The Sun.
London, England, 1845-07-02 00:00:00

atc(rnim

LONDON, WEDNESDAY, JULY 2. 184%

The Lnrds met at Five o'clock.

The Leases' Bill was read g third time and prosed.
lipprd BROM:11[1A 34 thm innved the r.•%,,1u inns rp,,Fn

ropnfl'" l y t!i,, t!.:.'.lwa3- a:l3 .:I,l;:tAting
Railway BuL which had reachA the House of Luids
this Fe:;s4-1 ad e.indeth mixt s.:ssioa.

The Earl of WicKtow thought th- obj,-ct sought
would ho I,t.tinod more ,haTy by ,h„se

re ion.

‘fter

Th. e

few w• —'c 1";,1r•-• I?ICHMOND. the

• t•' ;

Pecperty I,l4ving ,ben Te.:4l 4
Ftn:! pa,sod, their Lortiship4 adjourned to

third tim
Thur,:da'„
Th• row' at F',ur o'clock

(.'aptain BERK ELv.V. may. d. 6'. That private Bill for
zit ~f rmn ti^l. ~r • liflr ptoEc work,. to
Wilieb the cousaut of the 41(11'4%14y is required, will be

committed until the decision of the Admiralty shall be
communicated to the House," be made a standing order.
The motion, which was opposed by Lord G. SOMER-
SET, Mr. WARBURTON, and Mr. J. S. WORTLEY, was
lost by a majority of 48, the numbers being, for the mo-
tion, 22 ; against it, 70.

„ Mr. CiREENE moved the re-appointment of the Rail-
way Bills Committee, for the purpose of referring to
them similar resolutions to those which had teen agreed
to by the Railway Bills Committee of the Houae of
Lords.

After a short conversation, the motion was agreed to.

A new writ was ordered fur Exeter, in consequence
of the vacancy occasioned by the death of Sir WILLIAM

FOLLETT.

The correspondence on the subject of the admission of
Cuba sugars was laid on the table.
Captain LAYARD moved an Address to her Majesty,
praying her to cause inquiry to be made into the expe-
diency of limiting service in the army to ten years, with
a view to secure the services of a better class of men,
and thereby prevent desertion.

Mr. SIDNEY HERBF.RT, on the part of the Govern-
ment, could not accede to the motion.
Mr. HUME supported the motion.
The House was subsequently addressed by Mr. S.
HERBERT, Mr. HUME, .';ir HOWARD DOUGLAS, and
several other Honourable Members, but ultimately the
motion was withdrawn.

Mr. M. MILNES then rose to address the House on the
present mode of conducting public ex• cutions in this
country ; but there not being forty members present,
the House adjourned at eight o'clock.

On many occasions we have had to call the attention
of our readers to the flagrant enormity of the dispropor-
tion bet ween the legalised costs decreed against offenders
over whom the Magistrates exercise summary jurisdic-
tion, and the amount of damages found against or fine
levied upon the same parties. But the cases we have
hitherto adduced on such occasions are comparatively
trivial in the character of their vexatiousness, and the
disparity of the penalty to the offence, when put side by
side with that which we noticed in our paper of yester-
day. A poor man was charged on Wednesday last, be-
fore the Magistrates of the Egham division of the
County of Surrey, with having cut down grass of the
value of four farthings, on the edge of a ditch upon the
farm of one LANE. The man, RosE, was convicted of
having committed damage to the extent of four far-
hings—no doubt an exceedingly heinous offence, and
far be it from us to palliate it. If a penny saved
Ibe a' penny gained, according to the assurance of
the old proverb, a penny insidiously purlOined from the
sacred purlieus of a man's ditch, must be at least the
square of four pennies ; and that is a large allowance.
But what was the sum of the costs actually decreed
against this formidable agrarian felon who had, out of
an overweening affection for his donkey, we presume,
clandestinely, but in a moment of reckless sympathy,
cut down a part of the valuable growing crop which
adorned and gave importance to the brink of a fosse ?
Some 150 times the amount of the assessed damage.
Thirteen shillings and sixpence was the modest demand,
en nomine expensarum, of the enlightened bench, conse-
quent on damages assessed of the amount of one penny.
Within the memory of most living men, we believe that
the price of hay has not risen to such a price as it was
fetching in the Spring, 71. a load. Supposing that the
present season promised no better grass crop than that
of last year, and that this rustic plunderer had cut down,
that is if he could, so much of the matchless bordering of
this inviolable ditch-bank as would have amounted to the
equivalent, dried, of a truss of hay ; the Egham bench
having ordered him to pay 4s. fur the "damages," ought
to have s« ntenced him, on their own rules of proportion,
to 150 times four shillings as costs—say 301. sterling.
This may seem very absurd to uninformed people, who
have never learned to believe with the earlier sages
among our legal commentators, " that the law is the
perfecti in of common sense." But to talk, after this,
of agricultural protection ? What is the necessity for
it ? Any speculative farmer who has surrounded his
homestead, like some retired burgomaster in the suburbs
«X Leyden, or a rich Landdrost in his canal-encircb d
domain in Batavia, with a ditch of banks as verdant as
its waters, may realise upon a few roods of land a more
profitattl.• return than other men can derive in these
times from ten well cultivated acres. Let him only
leave his gates open o' nights. so that whether " at early
dawn or on dewy eve," these wayfaring interlopers may
test the quality 4f the neglected herbage on the borders
of his w alit* or the e ages of his ditches, and he will
have s-wn and reaped at once to some purpose. A bench
of county magistrati s—pet haps his brother guardians in
the union—it may be his landlord or his customers—
will fet 1 every just degree of indignation on his account
every disposition not to wrong the mysterious unknown,
.cvcr be be, Tri2o is the party bon. Gted these un-
accountable, excessive, overwhelming carts :-13s. 4d.
on a decree of 4 farthings damages ! There is one re-
markable allowance to be made, it is true, as a setoff
against such legitimate and equitable profit as might
otherwise accrue to vigilant trespass prosecutors. Pay-
ment ought to follow upon conviction. But it does not
n Tessarily follow that conviction is followed by pay-
meht—eiiher of damages or costs. The Act of Par-
liament, with singularly ill-judged lenity, has provided
for the course to be taken with the convicted, in " de-
fault of payment." Instead of following up the ad-
mirable principle of apportioning costs after the rate of
150 fold on damages found, by some acts of personal
infliction on the delinquent, as it ought in consistency
to have done, such as drawing out a tooth per week
(rrom those who have them). during the period of de-
fault, on King John's graduated scale of Jew-dealing ;
or putting them in the pillory once a week, till full
liquidation of debt and costs ; instead of this, the Act
of Parliament directs, for such defaults, a certain equiva-
lent of imprisonment, founded on very uncertain rules.
In the case to which we are immediately addressing our-
selves, the very bad, who, having committed damages to
the amount of four farthings, is unprepared to pay, in
addition, 160 farthings for costs, is most properly con-
demned to three weeks' imprisonment. Oh, righteous
law ! Oh ! paternally treated peasantry ! Oh ! land
of equal justice, equal rights, equal penalties ! It must
be a source of peculiar gratification to poor RosE to
knov, that had he been of gentle blood and gentle for-
tunes he might, on the very first day of next hunting
season, have gratified himself by riding over the lands of
every Magistrate on the Bench—and in a gallop over
springing corn and young turnips have committed da-
mages with impunity to the amount of four pounds in-
stead of four farthings,—followed by no costs (to himself),
and no consequences on default of paying damages.
Let us hope that he has by this time learned to appre-
ciate the impartial bearing of: magistrate-made laws on
all classes of her Majesty's subjects ; the high protecting
duty oe agriculturists, who extract, in enhanced prices for
their own grown corn., millions per annum frem:he pockets
of our indigent,and industrial community,—end the small
ditch-edge grass cropper, who robs a farmer in a single
night of green forage to the anoint of four farthings !

The accounts from Protestant Ulster are of a very
distressing and alarming character. In the county of
Cavan the law is set at defiance, an extensive system of
outrage has been organised, many houses have been
r.bh d of a-ins and money, and the inhabitants
sujected to all the hardships and it juries usually in-
flicted by lawless banditti. According to a memo•
rial ad,lres.ed to the Lord Lieutenant, by Lord
FARNHAM, the Deputy Lieutenant of the county,
and thirty-eight magistrates, describing the disturbed
state of the district, these depredators are considered to
be Roman Catholics, and fears are entertained that the
indignation excited among the Protestant population
'y :heir atrocities will be visited upon Catholics indis-
criminately. It is further stated, that the respectable
inhabitants professing the Catholic faith have done every-
thing possible to suppress the outrages, that they are
filled with alarm and terror, and that the Roman Ca-
tholic bishop and clergy are as anxious as the other
well disposed persons in the county that a stop should
be put by vigorous measures to such a depl. Table state
of things. They therefore urge upon Lord HEYTESBURY
the absolute necessity of putting in force the powers
vested in the Government, and express their conviction
that the existing laws are not adequate to afford pro-
vetion to life sad property. These outrages, of
c curse, must be put down with a strong hand,
:he law must be enforced, and life and
property protected ; but we believe the existing
laws are sufficiently strong for that purpose. If the
Catholic clergy, the respectable portion of their flocks,
and the whole Protestant population, with the magis-
trates, and military and police, act with honesty of pur-
pose and impartiality, the lawless multitude would soon
be brought to punishment, but we regret to find that
certain of the Orange party are not inclined to show
such a disposition, and are resolved to protect
themselves—in other words, to take the law
:et, their own hands, and re-organise those in-
utions so detested by Catholics—the Orange
ludgr..3. This is net the way to restore peace or settle
oiffer,nc, s ; en the e, terary, such a step will
, e•:. ,'d fee; to the flame, and render the north of Ire-
:el-al ueinhabitable fur civilised beings. If the Legisla-
ture, therefore, interfere at all, the party processions must
be put down, and impartial justice be meted out
to Protestants and Catholics alike. Distress and
hunger, caused by want of employment, are
the real sources of these evils, and while there are from
two millions to three millions of inhabitants willing to

work, but unable to find masters to engage them, there
must be an il.rl.sant recurrence of such lawless scenes.
Let 'ir. O',;O,INELL do his duty, let him urge on the
clergy of the people the absolute necessity of repressing
outrage and restoring tranquillity, and with the aid of
the Government, strengthened as it must be by their
present conciliatory measures, something like security
might be established, and employment on public under-
takings be obtained for the starving population.

Madrid journals of the 23d of June announce a fact which
shows that the financial crisis could no longer be warded off.
The bank of San Fernando had officially announced in the
Gazette that the Directors had come to the resolution of
refusing discounts of every description, including even the
acceptances of the bank itself. This resolution, one of the
papers states, can only have been dictated by the knowledge
of some grave and mysterious event. It appears the bank
is abundantly supplied with money, but owing to the exten-
sive and alarming speculations in the funds lately, it had re-
solved on this dangerous alternative to avoid a greater cala-
mity. The Gazette also publishes the regulation for levying
the new income-tax of 300,000,000 reels (3,000,0000. The
funds nevertheless continued firm.

The Three per Cents. closed at 32 9-16 for cash, and
321 at 60 days ; and the Five per Cents. at 21i at 60 days.

The French Chamber of Deputies is new getting through
the business of the session at railroad speed. In the sitting
of Saturday, in less than four hours, they voted 58,000,000 f.
(2,300,000/), nearly the whole of which sum is to be ex•
pended in public works, such as improving the harbours of
Toulon, Port Vendres, Granville, Morlaix, Boulogne, Calais,
Dunkirk, and a few other places. For Boulogne the sum
voted was 450,000 f. ; Calais, 300,000 E ; and Dunkirk,
1,300,000 f. The estimates altogether amount to the large
sum of 1,434,439,406 f. (57,400,0001.) According to accounts
from Algiers, of the 22d Jung•, ABD-EL-KADER was still
within the French frontier, waiting only for an opportunity
to renew his attacks. The Constitutionnel publishes a
rumour relative to the marriage of the Queen of
SPAIN, which appears little entitled to credit. France,
it says, will consent to her marrying a Prince
of Coburg, brother of the King of PORTUGAL and the
Duchess of NEMOURS, and England for this complaisance
will not object to a marriage between the Duke of MONT-
PENSIER and the QUEEN'S sister. Queen IsABELLA, ac-
cording to the same journal, is in very bad health, and had
been confined to her bed for three days at Barcelona. Indeed,
there is every probability that her sister will succeed to the
throne. No business was done in the funds at TORTONI'S on
Sunday.
The following are the quotations of shares on the Lyons
Bourse, June 26 :—Avignon and Marseilles Railroad, 980 f.,
end of June; Paris and Orleans, 1,173 E, ditto; Paris and
Rouen, 1,035 E, ditto; Orleans and Vierzon, 727 f., ditto;
Orleans and Bordeaux, 645 f., ditto; Boulogne, 585 f., ditto;
Montereau, 526 f., ditto.

Several articles and letters in type—among others two
about Westminster Hall—are unavoidably postponed, for
want of room.

INDIA AND CHINA.

In a second edition of the Morning Herald we find extracts
from the Bombay and Calcutta papers, brought by the Over-
land Mail. Their dates are Bombay, the 20th of May, and
Calcutta, May 7, with intelligence from China to the
20th of March. The Victoria steamer, with the mail, ar-
rived at Suez on the 11th ult., twenty-two days from
Bombay, bringing thirty-two passengers. She was dis.
patched eleven days in advance of the usual time in con-
sequence of the monsoon. British India remains perfectly tran-
quil ; the affairs in the Punjaub are still in a very unsettled
state ; Sinde was healthy—at least we infer the fact from
the silence of the journals that faithfully report every symp-
tom of illness and everything that tells against Sir C. Napier.
Akbar Khan had given up all thoughts of attacking
Peshawur, and the princes on the west of the Indus had
taken such alarm at the military operations of the gallant
Napier and his little gallant army, that they had written
to Dost Mahomed, entreating him to prevail on the
British authorities not to molest them. Furlough
had been granted to six regiments of Bombay
native infantry, each of which bad about 200 men
absent on leave—the best proof of the tranquillity of the
country. The news from China is without interest, and we
find nothing in the money or stock markets that require
notice. Sir Henry Hardinge was still at Calcutta, and the
Company's dominions supply no new intelligence whatever.

LLOYD'S SHIPPING.

LONDON JULY I.—Wind southerly, and rainy.
..,

DEAL, JUNE 30.—Wind 7 P.M., W.S.W., moderate.—Acrd. Royal
George, Greeves, Port Phillip ; Clifton, Penang; Margaret, Kitto,
Cape of Good Hope ; Switzerland, Knight, New York ; Susan Crisp,
Cox, Cape of Good Hope; Hastings, Montreal; Au-Am barque, New
York for London. sld. John Weavel, Sierra Leone.
OFF DARTMOUTH, JUNE 29.—Herald, Warren, Pernambuco for
Hamburgh ; Henry Francis, Mobile for St. Petersburgh.
PORTSMOUTH, JUNE 30.—Wind W.N.W.—Off, Duke of Argyle,
Bristow, Madras.
COWES, JUNE 30.—Arrd. Solide, Ericksen, Bahia.
NEWPORT, JUNE 30.—Ski. Pascoe Grenfell, Grenada; William Tell,
St. Thomas's.
SaLcomaE, JUNE 30.—Arrd. Albatross, Gibraltar.

FALMOUTH, JUNE 30.—Wind S.W., moderate.—Arrd. Lord Russell,
Newport for Grenada, leaky. Off, Rhein, Havannah, and sailed for
Antwerp.
2t).—Arrd. Elizabeth, Carglfr for Leghorn L cargo
shifted.

IlaistoL, JUNE 30.—Wind W.N.W.—Arra. Rose. Mead, Prince
Edward's Island.

SWANSEA, JUNE 29.—And. Underley, Bowden, Cuba.
CROMER, JUNE 29.—The brigs Joseph, of Manidsley, and Expe-
rience, of Bacton, parted their moorings, drove from their anchors,
and went ashore, and remain.

DARTMOUTH, dczse 30.—The Herald, Warren, arrived off this port,
on the 27th instant, at midnight, fell in with a vessel on fire, and on
going near her at daybreak found her, by appearance, a barque laden
with cotton. She was nearly burnt to •the water's edge, but the fire
was still raging fiercely ; run from her under easy sail, but could see
nothing belonging to her. The Duke of Argyle was lying-to, near
the fire, at the time.

PoRT TALBOT, JUNE 29. —The Magnet, Davies, from Swansea,
which was ashore on the south side of the Channel, has been got off
without damage, and brought in here.
LIVERPOOL, JULY 30.—Arrd. Sarah, Birkett, Sydney; John Chris-
tian, Thomas, China; Hugh, Walker, and Mary, Stoddart, Calcutta;
Lima, Ford, Phnn, Pudding Island ; "Monarch, Susan, and Walpole,
New Orleans ; Aurora, Ceylon ; Queen and Windsor Castle, Mobile ;
Colo-sus, George Scholtleld, and Thomas Harrison, Apalachicola ;
Espindola, Savannah ; Jos. Calder and Swatara, Charleston. Sld.
Kestrel, for Valparaiso ; Lawson, Montreal ; Henry, China ; John,
Cooper, China ; Argyle and Duncan, Calcutta ; Isabella and Standard,
Demerara ; Catherine, Santa Martha ; Solon, New Orleans ; Eli,
Whitney, Boston ; Agnes Emery, Camuck, and James Dean, Quebec.

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