; Dijon and Mulhouse (O'Neill),
If. ; ditto (Allegry), If. 50c.; Dieppe (Sellieres), 40f. 50c.;
Caen ( Delamarre), 10f.
BUSINESS DONE IN FOREIGN RAILWAYS AT THE
LONDON STOCK EXCHANGE, SEPT. 3.
_ _ _

Anglo-Belgian
Boulogne and Amiens III,E
Bordeaux &Mediterran
Bordeaux and Toulouse 2%
Do. and Cette 2',
Central of Spain
Dendra Valley ......
Dutch Rhenish ... 9lll
Dieppe & Paris Juact.
Dijon and Mulhouse
Fast Indian
Grt Northern of France
(Laffitte's)
Ditto (Rosamel's)
Do. Peppin le Halleur Ws
Great Paris and Lyons 2%
Jamaica Junction
Do. North Midland —
Louvain and Jemeppe
Lyons and Avignon —
Luxembourgh.. 23%
Namur and Liege 6%

Orleans and Yierzon 2134
Orleans and Bordeaux
Over Yssel
Paris & Lyons (Lafitte) 34
Ditto (Ganneron's). 23/4
Ditto (Calon's)....
Paris and 0r1ean5......
Paris and Rouen . 43
Paris and Strasburg
(Ganneron's)... 354
Do. (Compte de L'Est) 3
Paris and St. Quentin.
Rouen and Havre.--
Royal North of Spain. 354
Sambre and Meuse .... 1,1%,
Strasbourg and Basle .
Tours and Nantes
(M‘Yenzie's) 3
Do. (Lefebvre's) ..... 23g
Verona and Ancona.... 3%
West Flanders 5

BANKRUPTCY.-(THIS DAY.)
(Before Mr. Commissioner FAME.)
IN RI GRIFFIN, &N INSOLVENT.
....
. . . _

This insolvent, describing himself as of Hunter.street,
Brunswick-square, purser, R.N., came up on his application
for an interim order.

The insolvent was opposed on the ground that he bad vexa-
tiously defended two actions.
It appeared in examination, that he had accepted several
bills of exchange, and upon two of them the creditors had
commenced proceedings, to which he had pleaded that he had
never accepted, thus compelling the parties to go to trial at a
very great expense.
The Learned ComtismNElL said the Court was boned to
protect creditors under such circumstances, and remanded the
insolvent toprison, giving him, however, permission to come up
again at the end of three months.
James Wood, of Woolwich, grocer, came up for his interim
order.

He was opposed on bebalf of Mr.
,Bennett, a wholesale
grocer in Thames-street.
After a lengthened examination, the Learned Commsstowan,
observed, that if the non-fulfilment of engagements by debtors
was a good ground of opposition, no person would be entitled
to relief under the Act. The insolvent had been struggling
against difficulties, but no unfairness had been proved against
him.—The interim order was granted.

BOW-STREET.-(THIS DAY.)
Ann Williams was charged before Mr. Jardine with stealing
a purse, containing two sovereigns, two half sovereigns, and
some silver, to the amount of 145., from William Melvin.
The prosecutor said that hi was a draper's assistant, and that
he was returning home from his place of business the previous
night, at about nine o'clock, when he met the prisoner in Ade-
laide-street. As he passed her she said something to him
which he did not heal...distinctly ; she caught hold of his arm,
and though he attempted to shake her off, she stuck to him
until she saw a policeman coming towards them. As soon as
he was released from her, he felt his pockets, and found that he
had lost his purse. He said so to the policeman, who stopped
the prisoner, and said he must take herinto custody, upon which
she admitted that she had taken the purse, and gave it up to
the policeman. He then took it from the policeman, and found
that 11. had been taken from it.

David Wheeler, ;policeman F 28, corroborated the prosier*.
tor's statement, and said that he found the purse, containing
21. 145., upon the prisoner, and that, cn searching her at the
station, l/. was found upon her.
The prisoner admitted that she took the purse, and begged
that, as it was the first offence, Mr. Jardine would look over it
this time.

The prosecutor said he hoped the magistrate would deal
summarily with the case, as it would be a great inccnvenience
to him to attend the trial.

Prisoner—Oh, do Sir, do send me to prison. Don't send
me to trial, the gentlemen says so, Sir.
Mr. JARDINE said he had no summary power in this
matter. ' But all declarations of want of power were useless,
the prisoner could not be persuaded that All.. Jardine could not
grant her somewhat ludicrous request—" Do, Sir, please do
give me two months 1"
The prisoner was committed for trial, and the witnesses
having been bound over to prosecute, she wasremoved, but
even after leaving Court, she could still he heard crying, and
begging of somebody, " Give her two months."

CLERKENWELL.-(THIS DAY.)
A young girl applied to the magistrate for a warrant against
another female for an assault committed upon her at a public-
house in Clerkenwell, where concerts take place.
The warrant having been granted,
The MAGISTRATE inquired if the house in question wu
licensed ?—The Usher of the Court replied in the negative.
Mr. GREENWOOD expressed his surprise that those houses
should be permitted to have these concerts without licence.
The Usher said only the lowest of the low went to them.
They were what was called" Cock and Hen clubs.")
31r. GREENWOOD said that they were, en that account, the
more dangerous to morality and order. If public-houses were
permitted to hold these concerts without a ►cense, what need
of any public-house going to the expense for paying for one.
Inspector Penny said the police were forbidden to interfere
in these matters. It was beyond their cognizance, the penalty
being 100/.

WEYMOUTH.—The engineers connected with the
railroad from Bath to this town, have been this week actively
employed in their final survey of the projected line, and com-
pleting the preliminary arrangements previous to the com-
mencement of the work, which,it is feared, the lateness of the
harvest will not permit before the end of October. We hear
it is not yet decided whether the road will be cut down or tun-
nelled through the ridge of the bill to the west of Bincombe.—
Sherbourac journal.