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SATURDAY, FEBRUARY 20, 1864.

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perty, finds himself compelled to get up in what Charles | mittees of the Commons and the Lords, the two Houses
Lamb used to call 'the dead of the morning,' gulp his should agree to joint committees of seven, three from each,
breakfast like any common individual, and hurry down to with a paid functionary to act as assessor or judge. A
a committee-room stuffed with lawyers, witnesses, and all beginning has been made this session, by the appointment
manner of plain-spoken and plainly-dressed people,-there of a joint committee of preliminary inquiry into the
to sit for four or five dreadful hours listening to their necessity and expediency of metropolitan railways; and
vulgar talk, and making believe that he takes judicial we hope it may prove the first of a series of precedents.
heed of their vulgar concerns. The whole time for amuse- The other resolutions submitted to the House of Commons
ment is cut up in this way, and the thing is for him simply by Mr Milner Gibson, in accordance with the desire of the
a deuce of a bore. Equally fretful under the growing Select Committee on Private Bills, relate chiefly to the
liability to service on Committees is your railway jobber tariff of House fees, framed upon a graduated scale.
who has bought his borough seat; and who having paid Some reduction of charges is thus promised; but looking
high for it, thinks it rather too bad that he should be at the average amount of parliamentary costs, it can be
expected to squander so much of his time, which is his regarded as in ordinary cases hardly appreciable.
ill he has no direct pecuniary interest. He would not
money, in adjudicating between parties in whose weal or
mind giving up the evenings occasionally to what
he calls attending the House, that is, dining with
some business friends in the coffee-room there, smoking
a cigar or two with a colleague whom he had not
an opportunity of speaking with confidentially at a board
in the morning, or getting through an arrear of private
letters in the library, within earshot of the division bell.
But really to be forced day after day for a whole fortnight
mittee of group X, Y, or Z is too bad, and "what nobody
to neglect his personal affairs in order to serve on Com-
"can stand."

Of

THE MODIFIED TICKET-OF-LEAVE SYSTEM. To make things pleasant to the Governors of Convict Prisons would seem to be the only aim and end of the proposed modification of the ticket-of-leave system. How, ask several supporters of the principle of remission, are 1,000 or 1,500 prisoners to be kept in order without some temptation to good conduct? But why, then, are convicts large to be manageable without coaxing expedients? One massed in such numbers? Why are prisons made too

fault is made a reason for another fault.

An

The present House of Commons, it is clear, does not intend to attempt the reform of the corrupt and oppressive practices so long complained of in Private Bill Legislation. Last Session a Select Committee sat to inquire into the nature and extent of them; and the evidence given before it, though far from being as explicit or comprehensive as it might have been, would fully have justified the recommendation of vigorous measures of change. A system has grown up during the present century by which the greatest enterprises and the smallest works of local utility are con verted into excuses for an amount of gambling and extortion, wholesale bribery and individual injustice, without any parallel in Christendom. To sell for the most necessary public purpose half an acre of a settled estate; to lay The select body of anti-reformers who sat last year According to the theory of the licensing system the down a hundred yards of gas-pipe for the benefit of a sympathised with these sorrows, and desired to alleviate prisoner is taught to love labour, or as Mr Walpole country town; to supply a populous and thirsty parish with them so far as might be compatible with the sub-expresses it, he acquires some of those habits of industry good water, at the rate of ten shillings a house; to make stantial perpetuation of the system. Truth to say, their by virtue of which he may succeed when set at liberty. a tramway from a colliery to a quay; or to open a line of suggestion on this head does not amount to much. We question the fitness of the word habit applied to what every group of bills there are almost invariably two is done for the nonce, for a temporary purpose. An idle from one neighbouring town to another, it is or three less hotly contested than the rest, and regarding disposition will not be conquered by compulsory labour. necessary to obtain an Act of Parliament: and before such which the promoters and opponents would be content to A man who hates work will not be converted to a love of Act can be obtained it is indispensable to go through all go before a privately appointed arbitrator, if they did not it by enforced practice, though he will undoubtedly be the forms, and to incur all the charges, of the most onerous fear being suspected by somebody or other of having thoroughly reconciled to the pay attached to it. species of litigation, and to incur all the anxiety, risk, entered into a hocus-pocus or a corrupt compromise. Why inmate of a convict prison gets about as fond of the labour and loss which such an ordeal entails. This is what not let them have the option of referring the points in required in the place as the inmate of a hospital of the is called Private Legislation. It has become part and dispute to an officer of the House believed to be intelligent régime compelled in sickness. parcel of life as it is at Westminster. Hundreds and impartial? The Chairman of Ways and Means, not But suppose the theory all true. Suppose that you have of professional men of various degrees support them- having very much to do, has tendered his services as only to put an idle rascal into a convict prison, and that selves exclusively by it; and great numbers of persons official referee. They have been readily accepted, and on by virtue of acquaintance with labour an industrious man have lost and won fortunes by dabbling in its exciting the motion of the President of the Board of Trade the will come out after a certain period of probation. Why, and uncertain vicissitudes. But reason for the thing there House unanimously voted, on Monday night, that in future then, is the benefit of this system confined to the worst is no better than for the notorious establishments at Hom- wherever parties found that they had nothing really worth class of offenders, and denied to those whose delinquencies burg, which a certain German potentate thinks fit to keep arguing about before a Committee, they might have the are of a more venial nature? Truly says the Chief Justice up, regardless of all reproaches and remonstrances; and case sent to Mr Massey, binding themselves to abide by his of the Queen's Bench, the system must be good for all, or there is this difference-that in the Hessian places of decision, either sitting alone, or with such other members of for none. That high authority is for certainty and reality plunder the victims go voluntarily, and cannot be com- the House as he might call to his aid. It is not impro-in punishments, and would give no place of favour to pelled to stake more than they respectively choose; whereas bable that this may lead to the gradual appointment every shams. He has little faith in the reformation of the devil we are obliged to share individually or collectively, year of a committee like that of standing orders or of sick. And above all, he looks to the interests of justice, and whether we will or no, in the chances of the Parliamen- elections, the Chairman of Ways and Means being its not to the comfort, ease, and convenience of gaolers. tary hazard table, and to an extent which none of us president. We do not see how it can do any harm, but that the Commissioners from whom he differed had those beforehand can pretend to measure. The security of we must buy a new pair of spectacles before we can see considerations in mind, but their opinions were biassed, if private property and the facility of public improvement distinctly the great amount of good. It is simply a not formed, by the reports of officers of prisons much like injured, without necessity, without compunction, decanting of the contents of so many bottles into a five-studying the smooth working of their authority. a without redress. Nobody takes the trouble to deny gallon measure; but what about those which are not thus The ignorance with which jurisprudential subjects are the existence of the evil. It is too notorious, and the started, and which outnumber these as four to one? It is candals incidentally connected with it are unhappily as all very well to tell lucky folks who never had corns that ell known as those incidental to the mode by which they may as well bathe their feet and wear easy shoes by seats in Parliament are obtained. Yet a majority of way of prevention; but what comfort is this to the lame? members of the House of Commons stoutly set their faces Courts of justice do not sit early and rise late to settle against any change which would break up the system; differences between uncontentious litigants. The bulk of and Government, we are sorry to see, shrinks from the their business is in curbing the overbearing, disappointing invidious duty of calling upon them to do so. the greedy, over-matching the strong, detecting the frauConstituted as the present House of Commons is, it is dulent, hearing the cry for help from the weak, and probable, no doubt, that any proposal of the kind would wrenching from the gripe of avarice and oppression the be unsuccessful. But defeat in the first instance has been spoil which, by length of purse and the force of elastic the fate of every great reform in our day; and the chances testimony, it had hoped to win. And the bulk of the of rejection furnish no sufficient plea for not making the business done in parliamentary committee-rooms, however attempt. The days of the existing good-for-nothing Par- little these resemble courts of justice, ought to be the liament are drawing to a close; and as we certainly cannot same; for in them too much would have more, the power of have a worse chosen in its stead, we are bound to hope combination is insolent, and the tongue of rapacity that we shall have a better. How, then, comes it that, is loud. What is wanted there, is some authority to even with a view to the future, no proposition is made of a restrain vexatious delay and to enforce uniformity of practical and definite kind for mitigating, if not abolish- decision; to sift, expose, and punish plausible imposing, the frightful abuses of what is miscalled Legislation ture; and peremptorily and impartially to release from for Private and Local Wants? Legislation, in the true vexatious attendance and ruinous expense all who have and legitimate sense of the term, the thing is not; but a not a substantial interest in the issue, or who ought to "I must take leave to say that if hereafter the courts of hateful and shameful misuse by Parliament of powers be dealt with fairly without litigation. In a word, what "criminal justice, including the courts of assize, should which formerly were never perverted to such purposes, and is wanted is that the ordinary principles of civil juris-"pronounce their sentences in the spirit of injudicious which nobody affects in theory to defend. prudence should be imposed as rules upon parliamentary "lenity which has distinguished the administration of

Not

discussed in Parliament appears in the language held about
uncertainty of punishment. There is no uncertainty in
the mind of the prisoner, says Mr Cave, and other members
spoke to the same effect.
But the vice of the uncertainty

is its encouragement to those who are not prisoners. We
want certainty of punishment to deter from crime, and
we have now the highest possible degree of uncertainty to
embolden the evilly disposed. The proposed change will
not mend the matter. Its author's reliances are indicated
in his statement:

If there were one thing proved by the evidence taken before the Royal Commission, it was the necessity of holding out the hope of a remission of his sentence if they wished the convict to be well conducted in gaol, and to be ultimately reformed.

No doubt the cunning convict will be well conducted in gaol, the object to which all the evidence of the prison authorities is addressed; but for the rest, the ultimate reformation, we must hope, not trust.

The most important observation in the debate of Thursday was made by Sir John Pakington with reference to short sentences:

Mr Milner Gibson, in moving a series of resolutions on committees, and that the decencies of public justice should" criminal law for the last few years, it will become a the subject suggested by the Select Committee of last year, be made obligatory upon them. A competent officer to "matter of minor importance what system of punishment declared that they were not meant as parts of any general preside as judge, if members of Parliament must still be "we may adopt."

scheme of reform, but merely as modifications in detail of jurors in these anomalous tribunals, is what common sense It is proposed to make five years the minimum of penal the existing system. The great increase in the number of points out as the great thing needful. The proposal of servitude, but, in the indulgent spirit that prevails in most private bills have of late years rendered the attendance of Lord R. Cecil, that the evidence in the case should be taken of our Courts, will long or short terms of punishment be members upon Committees sometimes extremely onerous. in a court of inferior jurisdiction, while the decision should preferred? Believers in the virtue of Sir George Grey's Instead of sauntering down to the House at five o'clock, in be still left to a committee of members, irresponsible and Bill should, in kindness to a prisoner, rather give him five time to hear a provoking question dexterously parried by often incapable, of estimating correctly the weight of con- years of penal servitude than a shorter and nominally the First Minister, and leaving in time to dress for dinner flicting testimony, was rejected as tending only to make milder punishment. Austere magistrates will sternly with a vague animus revertendi at some late hour should a bad worse. We confess we have always held the opinion sentence offenders they think incorrigible to a year or two party division be expected, the parliamentary man about that a vast saving of time and cost would be gained if, of ordinary imprisonment. The mild and benevolent will town, who has inherited his seat with other family pro- | instead of a double trial of the same case by separate com- strain the law to give the poor prisoner penal servitude,

THE PRISONERS' INSANITY BILL.

pretext of

berate trial, which was presided over by a judge distinguished alike

and with it the benefit of the system "holding out the was done in all the Acts preceding the statute of 1840. Without it cannot consistently with principle stop there, but must "hope of remission conducing to good conduct in gaol, wishing to make the slightest reflection on the right honourable proceed to regulate equipment. And we cannot deny that "and ultimate reformation." If this be not a dream of exist in his hands at power of supervision under the plowed tf there is force in this reasoning, still est quodam prodire benevolence, the true schools of industry and virtue are exercising the Royal prerogative of mercy, so long would tenus, si non datur ultra, is a sound position. the convict prisons, and crime makes the eligibility for the law be administered unsatisfactorily to the people and in a man- Good ground tackle too, it must be observed, will the best and cheapest of all possible educations. ner repugnant to the principles of the constitution. In Townley's provide safety emperilled by defective equipment. case a very competent and intelligent jury, after a solemn and deli- Some weeks ago we had to remark upon the statement for his knowledge of the law and for his humanity, found a verdict that the Barking smacks, lost with more than a hundred against the plea of insanity. The judge was of opinion that the lives in the severest gale of the winter, were unproverdict was well founded. The Lunacy Commissioners saw no vided with trysails, in other words, were exposed to Our opinion that the proposed amendment of the Act reason why the sentence should not be executed, and the right hon. storm without the storm sails suitable. We could hardly relating to insane prisoners will only make the law less gentleman, agreeing with the judge, with the jury, and with the believe a fact so disgraceful to owners on the one hand, unsafe and leave it still in a very unsatisfactory state, is Lunacy Commissioners, expressly said that he was not disposed to interfere. Then came the certificate, and the right hon. gentleman, or to the seamanship of the poor fellows on the other, confirmed by further discussion and consideration. An without inquiry and without ascertaining whether it was not the if having their storm sails they neglected to set them. Act of George IV patched up an Act of George III, and prisoner himself or his attorney who named and fee'd the medical men And the smackmen are thoroughly good seamen, but the Act of Victoria in 1840 patched up again the preceding who gave the certificate, sent his warrant at once to remove the like all seamen, good and bad, they are imprudent, and Act of George. And as we conjectured, prisoners under prisoner to an asylum, and by force of custom in the Home Office, sentence of death were for the first time included in the matter how procured, he could not afterwards be sent back to be ex- is that the Barking men carried their close-reefed or when once a prisoner was removed to an asylum by a certificate, no postpone measures of safety to the last. Our impression provisions, unsuited to their case, of the statute of 1840, ecuted. He urged this upon the House, not for the purpose of im- balanced mainsail till the weather was too bad to allow of which seems to have passed unnoticed, though all now puting a shadow of blame to the Secretary of State, but of showing their taking it in and setting their trysails. There comes concur in regarding it as a most objectionable piece of the unconstitutional and mischievous character of the Home Office legislation. We are sorry to say that the liberal adminis- jurisdiction. He trusted that jurisdiction would soon be put an end a time, in storm, when a vessel cannot for a moment be left without sail without destruction, and therefore sails to, and with that object he should shortly ask leave to introduce a tration of Lord Melbourne had to answer for this negligence. measure, by which the great question of life or death should be re- should be shifted before this extremity of weather arrives. What were the Home Office and law officers of that time ferred to the true, constitutional and legal tribunal--a judge and jury. And while we are touching on this subject, concerning the about, where their vigilance, their care for justice? A cry will be raised against circumscribing the pre- lives of thousands of hardy and excellent seamen, we rogative of mercy, but there is more mercy in pure cannot do better than reproduce a suggestion of Admiral justice than the unreflecting are aware of. Bullock, addressed to the Shipping Gazette, with reference to the loss of the smacks :

The pending Bill has two objects, to make the certificate surer, and to give the Home Secretary more freedom to deal with it. But in precise proportion that the one Yet the clemency of the Crown may have its place and object is accomplished the other becomes more difficult, or, action as well as the Court of Appeal its jurisdiction. Finding the disastrous loss of fishing smacks on the north-east in other words, the greater the credit of the certificate the Wright's case, for example, seems to us to have been coast of England attributable to the want of trysails, I am desirous less free will the Home Secretary feel to disregard it. one for mercy; for if there had existed a Court of Appeal, to add my opinion, based upon a long experience, that a cutter without Public opinion would now support him in treating with his plea of guilty would have excluded him from it. But reefed mainsail is ever a dangerous sail in a heavy running sea; nor a trysail is not perfect, i.e., not safely equipped for sea. The closesmall respect a certificate signed by any two magistrates why was that ill-advised plea received? This is a ques-is the trysail even safe without constant care and fatiguing attention, and any two medical men set in motion by the prisoner's tion which will be discussed in another column, in which as an incident in my nautical (professional) career will serve to illusattorney; but if the authority of the certificate be raised it will appear that poor Wright suffered, with scant justice by confining it to more trustworthy hands, by so much the and no mercy. more difficult it will be for the Minister to slight it, and As for the alleged law for the rich and law for the poor, his discretion will practically be nominal. It comes to the truth is not that there is any difference in the law, but this, that as discretion is improved in one direction it is that the poor cannot pay the price for it. If Wright could effectively taken away in the other. Inconsistently enough, have fee'd clever lawyers they would probably have helped indeed, the certificate is to be less binding as it is made him to the law reducing his crime, and saving his life. more worthy of being binding. Townley, indeed, had the means of buying more than law, the defeat of justice.

ANCHORS AND CABLES.

trate. In 1820, on my way to Newfoundland, in a cutter, under convoy of a frigate, we encountered a westerly gale, and were obliged to heave to, first under the close-reefed mainsail, which we found too heavy and dangerous to carry, and afterwards under the trysail, which certainly improved our condition; but even then, as the little vessel lost her way, she fell off, and exposed her broadside in the trough of the sea, which at every instant threatened to sweep the decks and wash us all overboard. The case was serious enough, but the remedy was still in a seaman's ready resources, and I lost no time in availing myself of them. It occurred to me that a floating We do not believe, however, that the credit of the certianchor or temporary breakwater would keep the bow to the sea, and ficate will be much raised by limiting the local commission. save us from much anxiety. The idea was no sooner thought of than to visiting justices and medical men chosen by them, but in acted upon. I strengthened the square sail yard with all the spare spars I could muster (a trawl-beam and net attached divested of its one of two ways the proposal will fail, for either the ceriron heads would have answered much better), and these carefully tificate will remain of little worth in public opinion or if lashed together presented a respectable floating mass, around which of improved validity it will leave the Home Office no In support of Mr Laird's Bill for testing anchors and I rolled half the equare sail, leaving the other half floating, to aid in choice but to give effect to it. Could the Secretary of chain cables, Sir J. Elphinstone referred to the wreck repressing the surface breaker, in which only is there any progressive State let justice take its course, and a convict suffer death account, in which it appears that last year nearly a drifting slowly to leeward, left the impromtu anchor in its useful motion. When completed it was launched, and the little craft, after a certificate of insanity had been furnished by the thousand lives were lost; and in 1862 the enormous position to windward, checking, as the hawser tightened, her perilous persons now proposed to be empowered? He might have amount of 325,940 tons of shipping were lost or seriously falling off. The experiment was eminently successful, for the moment the surest information that the prisoner was sane, and that damaged, which, taken at the moderate average of 10l. a the anchor took effect, the bow received the shocks, and relieved us motives of compassion or repugnance to capital punish- ton, represents a loss of property of three millions and a in an open roadstead. So evident, indeed, did this appear that we from all further anxiety, as she rode so easily, ay, more easily than ment had influenced four gentlemen to vouch for an quarter. Much of this loss is undoubtedly referable to the all turned in, leaving one look-out only. So well did we maintain untruth, but he would not dare to act upon this conviction, bad ground tackle, and the Admiral mentioned the striking our windward tendency that our convoy was lost sight of to leeward treat the certificate as null and void, and let a man suffer fact that out of ten ships driven in a gale from Nor- in the night, and we arrived at Newfoundland at least twenty-four thumberland to the Dutch coast, all were lost with the hours before her. It was well observed by Mr M. Smith: exception of one, which, provided with good anchors and

death.

If it was desirable to relieve the Secretary of State from the painful cables, rode for seventeen days till the weather mended. position in which he was placed in such cases as that of Townley, it The difference between absolute danger and absolute safety, was no less desirable that justice should be relieved from the scandal

THE SUEZ CANAL.

It is no easy matter for those who hold the rank of

year

the Prince

of having the solemn verdict of a jury reversed by a secret tribunal as determined by the supply of bad or good ground tackle, of no authority, the evidence taken before which was not published. Sir J. Elphinstone estimates at no more than 77. 10s. for personages in France to get permission to open their It appeared to him that the Secretary of State would be left in small ships. And in this calculation allowance is not made, mouths. Prince Napoleon Jerome is known to entertain precisely the same position after the passing of the Bill as that in which he was before, with the exception that the Act would give him per contra, for the saving of the wear and tear of canvas, very advanced opinions with regard both to Rome and to a discretion which it was now a matter of doubt whether he did or tackle, and gear. A captain who knows that he cannot Poland, as well as in most questions of domestic policy. did not possess. For his own part he was disposed to concur in the trust to his anchors and cables has no choice in a gale but In former years, if ordered to be silent on the latter point, opinion that the words of the statute were not mandatory; but be to keep to sea, and if the wind be foul, he may for days be he was at least permitted to launch forth against the that as it might, what, he would ask, would be the position of the beating to windward, or if he makes bad weather of it his Roman or the Russian Government. This Secretary of State when the Bill under discussion became the law of vessel must be hove to, and in either case his sails and has observed total silence in the Senate, and only recovered the land? He must act on a certificate from the visiting justices tackle must suffer unnecessary wear and tear, perhaps his speech last week at a banquet given by M. Lesseps in correct or not; and whether further inquiry took place, as in the damage. A single sail blown away will cost more than his own honour and in that of the canal. M. Dupin, too, case of Townley, be would have precisely the same difficulties to the testing of good anchors and cables, by the help of is another personage who has his mouth stopped by the contend with as at present. But if the Bill would give the Secretary which the ship might snugly have ridden out the gale. possession of an Imperial place, notwithstanding that he did of State no relief, would its operation be satisfactory to the public? A few years ago a brig, under bare poles, was seen in venture an oration the other day in the Senate on the subject three or four days after reversed by means of a certificate given by the offing of Beachy Head in a furious gale of wind. of Poland. No doubt he intended to flatter the Emperor, two justices and two medical men? He thought not, and he was Supposed to be in distress, a life-boat was sent to her and say something agreeable to his Government, by proving therefore of opinion that there should be some more open mode of assistance, and to the surprise of the crew they found her the absurdity of interference of the French in Poland. M. proceeding. at anchor in the open channel. When the boat came Dupin in this made a mistake. His vile diatribe against

without any means of ascertaining whether that certificate was

Would they like to see the verdict of a jury solemnly given, and then

There is no doubt that repugnance to capital punishment within hail a voice from the brig's deck asked what they any help being given to Poland proved highly distasteful is at the bottom of the whole difficulty. In Townley's wanted, and in answer to the reply to render assistance, to the Emperor, who exclaimed when he read it, "Does M. case, for example, what has become of all the interest the brig's master said, "You need not be uneasy about me, "Dupin take me for Louis Philippe?" about him now that his neck is safe? Yet if he were "I have got two good anchors down with a full scope of However, both Prince Napoleon and M. Dupin had their really insane his present punishment would be a grievous strong cable; and I shall ride out the gale where I am, no say apropos of the Suez Canal. And both, however cruelty and injustice; but not a voice is raised against it "matter how long or how hard it may blow, for I can lenient to Rome and to Russia, and silent as to the of the many lately clamouring that a madman was about "trust to my tight, lively ship and good ground tackle." German Powers, thought they might fire a few vollies to be executed. The true remedy against all abuses of the We lately adverted to Raleigh's account of the improve- against England. They represented, and with much dispensing power is a properly constituted Court of Appeal, ment of ground tackle and its management in his time, so justice, the opening of the canal to Suez as a highly and heartily do we agree with Sir Fitzroy Kelly's views that, as he expresses it, "We resist the malice of the interesting enterprise, to oppose or to discredit which "greatest winds that can blow, witness our small Mill- indicated a total want of sentiment on the part of such "seas over, between England and Ireland, all the winter and Russell-and, indeed, the whole House of Peers-for "brooke men of Cornwall that ride it out at anchor, half- opponent. Prince Napoleon arraigned Lords Palmerston "quarter." Things have deteriorated since Raleigh's day in this them, was not only essential to good feeling, but even to want of this desirable quality. Sentiment, according to have crept into the existing Act entirely per incuriam, for that Act respect, and in too many merchantmen the anchors and civil engineering. If Lord Palmerston frowned upon the for the first time gave jurisdiction to a secret tribunal to interfere cables are known to be untrustworthy, unable to resist any Suez opening, it was that he was well nigh an octogenawith the verdict of a jury. If they were now to exclude capital considerable strain. Mr Hassard mentions an instance: cases from the operation of the Act and to limit the discretionary rian, and his heart frigid. What England wanted was a power vested in the Secretary of State to cases of felony and minor In his experience as a magistrate, cases had come before him of young minister, like Pitt, who would not shrink from offences, no great mischief would ensue should a prisoner happen to men deserting from a vessel loading ore upon a rock-bound coast, rushing into war for an idea.' be certified to be insane when he was really sane. Either the right where it was necessary to slip anchor and be off when the wind

on this point:

most important error in the Act of 1840. It only proposed to leave The bill before the House provided no remedy for the great and it discretionary with, instead of making it compulsory upon, the Secretary of State to act upon the original certificate of two magistrates and two medical men. He believed that capital cases must

hon. gentleman and every future Secretary of State would, in capital came from the south. The vessel parted her times; in But whilst Prince Napoleon strongly condemned the cases, determine whether or not a prisoner was insane, in which event fact, whenever they put out an anchor strong enoughveral oil ship pacific dispositions of England, he very broadly hinted the whole machinery of this Bill would be superfluous and useless, the cable invariably gave way, and when they got out a cable if that it was for France to take advantage of them, and or he and they would adopt the certificate setting aside the verdict of suitable resisting powers the anchor invatiably came home. The to push her interests and projects with little regard a jury, the judgment of a judge, and perhaps the decision, as in the magistrates felt that it was not a case in which they could direct the to their justice; presuming that England, however she might bluster, would not seriously resent a wrong. In which absolved him from responsibility for his acts. The proper Against Mr Laird's Bill the objection is raised, that if fact, the Prince told M. Lesseps-persist in going on with course was to exclude capital cases altogether from the Bill, as the Legislature compels the use of good anchors and cables your canal, despite of Turks and Egyptians. France will

Townley case, of persons competent to decide and actually deciding men to return to the ship, and dismissed the complaint.

that the prisoner was not suffering from any species of ins nity

This was very bad and very dangerous advice. For to insist on making the canal, forcing the people of the country to work for it, and taking possession of the entire region contiguous as belonging to the Company by the right of occupation and improvement, this would be neither more nor less than making a conquest of Egypt. This was an enterprise which the first Napoleon undertook in the flower of his age and at the height of his genius. And not only did it terminate in utter failure, but it is considered by every sensible Frenchman as one of the most striking and most absurd examples of a purely sentimental policy in contradistinction to a practical one.

support you; and as to England, you need not fear her. that if the evidence were gone into, circumstances living from hand to mouth, deeply indebted to the moneyThe English, who did not send a regiment to King might possibly appear which would save his life, it is lenders. The people of India, it should not be forgotten, Christian, will certainly not declare war apropos of the scarcely to be supposed that he would not have withdrawn are not in money matters a prodigal and thriftless race, but, Suez Canal. his plea of guilty;-unless indeed the remorse and peni- far beyond their state of civilization, economical, and genetence, which he never ceased to exhibit, from the moment of rally even penurious. That India is not at present committing his crime, had made him resolve on expiating labouring under any peculiar scarcity of the precious it with his own life. This explanation does not appear to metals is, we think, to be inferred from the fact that have been made; and therefore, unless this wretched brick- Europe is at present sending to it hardly one-half the layer had been a heaven-born lawyer, it was morally im- bullion it supplied before the commencement of the cotton possible for him to know whether his act of slaying, which famine. Previous supplies had, in fact, gone a good way he never attempted to deny, did or did not amount to mur- towards saturating it. der in its strict legal sense. He was asked whether he But the monetary difficulty of India is accompanied by a knew the consequences of his persisting to plead guilty, financial state, not, indeed, formidable, but disappointing, and he answered that he did: That is, he knew that per- for it threatens to reduce the yearly 3,000,0007. of surplus sons found guilty of murder were sometimes hung; but of which have accrued since the suppression of the rebellion the nice and subtle distinctions between murder and other to no surplus at all, or, may-be, to a deficit. Lord Elgin, We will be bound to say that Napoleon the Third will kinds of homicide, in all probability he knew about as against his better judgment, was induced by bad advice to embark in no such folly. He has never given any direct much as of the properties of the square of the hypothenuse. engage in a little frontier war with mountaineers, and the encouragement to M. Lesseps; and however ready to! Two centuries ago, when human life was held at a much little war has cost the long sum of a million. There is also engage in rivalry with England upon any field, with cheaper rate in England than now, Lord C.-J. Hale a certainty of a considerable fall in the opium revenue, greater or even equal advantages, he has not the folly of observed, that "The Court is usually very backward in which, ever since the suppression of the rebellion, had been M. Lesseps, who has chosen, from mere Quixotism, to fling "receiving and recording such confession, out of tenderness steadily advancing. Most of our readers are aware that himself precisely athwart one of the great commercial and "to the life of the subject; and will generally advise the the Indian opium revenue is of two distinct kinds. In military tracks of England, as if his object were political" prisoner to retract it, and plead to the indictment." And Bombay, where it is of comparatively recent establishment, rivalry, not industrial success. It is impossible at the this humane doctrine is repeated by Blackstone, and all the culture of the poppy and the manufacture and trade in moment to tell what will be the mode of transit across the other writers on the practice of criminal courts. Now it the drug are free. In Bengal the old system of a Governisthmus that divides by but a narrow interval the seas of would be difficult to imagine a case, in which the facts, as ment monopoly is obstinately and senselessly persevered Europe from the seas of Asia. The possibility of creating, disclosed by the informations, would raise a stronger proba-in, and it is here only that loss of revenue is likely to occur. working, and keeping open entrances to a ship canal on bility, that circumstances of mitigation would have ap- Under the Bombay management the duty levied is on the either sea remain the object of great doubt. But that peared if the evidence had been entered into and scrutinized, quantity, but in Bengal on the price which the drug fetches a great passage, and a great transit of some kind will be either by the judge as counsel for the prisoner, or by one at public Government sales. Bombay yields, from a very there, is certain. Suez is another Sound and another of the gentlemen of the bar, who always show so laudable small territory, and that too a foreign one, a full third Bosphorus, but much more important than either, since a zeal in assisting an undefended prisoner. We do not of the whole revenue, and Bengal the remainder, from it joins two worlds and two oceans, instead of leading to hesitate to say that, in cases of murder, the only crime a vast extent of British territory reaching from Bengal to merely inland seas. To suppose that a Frenchman, or a which is still practically punishable with death, the plea Oude. Taking the whole opium revenue at the round sum man of any one European country, bigoted, too, in his of guilty should be taken only as an admission of the act of of 6,000,000l., Bombay furnishes 2,000,000l. and Bengal country's interests, can ever succeed in holding such a killing;-leaving the question of murder or mitigated 4,000,000l. On every chest of this last, and there are position, is absurd-quite as absurd as the equally insane homicide to be decided by the Judge and jury, not on a 40,000 of them, it is reckoned that the loss from fall of attempts of the French in the last century to hold at once bare perusal of the ex-parte depositions, but after hearing price will not be less than 257., making the financial the two great outlets of America-the St Lawrence and and seeing the witnesses examined and cross-examined. failure in this case a clear 1,000,000l. We expect, from the Mississippi. Such schemes, however patriotic and Again, therefore, we must express our surprise and the ripe local knowledge and disciplined financial skill of grandiose in the conception, are simply impossible. And regret that these considerations should not have induced Sir Charles Trevelyan, the abolition of this monstrous France should wield Neptune's trident, as well as Jove's both the Home Secretary and the Judge to institute further and discreditable nuisance, a change which, besides its thunderbolts, before she could accomplish them. inquiries as to the facts, even after sentence pronounced, financial advantage, will restore to a large portion of our Independent of the trident and the thunder, labour and and before the last fatal act rendered them unavailing. territory an important staple product of its agriculture, fos capital, men and money, are the preliminary requisites to Sir George Grey, on Monday evening, deprecated "the im- the poppy is valuable not only for its sap, but also for its the opening of the canal, and M. Lesseps has evidently not "pression created out of doors, that injustice had been oil-yielding seed. enough of either. The whole of his shares were not taken" done." Strictly and logically speaking, the justice or by the public, but for a large portion the Pasha of Egypt injustice of every decision must rest on the circumstances remains indebted. The want of men M. Lesseps supplied by of each case. But it is idle to suppose that the public authority and impressment. But Egypt has had experience will not compare and weigh decisions given, and punishof such works in the pyramids of old, and the barrage of ments awarded, in analogous cases. And when they find the Nile in our times, in which forced labour did wonders, the blacker criminal escape with his life, and the far less but, no doubt, at an immense expense of human life. M. heinous offender so hastily executed;-when they see Lesseps still insists that Egypt shall supply him with labour post-judicial investigation so freely recommended by the to whatever amount, and at whatever price, he may please. Judge and instituted by the Home Secretary in the former To this Ismail, the Pasha of Egypt, demurs. Moreover, in case, and so peremptorily denied by the Judge and Secreaddition to the canal, he has taken possession of the adjoining tary in the latter,-it can scarcely be wondered at if an region, whither he hopes to attract French capital and French colonists. This, in part, is an emigration scheme, grafted on a great engineering one. Prince Napoleon, like a generous patron, backs M. Lesseps in carrying out these schemes and insisting on these privileges.

A singular instance of the progress of the age is the manner in which the Egyptian Government has sought to

observant public cries out at what appears comparative if
not positive injustice.

THE BRIGHTON ELECTION.

The Carlton Club chuckles, as well it may, at having recovered, after an interval of twelve years, one of the seats for Brighton. In the management of elections in times like these, when no political flag is left flying and party organization or enthusiasm does not exist, the Tories are sure to have the best of it. When the choice of candidates depends on the Secretary of the Treasury or his political attorney, and no better imitation of independent opinion to control personal rivalries can be invoked than that of halfa-dozen fussy members of a great Pallmall eating-house, things practically take their own way, and local meanness and mischief are at a premium. We must do the Derbyite THE MONETARY CRISIS IN INDIA. managers the justice to own that they played their game at Brighton with some adroitness. Their candidate, a genA money crisis exists in India leading to difficulties in tleman of amiable character and agreeable manners, was parry and defeat this attack. Instead of the old diplo-trade and finance. This has been ascribed to all manner known to be for a long time upon the ground. He had matic wars, the Egyptian Government has applied to the of causes but the right one. It has been ascribed to the carte blanche to be all things to all men, so that if possible most eminent French lawyers, laid its case before them, hoarding of silver by the natives; to India's being now, he should offend none. His muddle-headed Whig acquaintand obtained opinions adverse to M. Lesseps' demands. as at all times, a sink of the precious metals; to the ances were left under the impression that he was "a rather When the latter gentleman, therefore, thought to interest incapacity of the mints to coin fast enough, and to the Conservative Liberal," while his un-particular Tory friends the press and get it to thunder against the Pasha for inability of the banks to issue a sufficiency of paper money. called him "a somewhat Liberal Conservative." What thwarting a great French enterprise, the Egyptian agents We believe the true cause to be over-trading, or speculation difference, if any, there was between these two electioneersheltered themselves behind the positive and written beyond means, a mistake which India has made before, ing handles to his name, Mr Moor did not explain, and opinions of such men as Odillon Barrot and Jules Favre. but probably never on so great a scale as on the present nobody asked him; but by help of them he has been safely The ground was thus cut under the feet of M. Lesseps. occasion. The unnatural demand of Europe for cotton, and easily lifted into the representation of Brighton over He can no longer work the patriotic dodge. The Duc de caused by the American civil war, is the main cause of the the heads of two-thirds of the constituency. It is true Morny, empowered by the Emperor to examine into the over-trading. Before the cessation of the American supply, this result could not have been obtained by any mere pliancy question, does not, it appears, admit the justice of M. the cost of the Indian supply at the old normal prices was on his part, or mere complaisance on the part of his supporters. Lesseps' exigence. And the end, we suppose, will be the estimated at no more than 9,000,000l. Very nearly the Without the active co-operation of a powerful detachment of abandonment of the lead of the enterprise by that over-same quantity in 1863, and of somewhat worse quality, so-called Liberals, it would not have been possible under any energetic individual, and its being entrusted to some chief is estimated to cost 43,000,000l., a difference which circumstances to defeat the main body, who having chosen Mr or company more conciliatory and cosmopolitan. Fawcett as their leader, adhered to him steadily to the end.

JUDICIAL AND EXTRA-JUDICIAL
INCONSISTENCY.

amounts to the frightful sum of 34,000,000l., one sufficient to disarrange the commerce of any country. It has to be Why they were not more numerous is a question that admade good by imported bullion and merchandise, which mits of various answers, each of them being partly true and have at the same time to pay for the usual supply of partly the exaggeration habitual to disappointment. There other Indian staples, such as sugar, rum, Indigo, raw silk, are, no doubt, scores-perhaps we should not err in saying jute, oil seeds, and rice, hides, horns, &c. No wonder, hundreds of honest electors at Brighton, as there cerIn the course of Monday night's discussion of the Bill, then, that such a state of things should bring on a com-tainly are elsewhere, who have got so thoroughly out of rendered necessary by the disgraceful defeat of Justice as mercial crisis. humour with the recent mismanagement and present dereregards Townley, the antithetical case of Wright was As to the theory of India being a sink of the precious metals, liction of party duties, that they refuse sulkily to fall into incidentally alluded to, as indeed was almost unavoidable, we can only say that it produces neither gold nor silver, and if rank at bugle call, and prefer to stand by and let the adif only from the force of contrast. Mr Alderman Rose it is to have them, it must have them from foreign nations. versary win. While we cannot approve, we certainly cannot observed, "It was generally felt that if the poor man It is no more a sink of gold and silver than it is of copper, wonder at the phase of political feeling in question. It "Wright had had money or friends, his trial might have tin, and zinc, of all of which it is a large consumer, without is one which has long been obvious to all except the blind "been postponed till the next Criminal Court, and his life producing a pound's weight of any one of them. It is, in and blundering mismanagers of elections on the Whig "saved." And the Alderman then touched on the circum-fact, no more a sink of gold and silver than is England of side, and it is one which fills the Tories with hopes stances of extenuation which appeared in the case. We sugar, wine, cotton, silk, and hemp. As to the hoarding they are at no pains to conceal of further triumphs deeply regret and marvel at the hot haste with which of the precious metals by the Indians, we have not the after the next dissolution. In every independent conWright was sentenced and executed; but we think that least doubt but that it has been monstrously exaggerated. stituency in the kingdom the bitter complaint is heard the justice of the case, as regards the prisoner as well as The burying of treasure in the East is seldom or never that no disposition is shown to secure the choice of men of the public, might have been attained (probably without practised, except in civil wars and foreign invasions. The tried ability or of earnest purpose; and that when such even the postponement of the trial) by the interposition only way in which silver is withdrawn from circulation in men come forward nothing beyond a faint and feeble semof a few words from the Bench. The Home Secretary India is by its conversion to trinkets for the wives and blance of support is afforded them. By those who usurp stated that "if the Judge had thought there would children of the peasants. Now the amount so disposed of the privilege of recommending candidates to credulous con"have been the slightest injustice to the prisoner, cannot possibly be large, for the upper and middle classes stituencies, no one is patronised who does not belong to "he would have postponed the trial." But if Mr are too intelligent to indulge in trinketry, and the number certain cliques, and the docility of whose obedience to Justice Blackburn had only explained to the prisoner of the peasantry who can do so must be small, the majority parliamentary orders cannot be absolutely depended on.