The Sun.
London, England, 1842-04-27 00:00:00

Tr birr Valttton

IMPERIAL PARLIAMENT.
(THIS EVENING.)

HOUSE OF COMMONS.
There being only twenty-two Members present at
four o'clock, the House adjourned till to-morrow.

THE FUNDS-(CLOSING PRICES)
BRITISH FUNDS.
Bank Stock ... 167 i India Stock,
3pr Cent Red.... 913 Ditto Bonds
3 per Cent Cens 9222 !Ditto Old Annuities ...
31- per Cent Red.. lOO ;Dit te New Annuities...
New 31- per Cent
New 5 per Cent. , — Ditto 500/...
Long Annuities t.o expire I Ditto Small 3B prc
Jan. 1860 ... 12 9-16 Bank Stock for Acct ...
Oct. 1859. .... 12 7-16 India Stock for Acct....
Jan. 1860. ........ 12i Consols for Acct 9211
FO REIGN FUNDS.
Austrian, 5 pz,:-. rent.... Portuguese, 5 per cent.
Belgian, 5 pet cent lo4} Ditto, New Ditto 37•
Brazilian Bonds . .
Buenos Ayres 6 per eemt !Russian, 5 per cent......
Chilian 6 per cent — !Ditto, Metallic ..... .. ....
Colom4n, 6 per cent.. !Spanish, 5 per cent.,.... 241-
Ditto; 1824..........
Danish, 3 per cent — :French, 5 per cent. —l. —c.
Greek, 1825, 5 per cent I Exchange
Mexican, 5 per cent.... 34i- !French, 3 per cent
Ditto, 6 per cen!:. 1837 Dutch, 21- per cent.. 53A
Peruvian, 1825, 6 per ct. 19i Ditto, 5 per cent. .. . 104
SHARES.
Cheltenham and Great Western (724 paid) 20
Eastern Counties Railway (23 paid) .... —
Ditto New Shares ( paid) ......... ..... , 51 Is 8d
Edinburgh and Glasgow (50 paid) ... 54i
Great Western Railway (65 paid) 931
Ditto New Shares (50 paid) ... 65
Ditto Fifth (4 paid)
London and Brighton (50 paid)
Ditto Loan Loan Notes (74 r 1d)

pa. ...
London and Birmingham (90)
London and Greenwich Railway ( pd)
London and South Western
London and Croydon Railway (Trunk) l4
Manchester and Leeds (70 paid) ... .. 90
Ditto Quarter Shares 2 paid) .. 64
North :Midland Railway (100)
Piris and Rouen (16 paid)
South East.:rn and Dover (50 paid) 291

COMMON PLEA S-(THIS DAY.J
(Continued from our Afternoon Edition.)
CALLENDER V. DITRICH.

The Learned SERGEANT contended that the matters sub-
mitted to the Prussian tribunal were not the same causes of ac-
tion as were laid in the declaration here. The judgment in
Konnigsberg related only to the manner of shipment, and ex-
cluded altogether the consideration of the contract as to the
quality of the tares, and the condition in which they were to be
delivered. The contract was made in England, and both the par-
ties resided in England. If, however, the judgment of the foreign
Court, to which the plaintiff had chosen to apply in the first
instance, (and which was put in upon the trial here) had re-
lated to the causes of action, upon which the plaintiff seed in
in this Court, that judgment might estoppe this action ;
but it was not se, the quality and condition of the tares at the
time of delivery were wholly overlooked, and judgment was
given only on the ground of lapse of time. Further, this
action was to be considered as one for the recovery of money
paid, and for which the consideration had not been received.
Mr. Serjeant BOMPAS in reply, contended that the copy of
the Prussian judgment, produced at the trial, must be taken
as conclusive ; the Court had the whole case before it, and had
decided that the plaintiff was excluded by their law from re-
covering upon any part of his contract; and in that view it
must be admitted, upon all the authorities, that a person having
appealed to a foreign tribunal, upon a matter which came
within its jurisdiction, and having had its judgment against
him, could not sue again upon the same matters in the Courts
of England.
The Coy RT were of opinion that on the face of the judgment
it was not sufficiently clear that it related specifically to the
same matters and things upon which the plaintiff sued here.
It was not possible, without parole or other evidence of the pre
vious proceedings, that the Court could receive it as applying to
and determining the issues in this action. The verdict there-
fore must be entered for the plaintiff.

SPIRIT of the PUBLIC JOURNALS.
FROM THE EVENING PAMIRS OF THIS DAT.
STANDARD.—We have to lament that the
Southampton Committee persists in a course calcu-
lated to attract odium to the new system of tribunals
established for the trial of controverted elections—a
system which, except in this case, has worked admirably.
It is true that the extraordinary conduct of the Com-
mittee in question is merely the result of ignorance
of the first principles of law, or of indifference to
the established legal rules, and that therefore it
affords an argument against all trials by Members
taken promiscuously from such a body as the House
of Commons ; but the public may not look deeply into
the matter, and may therefore hastily impute as a de-
fect in the constitution of election committees, what is
really a vice inherent in the materials of which com-
mittees must be formed, so long as they are confined
to Members of the House of Commons indiscriminately
taken, that is to men for whose legal knowledge there
can be no sufficient guarantee.
COURIER.—The strongest of all the objections,
however, urged against the Copyright in Designs Bill
is that propounded by the Hon. Member for Coventry,
who contended that there was no such thing as origi-
nality in designs, and that the only thing in the shape
of originality consisted in the production and reproduc-
tion of combinations of old patterns. If this were the
case, the argument would go to prove that no protec-
tion either of two months or of three months, much less
of nine or twelve months, was required for ensuring the
prosperity of arts and manufactures; but here all the ma-
anufacturers, with the solitary exception of the pirates
of Manchester, are decidedly opposed to him, and al-
though not altogether agreed respecting the period of
protection to be granted by Mr. Tennent's Bill, never-
theless perfectly unanimous as to the utility of .some
protection. Besides, even allowing Mr. Williams's
doctrine, that there is no originality in designs,
to be correct, and that the patterns which come out
from time to time under the pretence of being
original, are neither more nor less than the pro-
duction and re-production of old patterns under dif-
ferent combinations—what does that signify ? The
combinations may be varied ad infinitum—improve-
ment in their arrangement, and in every element
that constitutes originality to suit the tastes
and wants of the community ; and why, we
would ask, ought not the man who expends his
time and his capital in such useful labour, be
as much entitled to the protection of the law
as he who has invented something entirely original, if
indeed there be anything original either in nature or
art ? Trace all the varieties of the latter to their true
sources, and it will be found that, from the blow-pipe,
which melts the hardest metals, up to the steam-engine,
which supersedes the labour of a thousand hands, and
wafts our vessels from pole to pole, there is nothing in the
shape of what is termed an invention, but an ex-
tended imitation and application of powers and con-
trivances previously in existence. We cannot, there-
fore, concur with him in the opinion that be-
cause there is, in his opinion, nothing original
in designs for different species of manufactures, they
ought not to be protected. They have been protected
in France during a series of years, to the great bene-
fit of the designer and manufacturer, and why should
they not be protected here also? unless, as Mr. Emer-
son Tennent humourously observed, it can be proved
that our neighbours have been gifted with glands for
the special secretion of taste in designs, with which
Providence has not been pleased to endow the sons of
our more northern region.
GLOBE.—There can be no doubt that Mr. Fleming
has no legal excuse whatever for refusing to answer
the question that was proposed to him ; and his own
avowal, that his reply could not criminate himself,
proves that he has no pretext for his present behaviour,
but such as is to be found in the very vague privileges of
"a man of honour and a gentleman." Is there any one
that would be disgraced by the Hon. Member's reply to
the question put to him ? And, if there is, would it not
have been better to have thought, at the time he en-
tered into the transactions or negotiations which are
*now the subject of investigation, how far his being
concerned in them might at any future period inter-
fe .e with his feelings, or his position, as " a
man of honour and a gentleman ?" The
first duty every gentleman owes to society is
obedience to the law. No man need get himself in-
volved in matters which might cause him to have no
alternative but despising the law, or making a sacrifice
f honour. When the laws of honour and those of the
land come into collision, one must be right and the
other wrong; so that a gentleman can have very little
difficulty in deciding to which he owes obedience.
The only way in which Mr. Fleming can with cre-
dit withdraw from his present position, is by conform-
ing to the resolution of the House, or by being released
from (the obligation to answer the question that the
Committee has put to him. The interrogatory is either
one that it was improper to put, or to which it was
wrong to refuse to answer. The only course to
be pursued by " men of honour and gentlemen " is,
that the party which has erred shall recede at once
from the ground that it has taken. The extraordi-
nary course adopted by Mr. Fleming is calculated to
inflict injury on innocent individuals, of the highest
rank, by exciting suspicion that they would be com-
promised .i)v his disclosures, were such fully and fairly
made to the Committee in answer to the question
which he has refused to answer. We have heard
the name of an illustrious Duke, who, though not
!folding office, takes a leading part in her Majesty's
eJuncils, associated with the 5007. referred
to. We
give no credence to the rumour, which is, how-
ever, sufficiently rife to deserve notice, and to
call for contradiction. The best way of satis-
fying the public mind on the subject, and to
prove that the nobleman referred to is free
from the imputation east upon his reputation
by the suspicion, is for Mr. .Fleming to produce the
list of subscribers to this election fund : and as he
asserts that the money was applied to purposes per-
fectly legitimate, he will neither criminate himself nor
implicate others by his evidence ; while to persist in
refusing to answer the question as to the parties who
supplied this money, he will fasten suspicion on him-

THE SUN, LONDON, WEDNESDAY EVENING, APRIL 27, 1842.

PERSONAL PROPERTY OF THE
QUELN OF SPAIN.
The revolution of September, 1840, made im-
portant changes in the domestic circumstances and
management of the personal property of the Queen of
Spain, Isabel 11. In consequence of that event and
the contemporaneous abdication of the Regency by
her Majesty's mother, Maria Christina de Bourbon,
she and her sister, Infanta of Spain, were left in a
state of parental and political orphanage, and the
royal patrimony without other administrator than the
Government and Cortes of the nation. It is hardly
possible, indeed, to conceive a case of more complete
separation from friends and family than that in which
the royal minors were placed. Their father, Fer-
dinand VII., long dead ; their mother become the
wife of another husband ; their elder uncle Don Carlos
an enemy, and proscribed the country; his brother,
Don Francisco de Paula, and his family, residing in
France at the time ; the fate of the children and of
their estates devolved into the hands of the nation.
There was not even one of their kindred or relatives
at the time to look after them. in their abandonment,
or to look to their interests.
It is necessary to keep these particulars in view in
considering their fortunes since ; and an account of
the Queen's household and patrimony, recently draw n
up and addressed to her Majesty's guardian, Don
Augustin Arguelles, by the intendant or adminis-
trator of the palace, Don Martin de los Heros, the two
individuals charged with the care of her Majesty and
her sister, and their property. Only six hundred
copies of this Memoir, of which you may have seen
partial extracts in the Spanish journals, have been
printed for private distribution.
M. Heros commences by making a few remarks on
the numerous complaints raised against him and her
Majesty's guardian for not having made more ex-
tensive changes in the household, and management of
the royal patrimony, on entering into office in August
last. The people having seen for seven years pre-
viously the household and royal patrimony so scanda-
lously and ruinously mismanaged, it was but natural
that the nation would come to the conclusion that a
complete change of administration was required. M.
Heros, however, shows that the complaints made
were, at least, not all well founded, and that it would
have been imprudent and unjust to comply with all of
them. Some idea of these complaints, and the em-
barrassing position in which they placed the author
and M. Arguelles, may be formed from the following
passage in the Memoir "
During the five months I have been now in office,
and I presume the same must have happened to you, I
have been plagued by a greater number of applications,
complaints, scandals, and animadversions, than ever
fell, perhaps, to the lot of one man. The old ' Servile,'
the modern Carlist,' the Liberal' of a former, and
the Reformer' of the present day, those within
and those without the palace, all run upon me, some
wanting to be promoted, others saying that they were
persecuted for this or that political opinion, and more
complaining of this or that person exercising undue
influence in the affairs of the palace. In a word, all
sought to. be placed, replaced, pensioned, or indemni-
fied ; and still worse, to remove others without any
better reason than that the applicants would get their
situations. None seemed to recollect that Spaniards
of all denominations contributed to the support of her
Majesty, that to proscribe for mere political opinion
would be unworthy of her service, and that in the
Rey-al household there were old and faithful adherents,
that domestic habits and affections had been formed,
and which it was of importance to the young Queen's
personal comforts and happiness to respect."
M. Heros next proceeds to describe the state in
which he found the Royal Treasury on entering into
office. On the 31st July, 1841, when the works were
delivered up to him, he found in the Treasury 576,5951.
sterling. Of this gross sum there were only 10,3741.
sterling in cash, the rest being made up of bills, &c.,
of one kind or other. Since that period some 12,0001.
sterling of these bills and credits have been realised,
so that the available moneys in the Treasury on
his entering office imay be set set down at 22,0001.
sterling. The difference between this sum and the
gross one stated above, was chiefly made up of
385,9241. sterling in bills upon the provinces, given
by former Governments in payment of her Majesty's
allowance from the State, but which were never paid,
and remain without hope of being so ; and of about
153,740/. sterling in Spanish bonds, the coupons
of which have been since capitalized. No state-
ment of the sum found in the Treasury on the
abdication of Maria Christina is given—a circum-
stance in the history of the Treasury which the
reader will not confound with the period now under
consideration, the provisional Regency having pre-
ceded Arguelles and Heros.
M. Heros now proceeds to show the net sum due
by the State to the young Queen, the 385,924/.
sterling in unpaid bills in the provinces mentioned,
above, forming only a part of what is still due to
her. He makes out the sum due to her as follows :
In August, 1835, the annual stun of 280,0001. ster-
ling was settled upon her by the Cortes, which, from,
that period to December, 1841, would have amounted'
to 1,796,6661. sterling. Of this sum, however, only
1,472,786/. sterling ,were paid her, leaving a deficit
of 323,880/. sterling. But as a considerable portion
of the orders given in payment by the Government
were not paid, orders which M. Heros gives in detail,
but which I must not state in detail, he brings the
State in debt to the Queen at the present moment to
the amount of 881,262/. sterling. M. Heros has been
active in his remonstrances to the Government to
provide means of paying up this sum.
u
M. Heros next refutes the reports of the incomes
derived from the Royal
papinat.rimlnontice
roerignpeorfsotnhael
estateslast
Sovoefregn,
the
eQeen oFerdinand the Seventh, the incomes
of this kind from Catalonia, Valencia, and the Balearic
Islands, amounted to 43,4191. sterling per annum ;
but according to the information yet received by M.
Heros, they will not amount this year to more than
7,6801. sterling, owing to the difficulties of collection,
and changes made in various taxes which formed a
part of the revenue as received by the late King. A
minute account of the causes of the diminution of
the Royal income in these provinces is given by M.
Heros. The property of the Royal Convent of
the Escurial is next brought under consideration. At
the time the convent was suppressed, with all the
others of the kingdom, in March, 1836, it was sup-
posed that a large addition would have been thus
made to the Royal patrimony, or rather the income
derived from it. These expectations have not at all
been realised. The portions belonging to the Crown
and to the monastery, and which latter has become
that of the country, are not yet satisfactorily made
out. Not only has no revenue been yet derived from
the suppression of that convent, but the preservation
of the buildings ;and payment of eighteen chaplains
to perform service there, at a salary of 60/. sterling
each, have entailed a considerable expense on her
Majesty. A Committee, however, is now sitting, and
have made considerable progress, in determining the
portions belonging respectively to the Crown and the
State.
The next section of M. Heros' Memoir is devoted
to the sums received and paid by him since his ap-
poin..tment. During the five months he has been in
office, he received from the Government and other
source' 79,4641. sterling, of which sums lie has paid
out in the expenses of the palace, 67,570/. sterling.
The items I need not set down ; but it is satisfactory
to be able to state, that the officers of the household,
servants, pensioners, &c., are now regularly paid, as
much so, indeed, as at any Court, perhaps, in Europe.
With this part of his subject M. Heros connects some
important reflections on the management of the nu-
merous pensions paid by the Crown of Spain, but
which I cannot find room for here. Some interesting
remarks are also made in this part of the work upon
the attention paid to her Majesty's personal cir-
cumstances.
"From the receipts of the Royal Treasury, during
the last five months, we have been able to extend the
small sum of five pounds sterling, formerly allowed
her Majesty for private charity, to ten pounds sterling
per month. Her Majesty's wardrobe has been also
supplied with costly articles suited to the dignity of
the person for whom they have been provided, and her
apartments fitted up with several articles of new fur-
niture. Fit persons have been also appointed to take
charge of her Majesty's jewels and library, and new
liveries ordered for all the servants and guards of the
Pniac Royal demesnes."
The a'
The id
state of the palace of Madrid, and of all the
others belonging to the Crown, as those of the Pardo,
Aranjuiz, the Escurial, and San Ildefonso, have been
examined by the proper architects, and considerable
sums laid out on their repairs. In fact every depart-
ment of the Royal establishment and patrimony has
been carefully looked into, and some important im-
provements made. In speaking of those effected in
Aranjuiz, Heros gives the following list of the
Royal stud there, which I state as a matter of curio-
sity. The breeding establishment there consists at
present of 313 males, 121 colts, 117 fillies, 83 geld-
ings, 93 mules, 2 sires of the horse kind, 7 ditto of
the largest sized ass kind, and 4 females of the latter
breed. The reader will be rather surprised at the
fewness of the sires of the horse kind stated. This is
explicable by the knowledge of the fact, that it is
usual to use all the carriage horses of her Majesty for
this purpose. When the proper reason arrives, a
number of these are sent down from Madrid to
Aranjuiz, and having served the purposes of their
mission, are conveyed back again to the Royal
stables of the capital. M. Heros, however, I
see, proposes to import some English and Mecklen-
burg sires for the use of the Royal stud at Aranjuiz.
Some of the former were brought over during the
reign of 'Ferdinand ; but owing to the extraordinary dif-
ference between the temper of the English and Spanish
horse, and the timidity of the Spanish grooms, those
which arrived at Aranjuiz were treated more like
beasts than domestic animals, and I believe soon pe-
rished. It M. Heros, therefore, will go to New-
market, he will also have to take ce :1 English

groom or two, or his labour and money will be lost.
The list given. above is eN.eitisi•vc of the numerous and
magnificent collection of horses and mules in the
royal stables at Madrid.

1806 he regenerated, on a footing of solid magnifi-
cence, the _tiaras, or breeding establishments of tLe
old monarchy in all their pristine splendour ; but he
soon pounced upon the German horses, and brought
home with him all that was worth having in Mecklen-
burgh, Hesse, and Baden.

Heros next enumerates the dismissals and ap-
pointments made in the household by him and M.
Arguelles. The persons filling the high situations,
and in nearest communication with her Majesty, are
the Marchioness of Belgida, the Countess of Espoz y
Mina, the first as Camarera Mayor, and the latter as
her Majesty's governess, to whom I understand .she
is particularly attached. On the removal of M.
Oribe, Patriarch of the Indies, from the office
of confessor to her Majesty, M. Busto, Bishop of,
Tarragona, was appointed. The brother of the Duke
de la Victoria, M. Antonio Fernandez Espartero, an
ecclesiastic, well known for his piety and the purity
of his morals, has been made one of the chaplains of
the Royal chapel.
Having dispatched the subject of removals and ap-
pointments in the household, and the improvements
and repairs in the patrimony and palaces of her Ma-
jesty, M. Heros goes on to remark upon three impor-
tant points, namely, the property which Ferdinand
the Seventh had in shares in the Bank of San Fer-
nando at his death, the secret purse or savings set
aside by Maria' Christina, in 1833, out of her daugh-
ter's income, and which was carried on to 1840, and
lastly, on the existing doubt with respect to the share
of the jewels and personal property of the late King,
which respectively belong to the Queen and her siste-f
the Infanta. What has become of the bank shares no
one seems to know or to acknowledge. Some docu-
ments, however, in the Intendant's office prove their
existence. A like fate would seem. to have befallen
the secret purse set apart for her Majesty. In the
eight years which this saving was being accumulated,
there entered the Royal Treasury for the purpose
371,2231. sterling, of which the new banker of the
palace, on taking an account of the treasury after the
abdication of the late Queen Regent, was handed over
no more than 4,4701. sterling. And lastly, the persons
charged with the guardianship of her Majesty and
sister, have no means of deciding, in the absence of
the proper documents, which appear to be missing,
the property left or belonging to the Infanta. In
such case it is but natural to suppose that the deci-
sion of the doubts in question, and the usual provision
for the Infanta, will be referred to the proper law tri-
bunals and Cortes of the country.
In the whole of the memoir, it is remarkable that
not one word derogatory to the conduct of the late
Queen Regent, or of her management of the large in-
comes of the young Queen, is expressed. How much
of these incomes and of the jewels, &c. of the Crown
have been removed out of Spain, the public are left,
out of respect to the young Queen, in complete igno-
rance. The report, however, of the Committee ap-
pointed long since to inquire into the subject, will
one day or other throw some light on it.

Louis XVIII., notwithstanding his embarrass-
ments, founded several prizes. In 1819 we find
Latitat, belonging to the Comte de Narbonne—in
1820, M. Reinssec's mare Enigone—in 1823, cele-
brated by the good running of Nell, the first tho-
rough-bred mare foaled in France—and in 1824
Lucy belonged to the Duc d'Escars. France owes
this improvement in her breed of horses. principally
to the Due de Guiche, who so ably superintended
these breeding establishments, and under his auspices
Truffle, Milton, Tancredi, Rowiston, and Rainbow,
were destined to regenerate the bastardised equine
race of France, and old Cremieux brought over Tan-
den, the ci devant multunt in parvo, whose singular
adventure at Ascot must be ever fresh in the recollec-
tion of all sporting men.
Charles X. was too fond of shooting to care much
about horse-racing. The Duc de Guiche, however,
induced him to give some prizes, and in 1827, Vit-
toria, by Milton, out of Geane, added lustre to the
sporting annals of his reign. In 1828, M. Delaroque,
a Normandy breAler, ran his famous Zephyr, by
D. I. 0., out of Hebe, and in 1829 appeared M. de
Bastide's mare Vesta. In September, 1826, Lord
Henry Seymour made his debut upon the French
turf. He paid forfeit to the Lady of the Lake for
his horse Felix. His successes with Frank and An-
nette has amply repaid him for his ill-omened com-
mencement.

At the change of dynasty in 1830 Louis Philippe
appointed M. de Strada to succeed M. de Guiche, but
the Republican nominee knew just about a 3 much of
horse-flesh as a tailor, and in a short time undid all the
good that the Duke had prepared for him. The whole
of his exploits consisted in the purchase of Nimrod, a
great floundering coach-horse, which he bought in
England for 4001., and ultimately sold in France for
400 f. (161.)
Louis Phillippe at last got rid of M. de Strada, and
presented the Tiaras to the Due d'Orleans, who has ap-
pointed M. de Cambis to be Director. This gentle-
man, though not so good a judge as the Due de
Guiche, is very superior to his predecessor. Under his
auspices the Raras has regained its lost splendour, and
now contains within its precints Vittoria, Eva, Sweet-
lips, Margarita, Jenny Vertpre, Chevrail, and Cama-
rilla. The Duc d'Orleans takes great interest in the
rise and progress of the establishment, and frequently
passes several hours during the week in inspecting his
young proteges.
IMPERIAL PARLIAMENT.

HOUSE OF COMMONS, Aprtl 26.
The SPEAKER took his seat at Four o'Clock.
SAUNDERSFOOT HARBOUR BILL.
On the motion of Mr. R. PHILIPS, this Bill was read
a third time, and passed.
SOUTH METROPOLITAN GAS BILL.
On the motion of Mr. KEMBLE, this Bill was read a
second time.
BOLTON AND WESTHOUGHTON ROAD BILL.
This Bill was read a third time, and passed.
BOLTON AND PRESTON RAILWAY BILL.
This Bill was read a third time, and passed.
BOSTON HARBOUR BILL.
On the motion of Mr. GREENE, the Boston Harbour
Bill was withdrawn.

ORIGIN OF 110ItSE RACES IN
ENGLAND AND PhANCE.

We have no means of ascertaining the period at
which horse-racing commenced in England. There
are, however, authentic records still existing, de-
scribing some races at Epsom during the reign of
Henry the Second. Under Henry the Eighth the
traces are somewhat more clearly defined. We learn
that " bluff Harry" was present at horse-races at
Chester and Stamford, where prizes were run for.
They might have been called steeple-chases ; for
there were some rasping fences on the race-course.
The prizes were valuable only for the honour due to
the conqueror, who received a small wooden bell, or-
namented with flowers.
James the First established a regular organisation
for these matters. There were fixed periods for the
races to take place. Race-courses were laid out at
Newmarket, Croydon, and Enfield Chase, and a silver
bell was substituted for the former wooden one.
Cromwell—all Roundhead as he was—had a num-
ber of brood mares. As a sportsman, however, he
must how before his Equerry, wbose famous horse,
" Place's White Turk," is well known in the annals
of ancient sporting.
After Cromwell came Charles the Second, and
from this period horse-racing may date the import-
ance which it has ever since maintained in England.
On coming to the throne, he found heavy chargers,
blowing like Grampuses, struggling against Flemish
hunters, which in the high and palmy days of Melton
would have been dubbed dray-horses. Charles, the
Merry Monarch, re-established the races which had
been instituted at Newmarket by James the First,
and which had
.been interrupted by the " crop-eared
knave" Cromwell. He also established the system of
giving prizes of value, and set the example by giving
a silver cup, value 100 guineas, to be run for. The,
era of thorough-bred horses may be said to have com-
menced under the reign of this jovial Prince. His
stables contained some superb Arab stallions, and he
packed off his Master of the Horse, Sir Christopher
Wyvil, in search of some thorough-bred mares. Sir
Christopher set out on his travels, but whether he
went to Arabia, Andalusia, Persia, Tartary, or India,
history saith not—certain, however,—it is, that he
returned to England with a string ofvery beautiful
mares, which were henceforth denominated the
" Royal Mares."
In the reign of Queen Anne, Arabian Darby, the
Lister Turf, which was bought by the Duke of Ber-
wick at the siege of Buda, and Curwar's bay Barb,
presented to Louis the Fourteenth by the Emperor of
Morocco, and eventually taken to England, obtained a
great celebrity in England. Darby Arabian may be
considered as the sire of a breed of horses which have

CROYDON RAILWAY BILL.
Sir J. EASTHOPE presented a petition from an in-
dividual, praying to be heard against the Croydon Rail-
way Bill.

BLACKWALL RAILWAY.
Mr. STUART WORTLEY brought in the London
and Blackwall Railway Improvement Bill, which was
read a first, and ordered to be read a second time.
LICHFIELD ELECTION.
Mr. DIVETT wished to call the attention of the
Right Hon. Baronet at the head of her Majesty's Go-
vernment to the provisions of the Controverted Elec-
tions Bill, for the purpose of ascertaining the opinion of
the House and that of the Right Hon. Baronet as to the
course that should be pursued under the circum-
stances which had taken place. A question had
arisen in the Election Committee of which he was the
Chairman, as to the attendance of witnesses who were
in prison. A question had arisen before the Committee
whether it was competent to the Chairman to direct the
attendance of those witnesses ; a consultation had
taken place among the Committee ; some of the
Members of which thought that it was competent
to the Chairman to do so under the 74th section.
He would now move that the Speaker do issue his war-
rant to the keepers of those gaols respectively, command-
ing them to bring up the said witnesses before the
Committee. He (Mr. D.) thought thae the 74th clause
of the Election Committee's Act would justify him, as
Chairman of the Committees in issuing a summons to
each of those keepers to the same effect, but as there was
some doubt on the point, he had resorted to
the present motion. At the same time, he would
ask the Right Honourable Baronet at the head of the
Government, whether the Committee had the power to
issue such a summons under the 74th clause of the Act ?
Sir ROI3ERT PEEL had great diffidence in answer-
ing the question, without some consideration before-
hand. The best opinion he could now give
was, that the Hon. Gentleman had taken the
proper course in asking for the interference of
the Speaker. Committees, it was true, had the power
of committing witnesses to the custody of the Ser-
geant-at-Arms, but the Act had overlooked the
probability of their wanting to get witnesses out of
prison. He believed similar difficulties had already
occurred tO Committees, and they applied to the Speaker
of the House to issue his warrant to bring up the re-
quired witnesses out of custody. On these grounds, he
(Sir R. Peel) thought the Hon. Member for Exeter was
now taking the proper course.
After a few words from Mr. C. WOOD,
Mr. ROEBUCK said it seemed an important point to
ascertain whether the House could interfere with persons
in custody under process from the Queen, and bring '
them up without a habeas corpus.
The SOLICITOR-GENERAL said the question
was how they could compel the appearance of
persons now in custody ' - he believed that the summons
of the Chairman would be of no effect, but he appre-
hended that an order of the House would compel their
appearance. The order would be addressed to the
gaoler, who would be bound to bring them up according
to it. and would be liable to punishment for a contempt
of that House if he did not. The gaoler also would be
examined, as his evidence would be material.
The motion that the Speaker do issue his order was
then agreed to.
SAUNDERSFOOT RAILWAY.

ever since remained unrivalled by other countries.
George the First and George the Second encou-
raged the breeding of horses; but the efforts of George
the Second were seconded by his good fortune in se-
curing Godolphin Arabian, which was taken out of a
heavy cart, which he was dragging about the streets
of Paris, and was brought over to this couutry. The
French novelist, Eugene Sue, has already celebrated
the glories and misfbrtunes of this famous horse.
The race of English horses may be, therefore, satis-
factorily traced to Arabia ; but in equine, as in other
nobility, the pedigree is ever found to contain some
admixture of plebeian blood.
In former days we were in the habit of putting
half-bred mares to thorough-bred stallions, but fortu-
nately the richness and innate " nobility," so to
speak, of the Arab blood absorbed all the vices of the
half-bred maternal blood, and the colts and fillies
were removed into the illustrious category of tho-
rough-breds. For the last century this practice has dis-
continued, and simultaneously with it the Arab blood,
the primary principle of the thorough-bred stock, has
rarely, if ever, been allowed the honour of admixture
with regular thorough-breds. English thorough-
bred horses, when carefully trained under the eye of
English trainers, have been found by experience to be
so immensely superior to the Arab breed, that in all
handicap races several pounds weight is invariably al-
lowed to Arabian horses.

On the motion for the further consideration of the
Report of this Bill,
Mr. GREENE rose with the view of obtaining- the
opinion of the House whether it he not inexpedient to
allow the introduction of similar provisions into Rail.
'ay Bills, to call the attention of the House to the
clauses relating to taking temporary possession of
land during the construction of the Railway,
and especially to the following clause (96) :
And be it enacted, That, subject to the pro-
visions herein contained, it shall be lawful for the Com-
pany at any time before the expiration of the period by
this Act limited for the completion of the railway, with-
out making any previous payment, tender, or deposit, to
enter upon and use any existing private roads not being
more than five hundred yards distant from the centre oe
the raik ay, and also to enter upon any lands not being
more than two hundred and fifty yards distant from the
centre of the railway,and not beluga garden, orchard,parlc,
plantation, planted walk, avenue, or ground planted and
set apart as a nursery for trees, and not being nearer
than five hundred yards to the mansion house of the
owner of any such lands, and to occupy the said lands
during the construction or repair of the railway, and to
use the same for any of the following purposes (that is
to say), for the purpose of taking earth or soil, by side
cuttings therefrom; for the purpose of obtaining materials
therefrom for the formation of the railway ; ur for the
purpose of forming roads thereon to or from the railway.
And, in exercise of the powers aforesaid, it shall be ;aw-
ful for the Company to deposit, and also to manufacture
and work upon such lands materials of every kind used
in constructing the railway ; and also to dig and take
front out of any such lands, any clay, stone, gravel, sand,
or other things that may be found therein useful or pro-
per for constructing the railway, or any such roads as
aforesaid. He proposed to have the words "two hundred
and fifty" struck out of the clause, and to insert instead
the words " one hundred."

It would be tedious to go through the list of cele-
brated names which are to be found in the " Stud
Book," the first of which was published in 1753. We
may, however, note down Eclipse, who was born in
1754, and died in 1789, after having made his owner's
fortune, and leaving behind him 320 colts and fillies,
almost all of which showed themselves worthy of their
sire.

If the English boast of the antiquity of their races,
they must yield the palm to France. The races
of Semur, a small town In the Cote d'Or, have
been carried on since the reign of Charles V. None
of the arrangements have undergone any alteration
ever since 1:.350. The races have always come off on
the same day, the Thursday after Pentecost. The
prizes have not been changed, viz., a gold ring, a
white scarf, a pair of gloves trimmed with golden
fringe, and a purse containing forty francs. Cen-
tury after century have these humble races been always
looked forward to at the appointed day, by the inha-
bitants of the surrounding neighbourhood, but seve-
ral ages elapsed before this premature love of sport
was engrafted into other parts of France. Before we
find the annals of any other races, we must leap from
1350 to 1776, from Semur to Paris, from Charles V.
to tie Count d'Artois and the Duc de Chartres.

The Duc de Chartres went over to England,
where he was much taken with the English customs
and habits, especially their method of training
horses. On returning to France his Anglo-mania was
so violent that he always appeared in public in tops and
leathers, and either a pink coat, or a Newmarket ; his
whole time and attention were given up to horses,
bets, and jockeys, and the young nobles of the Court
were delighted at finding this wide field of pleasure
and excitement thrown open to them—the huge pow-
dered wigs, the red heels, the stuff coats and waist-
coats were thrown aside, and Paris looked like a vast
stableyard.
. _

After a few words from Mr. LABOUCHERE sug-
gesting (us we understood) that the question should Le
postponed for the present.—The amendment was with-
drawn.

The Report was then received, and the Bill was or-
dered to be engrossed.

REFUSAL OF A MEMBER TO GIVE EVI-

DENCE BEFORE A COMMITTEE.

Mr. REDINGTON appeared at the bar, and said
that he was directed by the Southampton Committee to
inform the House ihat John Fleming, Esq., a Member
of the House, refused to answer a question put to him
by the Committee, on the ground that it would be
a betrayal of confidence improper on his part, and de-
grading to him as a gentleman, and although the Com-
mittee insisted upon receiving an answer he persisted in
his refusal.—(Hear, hear, and laughter.)
On the question that the Report be brought up being
carried,
Report on the table,
andlirsa.idßtEhaptitNheGCTlNmitltaeiedhtande done in this case what
the Act required, but they had not authority to deal
with it as with 'hat which they yesterday brought before
the House.—(Hear, hear.) They could not order a
Member of the House to be committed; and he 'had
now to ask the House to interpose, and that, as
they had yesterday compelled a witness to answer
th would not now allow any other to refuse.—(Cries of
"Move, move.") He then moved that John Fleming,
Esq., a Member of that House, be required to appear
before the Southampton Election Committee, and answer
such questions as were put to him by that Committee.
The SPEAKER made some suggestion to the Hon.
Member, who ultimately moved that John Fleming,
Esq.. a Member of that House, be asked by the Speaker
whether he persists in refusing to give evidence.
The question was put in that form, and was carried by
a large majority of " Ayes " to two "Noes," the latter
causing great laughter.
The SPEAKER—Is the Hon. Member in his place ?
Mr FLENIING—Yes.
The Hon. Member was about to answer the question,
when—

On'the sth of November, 1776, a match was got
up between the Duc de Chartres and Major Bankes,
but it did not come off. On the following days there
was, however, some good running by Barbary and
Comus, belonging to the Count d'Artois, Partner be-
longing to the Due d'Chartres, Pilgrim to the Due
de Lauzan, Nip to the Marquis de Conflaus. In all
these races a French horse L'Abhe, belonging to the
Prince do Guemenee, was the victor.

We again find L'Abbe in 1777, when he beat
eight English horses. On the same day the famous
sweepstakes for forty horses came off at Fointaine-
bleau. This was not a bad beginning for noviciates
on the turf. A sweepstakes for forty horses in 1777,
when, in 1842, either in England or France, it is
rarely we see above fifteen or twenty at the start-
ing-post.
But behind this apparent frivolity was hid a source
of considerable public utility—France was centuries
behind her neighbours in the art of improving the
breeding of horses, and the French, like other chil-
dren, must be amused while they are instructed.
Napoleon, in the midst of his political projects and
stupendous undertakings, ever found time to encou-
rage and foster this growing taste amongst the nobi-
lity. In 1805 he gave prizes to be run for, and, in

Thp SPEAKER said that he would put the alutasii9l
foi mally.
siiii
The SPEAKER then put the question.—Do you
persist in refusing to answer before the Committee?
_d
Mr. FLEMLNG—In answer to that question, I' ree.i,"'
a man of honour and as a gentleman, that I cannot an'
swer.—(Loud cheers.)
The SPEAKER—The Hon. Gentleman having' ¶
swered the question, N% ill feel it his duty to withdraw::-
:Mr. FLEMING—May I not be allowed to•explain ?
The SPEAKER—If the Hon. Member has anything
to offer in explanation he may do so. . lf
Mr. FLEMING then said, that it was ex-,rartit";
painful to him to have it thought that he eould.„.a!
'any action 'which would render it necessary that*
should be reported to the House. It was necessary for
him to state that in the conduct which .Irn:
complained of he did not intend any disresPee
to the Chairman or Members of the Col'
mittee.—(Cries of Hear, hear.) With respect to 0°
question put to him, if he could be so unworthy 98 t°
solicit subscriptions to curry on those corrupt acts
,i'l!:
pined by the petitioners before the Committee, ile
.
should not attempt to refuse an answer. But t 7
position in which he stood was this :—After the terror
nation of the Southampton election, he went
with his family to Ireland, and ton his re
turn he heard from his friends in Southanaptr°
that they were endeavouring to defray the legal expeese*
of the agents who conducted the election.—(Hear, heft
and laughter.) He begged to assure Honourable
Members that such was the fact. The object for Wit
funds were required, being strictly - legitimate, ''
did, under the circumstances, say that he would repro'
.
sent the case to many o; his private and intimate frier d
and he received subscriptions from them, which he. Ilei_,
into the bank on account of the election. That .307
six weeks arter the election had taken Plnce'
so that it could not be for the purpose of corruptioo.--
(Hear, hear.) He felt that he was not doing anythil
wrong in endeavouring to get his friends to •assi )
him for the purpose he had stated.—(Hear, hear")
was satisfied that the question was put fro
2a
tives or curiosity, in order. abet they might have setvl7.. ,
honourable names to peck at. Under these cireumstapc,,,
"
he would put it to the House whether Hon. Merabel.
,
were to betray the confidence reposed in them by 03:.
friends, when that betrayal would answer '1;
beneficial end ? He thought if he was to pursue sail
course he should not be worthy of a seat in that Ile'
He would not say more, but would retire from the 121005!;
(The Hon. Member left the House amid loud cheers fru'"
the Ministerial side.)
- Mr. REDINGTON trusted that, as Chairmati of
the Southampton Election Committee, the -41°u'',
would do him the justice to think that, in the C
he had pursued, he was only doing that whichPr
considered to be his duty.—(Hear, hear.) He bad
....,,w
personal feeling against the Honourable MeoOrr:,
and all that he had done he considered be- :11
bound to do in the discharge of his duty. He ~e,,ou''
not go into the mutter which arose before the. LX.:,/
mittee, but he might state that. a question was- l'',.,
by counsel to the Honourable Member, which be
refused to answer. The Committee then consultedAs_:
whether the Honourable Member was bound to_t
swer the question, and they determined that he i'lL
Such being the case, he had' now 'to ask...._ W
House, as they last night.decided that.- Election,.
mittees were the parties to judge whether a W.ka
should answer a question, . to pursue , the sr),
course now. He could not move that. 7„-
Honourable Gentleman should be. called to. the t.
but he believed the proper course would be
hiri.'
the Speaker to ask the Honourable - Mt_ig_';;;
in his place if he still versevered in refill
to answer the question, and if he did, that he should
informed by the Speaker that he was bound to ans*er is
_
The ATTORNEY-GENERAL said, . there o'l
he no doubt that whatever the private opinion to
the Honourable Member might be with regard rio
time obligations of honour and confidence ill .PLio.
vete, that all those considerations vanished for ow
demand of justice, if - the individual was Called 0,
to give evidence. This principle was placed Du bo
firm a basis, that he need scarcely dwell on ii.;•1i1...,i
would just mention the case of Lord Langton, 'who ''''f.p •
called on, in the trial of the Duchess of Kingston' os
state if he had ever learned whether or pot . she fist
ever married to Mr. Harvey. He had __ at is
refused to answer the question, on the ground -0- ef
doing so lie should violate the honourable confidence of
the private intercourse of society.. The House ~0
Lords adjourned and consulted, and decided
,1,•'..'44
he must answer the question. He therefore preP'''', oit
the best answer he could from the conversation W"tve
had taken place twenty years previously. He bail r
doubt whatever but that the Committee ivai ro
fectly right in putting the question if they o.°l-10'
it mater'.al, and the witness was . bound to .111570,
the question so put. Every person, whether a May:,
of the House or not, appeared before the Committee
before a Court of Justice, and if that Committee had l'',
power to commit a witness, it had also the power'of ten,
ing a refusal to answer a question to the House. He o.':
Attorney-General) then cited several clauses of the .A.c.
bearing on the point, and proceeded to say
Committee had exercised a sound discretion, and II
lie thought the
acted with every respect to that . House in il_.,°
having committed a Member of it to custody. But WIT,
the Hon. Member was apprised of the opinion of '....1,
House, and what must be the opinion of every lek",,
authority, that because, under a legal obligation to IP; 0
swer he would take a different view of the circumstance',/
,/
if a question were put to a witness, and he refuseu, At
give an answer, it would remain to be seen to ".1.4,41"
extent he would be justified in that refusal. WE,.
not because a Learned Counsel had put lo gilefS7
that the Committee were bound to enforce it.--(rA'o.
lie was sure that the manner in which the C00,172"„4a
had acted would induce the House. to repow o%r
dance in their decision, even if they had net the sr 0
thority of the law on their side. But the question los °I), ei
solely of discretion ; the House could repose confiaeo 4.
in a discretion which had been so • soundly exec' i, 0
if the Committee had reason to believe that the gueslp," if
might leadto painful disclosures, the House would a1,,,-, .f
them to decide accordingly, and he was sure that 1."
would do justice to all the parties. f
Mr. ROEBUCK said, he wished to know whether; l't
not a witness before a Committee of the House of•COW,.I90 ,
0
was to be placed in a different situation from U'''n J
which he would‘ be placed before any other tVibutil,
in the kingdom?;—(Hear, hear.) If he were boro,r?„ 0
Court of Queen's Bench, and a man were to ask big r
he had committed a murder, what would be his ans`ga to
If he were guilty, he would say, " I doret ilite'n We
criminate myself," and the Court would say o'
question was an improper one, becaos. 104'
its . tendency to criminate. the witness.—(liar' oli4t
hear.) Now he wanted to know . if, .1, AO
~
an Hon. Member or any man in this °AA !-
were to be brought before a Committee: of the '''' er
he was to be asked a question which might tentonoi it
minate himself, and be forced to -answer.itsur, Oa' 0
of imprisonment—as a lawyer he desired w P
from lawyers an answer to .that questioo: 0118
did not want to make the question a p#4l 0 11' : '
he wanted to strip it of all that. He was glad it solose or t,
ether side of the House. He wanted to know frent.t, 001 p
were of that honourable profession on both sides of evs, '-' r
whether any one would be bold enough to say, that '1...,5,,,1ed bo,
law of England, acknowledged by her Judges, staraatrostit •
those who had hitherto been above all imputation--nore4
to know, whether by the law, that amen coming-be psi
lelo
tribunal in this kingdom was bound to answer a questw'
tended to criminate himself ?_( Cheers. ) •
The ATTORNEY-GENERAL—No. • 00°2e
Mr. ROEBUCK.—No. He knew the Attorneriisess-
would say, No. Now came his (Mr. Roebuck's). &PP,s gee!: e
How was this House to determine whether any privet 1:1"; 1
man was compelled to answer a question, unless t>oass,l", e
knew whether it criminated him, and how were the „hit 1," ii
know it ? They could not knew it until they knew „O-"topelle e
question was. He fur one protested against being ''—tollo°'
to vote blindly in such a matter. He wanted therefore •,1
what this question was.—( Hear, hear.) be
)00° e Mr. O'CONNELL said, that the Learned Oelliag to i• e
asked a ques, ion very emphatically, which had u„,°'"„,ieg) `: *
with the matter. The Hon. Gentleman (Mr. r1—,.../91W. it
Lela !,-- ,
not say that giving an answer to this question FP? sis acctt 0 I
him. He said directly the reverse. Suppose this %coinsure' i, I
in the Court of Queen's Bench, and the witneDg.bet-11 of
say ing his answer would tend to criminate himself' In/Alegi to.
this ea.e, that he was unwilling to answer througusno steDe/-
delicacy, though those motives were very great, hu-b :ot(' ,ef t
the House, would the Court of Queen's Beockt, 4,-, sre 'ills
moment?—( Hear, hear.) No. They would saY
must snorer hol ,
sorry to trespass on your feelings, but you aiiraol o i
question." There frequently were cases when 10,0°1 t, e
strong reasons to refuse to answer questioner- ...!inosse 1
_.,,,, s
delicacy alone were not sufficient to alloW-,; ctierittS"' •
withhold their evidence. The case of Lot'46,o,lete; I
for example, was one of private conversation c?ixts
,tertlev,,,, t'
( Hear, hear.) Questions have frequently been Peloot &no 1
gentlemen of the test experience, which they sc°;;; abegw—ta. 0
for any quantity of property that could be Over% tyies bream.. '
they have been compelled to reveal the civet:4°o'n, ,Gent %wee
Court. Everything the law required the I,.'',„,iiig Wan fie
and
„ spoke:
to tell, he must tell. Did he know that by ,'''„,.'" heer• tbe
this question, he was violating his otth?-o.l6"i'man, ' 6 .till
( Mr. O'Connell) did not know the Hen. Gen" th,, bot ;int
believed he was quite incapable of violating 00 °by stsn r_
uaintentiorally, no doubt, he was doing 'Pt ex to °S
between the tribunal and the fact it sought not
re..
tain.—( Hear, hear.) If the tribunal m• ler° e-, -
„porta, - eata •, cided aright, they would have an '''''' Wen' fiber
considering the question a hen the Honourehleniina that
before them, and there could be no appeebeieis atr •
it . sate sip
would enforce any violation of confidenceOlo,o ifononora"
solutely necessary to the merits of the case.
ls e nueitio
attiiiht
willaesmnboetrnfoowr Biantlls(cAulsrsionß.oeblutceke)uilidactitertan'hdeeci daoultcs,..A that
to answer' ne "
Hon. Gentleman (Mr. Fleming) was deet" „ma-
sh- R. H. INGLIS objected to the
very
wanes, w:squ a
down by the Attorney-General !
thasteshould have barn
c::
' pellable to answer every question.. and further- by aj, IR
tied by the relevancy of the question,
and .his pipe.)).
Tinno,
fidence between a professional agentl2introduction 111;n',,,ner
(Sir R. H. Inglis) objected to the c ommittee. They r ine-
or not, o si
of the particular question put in t.
was relevant .
e,as
to censider nut whether the question
part, questioned had t___..k
trribus—
portant or not, but whether the pa,,_
were not a fit 0
_..
to answer. if an Election Committee were bosuweeping
that House wis.e9ttree_
to decide on questions of election.:
(sir R. H. log i ,
yey
measureably less fit to do so. 11
sent back to the 1.• w,
should be
~_.....i. fact
terday, ran ales that the party s
were Eut to ola" That
mittee and answer such questionsas w
Committee. her
himself tot e __elm.
that the party should submit .
from the Hon. M._
biat
was all they had a right to requdtreto
the
tallied the opinions on this subject that he had expres
~.0
_..
questions tout.w to
a de
for Hampshire, and if he objecte
on the ground of itte°
matter.
course the Colton theme
•
Mr. FORBES wished to ark what .
answer
t
Fleming should decane to ID
should
irrelevancy, let the
t and the: Ayes had it. _ at
The question was then pu ,
attend in his place fortaw,"
ordered to a
Mr. Fleming was now
.a b' t
question ?—("Question,"
and having appeared accordingly,
the lion. Member, ,1 Al tbe
The SPEAKER, addressing Committee eel
should best discharge is duty . __ tbs
(the Speaker)
declined'l to answer a Viesa°° Pir '
John Fleming, E'q.'having
w informed 'chat 01 °I,.
to him by a legal tribunal, be no ,
should be so
' lion which he might have to answering them.
by rea'.sieg t •
et
revolution that the House. had 'um agreed to. wilier,. was at
milted tFoLtEli;i
Committee
Seas Viith a tang_
that provoked general laughter.
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