The Sun.
London, England, 1845-02-27 00:00:00

Tllll StiN, LONDON, THURSDAVrEVENING, PTIBRITARY ft 7, 1144&

THE WEATHER.—SUN OFFICE, FEB. 27.
DIERMOMETER, Lowest, 34 ; Highest, 44 ; Noon, 42.
BAROMETER, 30.05.—W1ND, N.N.W.
Nom—The figures which follow the words "Lowest" and
" Highest" denote the lowest and highest state of the
Thermometer during the preceding twenty-four hours. All
the other observations are made at noon.

and although the benefit of the reduction might, in the
first place, go into the pockets of the producer, even-
tually it found its way into the pockets of the consumer,
The question excited little interest out of doors, and its
agitation was only calculated to perpetuate slavery, by
exciting ill-founded hopes in the minds of the Cuban and
Brazilian planters.
Mr. MACAULAY understood that the objections to the
proposition of his Noble Friend were upon a purely moral
grounds; but he thought no such moral grounds existed as
those which had been alleged in opposition to this proposi-
tion. If this moral ground existed, why did they continue
the statute which prohibited the growth of tobacco by
free-labour in the United Kingdom, while they took
tobacco from the United States which was exclu-
sively the product of slave-labour, thus giving
the monopoly of tobacco to slaveowners ? They
proposed, ulso, to do away entirely with
duty on slave-grown cotton. Slavery in the United
States, more particularly in the breeding States,
was more horrible and demoralising than it was in Brazil,
and yet they took this slave labour produce of these
men, who held themselves out as the apostles
of the slave-trade, while they refused to take the pro-
duce of Brazil, which had abolished the slave trade by
aw, and had conceded to us the right of search. The
argument was untenable, and every com-
mercial and financial consideration was in favour
of the proposition of his Noble Friend. He
abhorred the system of slavery most sincerely, and
had resigned an office which he had held under
Lord Grey's Government, rather than support the system
of apprenticeship.
Sir J. GRAHAM confirmed the assertion of the Right
Hon. Gentleman, and passed a high eulogium upon him
fur the disinterestedness of his conduct. The question
involved considerations not only (if morals, but of
finance, of commerce, of humanity, and justice, and as
he was not prepared either to sacrifice the colonies or
to encourage the slave trade, he felt bound to eppowe

HIGH WATER AT LONDON-BRIDGE Tins DAY.
Morning .• 58 minutes after 4 I Evening •• 18 minutes after 5.

mora]

,he motion.
The House was subsequently addressed by Mr. C.

. -
WOOD, Sir R. PEEL, Lord PALMERSTON, and Sir C.
NAPIER, after which the House divided, and the motion
was lost by a majority of 94, the numbers being—for the
amendment, 142 ; against it, 236.
The House adjourned at One o'clock.

The resolution moved last night by Lord J. RUSSELL,

by way of amendment on the Ministerial proposition re-
specting the alteration of the Sugar Duties, has been
very carefully worded. Its terms either comprise or dis-
tinctly touch all the bearings under which the general
application of such a proposition can be viewed. They
declare-Ist., that this Ministerial plan professes to set
up a distinction between foreign free-labour and foreign
slave-labour sugar, which is vain and illusory ; 2d., that
they aggravate the evil of the protection already given
to the colonist at the expense of the consumer ; 3d., that
they so tend to impair the revenue as to render the removal
of the income and property-tax, at the end of three
years, extremely problematical indeed. Now it is diffi-
cult to say, with confidence, under which of these aspects
the proposition impugned is the most objectionable.
We have on former occasions directed attetion to the
very defective machinery by which it was contemplated

to ascertain this important element of the character of
growth—whether free or servile. The public mind by
this time seems pretty wall made up to the imperfect
test which any " certificates of origin " can really sup-

ply as to this matter. But there is a great economic
error in the scheme of apportionment of duty, as between
our own colonial and foreign free-labour produce. If
it was thought right to encourage free-labour produc-
tion in foreign possessions, by admitting some portion
of such sugars into the market of home
consumption, from whence we have hitherto rigidly ex•
eluded it—what must Le the inevitable result of bur-
dening it with a discriminating duty higher than that
which is paid by our own West India sugars ? That
the foreign cannot compete with the colonial commodity
to any extent beneficial to the British consumer. Were
the duty on our own colonial sugar reduced still more, the
Public would benefit little by the resulting diminution of
price, so long as the growth of foreign free-labour could
only enter the market under the disadvantage of a much
more than proportionate protection to our West Indian
sugar, in the rate of the relative or differential duty imposed
upon it. All that foreign free labour could pour into
the horn e market, would fall far, very far short of the

demand which would exist, were the home consumer
fairly dealt by ; and we do not believe that, under the
most favourable circumstances, the increased production
of our islands, &c., will next year be so great as at all
to fulfil the maximum expectations of Sir ROBERT
PEEL. But how CAR either Sir ROBERT PEEL or
Mr. GLADSTONE have gravely imagined that any de-
vice upon which they could hit, will ever pre-
vent the introduction and consumption of slave-

grown, in the place of free-labour sugar ? And if they
cannot ensure the entire and holiest working of their
own principle, what becomes of the case for the specific
new charges of duty suggested, or for resisting the just
demands of the British consumer to have foreign sugar
adiaitted at a duty much more nearly approximated to the
duty on our colonial sugar than it has hitherto paid, or
even than it is now proposed to subject it to, as to
give him, the consumer, the benefit of a sensible,
visible reduction of price ? The truth seems to be,
that the " certificates of origin" will not be worth the
paper on which they are printed, and the stamps that
are to authenticate them. Let us pass over altogether
the consideration of the facility and success with which
" simulated papers," as they are called, can be at all
times obtained, fur other purposes, in each of the ports
where it is proposed to grant these certificates for sugar.
Are there no States w hich possess, under treaties
with us, a right to bring in their sugars under
certain favourable rates ? True, there may be express
exceptions in particular stipulations against the slave-
grown sugars of these States. But v. hat is to prevent
them from importing from other States—which do no-
toriously employ, and perhaps exclusively, slave-labour—
slave-grown sugars ; repacking, or otherwise preparing
them in their warehouses, and then bringing them into our
London or West India Docks, or into the Ports of Liver-
pool or Bristol, or Greenock, as veritable, genuine free-
labour grown ? And will the evil--(for we conscien-
tiously admit the extension of slave labour to be in itself
an enormous evil, whilst we doubt if its eltirpability)—
will the evil stop here ? By no means. The vacuum
created in the supply necessary for the consumption of
the countries which have re-exported this slavery-tainted
sugar to us, will be supplied by the enforced increase of
production in the slave states cf its original growth.
We are now discussing the question of dicriminating
duties only ; and are therefore not called upon here to
enter into this larger and more serious part of the
question, " how to reconcile the just and reasonable
demands for cheap sugar of our highly-taxed British con
sumer, with the progress of negro emancipation." It is
enough to show with how much reason Lord J. RUSSELL
denominates the attempted distinction of origin to be
" impracticable and illusory." We have seen, that so
far as regards the protection to our West India
planter, which the discriminating duty levied on foreign
sugars imported here, extends to him, it is, pro &at°,
a grievous tax on the home consumer, and therefore an
" evil." This evil might be alleviated, in his estima-
tion, if it could be shown that it carried with
it undoubted tendencies to diminish the exten-
sion of slavery. But if, instead of these pro-
perties, the Ministerial proposition works rather
to encourage the cruel practice of agrestic slavery, it is,
as his Lordship forcibly puts it, an " aggravation of the
evil," at his expense, who, of all the world, has made the
noblest and most costly sacrifices to blot it out of the list
of those fearful crimes which civilization, in some regions
of the world, has not yet had courage or virtue enough to
abjure and abandon The third defect imputed by his
Lordship's amendment to the Ministerial plan, is, that it
goes so largely to diminish the revenue, as to make it
very doudtful whether, at the end of three years.
the property and income-taxes can be removed—(as
Government pretends to assume they will be). If, in
our repeated protests against the tax thus indicated, we
had wanted an argument to enforce our demonstration
of its impolicy, its injustice, its terrible improvidence,
this branch of the Noble Lord's resolution would have
supplied us with it. Vote an income-tax, and the Mi-
nister will immediately set himself to consider, not so
much what portions of the fiscal revenue can be re-
mitted with the greatest immediate advantage to the
community at, large, and the least practicable disturb-
ance to organised interests, as those which may offer to
his choice the most tempting aspects of an immediate
popularity resulting from their repeal. Our own opinion
is, that without the income and property-tax, continued
as they are to be, by an unheard-of stretch of Minis-
terial influence on the one hand, and public credulity or
apathy on the other, in the thirtieth year of profound
peace, for three years to come, without those odious
imposts the Minister would have been compelled to
mature and carry through a far more large,
sweeping, and 3c t productive measure of com-
mercial and fiscal reform, in the same direc-
tion, indeed, with the bold advances towards free
trade, which the Premier must be allowed to
have made,—but to a point much nearer that which it
it is essential to the maintenance of the national pros-
verity should be attained. The difficulties that beset
the isolated question of the Sugar Duties present an in-
structive lesson to statesmen on the danger of embark-
leg upon round abstract principles, and attempting then to
trim their timid course upon them by half and ill assorted

measures. The question fur the present, however, al.
pears to be settled by the division of last night. The
Minister had a large majority, and two motions on the
subject have thus been disposed of. We fear the only
remaining one will meet the same fate, and the public
will thus be robbed of the advantages which they had
been led to expect from the opening speech of Sir RO-
BERT PEEL.

•
Madrid journals of the 19th publish some particulars
of the insurrection at Vittoria, which appears to have
been of a purely military character. Some of them also
mention that a Carlist conspiracy had been discovered
at Burgos. The following appears in the Heraldo of tha
19th:—" Government received this morning a dispatch
from the military authority at Vittoria, gibing the most
minute details regarding the conspiracy among the
troops of the garrison. Eight officers, several sergeants,
corporals, anti soldiers, are prisoners, and will be tried
directly. Immediate punishment will fall upon the
guilty. Government received at the same time news of
the discovery of a Carlist conspira.4 at Burgos."
The Three per Cents. closed on the Madrid Bourse
on the 19th inst. at 32 13-16 for cash, and 331 at 60
days ; the Five per Cents. at 234 fur cash, and 24k at
160 days ; and the Coupons at 26, for the 4th of March.

On Monday the Secret Service Money Bill was pre-
sented to the French Chamber of Peers by M. Du-
CIIATLL, the Minister of the Interior, who of course
anticipated no opposition in that quarter. On intro-
ducing the Bill, he adverted to the decisive vote in the
other Chamber, after a lengthened discussion, and said,
" We considered it our duty on that occasion to call our-
selves for the discussion, the incidents of the debate on
the Address having rendered it necessary. Before you,
Messieurs, the same necessity does not exist, for not two
months back you gave, by a large majority, after a
solemn and mature discussion, your adhesion to the
domestic and foreign policy of the Cabinet. We have a
firm confidence that your sentiments have not changed ;
but we are not the less ready to accept every discussion,
and to give you on
.every question the most complete

explanations."
On Tuesday the Chamber of Deputies resumed the dis-
cussion on the Council of State Bill, which was strongly op-
posed by M. CREMIEUX. A long discussion took place in
the Bureaux, or Committees, on the Great Northern Rail-
way Bill ; but as the majority of the Committee are
favourable to the measure, it will :be carried with cer-
tain modifications. The penal enactments are objected
to, as well as the clause which requires the deposit of
thirty millions of francs. The Finance Minister said
the Governnu nt had no objection to reconsider that
clause. The Members composing the Committee are
MM. DUPRAT, LUNEAU, GALLOS, BERRYER, CADEAU
D'ARCT, ARDANT, LAUYER, MURET DE BORD, and GAR-
NIER PACES ; all of whom, with the exception of MM.
G. PAGES and LUNEAU, are decidedly favourable to the
Bill.

Accounts from Berne and Zurich to the 20th instant
had been received at Paris, but they add little to our
previous information. General SONNENBERG, who has
been appointed Commandant of the Lucerne troops, re-
viewed s: venal regiments on the 20th instant, and it is
said some of the officers on the occasion threw up their
commissions, as they could not take the required oaths
to the Government. The Grand Council of Zurich
came to the resolution of authorising the Executive
Council to assemble such forces as might be necessary
to protect the Diet during its sittings. Hopes were en-
tertained that the interference of the great Powers would
prevent a cilil war.
The French Funds again declined on Tuesday. The
Three per Cents. closed at 84f. 75c.; Ditto New Loan
at 85f. 80c.; the Five per Cents. at 121 f. 65e.; Orleans
Railroad Shares at 1,195 f.; Rouen, 1,115 f.; Havre, 912 f,
50c.; Belgian Two-and-a-Half per Cents., 61f. 75c.; Spa-
nish Three per Cents., 404 ; Ditto Domestic Debt, 33k.

THIS DAY'S NEWS

i%IPERIAL PARLIAMENT

(THIS DAY.)

HOUSE OF COMMONS.
The SPEAKER took the Chair at Twelve o'clock, but a Mouse
was not made till a quarter-past Twelve.
RAILWAY CLAUSES CONSOLIDATION BILL.
On the order of the day for considering the Report of the
Company's Clauses Consolidation Bill,
Mr. HAWES said, that before the House went into Com-
mittee on the Railway Clauses Consolidation Bill, he wished
to ask the Noble Lord opposite (Lord Granville Somerset)
what the course was which he meant to pursue with respect
to this BilL The Noble Lord was aware that he (Mr.
llawes) entertained a very strong objection to the power
exercised by the Board of Trade in the revision of railway
projects. Now the 47th clause of this Act conferred these
powers to a much greater extent than they had ever before
been exercised. The discussion of that clause would natu-
rally open up an investigation of those powers, and he
should take that opportunity to oppose this plenary jurisdic-
tion of the Board of Trade. His object, however, was not to
impede the progress of the Bill in the Committee, and he
theretore wished to ask the Noble Lord in the event of his
( Mr. Hawes) waiving his objections at present, what course
be meant to take with respect to this Bill, and especially
with respect to the powers to which he had alluded, and
which to him and many others appeared so objectionable?
Lord G. SOMERSET concurred in the observations of the
Hon. Member. He admitted that the point to which he
had been calling attention was one of very great importance,
and that it would be well to have it discussed before a full
House. But, considering the great importance of the
financial questions that yet remained to be disposed of, and
the deep interest the determination of them was to the trade
of the country, he would ask would it not be better to get
through the remaining clauses of the Bill with as little delay
as possible, reserving the discussion upon those points which
were more technical ones, to the time when the Bill should
be reported upon ?
Mr. FOX MAULE differed from the Noble Lord, and
conceived it would be much better to discuss the merit
of each clause as they went on, and dispose of it. The
Noble Lord knew the House of Commons better than he (Mr.
Fox braille) did, and therefore lie would not remind him that
it would be almost in vain to expect this question to be dis-
cussed by it.
Mr. AGLIONBY agreed with the Noble Lord. The sug-
gestions were mere technical ones, and could be easily made
when the report was brought up.
Lord. G. SOMERSET begg.-d to assure Hon. Members op-
posite that his lion. Friend the Vice-President of the Board
of Trade had bestowed great attention on the alterations and
amendments suggested; but they were all of a technical
character, and could therefore be easily disposed of on the
report being brought up. With regard to the clause affect-
ing officers refusing to make up their accounts, kc., he (Lord
G. Somerset) proposed that bail might be taken by the
magistrates. With respect to clause 120, on the subject of
dividends, he had found that it admitted of no doubt in its
construction, and therefore need not be altered.
Mr. HAWES thought there was great objection to it.
The clause provided that the capital stock of a company
should not be disturbed. Now, how were they
to determine what was and was not capital stock?
fur unless this term " capital stock" were defined, he thought
that great practical inconvenience would arise. He should
therefore move that the words " by which their capital stock
should be diminished," should be struck out.
Mr. HAYTER said he thought it was not the intention of
the Noble Lord to prevent the payment of dividends by any
company who were realising interest on their paid-up capital.
There was no absolute necessity for interpreting the clause
in this way. If they were to strike out thesuch
after the word " any," and before the word " dividends " in
the preceding clause, the difficulty would be obviated. For
instance, if 900,0001. had been paid up for the construction of
a railway, he believed it was not the intention of the Noble
Lord to prevent the Directors of a company from paying the
interest accruing from this capital.
Mr. GISBORNE said that the whole difficulty arose from
the ambiguity in the term "dividends."
Lord GRANVILLE SOMERSET said it was not the olliect
of the clause to prevent the payment of dividends from the
interest of capital, fur that he thought was legitimate ; but to
prevent the payment of dividends out of the capital stock
after the works were completed, and when no profits had been
obtained. It was well known that many companies had
gone on paying dividends out of their capital stock, as if they
were in a mast flourishing condition. Ile did not mean to say
that there might not be some special cases, but there would be
in the several Acts out of which those arose special provi-
sions for them, and he did not think that the words
should be. struck out on that account. His object was to
prevent the practice which had been adopted by the com-
panies to whom he had alluded, who went on paying divi-
dends when, in fact, they had realised no profits, until their
capital no longer existed.
Mr. AGLIONBY said that he quite understood the Noble
Lord meant the clause to apply to fictitious profits.
Buteen the
met.
ewhichfir
s t he
se
theh d
casepu o
t the
o oo
at
lh
ce
or
mdpapital stockaayn had not yet
b
they could consider the coal as part f the c
the company. The other that of a land company, who, sup-
iowbaes
posing they laid out 100,0001. in the purchase of 100,000
one-halfacres,
considered a and doft
thathaesy.
part
mdt
tolofo
thaoal those
sat aobccorkensuosf; rotir2wo,
was 0000
mi
t/
p.
any.
Mr. GLADSTONE said, that if any difficulty existed in
the apprehension of the clause, it would be better to obviate
be
the dividedco afpti
it by the introduction of some other words. But it must be
recollected that this was a general Act, and intended only to
regulate other special Acts to be introduced hereafter. Those
special Acts would provide for their own peculiar exigen-
cies, and he did not think that there was any difficulty a inle this
g
clause which might not be readily adjudicated by
tribunal.al
Mr. GLADSTONE did not think there was more difficulty
to be encountered in dealing with this clause than any other
involving questions of commercial legislation; and it should
be recollected that it had the sanction of long-continued pre-
cedent for its present shape.
Mr. HAWES—As it had now been admitted on all hands
that this clause required some amendment, he would divide
the House upon it. •
Mr. ENTWISLE—The object of the clause appeared to
him to be, not to prevent the company from making divi-
dends, and applying their surplus fund otherwise than it
should be, but to prevent them disposing of that fund to any
other purpose than diminishing their liabilities. Sometimes
a company purchased an estate through which their line was
to run, and then they sold the remainder of that estate; and
the object of this clause was to take care that the produce of
that sale should be applied to diminishing the liabilities of
the company.
Mr. Hawes's amendment was then withdrawn.
Mr. AGLIONBY said he had an amendment to propose
which was so crudely and hastily drawn that he was not quite
sure whether it would carry out the object which he had in
view. His object was to enable parties under special circum-
stances to return a portion of their capital, or in other words,
to diminish their capital stock, which the Right Hon. Gen-
tleman (Mr. Gladstone) said was in many cases extremely
desirable. The words which he proposed to add to
the clause were :—" Provided always that the word dividend

shall not be construed to apply to a return of any portion oft _____ -------- - _
__
_s.s.s. e 5,...
A
THE MURDER AT HAMPSTEAD,
the capital stock, except after due notice given for that pur- , --....--
pose, at an extraordinary meeting, to be convened for that 1 CORONER'S INQUEST.—(TIIIS DAY.)
object." I Mr. Wakley, Coroner for Middlesex, Mr. G. J. Mills, Deputy
Mr. HAWES was understood to say, that though he did not
approve of the amendment, Coroner, and the jut y empanelled to inquire into the circumstances
entirely
Lord G. SOM he should not oppose it.
ERSET thought it would be more prudent connected with the late murder near Primrose-hill, re.assembled
this morning at the Yorkshire-Grey Tavern, Hampstead. The
to reserve the consideration of the words until the third
reading. crowd assembled was unusually large, but, owing to the
admirable arrangements of the landlord, Mr. Neal, all confusion
The amendment was then withdrawn. was avoided. The remains of the murdered gentleman still re.
On the reading of clause 142, which gives the power of main in an outhouse attached to the premises, and we understand
distraint upon the treasurer, that Sunday is the day appointed for the funeral.
Mr. SPOONER said it would be a great hardship to give At ten o'clock Mr. Wakley entered the room, and the Court was
the creditor of the railway the power of distraining the goods opened in the usual form.
of the treasurer for the debt of the company. He would have The first witness examined was Mr. Perry, the surgeon, and his
no objection that there should be a power to distrain for the
evidence having been read over, he added the results of the post
amount of the balance in the hands of the treasurer belonging
mortem
examination. He found various bruises of the scalp and
to the company. other smaller injuries. On examining the under surface of the
Lord G. SOMERSET admitted that there was a seeming scalp, he found it much bruised and blackened from repeated
hardship to allow distraint upon the treasurer of an insolvent
blows. The left temporal muscle was much softened and
or bankrupt company. But the treasurer could at any time
exceedingly black, and on removing the skull-cap the
relieve himself by resigning his office, when the creditors
brain was found to be quite healthy, and no effusion
would know what balance really existed. At present the of
any kind upon it, and there was no fracture of the skull. There
creditors were frequently evaded by the treasurer's denying was no extravasation of blocd, in fact, as he had already said, the
the possession of a balance. brain was quite healthy, He ascribed the death to concussion of
Mr. AGLIONBY said that the clause would go in
the brain, from repeated blows. The other parts of the body were
direct opposition to the policy of all the Acts which
not opened. They were not such injuries as could have been in-
had been passed of late years, which policy was to
flicted by a fall.
give creditors a full remedy against the company; and,
.at
Mr. Perry requested that he might be allowed to correct a mit-
the same time, to protect the officers. The Act, the 7th Vic-
toria, was passed to enable companies to wind up their affairs, take lie had fallen into in the course of the last examination. He
had stated then that the injuries were inflicted by a blunt cutting
or to enable the creditors to compel them to wind up, so that
instrument ; he was now of opinion, from closer examination, that
there was no reason for the introduction of so stringent a
they were inflicted by a heavy weapon, as a stick or crowbar. .
clause as the present. He approved, therefore, of the amend- By the CORONER—There were no marks upon the body. One
ment proposed by the lion. Member for Birmingham.
of the fingers was slightly injured, but ft was not of any importance
Mr. HAYTER and Mr. PLUM PTRE supported the amend-
Sergeant Scottney was asked if he saw any one in the inquest-
ment. room who had been with the prisoner when he was taken into
Mr. HAWES said that the 'treasurer ought not to be made
custody, and he pointed out the prisoner's brother, who was pre.
responsible fur the whole of the debts of the company,
sent
Scottney, 21 I, was then examined upon
and in custody of Inspector Partridge.
whereas he knew nothing of' their assets beyond the book E
account. The effect of the clause as it stood would be to
oath—l belong to the Hammersmith Station of Po.
deter front accepting the office of treasurer the class of per-
lice. I took Thomas Henry Hockey into custody
sons whom it was most desirable to have placed in that
on suspicion of being concerned in the murder of the late James
office. Delarue. (The witness here detailed the evidence which has been
Lord G. SOMERSET said he would take time to consider
already given in yesterday's Sun.) The brother James said to the
the clause before the third reading. For the present lie
would withdraw it. prisoner, when I was searching his room, "Tom, tell
the policeman all that you know about it, for he can
Mr. GLADSTONE said, the clause had been introduced
see you are telling him a lie." The prisoner then took
into all joint stock companies' Bills for some years past.
a watch, with a gold chain, or what appeared to be such,
Mr. AGLIONBY—More shame for it.—(Great laughter.)
from under his pillow and gave it to me, saying, "That is Bela.
Colonel SIBTHORP could not see why persons is ith pro-
rue's watch ; he gave it to me on Friday morning about ten o'clock."
petty, connected with these companies, such as the treasurer,
should not be liable as well others, if from no other reason, He said that Delarue gave him the watch to sell it for him. The
prisoner next produced from a drawer several duplicates, and he
for that merely of keeping them out of bad company.—
said with reference to them, that Delarue bad given him the pro-
(Laughter.) In fact, he looked upon all these companies as
perty to pledge for him.
delusive, or very little better than humbugs.—(Laughter.)
The CORONER said, that the evidence to be brought forward
The remaining clauses were then gone through, and the
now
would particularly tell against the man who was absent, and
Bill was ordered to be engrossed, and read a third time on
Monday. he had a particular repugnance to put questions to the witnesses
which might affect the life of any man. There could be nothing
RAL.,WAY COMPANIES CONSOLIDATION BILL. more unjust than to have an accusation preferred in the absence
The House then went into Committee on this Bill. of the accused party. In the case of the prisoner present the
Clauses 12 and 13 having been read, evidence might be strong or weak, but as regarded
Colonel SIBTHORP said he wished to call attention to the the other, it was absolutely necessary for the due administration of
powers conferred by those clauses, and particularly to justice that the accused should be there, to hear what was said, and,
those in clause 14. He did not mean to say that if he thought proper, to say a word in his own defence. Enter.
anything that fell from so humble an individual as taming that opinion so strongly, he was determined that, if he
himself should be deemed worthy of being reported could not overcome the difficulties which were opposed to him,
in the public papers—(A laugh)—but it was his wish that to give up his office. Those difficulties had been going on since he
what he had to say upon this subject should go forth to the had been in office, but he was determined that if his predecessors
public.—( Hear, hear.) He begged to be understood as pro- had not done their duty in this particular, he should. 'What had
testing against these clauses altogether, but to some of them in happened in that very case I They had assembled on
particular, such as clause 14. He always understood that in the first occasion, when no individual was suspected,
residing in England he lived in a free land, where any man's but something had since happened to attach suspicion to a party
property, be it small or large, was preserved to him, or parties—one was present in custody, the other was taken
and his right to it recognised and respected ; and into custody by the police, without any order from the
particularly the property of the poor man—(Cries magistrate (and the police acted very properly in so doing) ; the
of " Hear, hear")—tor the invioliability of whose right he other was taken into custody upon his (Mr. Wakley's) authority.
was more anxious than those of the rich, or than even of his
One had been before the magistrates, and the other had not. Now
own •, therefore, he should get credit for not having any he would ask, why should not both be here? Why should not
selfish motive in his opposition to the clause, fur his both appear before the magistrate ? He could not conceive why
object was the public good. He admitted that these difficulties should arise, if it were not for some foolish
the Board of Trade were an intelligent and even, he believed,
jealousy of the powers and functions of the jurymen there. There
a disinterested body ; but of what value would it be to a must be some repugnance to allow prisoners to be produced
poor man, to have the power of appealing to them, before a Coroner's jury. It was not so when Lord John Russell
when he had not the means of doing so ? and be- was Home Secretary; no difficulty of this kind arose when
sides, he looked upon the Board of Trade as in,- Lord Norroanby was Home Secretary, for arrangements had
competent to decide such questions. The 14th, 15th, 16t1 , been entered into between the Coroner and the Home-office
and on to the 20th clauses gave a company a power of devi- for the removal of prisoners to the Coroner's Court. Since the
ating 100 yards either to the north, south, east, or west, present Home Secretary had been in office this difficulty had again
as they thought proper. Why, he would say, that arisen, and it existed now. Yesterday morning he (Mr. Wakley)
this deviation would have the effect of render- wrote to Sir James Graham expressing a hope that there would
mug the property of many poor men totally valueless, and of be no objection to the productions of the prisoner. He underatoood
completely annihilating that of others.—(Hear.) Many poor from the police that there would be no obstruction, and he
men had been driven from their habitations in disgust by last night receiving a letter from the rome Secretary, in which Le
those encroachments rather than resort to this appeal. And
" hoped that no difficul y would arise." How the difficulty did
then, as to compensation, don't talk to him of such a thing. arise he (Mr. Wakley) could not say. But when the police Nas
(Laughter.) There might be circumstances under which no established in 1829, the Commisconers issued instructions for
compensation could be sufficient. He bad in his possession pro- their guidance. Ile believed the police did not at that time deem
perty that could not be taken from him, and that no the coroner's office to be of sufficient importance to give the police
amount of compensation could make amends to him for the any orders with reference to the persons who came before the cora.
deprivation of it by this sort of encroachment. But he would ners' courts. Have you (addressing Inspector Shackell) airy in .
ask why should not the rights of the smallest cottager structions with regard to coroner's courts?
be as couch respected as hie ? (Hear, hear.) Inspector Shackell—Noi,e, Sir.
By whom was this power of cutting down a poor man's pro- Mr. WEALEE—Have you any instructions on the charge-sheet,
perty to be exercised? Why, by Aorßor C, who had no as to what is to be done with the prisoner, in connexion with this
consideration whatever for him ; and therefore he would pro-
Court ? Inspector—None whatever, Sir.
test against such a power being given them. Talk of the Mr. WAKLEY—He thought not. This was treating the jury
despotism of the Emperor of Russia on the Dey of Algiers.— with, to say the least of it, insolence and contempt. At that mo-
(Laughter.) Why, they were respectable men in compari- ment there were two individuals in custody, on suspicion of being
son.—(Laughter.) If this power of deviation was to be given, connected with this crime—a crime, be it remembered, of the most
where might not the company deviate to ?—(Hear.) weighty character. The life of one of those persons was at stake.
An Host. MEmneo—They may deviate a thousand yards. And could it be right, then, that they should decide upon his guilt
Colonel SIBTHORP—Aye, or why might they not deviate or innocence he not being present? How should they feel in the
ten thousand? Oh, but then it had been said that like circumstances ? Could it be consistent with their duty, or
the Company would -purchase the land ; but then the with the oaths they had taken in that court, to hear accusations
treasurer might not have a balance in his hands sufficient affecting the life of an individual, when that individual himself
to pay ; and he (Colonel Sibthorp) would tell that gentle- was not present to utter one word in his own defence?
man to take care how he trusted people.—(Loud laughter.) It was most monstrous and most repugnant to the whole spirit of
When the purchase-money was demanded, it might be said, the British law to call this even.handed justice. He did not be.
"No assets—go to law."— ( Laughter.) If this system be per- lieve that the committing magistrate had the power to order the
mitted, then he would say England was no longer a free. prisoner's attendance there ; nor after the prisoner was committed
land, and her sun indeed had set.—(Hear.) In fact, no man from the police.court, did he think that even the Secretary of State
in the country would be fool enough to buy property could order him to appear in the coroner's court. He could
in the country so circumstanced. .He telt assured that the only be brought up by a writ of habeas cm.rpus. Under these sir.
Noble Lord near him would be the last man in the cumstances, he should, with the jury's permission, postpone any
world tondo any man an injury ;he was sitting here only in further inquiry till Monday morning. He was sorry to give them
the capacity of a public officer, and therefore no blame that trouble, but if they deemed his opinion a wrong one, he was
attached to him. Ile (Colonel Sibthorp) knew how useless quite willing to proceed, but he did not see how they could do so
it was for him to expect that he would have any weight in wit bout the accused person being present, and pro.
this House; but he would divide the House upon this ques- perly identified. They must recollect that this was a
tiou, in order to record his vote upon it. charge of murder, and that, therefore, it would be necessary
Lord G. SOMERSET said time encroachments could not be to identify the prisoner. He was determined to carry the matter
made without the sanction of the proprietors and holders of to another place, and he trusted that all these difficulties would be
the land. This, he thought, would remove the objection of overcome before they next met.
the Gallant Gentleman behind him. After some remarks from several of the jurors,
Mr. AGLIONBY protested that there was great objection The CORONER asked if it were possible to return a verdict of
to the clause, and he only regretted that it had not been " Wilful Murder "against a mail who was not identified before
fully considered before it was introduced into them ? It would be the most monstrous thing evert „dof in a
former Bills. The present" system of encroachment court of justice. ..
made by railway companies was most disgraceful. From A Juror—Has the prisoner been sent for ?
the nature of the plans lodged by competing companies it Mr. WitICLEY—Not from this Court. Ido notlook .or his at..
was quite impossible for a farmer to recognise his land, tendance here as a matter of favour, but as a matter of right. It
even if he had an opportunity of inspecting was a right which the unhappy per:on himself might claim. The
them.—(Hear, • hear.) He knew this from experience ; other young man present was in his custody, but he should not
and not unfrequently the plans were purposely prepared consider himself justified in throwing any obstacle in the way of
to mislead the owners of land over which- it was intended his examination before the magistrate.
the line should pass; It was the duty of Parliament, there- The jury expressed a wish to know where the particular diffi.
fore, to tic companies: down" by such stringent rules as culty lay to the production of the prisoner before them ; but the
would effectually prevent the continuance of this disgraceful Coroner did not further explain, as the matter would be invest'.
system. gated in another place. After Monday morning, he was satisfied
Lord G. SOMERSET said he thought the Hon. Membej that they would not require to adjourn.
need not have put the protection of the small proprietors so It was eventually determined that the jury should resume the
strongly upon him. No man had been more careful of these examination on Saturday morning, at half past nine.
proprietors than himself. But he conceived that the observe- The prisoner's father was then introduced, and the Coroner gave
lions of the Hon. Member applied, not to the deviation, but orders that the room should be cleared of strangers, as he wished
to the main line. He might. say that privet?, proprietors to make a private examination. The result of that examination
should be protected, because when a proprietor gave his con- may be inferred, although, as the Press was excluded, it can.
sent to a railway, and parted with a hundred yards breadth not perhaps be correctly stated. The material facts were,
of his land, he was in fact assenting to the use of three bun- the discovery of a purse, supposed to belong to deceased,
dred yards. The clause was in fact restricting rather than upon the person of the prisoner ; the production of the prisoner's
enlarging the powers of railway companies to take the land, clothes, and the fact that they were saturated with blood, and that
AGLIONBYMr. AGLIOBY begged to assure the Noble Lord that lie his shirt was torn to shreds, as if in a severe struggle; the state.
never intended to impute to him or to any other member of ment of the father that th e prisoner had left home before seven
the Government, or, indeed, of that House, the slightest o'clock on the Friday evening on which the mender had been
neglect of public interests. Nothing was more contrary to committed, thus flatly contradicting the prisoner's statement that
his feeling. he had not left till eight. There were minor statements made,
Mr. HAYTER was not astonished at the Hon. and Gal- but as these might tend to defeat the ends of justice, it is scarcely
lant Officer's attack, for he believed that he would attack any justifiable to make them public at this early stage of the pro.
amid every railroad in every country and of every time. He ceedings.
(Mr. Hayter) conceived that this objection to the power to
make a deviation was quite unnecessary, and likely to be
mischievous. He believed that if any great engineer were
called before them he would assure them that it was abso-
lutely required.
Mr. GLADSTONE said, that he must confess that he felt
much sympathy with those who objected to this clause,
though he could not see on what ground they based their
objection. The fact was, the clause, instead of extend-
big the powers of deviation, contracted them. The
clause proposed three limitations ; in the first place,
that they should not deviate from the lines marked
down in the plans ; in the second, that the deviation
should be according to the specifications, and in the third that
the deviation should not be extended into the lands of persons
whose names were not in the book. At any rate he was fear.
ful that if the clause were to be altered more mischief would
be occasioned than by adhering to it, and he was not prepared
to take such a leap in the dark as was proposed by those who
opposed the clause. He could not consent to the alteration
without having some engineering-evidence to show them that
these deviations were unnecessary.
Sir GEORGE SINCLAIR said that he considered the
power to make these deviations essential, and to the extent spe-
cified in the clause, for in his county he knew that very great
inconvenience had arisen to several parties from the obligation
to abide by the black line on the plan. He felt, therefore,
that it would be better to abide by the provisions of the clause
as they then stood.
Colonel-SIBTHORP said be felt bound to treat the obser-
vations of the Hon. Member for Wells (Mr. Hayter). un-
founded as they were, in the manner that they deserved. It
would be welt for that Hon. Gentleman if lie bad shown
throughout his Parliamentary conduct that disinterested-
ness which he hoped that he ever had evinced, and ever
should evince ; and in spite of the unfounded observations
which might fall from any Hon. Member within the walls of
that House, he should not be deterred from prosecuting his
humble opinions when he considered it his duty so to do,
without any selfish motive or feeling whatever. He
(Colonel Sibthorp) had no share in railroads. He
would not condescend to ask the Ilonourable Member
for Wells whether he had or had not—he did not
care whether he had or not. He would simply say, once for
all, that he threw back his imputations with the contempt
which they deserved.
Mr. HAYTER said he thought the expression used by the
Hon. and Gallant Member was not one which, on reflection,
he would be disposed to maintain, because it was wholly un-
deserved. As, however, be would be sorry to be out-
done by him in courtesy, - he would at once say
that if he had used any language which the Hon. and
Gallant Member considered to be personally offensive, he
was quite willing to retract it.
Colonel SIBTHORP said he had not the slightest objection
to accept the explanation which bad been offered.
Mr. AGLIONBY adhered to his opinion that the deviation
of' one hundred yards was too much.
Lord G. SOMERSET said that it was not to be expected
that a general Act could provide for all particular cases
and objections. The parties concerned in each measure
ought to see that their interests were secured by a special
enactment.
The clause was then agreed to.
On the reading of the 15th clause,
Mr. AGLIONBY
_was about to state objections to the
clause, when
Lord G. SOMERSET said, that as it was likely that the
clause would be much discussed, he should propose that the
Committee be adjourned for time present, that the Chairman
report progress, and ask leave to sit again on Tuesday, at
12 o'clock.
The House then resumed, the Chairman reported progress,
and the order of the day having been read for the Committee
on the
COMPANIES CLAUSES CONSOLIDATION (SCOT-
LAND). BILL,
The SPEAKER again left the chair.
The LORD ADVOCATE stated briefly to the Committee
that he had, during the progress of the English Bill, assimi-
lated the enactments of this Bill, as much as. he thought the.
circumstances would admit, to the clauses, as amended, in
that (the English) Bill.
flErr tarrixo.]

CHANCERY.-(THIS DAY.)
The Lord Chancellor sat at Lincoln's Inn.hall to-day.

81'. VIC7U6 V. DEYEItEUX.--JUDGMUNT.

T+ :e LORD CHANCELLOR gave judgment to.day in this case, re.
versing the decision of the Matter of the Rolls.

LUDLOW CHARITY.
The furthibr arguments in this part heard case were resumed
and occupied his Lordship the whole morning.

QUEEN'S BENCH.-(THIS DAY.)
(Sittings at Nisi Prius, before Lord DENMAN and a Special Jury.

ROOTER V. PERCY.
The Court was engaged upon this cause all day, which was one
possessing no interest for the public.

COMMON PLEAS.-(THIS DAY.)
(Sittings at Nisi Prius, before Chief Justice TitinaL and a

Special Jury.)
NASH V. HARMAN.

This was an action brought 14 the plaintiff against the Sun In.
surance Company to recover damages for the injury done to the
premises of the plaintiff, who carried on the business of a tin-plate
manufacturer in Warwick-lane, Newgate.street, in consequence of a
fire which dest:oyed the house and a quantity of metal. The premises
were insured in the Sun Insurance office, and the only dispute
was as to the amount of the damage and injury sustained. There
were, we understand, a vast number of witnesses to be called, so
that it was not likely the case would terminate today.

EXCHEQUER.-(THIS DAY.)
(Sittings at Nisi Prius, bsfore Sir F. POLLOCK and a Special. Jury,

M'INTOSH V. THE SIIDLAND COUNTIES ZSILWAY.

This was an action brought by the plaintiff; who is a very ex.
tensive contractor for railways, against the Midland Counties
Company, for not performing the contract entered into between
them. It appeared that the plaintiff contracted, in 1637, to
make nineteen miles of railway for the defendants,
from Rugby to Leicester, which was to be ready,
with the exception of the laying of the rails, by the
Ist of May, 1840. A second contract was entered
into, to the effect that the plaintiff was to have the rails all laid
down, and the railroad ready for use by the Ist of June,
1841, the defendants supplying the rails. If the contract
was trot performed in the specified time the plaintiff
was to forfeit 3001. for every day after that on
which the contract required that the railroad should be corn.
pleted. It was alleged that the work was not finished till the
30th of June, and for this 7,500/., were kept back by the Com-
pany. It was ►o recover this 7,50M1. that the action was brought,
the plaintiff alleging that the rails were not furnished in the proper
time.
(The case was proceeding when we went to press.)

SHERIFFS' COURT.-(THIS DAY

(Before J. P. KENNEDY, Esq., and a Common Jury
JAMES C. MILFORD.

This was an action to recover damages for breach of centred,
brought by Mrs. Elisabeth James against Mr. Edward Milford, re-
siding at Hartford.road, Kingsland.
It appears that the parties to this action are relations, and that
early last year the plaintiff having some money to invest, entered
into an agreement to purchase from the defendant, for the sum of
1,250 L, four villa dwellings, situated in Queen's-road, DaMon.
The houses, at the time of the purchase being made, were unfinished,
and it was a part of the arrangement that they should be put into
a tenantable state immediately. The agreement was entered into
in January, 1844, yet up to July in the same year the contract had
not been fulfilled, as regarded their fitness for occupancy ; while what
work had been done to them was, according to the evidence, of a
most inferior and imperfect character. The damages sought to be
obtained were for the loss of half.a.year's rent consequent upon the
agreement not being carried into effect, and imperfect workman-
ship. The action was undefended. The amount claimed was 150 i.
The jury returned immediately a verdict for the full amount.

A meeting of Members of the House of Commons,
summoned by Sir Robert Peel, took place at twelve
&ch.& this day, at the office of the Right 1-1,,n. Baronet,
in Downing-street. About sixty Members attended.
PEMBROKE Dock.—As the Government own a good
deal of house property in the town, they have considerately granted
5001. towards building the iuteuded church.

et
L_ At ---
- _ ..t. 4
zit A ' .
~32E , ,rh • MJO 412:1100,ThjrMktgzr...,
*.

SECOND EDITION.