The Sun.
London, England, 1845-02-12 00:00:00

e A. Lqli-ilc :,ititt

LONDON, WEDNESDAY, FEBRUARY 12, 1845.

In the House of Lords last night, on the motion
of the Earl of SHAFTESBURY, it was agreed that
no petitions for private Bills should be received
after the nth of April, and that no report of the
judges on such Bills should be received after the
.sth of June.

The LORD CHANCELLOR gave notice of his inten-
ion to introduce a Bill on the subject of Charitable

Trusts.

After the Marquis of NORMANBY had drawn
their Lcrdships' attention to the hasty manner in
which Bills were hurried through at the close of a

session,

Lord BROUGHAM rose to present a petition, com-
plaining of the delays which took place in the Court
of Bankruptcy, in consequence of the non-attend-
ance of the Commissioners. A short conversation
ensued, and ultimately Lord BROUGHAM handed
the petition to the LORD CHANCELLOR in order
that an inquiry might be instituted so as to give
the Commissioners an opportunity of offering some
explanation.
Their Lordships then adjourned until Thursday.

The House of Commons met at a Quarter before
Four o'clock, and Sir T. FREMANTLE took the oaths
and his seat for Buckingham.
After the presentation of various petitions, the
Railways Bills Committee of Inquiry was appointed,
on the motion of Lord G. SOMERSET.

Among the notices of motion given was one by Mr,
liramacE for the 25th inst., on the subject of the
Court of Session in Scotland, and one by Mr. ROE-
BUCK on the subject of the Acts passed by the Cana-
dian Legislature.
Sir J. GRAHAM promised to lay the returns which
had been moved for on the subject of the Ecclesiastical
Commission, on the table.of the House before Easter•
The Right Hon. Baronet also stated, in answer to
Lord DALMENY, that he thought he should introduce
some measure on the subject of the Scottish Poor-
law during the course of the present session.
Mr. WALLACE then rose to submit to the House
the motion of which he had given notice on the sub-
ject of railways. He objected to the Railway Com-
mittee of the Board of Trade as an unconstitutional
body, but at the same time said that he had no
objection to make personally to any member of
that Board. He complained that, by their proceed-
ings, they were discouraging competition, and de-
priving the people of a free trade in railways,
without which they must virtually become the slaves
of the railway companies. In allusion to the Rail-
way Committee which had been appointed in 1844,
he said it was a one-sided Committee, consisting prin-
cipally of persons connected with existing railways,
and that its reports were received with distrust. He
attributed all the speculation and gambling which had
arisen, to the publication of the Committee of the
Board of Trade of their awards in the Gazette.
The Hon. Gentleman then animadverted on the high
rate of fares charged on English railways for third-
class passengers, and on the inconvenient times at
which the third-class trains started ; while, in Scot-
land, in consequence of the railways being exposed
more to competition, the poorer classes were better
accommodated, and at a cheaper rate. He was op-
posed to railway amalgamation, as it was against the
interests of the public ; but he was in favour of rail-
way competition, in order to support which he
proposed that companies should be required to give in
tenders of the cheapest rate of conveyance. Railways,
he contended, were public property, and therefore
ought to command the attention of the Legislature.
He proposed that, with a view to ascertain correctly
the statistics of railway travelling, a set of experi-
mental carriages should be worked by the Post-office ;
and concluded by moving for leave to bring in a Bill,
repealing the Railway Act of last session.
Mr. EWART seconded the motion, but doubted the
policy of calling upon the Government to take tenders
for the formation of different lines from different
companies. He thought that the Government ought
to abstain from all interference in the matter, and
proposed that a board of scientific men should be
appointed to advise Committees of the House on such
matters as might be submitted to them by those Com-
mittees.

Lord HOWICK contended that, under existing cir-
cumstances, it would be impossible to constitute an
impartial tribunal to adjudicate upon the claims of
competing lines of railway, and proposed, as a remedy,
the adoption of the plan acted on in France and other
Continental countries, while, in order to do justice to
the projectors of lines of railway, he thought that
Parliament might fairly call upon the parties to whom
the line should be conceded to make them a proper
remuneration. The Noble Lord concluded by urging
on the House the necessity of adopting some measure
on the subject, or it would be utterly impossible for
them to get through the 2.18 Railway Bills which
were to be submitted to their consideration this

esfion.

Colonel SIBTIIORP, although not often agreeing
with the Noble Lord, did certainly agree with him on
this subject ; but asked how it was that the Noble
Lord had not made these suggestions on former occa-
sions ? The Gallant Colonel then alluded to the ques-
tion he bad asked the other night, as to whether any
of the members of the Board of Trade Committee
were connected with railway schemes, and said that
he at least should he an impartial juror, for he never
hid been, and never would be, connected with any
railway.
Mr. GISBORNE deprecated any interference with the
policy of the Act of last session, which contained
nothing authorising the Board of Trade to publish
their decisions in the Gazette. He attributed no
dishonour to the members of that Committee, but
there could he no doubt but that their decisions had
transpired before they were published, and those de-
cisions had created such distrust, that he thought it
advisable that some less objectionable tribunal should
be established.

Mr. J. S. WORTLET thought the Committee of the
Board of Trade ought not to have published their
decisions until they had communicated them to
Parliament.

Mr. WARBURTON objected to the plan of Lord
liowicx, as tending to divert capital from British to
foreign railroads. The remedy for the evils com-
plained of was to admit the fullest and fairest com-
petition, and to give every opportunity to new com-
panies to compete for new lines.
Mr. BANKES complained of the preference given by
the Board of Trade to the Great Western over the
South-Western Company's line of railway, through
the part of the county with which he was connected.

Sir ROBERT PEEL hoped the HOUR" would post-
pone coming to any decision on the subject. If it
could be shown that the Board of Trade had come to
an impolitic decision in rejecting any line, he felt
assured that the line would receive every consideration
sad attention. The value of the decisions of the
Board would rest entir:•ly upon the grounds which
they could give for their decisions. Until those
grounds should be known, it would be• utterly im-
possible for the House to determine definitively what
course it should adopt. In the meantime, he hoped
that no interference would take place with the present
practice of the Rouse.

Mr. BANKES explained.
After a few words from Mr. BANKER and Mr.
RUSSELL,

M lir
,v ARLEY rO3?, and commenced by reiterating
his complaints against the prolixity of lawyers before
Committees. The light lion. Gentleman then pro-
ceeded to draw the attention of Sir JAMES GRAItAm
to an articl€ hich had affeand in the Economist,

charges might be made against them. The Right
Honourable Gentleman proceeded to vindicate the
character of the Board of Trade, and that of the Corn-
mittees of the House from the attacks of Mr.
WAKLEY.

After a few words from Mr. WAKLEY, Mr.
BROTHERTON, and Mr. DARBY, the Motion was
withdrawn.

Mr. WAHLEY then moved for a return of the de-
scription of diplomas or licences admitted by the
Poor-law Commissioners as legal qualifications to
entitle medical practitioners to be appointed as medi-
cal officers to Poor-law Unions, which, after a few
words from Sir JAMES GRAHAM, was agreed to.
Captain PECHELL moved for certain returns re-
lating to the crushing of bones by paupers in work-
houses, and deprecated their being employed in such
labour.

Sir JAMES GRAHAM had requested the Commis-
sioners to issue orders to prevent it, but they could
not control boards of guardians in such matters.
Lord EBRINGTON defended the employment of
paupers in bone crushing. If the work was fit for
independent labourers, it was not too bad for paupers.
Captain PEcirEm. and Mr WAHLEY both animad-
verted severely on Lord EBRINGTON'S observations.

Mr. ROEBUCK taunted the Honourable Member
for Finsbury with his former speeches against the
Poor-law Commissioners, who, after all, instead of
being pinch-paupers, were the defenders of the poor
against the inhumanity of the guardians.
Sir C. LEMAN defended the employment of paupers
in this manner.

Mr. WAKLEY replied to the taunts of the Hon.
Member for Bath, and after a few words from Mr.
HENLEY and Mr. S. CRAWFORD, the motion was
agreed to.
Sir JAMES GRAHAM then rose to move for leave to
relative to the conduct of the Messrs. O'BRIEN, one
of whom had once held the office of secretary to the
Right Hon. Baronet, but had since been appointed
one of the members of the Board of Trade, and ealled
on the Right Hon. Baronet for an explanation.
Sir JAMES GRAHAM, in allusion to the accusa-
tion which had been brought against Mr. O'BRIEN
of dabbling in railway shares, stated that that
Gentleman, on whom he passed a high eulogium,
had been his Secretary before his appointment to
the Board of Trade ; that on his appointment, he
had, as far back as October last, sold all the railway
shares which he possessed. That the gentleman
whose name was referred to in the Economist, was
the brother of Mr. O'BRIEN, that he was not con-
nected with the South-Eastern Railway, and that both
gentlemen had solemnly assured him, on their honour,
that neither directly or indirectly had they held any
communication with the person alluded to as having
taken advantage of information obtained from the
Board of Trade. If any suspicion attached to either
of those gentlemen let inquiry be made, and let them
stand or fall by that inquiry, but the character of
men of honour, who had served their country with
credit, ought not to be whispered away, when direct
bring in a Bill to amend the law of settlement,
During the recess he had received many communica-
tions on the subject of the measure which he had pro-
posed last year, all of which he had attentively con•
sidered. There were many parts of the measure to
which no objection had been made. Those parts he
proposed to retain. Great objections had been made
to giving the Act a retrospective effect ; and he there-
fore proposed that its operation should be prospective
only, and he was also disposed to give up the birth
settlement, and the five years' industrial residence,
but he intended to abide by the ether limitations
which he had introduced into the measure. He also
proposed to substitute union settlements for parochial
settlements, and would allow a sufficient time to
elapse before the second reading of the Bill to enable
the country well to consider this important alteration.
After a short discussion, in which Colonel WooD,
Mr. BRIGHT, Mr. BROTHERTON, and Mr. B. DENISON
took part, leave was given to bring in the Bill.
Lord EBRINGTON moved for leave to bring in a
Bill to limit the exemption from turnpike toll of car-
riages carrying her MAJESTY'S mails.
The motion, which was opposed by the CHANCELLOR
of the EXCHEQUER, was negatived without a division,
and the House adjourned at Twelve o'clock.

When, on Saturday last, we directed attention to
the reply 'of Lord GRANVILLE SOMERSET, in the
House of Commons, to a home question that had
been addressed to him by Colonel SIBTRORP, touching
the alleged connexion of certain members of the
Board of Trade Committee of Railway Bills Inves-
tigation, we had really no notion how near at hand
was a case for the protest we had entered
against the possible tendencies of the constitution of
the body in question, both in that article, and in three
or four other previous papers on the same subject,
which may be in the recollection of the readers of The
Sun. It certainly did appear to us extraordinary at
the time that a public servant of Lord GRANVILLE
SOMERSET'S high character—a man by no means, we
should venture to surmise, addicted to the saying of
very civil things where parties have committed them-
selves to any impropriety—should have given so
jejune an answer to the Gallant Officer's inquiry. It
was at least a significant hope that the latter expressed,
that there was no truth in the rumoured interest in
railway speculations attaching to certain parties
among those who were delegated to report to Parlia-
ment on the merits of new or competing lines of rail-
road coming before the Legislature for its sanction,
If Lord SOMERSET'S reply 'had been limited to his
simple protestation of entire ignorance on the subject
of this rumour, we should have had no comment to
make upon it. But for his Lordship to have coolly
replied to a charge against official functionaries
so grave as this rumour involved, " that if the parties
took his advice, they would get rid of all their shares
in such undertakings, if they had any, as speedily as
they possibly could," did strike us as a very trifling
manner of animadverting upon the mere assumption,
Even, of so gross and palpable an impropriety. But, if
we were to believe the statement which has been
published in a paper of Sunday last, the matter
would almost cease to be any longer one of assump-
tion. It would look like "a great fact." The abuse
must exist. The opportunities of official station, in
this department, must have been scandalously perverted
to purposes of private emolument. , There must then
have been, in effect, as we surmised there might be, by
I ossibility, an antagonist influence at work in shaping
the decisions of the Railway Committee, against
which neither the merits of schemes, tor the legiti-
mate expectations of the enterprising Capitalists, could
have any just or equal chance. No man ought ever
to have permitted himself, we repeat, to sit at the
table of that Committee, who knew himself to be,
either directly or indirectly, interested in railway
speculations of any kind. That he should be guilty
of the indelicacy of adjudicating upon suggested lines,
in the success or rejection of which the storing of his
own private pockets must be a result immediately in-
volved, would suppose a recklessness of public opinion,
an unscrupulousness of jobbing, an insensibility to the
sacredness of a high State or Parliamentary trust, to
which we should feel it difficult to apply any epithet
of sufficient strength to express our reprobation.
Now, the same journal had informed the world that
portly after the appointment of Sir J. GRAHAM'S pri-
vate Secretary to a place at this Board, the brother
of that individual was engaged, at a large salary, as
manager of the South-Eastern Railway line. Poor
Sir JAMES ! In one respect—only—his official course
i 3 very like the course of true love—" It never doth
ruin smooth." He is always in a false position.
Now writing didactic epistles to magistrates or
governors of gaols, on the philosophy of imprison-
ment; or the moral luxuries of inventing model
prisons, and enforcing the penalty of solitary confine-
ment for certain crimes and misdemeanours ;—now
breaking seals and opening letters in the sanctuary
of the British Post-office, and afterwards causing
them to be forwarded, surreptitiously re-sealed,
or to be clandestinely conveyed—not into the hands
of the parties addressed by their writers, but into
those of diplomatic or other agents of foreign
powers, for the secret information of the latter.
Anon—his bigotry or his intolerance is within
an ace of making shipwreck of the Government
v Inch rejoices in his enviable co-partnership ; and
again, be is at his tortuous modes of defeating large
and liberal plans of factory or of popular educa-
tion; of enhancing the privations and punishment of
parties imprisoned for debt; reforming prison and
Poor-law-union dietaries ; or endeavouring to trample
under feet the whole of the general practitioner
bran-2h of the- medical
rofe,,sion. In the'rese before

us, his private secretary, a Mr. "D." O'BRIEN, hap-'
,pens to be appointed to a place at the new and salaried
Board of Railway Investigation Commissioners. It
further happens that the Mr. " W." O'BRIEN, who is
the subject of the Economists statement, had
been appointed to that influential post in the South-
Eastern Railway, shortly after his brother's nomina-
tion to the aforesaid Commission. It happens
again, according to the Economist, that the
Mr. e W." O'B.—by a rare felicity of
speculative calculation buys several hundred
shares of his own Company's Stock or Scrip, at
the very moment that the price has declined
considerably in the market, on account of a manifest
informality which must have been fatal to the appli-
cation for the contemplated extension of the lines con-
nected with the South-Eastern, according to the
standing order of the House of Commons as to rail-
ways, this session ; but which informality is mys-
teriously cured by a report of the Board of Trade
Committee, " in favour of nearly all the said proposed
undertakings, and against nearly all their opponents.'
Finally, it happens that on the 18th ultimo, the fol-
lowing notice was posted "on the Stock Exchange
in the usual course of business :"—" If 100 New
Dover Shares, bought in the name of 'WILLIAM
O'BRIEN, at 8i prem., are not delivered on the 22d
instant, they will be bought in by J. W. SCOTT."
So far, the strange statement we have given on the
authority specified.
Is it a true statement ? Are the facts as stated, in
their relations to Mr. W. O'BRIEN and his posi-
tion on the Staff of the South-Eastern Railway Com-
that it was in virtue Why was he selected
Com-
pany
y that officehi°v did
?Ae getwo tthoe
infere
of an old Irish mode or manoeuvre of jobbing, wherein
a sort of moral influence used to be brought to bear
on the pliant convictions of men engaged in the
management of private or corporate affairs, that it
would be for their interest to make a small nest in
their establishment for some very worthy young
gentleman, a connexion of some other very worthy
person, in a high influential position ? The case as-
sumes so serious an aspect, that we still think the proper
authorities ought to be instructed by Parliament to
ascertain and report, first, Ns ho the Mr. O'BRIEN of
the Stock Exchange notice is; secondly, whether infor-
mation, in some unofficial shape, was afforded, and by
whom, to that Mr. W. O'BRIEN, on the possibility or
intention of the Board's overlooking the defective
notice, which was afterwards set right by the Board's
favourable report on this especial application to the
House of Commons ? Now, last night, Sir JAMES
GRAHAM most handsomely testified to the high and
honourable character of both the Messrs. O'BRIEN
alluded to in this matter, his former and his present
secretary. After the Right Hon. Baronet's dis-
claimer, we are bound to believe they have, neither
of them, any communication with Railway Com-
panies. We are bound to accept, also, the Right
Hon. Gentleman's explanation of the retention of
the name of O'BRIEN on certain railway papers and
scrip. But Sir JAMES offered no sort of explanation
as to the grave charge, that secret information of the
proceedings of the Board is notoriously obtained by
certain gambling speculators in the money market.
In England we cannot tolerate in public or official
functionaries, this tampering with the integrity so
rigidly demanded of them by the tone of society and
the power of public opinion. The specific allegations
of our Contemporary are still answered but in part.
This important question remains :—How came
Mr. D. O'BRIEN to concur in the Board's report
on these projected lines in connexion with the South-
Eastern, seeing that the notice required by
the Standing Orders had not been deposited
within the utmost limit allowed ; that is, by
the 30th .of November last ? Perhaps Lord
GRANVILLE SOMERSET will take the trouble of insti-
tuting these inquiries, and apprising Parliament of the
result of them. Some positive information of this kind
will not be long dispensed with, we are very confi-
dent, either by the House of Commons or the public.

We have received Madrid journals of the 3d inst.,
but their contents are without interest. They con-
tain no accounts of rebellions, or plots, or the pronun-
ciamentos. The capital is quiet, so are the provinces,
and Spain at the present time may be pronounced one
of the most peaceful states in Europe : so well does
despotism suit the genius of the people.

On the 3d the Three per Cents. closed at 32i for
cash, and 33 at 60 days; and the Fives at 24 at 60
(lays.

The rage for speculating in railway schemes is even
greater in France than in this country, and has ex-
cited serious alarm that the evil will go on increasing
till a panic takes place, the .bubble bursts, and tens of
thousands becomes the victims of their blind cupi-
dity. From all accounts this mania is not confined
to Paris, but extends very generally to the provinces,
as in England, and has such an alarming appearance,
that a Bill is to be brought into the Chamber of Peers
with the approbation of Government, with a view to
check the evil. The anomalous state of the law is
thus pointed out by the Journal des Debuts, with the
main provisions of the Bill, which is to be introduced
forthwith :

tapeirCithamber of Peers to a
of wild speculation
which has been exhibited for some time past in railroads is to
giv"eibf iwrteh arein an early
b sitting
tofe
the
preposition which some of the Members will bring forward
with the assent of the Government. Each day sees a new
company start up for lines already contended for by nume-
rous companies. The collective capital of the companies thus
raised exceeds ten times the mass of the property that can be
appropriated to undertakings of this kind. •
This implies that
a great part of the subscriptions, the greater portion in all
probability, have no ether object than gambling. The dis-
orders'of 1830 have returned. In the present state of the law
whoever pleases may open a subscription, and may call for
payment of the tenth or twentieth part of it, as he thinks fit.
The legislator supposed that in our free countries the citizens
had sufficient discernment to distinguish between the foun •
ders of companies who merit confidence sufficiently to obtain
funds, and. mere speculators, who are capable of making an
abuse of deposits. But in that the legislator made abstrac-
tion of the moments, of which, during the last four years, we
have had so many examples, when madness seizes on spe-
culators, and the passion of gaming blinds a portion of
the public to such a point, as that men usually prudent seek
on any conditions after shares, no matter of what kind, ard
solicit bits of paper without, iu return, demanding for their
money the smallest of those guarantees which ought never to
be dispensed with in the ordinary course of business. The
object of the proposition about to be brought before the Cham-
ber of Peers is to cut short not only the real disorders which
have taken place, but the greater scandals which are possi-
ble, and which must in all probability occur, as the fever
seems to increase each day. It is henceforward to be for
to open a subscription for any undertaking of public
works, of which a Bill had not previously authorised the con-
cession or adjudication. By that means the number of lines,
which might serve as an occasion or pretext for the creation
of a company, would be extremely limited. The contraven-
tion of this enactment is to be punished by the penalties of
imprisonment and fin- inflicted by article 419 of the Penal
Code against manoeuvres at the Bourse. To render sub-
scriptions more serious, and to prevent a real or ficti-
tious exaggeration of the nominal capital of affairs in
course of being organised, it is to be enacted that the
first payment must amount to a fifth at least. Severe
measures are to be taken to prevent the abuses to
which the deposits of considerable sums remaining for
a length of time in hands not very safe might give rise.
The time during which a subscription is to remain open is to
be exceedingly limited—not more than a month at most.
That delay being past, of two things, one either the subscrip-
tion has been made up, or the sums subscribed have been in-
sufficient. In the first case all funds paid into the projectors
are to be transmitted within a short delay, a week for instance
to the Caisse des Depots et Consignations, which is to pay the
interest to the Company, if the latter, having obtained the
concession, shall be definitively constituted, or to the sub-
scribers individually, if bolder or more fortunate competitor
shall become the persons to whom the adjudication is made.
In the second case—where the capital has not been sub-
scribed entirely—the repayment of the sums paid in is to
take place immediately after the expiration of the month."
The late curious results of the division by
ballot appears to have made a serious impression on
the Chamber as well as the Ministry, and the
proposition of M. DUVERGIER D'HAURANNE to ab-
rogate vote., by ballot, has been referred, with the
consent of the Government, to a Committee. On
Monday M. DUCHATEL, the Minister of the In•
terior, presented the Secret Service Money Bill, and
briefly adverted to the state of the country. France
was at peace with all the world, good understanding
prevailed between her and England, trade, manufac-
tures, and commerce had greatly increased, Algeria
had been conquered, and was now peaceable. In
short, the country had never been in a more healthfu
or prosperous state ; and it was, therefore, for the
consideration of the Chamber, whether, by refusing
the usual vote, they would change the present system
of policy, or allow the KING'S Ministers to pursue
a course which had led to such happy results. They
had no wish to retain place except for the good of their
country, but should the vote be adverse, there
would be only one alternative left—their resignation.
The discussion on this Bill, which will include the
whole policy of the Government, is to commence on
Monday next, and in the meantime it will be sub-
mitted to the different Committees. According to the
Conslitutionnel, M. VILL.EMAIN, the late Minister of
Public Instruction, whose health is completely re-
stored, complains bitterly of the conduct of the Mi-

nistry towards him. He absolutely refuses to accept
the pension which they have obtained for him, and
insists, not only that the Bill for the grant should be
withdrawn, but that it be so done by an ordonnance.
This, he maintains, is the best compensation they
owe him for the precipitation with which they have
heaped upon him the consequences of an affection
which, though serious, was but accidental and tern
porary.

On Monday the Funds were rather more srm than
on the preceding days. The Three per Cents. were
quoted at 84f. 95c., and the New Loan at 85f. 90c.

THE BOURSE-- MoNDAy, FEB. 10.

First Highest Lowest Last

Price. Price. Price. Price.
French Five per Cents 122 30 122 50 •• 122 25 .. 122 50
Three per Cents.— *4 75 .. 84 85 .. 84 70 .. 84 75
New Loan •• 85 90 85 85 85 90 .. 85 85
Bank of France..,.... ,280 • • 3280 • . 3270 —340
Gouin Bank, I,ooof. Shares. • 1085 ..1085 —lOB5 .. 1085
Belgian 8ank........ •• •• •• 647 50 •. 647 50 .. 647 50 .. 647 50
Belgian Fives, 1840 ....•• 1043 .. 104 A .. 1043 i .. 104• U
1842 106 .. 106 !"2 106!. 1064,.'2
Apanish Threes •••••• . • • • • • 41% 41 . • 41 .. 41 N
Roman .. •

RAILWAY 811 A RES

St. Germain .. •• •• •• 1072 50 • - 1072 50 1070 ..1070
Versailles, 11.13... •... • • • • • • 562 50 .. 565 .. 56, .. 565
L.B • • • 402 50 - . 410 41,2 50 . 410
Rouen ••••••••••••••••••••1111 25 ..1111 25 ..11'8 75 1110
Rouen to Havre.. -1 5) .. 897 50 .. 897 50 .. 897 50
Orleans • .
Strasburg to Bale•• •• • ..... 317 50 .. 317 50 .. 316 25 .. 317
AvigThsn to Marseilles• • • • • • 947 50 .. 950 .. 947 50 .. 950
Bordeaux to Teste • • 265 .. 265 .. 255 260