The Sun.
London, England, 1845-05-20 00:00:00

THE SUN, LONDON, TUESDAY EVENING, MAY 20, 1845.

in a thicket where he finds them perhaps already blown
down, in order to kindle a quasi fire under the shelter
of some hedge side, wherewith to reanimate his shiver-
ing frame ; or the famishing pauper who purloins a
couple of turnips or potatoes to satisfy the intolerable
cravings of his hunger. How often, in the course of
last year only, were we called upon to animadvert on
the barbarous and inhuman rigour with which
country petty sessions inflicted costs to the
tune cf 400 or 500 per cent. and upwards more
than the amount of the fines they inflicted these
tines being in themselves, though but a few shillings or
even pence, utterly beyond the no-means of the wretched
delinquents to pay. In higher courts of criminal juris-
diction the evil is in principle the same. So much the
fine, so much more the costs ; or, imprisonment for
such and such a term. The party can pay the fine, but
not the costs ; the " vulgar arithmetic" of graduated
terms of imprisonment squares the difference. If the
case, and the criminal proceedings instituted after it,
result in a conviction, why not let the sentence, whether
it be one of imprisonment or fine—in short, of whatever
kind, be complete and adequate to the offence? To
" throw in" a burden of costs and fees is (as in this coun-
try happens in many instances) to push the vengeance
of the law beyond the point which the law itself has pro-
posed to reach.
Captain PECHELL'S intended clause is one of those
which announce propositions that carry their own con-
firmation on the face of the terms in which they are
expressed. That " magistrates' clerks should be disquali-
fied from acting as agents for the election of Members of
Parliament," is a doctrine which no man conversant
with the theory of our representative system, as an
integer of the constitution, can venture to dispute. The
character and business of an electioneering agent are
those of a partisan professedly and professionally in-
terested. The office and function of a magistrate's clerk
suppose, for their faithful and impartial discharge, an
utter insensibility to all partisanship ; an unwavering
inaccessibility to all the interested objects and rewards
of " agency." If the union of such incompatible occupa-
tions be permitted in one and the same person we may
well suppose, indeed it is impossible not to believe, that
the magistrates' clerk will be very open to impulses of un-
due favour to parties coming before that magistrate who
are known supporters of the same political opinions and
parties as himself ; and of undue prejudice against, or
resentment at, other parties coming before the same
magistrate whose votes or good wishes will be
addressed in the support of antagonistic candi-
dates and opinions to those supported by such
magistrate. The other proposal, to do away with the
holding of petty sessions in inns or public• houses, is
made with the best intentions, but we believe it would
be difficult to carry it into effect.

of the fallacy, they will find any agricultural labourer who will be.

lieve it. Such an assertion will now become too monstrous to be
credited, even by the " agricultural mind." The Post.office, as
usual, was the source of much amusement. Dispatches from
Brazil have brought the answer to Sir Robert Peel's tariff. What
that answer is, as no Grahamizing is allowed by the League, of
course it is impossible to know; but if any of our readers
are particularly anxious on the subject, we have no
doubt but that if they apply at the League
Post.office, they will find a special communication addressed to
themselves, which will furnish them with every information on the
matter. As we quitted the Bazaar we missed our friend the
Shetland pony, and on making inquiries we were informed that he
was sold ou Saturday.

MONEY and COMMERCIAL NEWS.
CITY, QUARTER TO THREE.
The Cotton Market at Liverpool yesterday was dull, but
there was no further change in prices. Sales about
4,000 bales, all to the trade, and nearly all Ame-
rican.-There was a good market for the heavy shares,
and the scrip of the new was also more buoyant.-
Armagh and Portrush, 21/2; Barnsley Junction, Half Shares,
41s. 40s. ; Birkenhead, Manchester, and Cheshire, 101,4 ;
Blackburn, Burnley, and Accrington, 81/2 ; Blackburn,
Darwen, and Bolton, 5% I Is. 6d. ; Blackburn and Preston,
1834 1914 ; Belfast and Ballymena, 834 ; Belfast and
Coleraine, 3 ; Bolton, Wigan, and Liverpool, 12% 1/2 ;
Caledonian, 1114; Chester and Birkenhead, 54% 3/4 ; Chester
and Holyhead, 1614 ; Churnet Valley, 5 18s. 9d. ; Clitheroe
Junction, 545. 2%; Clydesdale Junction, 9 ; Cork and Kil
larney, 495. ; Cork and Waterford, 2% ; Dublin and Belfast
Junction, 10% ; Dublin, Mullingar, and Athlone, 4% % ;
Eastern Counties, 19%; Glasgow and Dumfries, 225. ; Grand
Junction, 233 ; Ditto, Half Shares, 1161,ti ; Ditto, Eighth
Shares, 21 14 ; Great North of England, New Stock, 48% ;
Ditto. 301. Shares, 2434 ; Great North of Scotland; 58s. 6d. ;
Liverpool, Orrnskirk, and Preston, 48s. 6d. 234 ; London and
Windsor, 6 ; Londonderry and Coleraine, 3% ; Londonderry
and Enniskillen, 41/2 ; London and York, 4% % ; Direct
Northern, 31/4 ; Leeds and Dewsbury, 10% ; Leeds and
Thirsk, 71%4 7 ; Leeds and West Riding Junction, 9% % ;
Manchester and Birmingham, New Shares, 7%; Manchester
and Buxton, 5% ; Manchester and Leeds, Half Shares, 71 ;
Ditto, Quarter Shares, 22 ; Midland Railway, 166 169
Ditto, 401. Shares, 20% 20; Newark and Sheffield, 6; North
Wales, 31% ; North Western, 414 865.; Oxford and Birming-
ham Junction, 765. ; Oxford, Worcester, and Wolverhamp-
ton, 21. 41s. 6d. ; Sheffield and Manchester, 1191% ; Ditto,
Quarter Shares, 14% ; Shrewsbury and Grand Junction, 6%
; Shrewsbury, Oswestry, and Cheshire, 965. Ed. ; South-
eastern and Dover, New Shares, No. 3,6% ; Scottish Cen-
tral, 6%34 ; Trent Valley Continuation, 18s. 6d. ; Welsh
Midland, 395. 134 ; West Yorkshire, 465. ; Wexford and
Carlow, 41A ; Worcester and Tring, 434 ; York and Carlisle,
21,4 Constituted Central of France, 15; Dijon and Mul-
house, 2%; Northern of France (Rosamel's), 2%%; Orleans,
Tours, and Bordeaux (English), 12%; Paris and Lyons,
(Engli.h), Laffitte's,3% 615.; Paris and Lyons (Ganneren's),
2% 595. ; Paris and Strasburgh, ; Paris and St.
Quentin, 38s. ; Sambre and Meuse, 1014.
The hasty glance which we had yesterday of a few of the
mercantile letters received from the Brazils precluded a refer-
ence to a topic of some importance, namely, the probable
course that would be adapted with respect to the right of
search, the treaty for which purpose, we believe, has already
ceased. It is understood that the Brazilian Govern-
ment intend to take the whole right of search
upon its own hands, and if private information is to be be-
lieved, with a sincere desire on its part to put down, by every
possible means, the inhuman. traffic. The mercantile classes
of the Brazils were extremely sore at the policy of this Go-
vernment with respect to the sugar question, and, as might
have naturally been expected, British manufactures were
looked upon with considerable hesitation.
We may notice the calling in of Exchequer-bills to a very
large amount, issued for public works, such bills to be received
on the 17th of next month, when interest will cease. There
is to be no alteration in the rate of interest payable upon new
bills,which may be taken in lieu of those cancelled. In the
present state of the market for the unfunded debt, it is not
likely that many holders of securities so called in will take
money, especially as the rate of interest continues on first
class securities not higher than 2* per cent.
Dates to the 26th of March have been received from the
Cape of Good Hope, but they convey nothing later respect-
ing the affairs of the frontier or Natal.
Accounts from Algoa Bay state that the Homer was load-
ing fast at the Bird Islands, having upwards of 100 tons of
guano on board in the short time she has been there, besides
discharging her ballast. It speaks well of the anchorage for
safety and facility for loading. Captain Duthie, of the
Harriet, has been down to the islands, and speaks most
highly of them ; he says he would sooner load there twice or
thrice than once at Ichaboe, he having loaded at the latter
place.
The Funds have been very firmly maintained again to-day,
and this too with a comparatively dull market. Consols have
been 9914% for present Transfer, and the same for Time.
Exchequer-bills have improved again, being 565. to 58s.
premium. The New Three-and-a-Quarter per Cents. have
been 10114 to Al.
Spanish Bonds, which receded yesterday afternoon, rallied
this morning, but are rather fluctuating. The Three per
Cents, are 42 to 14, and the Five per Cents. 301/4' to 29%.
Portuguese Converted have been 67%. Mexican have rea-
lised 363/ to 37 • and Chilian 99. Dutch Two-and -a-Half
per Cents. are 6334.
There is much less activity in the Share market, but the
quotations, especially of the old lines, are fully supported.
BRITISH FUNDS THIS DAY AT ONE O'CLOCK.
(From the Official List.)
3 per Cent. Reduced Annuities 9814%
3 per Cent. Consols Arms - 99/%14
New 31/4 per Cent. Annuties lOll4 %
Long Annuities ,Expire sth Jan. 1860 III%
Do. 30 Years, Expire Oct. 10, 1859 ll 1-16%

We have accounts from Madrid to the 11th inst. The
Government papers announce that friendly relations have
been fully established between the Court of Madrid and
his HOLINESS, and that a dispatch had been received from
the Spanish Ambassador at Rome, conveying the grati-
fying intelligence that the concordat had been signed on
the 27th of April, by which the POPE acknowledges
Queen ISABELLA, and sanctions the sales of Church
property. The same journals state that the treaty of
commerce between Spain and Morocco bad been ratified
by the EMPEROR. The Chamber of Deputies had passed
the budget of receipts and the Bill for raising a loin to
improve public roads. The Bourse was closed on Whit-
Monday.

The Paris papers bring no news of importance. A
letter from Switzerland, however, conveys intelligence
from Lucerne of a satisfactcry nature. None of the
prisoners condemned for their share in the late unfortu-
nate transactions will suffer capital punishment, and a
decision to that effect has been intimated by the Council
to the Vorort. The Government of that canton
states that it is disposed to deal mercifully with
the prisoners and spare the life of Dr. STEIOER,
on condition that he be transported to America. The
Vorort had announced the fact to the French Govern-
ment, and at the same time proposed that France should
convey STEIGER and some others to such a destination.
The answer of the French Cabinet was, that France
could not undertake such an office, but there would be no
objection to give a free passage to America on board
a French ship of war to Dr. STEIGER and his com-
panions. Some of the Paris journals state that a deputa-
tion of workmen had waited upon M. DE LAMARTINE, to
congratulate him upon the speech which he had made
against the fortifications of Paris, to which the eloquent
Deputy made a suitable reply. The following extract
from it displays both good sense and public spirit :

South Sea Stock
Ditto New Annuities
Consols for Account
Exchequer Bills. iNd• iy2u.
1,000/.
500/.
F.R041 woo." pril.
TRICE OF FOREIGN FUNDS AT ONE O'CLOCK.
Chilian Bonds, 6 per Cent . 99

" Was the city of liberty walled up when the country,threatened
by the coalition of kings at Finial, appealed, not to stones and cc.
• „„.,„ went and de-
fended their capital, not at Montmartre or at Mont Valerien, but on
all the fields of battle and in all the capitals of the coalition ? Your
flag was not then stuck immoveable, and, as it were, rooted in the
ramparts of your city ; it floated free in the winds of glory over the
whole continent and on all seas ! Ido not say this to kindle in you
a brutal impatience for war. No, men of labour and intelligence, we
must be, in this age, men of peace, and if I have sometimes de-
fended and honoured this Government, whose errors and evil ten.
dencies I alone combat, it is because amidst many faults, it will
at least have in history the merit of having been a reign of peace.
If ever the fortifications should inspire those who shall
hereafter possess them with any evil intentions, there exists
an artillery which can struggle with these cannon. It is public
spirit, it is public opinion. There exists no physical power that
can stand the explosion of the soul of a great nation. Let us avoid, you
by your prudence, we by our honest warnings, these explosions and
revolutions which are la% ful only when there remains no more good
sense in the councils of Governments, no more legality in their pro.
eeedings, and no more patience in the hearts of the people."

Dan:sh Bonds 1825, 3 per Cent 88
Mexican Bonds, 1837, 5 per Cent 36%
Ditto for the Account ..
Portuguese Bonds, 5 per Cent —
•
Ditto Converted
Ditto for the Account 67%
Russian Bonds, 1822, 5 per Cent llB%
Spanish Bonds, 5 per Cent., 1840 3Ol/9 29%
Ditto for the Account
Ditto Passive Bonds 7%
Ditto Deferred
Ditto 3 per Cent
Ditto for the Account.
Dutch 2% per Cents
.. 633/4
PRICE OF SHARES AT ONE O'CLOCK.
RAILWAYS. PAID. PER SHARE.
Aberdeen
Brighton, Lewes, Hastings ... 20
251 N to
Caledonian

No transactions in the Funds of any importance took
place at TORTOM'S on Sunday.
The following arc the prices of new shares quoted on
the Bourse of Lyons, May 15 :

1/2 %... to
Chester Ditto Extension
10
CCahmesbterir ndagedarkdoLlyihnecaodln . ..... 1
1/2
1614 to
Cnichester and Brighton,..... 10
Churnet Valley
l'irect Northern -
Dublin and Galway .. .... ..... 21/2...... 4 . to
Dublin and Mullingar
Eastern Counties
Do. Perpet. 5 per Ct. No. 1. 5/.13s 4d 1%... to
Eastern :union
•••... to
Dia& Extension ..•....;
..,. 7 2% to
Great North of Englaml ..... .100 . .......207 ....% rto 208
Ditto New
Ditto New
Great Western
Ditto Fifths
Lancaster and Carlisle... ..... . 20 ...... 41
London and Birmingham —.lOO ..... . _
Ditto Thirds
London and 81ackwe11......... 16% 9l/2%... to
London and 8right0n.......... 50
London and South Western.. 41%„, 79% to 79
Ditto New 2l/2 l3l/234... to
London and York...—. 2l/2 4%1/2... to
Midland. ......................... 100 l6B 169... to 167
Ditto New
Midland, Birm. and Derby _lop
129
50 to
Ditto New Brandling
tc
Newcastle &Darlington .Junc. 25
Newcastle and Berwick
Newry and Enniskillen ...... 21
•
North British ... 10 - I7A %,.. to
North Kent
, 4 ...... 5
Rugby, Worcester, and Tring 1
Scottish Central
Scottish Midland
South Eastern and Dover
Ditto New, No. 3 2IA
South Wales
Trent Valley and Holyhead
Junction... ... 136 2% to
York and North Midland ... 50 ......
Ditto, Extension
FRENCH RAILWAYS.
Boulogne and Amiens
Bordeaux and Toulouse
Bordeaux,Toulouse and Cette 2
Great Northern of France

Avignon and Marseilles, 1,040 f., end of May; Paris and
Orleans, 1,220 f. cash ; Paris and Rouen, 1,097 f. ; ditto Or-
leans and Vierzon, 818 f. end of May ; Boulogne, 650 f. ; ditto,
Montereau, 567 f. cash.

HOUSE 01 LORDS-(THIS DAY.)
The House sat again to-day at ten o'clock, to hear the further
• k
arguments in the part-heard appeal of
VISCOUNT DUNGANNON V. SMITH.
The same Peers and Judges were is attendance as were present
yesterday.
The case occupied their Lordships the whole morning.

SHERIFFS' COURT.-(THIS DAY.

(Before Mr Under. Sheriff BURCHELL.)
SHARP P. DANDY.

The plaintiff in this action is an harness maker at Hammersmith,
and the defendant an omnibus proprietor. The action was brought
to recover the sum of 181. 7s. 9d. for goods sold by the plaintiff
to the defendant.

Mr. Thomas appeared for the plaintiff, and Mr. Prentis for the
defendant, who pleaded that as to 14/. he had paid the same, and
that as to the remainder he was protected by having passed
through the Insolvent Court.

Mr. Tuomzs stated the case, and called witnesses to prove the
delivery and value of the articles supplied.
Mr. PRENTIS said he should call witnesses to prove the pay—
ment of 101. to plaintiff, and also that receipts had been given for
101. and dl., and that they had been seen by the defendant's ac-
countant when he made out the schedule for his passing the In-
solvent Debtors' Court, but that they had been accidentally lost.
He further urged that even should he not be able to adduce strictly
legal proof of the payments, yet, if he showed there
was no fraud on the cart of the defendant
in inserting a lower amount thaw that actually due, yet
that defendant was cleared of that debt by the operation of the
Insolvent Act. This point had been decided before Mr. Baron
Parke at the last Oxford Assizes in a case where the real debt was
321., and the sum inserted in the schedule was 101. In that case
tt wes held, that although the amount was so very different, if it
was clearly the same debt, and there had been no fraud, the defen.
dant was entitled to a verdict.

The UNDER.SHEILIFF said, in that case, a notice was given—in
this case there had not been any ; and, therefore, the plaintiff had
not had the opportunity of challenging the debt or opposing the
insolvent.

(Laffitte's)
Do. Do. (Rosamel's). ..... ..- 2
Louvain and jemeppe ...... ... 2
OparlreisanasndanLdyßonosrdue,aaunixtte.)...... - 22
Namtu and Liege 2 % 6IA ... .. . to 53/t
to 12
3% to
3
Sambre and Muese
JOINT STOCK BANKS.
27% to
London and Westminster ... 20
51%... ••
to
Provincial of Ireland ... ...... 25 --Al%

Three witnesses were then called, and swore positively that they
saw part of the goods taken home by the plaintiff himself. and that
10/. was paid down, for which he gave a receipt. They were,
however, contradicted by two of the plaintiff's journeymen, who
swore that they took the goods home.

Mr. Ashton, the defendant's accountant, deposed that he made
out the schedule for him to pass the Insolvent Court, and that
amongst the vouchers he saw two receipts signed in the name of
Sharpe—one for 101., and tho other for 41.—he could not, how.
ever, say that they were in plaintiff's handwriting. Those receipts
were given with other ♦ouchers to a person named Childs (since
dead) to take to the Court to be Sled, but that he got drunk and
lost the whole of them on the way.
__ ....

LLOYD'S SHIPPING.-(THIS DAY.)
LONDON, MAY 20.—Wind northerly, moderate breeze, and
fine.
DEAL, MAY 19.—Wind N. to N.N.W., fresh brceze.—Arrd.
Gloriana, Webb, Calcutta; Neried, Longford, Ichaboe;
Spartan, Richardson, Rio Grande. Sld. Lady Raffles and
Mary Bulrner, Quebec.
FALMOUTH, MAY 19.—Wind N.N.E., fresh breezes.—Arrd.
Orion, Matthison, llavannah (13th ult.). Off, Protore,
Adrianet, Danube.
GLOUCESTER, MAY 18.—S1d. Pegasus, Quebec.
NEWPORT (MONMOUTHSHIRE), MAY 19 —The extent of
damage to the Diamond is not yet ascertained. The water
is letting out of the clock to raise her, and a survey is to be
held on her to-morrow.
FOLKSTONE, MAY 18.—The Swansea Trader, Shelly, from
Hull to Folkstone, foundered twenty miles north of Cromer
on the 15th inst. ; crew saved, and landed here.
OFF ALDBOROUGH, MAY 17.—Mary, of Newport, Ichaboe,
for Dundee.
BELFAST, MAY 17.—S1d. Josepha, Quebec.
TORBAY, MAY 18.—Sid. Release, Bermuda.
CORK, MAY 16.—S1d. Helen, Newfoundland.
NEWPORT, MAY 18.—S1d. Leander, Quebec ; Arieta,
Grenada; Fame, Bermuda.
LIVERPOOL, MAY 19.—Wind N.N.E.—Arrd. Elizabeth,
Buenos A vres ; Asia, Hannah, Mobile; Maia, Shanghae ;
Bellairs, Calcutta; England's Queen, Bombay; Anglesea,
Jamaica ; Genessee, New York ; Mary, and James and Mary,
Sinnott, Quebec ; Montague, Newfoundland.
OFF TusKAR, MAY 15.—Eagle, Ichaboe.
CORK, MAY 17.—Arrd. Formosa, Clyde, for Quebec, put
back from lon. 17, leaky. Off, Emily, Foster, Cape of Good
Hope ; Minerva, Dunn, Ichaboe; Emulous, Mackie, Barba-
does, for Belfast.
OFF PLYMOUTH, MAT 16.—Immanuel, Pernambuco for
Copenhagen.
OFF BEACHY HEAD.—Red Rover, Charleston, for Hull.
GRIMSBY, MAY 17.-;-.A boat marked "Swansea Trader,"
much damaged, has been picked up and brought in here.—
(See Folkstone).

Mr. THOMAS replied, and contended that the tale was altogether
too improbable to be believed.

The UNDER-SHERIFF summed up very minutely, and said it
was more a question of fact than law ; no doubt, if there had not
been any fraud or negligence on the part of the defendant, even
the great difference would not have operated against him. The
main point was, had the payment of 14/. been made out. The evi-
dence was very conflicting, and it was for the jury to say
whether they believed the case for the defendant. To make out the
whole case they must not only believe the payment of the 10/., but
that receipts signed by the plaintiff' had existed for 'sums now
claimed for—if they believed that 101. had been paid, but were
not satisfied as to the other 41., they would reduce their verdict
by that sum.
The jury gave a verdict for defendant.

NATIONAL ANTI-CORN-LAW
LEAGUE BAZAAR.-(THIS DAY.)
This is the second day that the admittance to the Bazaar has
been reduced to a shilling, and the consequence is, that it is more
crowded than ever. It was really with some difficulty that we
made our way round the Bazaar, and then only by patiently waiting
and going on with the stream. The entrance staircase
was at one time completely blocked by persons standing to
admire the splendid Glasgow prize carpet, which attracted the
attention of all passers by. There is a new standing opened in
the dress-box lobby. It is the standing of bed-ticking contri-
buted to form a fund for the relief of the distressed Dorsetshire
agricultural labourers. A milpuff bed, two pillows, a sheet and
counterpane, can be purchased for the sum of five shillings;
and for this sum the League undertake to deliver them to one
of the families of the distressed agricultural labourers in Dorset-
shire. We trust, for the sake of the poor labourers, that thcse
beds will find a ready sale. With what ftce the landowning mo-
nbsaimuotpoutoanwltiiseotnyhceTawntneraelulcutohff: starving labourer, who owes his very bed to the
bounty of free-traders, that the corn.laws are kept up for the benefit
odtenthee.gatgreicmulotunoporal
ila:ouumreary,
beandfouthndat free
am:n some possessed
would render his
dtohuabtn it ihsetahterpresent, we cannot imagine. That
which even Professor Trullesaftmaig,huttheniZeacwileteditdaoolfnraoentfudituitußibount,

The Calypso, 20, fitting for commission at Chatham, will
be ready in a few weeks.

MARKET NE W S.-(THIS DAY.)
HAT AIARIEMICS, _ •

SMITHFIELD.—Coarse Meadow Hay, 3/ lOs to 4/ lOs ,• use-
ful do., 4/ 12s to 515 s ; fine Upland,do., 5/65 to 5/12s ; Clover
Hay, 41 lOs to 6/ 3s ; Oat Straw, 1/ 18s to 2/1s ; Wheat Straw,
2/ 2s to 213 s per load. A moderate supply, and a sluggish

demand. -
CUMBERLAND. - Coarse Meadow Hay, 31 12s to 41 12s;
useful ditto, 41 14s to 5/ 3s ;- fine Upland ditto, 514 s to 518 s;
Clover Hay, 41 lOs to 6/ ; Oat, Straw, 11 18s to 21 2s ;
Wheat Straw, 21 2s to 21 4s per load. Trade tolerably
steady, at our quotations.
WIIITECRAPEL.—Coarse Meadow Hay, 31 12s to 41 12s ,
useful ditto, 4/ 14s to 51 5s ; fine Upland ditto, 5/ 6s to 51
lOs ; Clover Hay, 41 lOs to 6/ Gs ; Oat Straw, 1/18s to 2/ ;
Wheat Straw, 21 to 2l 3s per load. Supply moderately good,
and trade rather dull. _