The Express. — London, England, 1848-02-16 00:00:00

110 stl , Ll* ;bile LORD PAL YERBTON must, in his long career, have amassed a formidable collection of enmities. He has been playing tho mute—or, as tt. French say, faisont k mort—doring his present tenure of office; and yet hie quietude has not conciliated his foes. His voice has been seldom heard in parliament : his old organ of the press has dwindled from its pristine thunder down to a puny squeak : his repartees are no longer cutting : his attitude no longer defiant : his despatches no longer denounce kings and tetrtu-chs--theirpointis enveloped to a bit of irony. II is lordship used to break t h e b u tt o ns from otf his toils; he has now carefully put them on again : so that his blows are no longer stabs, butgood-humoured pokes in the ehii. He indulges, in deed, in a utatigation of °LAIL ihta, and treats the Greeks very Homerically with a good scolding. But he says nothing harsh of either the CzAR, or METTER NICH, or the King of the Barricades. He merely ventures to hint to M. OtaZoT that an armed inter vention in Switzerland would secure neither its neu trality nor its independence, and ob,erves to NEssEL RODE and AIETTERNIciI that the treaty of Vienna exists as much for the protection of Cracow, Pied mont, and Naples, as fur Milan and the duchy of Warsaw. It is very remarkable, and ctfords a very pregnant lesson, that the more pacific and bland Lord PAL WEEETom grows, the more successful is he in his policy. When he last came into office, with his en terpnsing character and warlike tendencies about him, one the first events which ensued was the oonfiscatic , i of the Spanish succession by France, and this almost barefacedly in retaliation for England's having dared to place Lord PALMERSTON in command of the foreign policy. The Portuguese business fol lowed, and there too England displayed the strong hand—with me same result, for Portugal is lost to us almost as much as Spain. Our fleet has been ordered away in disgust, and the sooner our envoy follows it the better. The Greeks have been bullied, and to the PORTUGAL. same end. In Switzerland Lord PAIIERSTON'S policy has been quite tine:misc. It has been courteous, bland, patient, and dissuasive. Hie lordship apparently sided with most of the pretensions of the other Powers, AO much so that M. GUIZOT has quoted Lord PAL MERSTON'S official expressions Irrgety, to cover himself by the accord. If England, instead of rejecting the proposals of the absolutists in tato, closed with seve ral of them, accepted mug, with a few modifications, and merely started some few fundamental objec tions, interposed one or two reserves,—by such mild and quiet policy Lord PAtstensrox has carried every point. He stopped intervention, made a fool of GuIZOT and his Jesuitism, discomfited his own foes, and saved Switzerland. We perceive, as yet, the same cautious hand taking up, disentangliug, and atranging the threads of Italian insurrection. Wherever Lord MINT° has gone, we see the best and most pacific results. Gradually the Italian princes have yielded to the demands of their people, without excess, or riot, or bloodshed. in fact, without giving an excuse for absolutism to interfere. But the ditlicult point remained —the Ru bicon of revolution—the passing from those reforms and that species of government which emanate from liberal sovereigns, to that frank representative sys tem which can alone form the permanent basis and guarantee of freedom. This principle, this move, was not only dangerous in itself, but dangerous from its being a direct provocation to Austria, which has stipu lated against it in treaties, and which considers it poisonous in contact and example to its own system. It was greatly to be feared thlt the outbreak of Sicily, and the as complete though less sanguinary revolu tionof Naples, would instantly produce the decision of Austria to interfere. If iso: ,ed, the forcible attain ment of a constitution in the Two Sicilies might have produced this effect. But lo! all Italy simulta neously adopts the seine course. The King of PIED MONT also takes the decisive step. The Duke of Tt:s- CANY pronounces it ; the POPE himself prepares for it. The King of NAPLES calms perturbation by granting the Sicilians their separate constitution. It is not one kingdom, or one part o: Italy, that Austria must reduce, but all. It is not merely Naples, at the extremity of Italy, that must be occupied, bat Pied mont and Savoy at the gates of France, con nected with Lyons and Paris by those electric wires of sympathy, which instantly convey the thoughts of the one to the perception of the other. Prince Merreesicu must hesitate. He must bethink him it it be not possible, after all, to live in contact with Italian as well as with German con stitutionalism. The English and French govern ments may not agree, but the English and the French people do agree upon the righteous cause of Italian freedom. And where they agree, the immense moral weight of their agreement is such as must deter the northern powers from sending their legions to crush freedom in countries which, from their peninsular conformation, are completely at the mercy and ieally under the protection of the maritime powers. We confess, that the Neapolitan revolution, as an isolated fact, alarmed us. But a unanimous Italian movement to representative government is calculated to restore confidence, because it baffles and precludes foreign intervention. There is no prospect of any extreme or anarchical party taking advantage of royal concessions. The middle classes seem not bitten by political frenzy ; we hear of no clamour for a Spanish constitution, or a single chamber. And if sovereigns do but act sincerely up to their present promises, and foreign powers abstain from threats and from dictation, Austria may find reform and representative government to be even more peaceful neighbours than the convulsed, priest-ridden, and despotic regimes which they supersede. In all this we see nothing to entail upon us the necessity of either war or war-preparation. The move ment of o hich we have described the present state, with its future contingencies and tendencies, is one that binds France and England closer, and does away with their antagonism. And when France and England speak with one voice, they do not require to arm in order to be listened to. Already generous voices have been raised in France against war expenses and arma ments, as highly provoking to England, and, moreover, as seriously wasting the beet resources of France. NlicuSL CHEVALIER has addressed to his countrymen precisely similar arguments to those which Mr. Coupe's has employed in addressing Englishmen. And M. MICHEL CHEVALIER, instead of being assailed as a calico-printer and a betrayer of his country, has been met by universal congratu lation. - - The Oriental Company's steam-packet, Montrose, Capt. John Bowen, arrived at Southampton yester day-, and landed her mails under the charge of Lieut. J. J. Wilkinson. RN., Admiralty Agent. Her dates are: Gibraltar, Feb. 5 ; Cadiz, 6th; Lisbon, 9th Oporto, Bth; Vigo, 11th. Much sickness still prevailed is the British squad ron at Lisbon. From Jan. 2 to Feb. 2, there had been 48 cases of small pox on board the St. Vincent, out of which twelve cases had proved fatal. From the 3rd Feb. to the 9th inst. only two more slight cases had appeared, in two midshipmen on board that ship. All the other cases of influenza in the other) ships of the spadron were rapidly on the decline I when the pack( t left Lisbon. The influenza, too, was also very general on board the French frigate Psyche, in the Tagus. Our correspondent's letter will afford full particu lars of all political intelligence. LISBON, Fos. 9. The daily debates in either house are now aesum ing a character of interest; the first matters disposed of have been the addresses to her Majesty in reply to the speech from the throne. The tenor of these documents differs but in small degree from the generals tyle in similar CUM The state of the Amulets is, however, admitted to be mos t deplorable, and the necessity of increased and heavy taxa. Lion is insisted upon; and this, with extraordinary economies, are stated to be the only means that present themselves by wi.ich the country can be saved. The only political matter connected with the addresses worthy of note is contained in the one from the lower house, where iris declared that rigid sequin is necessary to ascertain whether the dignity of the crown, or her Majesty's royal prerogative, have in any way been offended b the [Nat' of the convention ente red into, by which her slrjesty granted an amnesty to her aura lec cte ts d lately it, arms. This particular paragraph has notice, as 'semi , •ily indi( t lye of admire less to conciliate than to revertto harsh measures. Taking advent:l4e of the slight debate upon the address in the upper chamber, Costa Cabral wised upon the occasion to enter upon his long-promised explanation and defence of his conduct, both as regards the public acts of his adininis• tration and the still more grace charges preferred against him of personal corruption. His speech commenced on the llst, and was continued for three days. To attempt more than a brief outline of its prominent parts will be impos sible, nor can it properly be termed a speech. but rather should he called a state paper, an elaborate awl a lengt hy one, got up with nicest tare and. months of study. The principal eubjecta upon which he sought to defend and jug. tify his administration were the three laws—the law af direct contributions, the law for the impravement of inlet ing and for the making of new roads, and, above all, the law 1 relating to health, co sanitary code. Thies were the most prominent of the subjects brought before the house, se eaelt of these laws bad more or lees considerably influeuced the revolution of the Minho; not so much from the impost themselves, but front the partiality with which they wore lesied, and the cruelties and extortions practieed by re. anne hungry Cabral employes engaged in their collect Upset 0130 cotter pain?, too, Costa Cabral spoke at some length ; it was in reference to the deportation of Count Swills and his fellow-prieeners to the coast of Africa, in direct violation of the &ricks of capitulation entered into upon their surrender at Torres Vedrss, an act of barbarity which Sir Robert Peal justly denounced as "a disgrace to the civilisation of the age we live in." As regards this one point of impeachment (for Can Cabral has been charged with counselling this mea sure) his defence seemed to be conclusive ; he denied moat positively having beenconsulted upon the subject, or offered opinion upon it; and more than that, declared that if any pledge should be proved to have been violated in this re spect, then, " the government of her Majesty" had been '• guilty of an act of had faith " that fully justified the bitter reproach cast upon it by Sir Robert Pee l; but he said he wee there to defend himself, and not the acts of others. When he arrived at the charge preferred egaiust him of personal corruption, and having from an obscure and penniless' indivi dual so enriched himself during the four years of his admi nistration as to have become one of the wealthiest men in Portugal, he miserably broke down, and should there have been one single individual acquainted with Portuguese affairs, who before entertained one small lingering doubt about the,matter, why his speech has for ever deprived him of even this email satisfaction, he evidently . approached the subject with reluctance, as ho dismissed it in baste : it was sadly untenable ground. His sole defence was a simple de nial, and a cavil at the figures of Lord George Bentinek, who had been stated to be in possession of properties that yielded him an annual income of twenty-eight contos of rein (between six and seven thousand pounds), whereas he offered to sell publicly to his lordship, or to any other indi vidual disposed to take them off his hands, the tee simple of all the lands he possessed fur the amount of one year's ren tal be was said to possess, viz., twenty.eight contos of reis He said not one word of his large investments in foreign countries, his services of plate, diamonds, dec. Altogether it was a melancholy exhibition for a public man to make. However his colleagues and partners in the state firm of Cabral, Father, Brother!, and Co., vociferously applauded his explanation, as did 1/11.0 the galleries of the house, packed as they were with the personal supporters of the minister!, and a considerable sprinkling of the soldiers and not-commissioned officers of the Cabralist battalions. But by far the most striking part of the speech was the number of English names figuring in the list, all of whom Cabral attacked most outrageously. Mr. Southern was the chief object of the rancour of the ex minister, according to whom Mr. Southern's liberal view of Portuguese politics was owing to his (Cabral'*) refusal of Mr. Southern's request for Olozaga to be allowed to remain at Lisbon. For his refusal to grant this and some similar re quest, Mr. Southern is accused of falsifying and withholding despatches and information, and of sinning in every way against the majesty of the Cabral*. Upon the day following the conclusion of Costa Cabral's harangue, the Count of Lavradio rose to reply, and never in the history of corruption were such scenes of scandal laid bare. Costa Cabral writhed under the well laid on lash. The election triumphs at the Cabralista vaunt were torn to threee and tatters; violence and venality were exhibited at every turn, and the true character of the recent (sham) elec toral campaign depicted to the life—the assassinations, the brutal violence of the soldiery were painfully pourtrayed ; the lures. too (where harsh measures were impolitic) that were employed to carry the day, formed ludicrous contrate ; to those of position, nominations to be councillors of state were tendered as the price; to less elevated voters, com inanderies (of military and other orders) were given ; while in one instance (pushed into a corner) one of the members of the cabinet had not scrupled to tempt a small shoemaker with the decoration of the order of Christ, as an exchange for his vote. The Count Lavradio commented upon this let ter to the house, amidst paroxysms of laughter from the few liberal peers who for form's sake had condescended to be pre- sent. But the refusal of the sturdy son of Saint Crispin, and the grounds of his refusal (for his letter was also in the count's pocket), was most rare—he repelled the tempter, re- I jected the proffered honour, saying he should he " ashamed' to be seen with their trash upon his breast." So much fur the election question. At last the count arrived at the point of more serious charges—the dilapidation of the public finances, and the I making away with public monies. In the course of this die cession he charged the Cabral-Oliviera administration with having robbed the treasury, and making a specific charge, I requested to be informed of the nature of a transaction by which twenty thousand pounds British sterling had been taken out of the hands of the government finaucill agent in London, and employed in the purchase of I%rtugume Bonds, to be held in trust for an in ividual, and to be delivered to hie order, so soon as the Portuguese funds should have advanced to a certain price. He produced to the house, and proceeded to read three portarias, or decreesof the government, ordering the London financial agent to make this operation, but, with becoming delicacy, requested to be permitted to leave a blank when he arrived at those portions of the docu ments where the individual's name was inserted. I must now pass over, without further present comment, the speech of the noble orator, for the purpose of arriving at that period of the parliamentary debates where John Oliviera, or Count ing-houee Tojal (Cabral's finance minister at the time of the transaction in question), rose to give the explanation publicly insisted upon by the Count of Lavradio. Count Total got up, and, after a rambling and somewhat obscure defence of his general financial policy, proceeded at once to the ques , ties at issue, and, instead of observing that guarded and I generous reserve of his noble adversary, stated fairly to the house that the little business matter upon which explanation was sought was most innocent in itself, and easily told. It was simply in connexion with a small arrangement, by which the services of an English journal were se cured, and by which the said journal, had con. seated to become touter, of Portuguese stock:—but I transmit you as under a literal translation of the most remarkable passages in the honest gentleman's speech. You will perceive that you have to do with a matter of fact per nor the disfigurements of diplomatic style. Let him speak for himself : Sentior president, the English press, in the whole of their corre spondences during that time (the Cabral administrition) declaimed I sPo mi n l eteits wetreheiniTuust of cal u in Bove, very di c :Cu t i?ni truth. oew your excellency is perfectly aware that every government is necensi toted to avail twit of the press to refute sorb correspondences, and If any government does not so avail Itself it is because it is either unable or very stupid ; hecanne it is very necessary to take advantage o: that great power. The (English) Wrier, during the administrationof Lord Wellington paid 100,0001, as the price of buying over the Times news paper. (hir administration, therefore, entered into an agreement with the Individual who conducted the correspondence of that journal, to the end that without exaggerating anything in it. favour, he should not publish untrue statements in Its columns against the government of Portugal, because, ins journal of each credit as the Times, cusation, however nightly founded in truth, that may be inserted in its column., Aiwa , s more or less attr acts ntwntion. That man, there fore :a very enlightened person), accordingly pledged himself to do so, and this without any pecuniary consideration, for nothing was given, nor was he capable et receiving anything. lie gave an assur awe that from that time forward he would represent matters with the FreSlCia impArtiality, slit sot discontinuing to give his 0 11inimw freely and orniscientiou,ly, SO much that after that he on Maly oC ossions censured the government, or rather the measures of govern- meat. Remark upon the statement made by this Count of Tejal is foreign to my office. Almost the only remaining subject for comment is a decree r, cently is-teed by which the civil governors throughout the empire are r,quired to send in forthwith to government a report of the known or supposed political view. entertained by their subordinates as regards this rather startling item of to-day's news. I may return to 'it again in • future letter; suffice it for the moment to toy that the government of her Most Faithful Majesty have published their resolve that every public employ,: throughout broad Portugal of whatever grade. elevated or humble, is to be sent to the right about, if not of the faction of Cabral. Proof of delinquency is not even required to convict the offender, as " suspicion" of being adverse to the court minion is made sufficient gro und for dismissal, while the vacated posts are to be filled up at the dictation of Costa Cabral himself. So a terrible reign is about to be inflicted upon this un fortunate country, and the Queen of Portugal by this mon strous edict, plainly demo..strates her impressions to be, that in England the influence of cousinship will be paramount to every other consideration, and thus protected, levies war upon the Portuguese people, while the nation disarmed and Polandised by the quadruple alliance is without resource, but to submit to the cruel rule of the Cabral'. Infatuated pr i n cess! Giesler, in the insolence of power, and protected by foreign force, set up his plumed and jewelled cap in the market place of the Swiss, while Donna Maria, and without a blush, flauntily parades, before all Europe, the greasy hats of the mean and ignoble adventurers, her advent called into life, and her policy fostered. I regret to say that the British privileges are to cease in a few days, but I believe that the English residents contem plate convening a meeting for the purpose of represent ing to their government the absolute necessity of their being kept in force until the dynastic question in Portugal is finally set at rest, seeing the utter absence of security for life or pro perty that exists under the present Portuguese rule. In the squadron there is little of novelty. On the 7th Admiral Napier landed a large force of blue jackets on the I smith side of the Tagus for exercise. Sickness is fast disap pearing on board ; every day improving accounts are re- ceived. The grand subscription ball at the Abrantes Palace, on behalf of impoverished Minutiae families, is advertised to take place on the lath ; 4,000 tickets it is calculated: will be issued. In commercial matters there is no novelty ; in the price of metals no change. Exchange on London 30days63; 90 days 531. SPECIE FROM TILE UNITED STATES.-20,0001. was I *Xi , ed at Lieerpool, yesterday, by the New York packet. ship Sheridan. THE WASIIINGTON.—This ocean steamer will leave New York for Soutbamptaa on the 20th lost, ADDITIONAL MAGISTRATES AT SOUTHAMPTON. A communication was received at Southampton on Monday, from the Home Secretary, stating that the request contained in the memorial sent a short time since to the government from the town council, for andtn number of borough magistrates, had been complih The following gentle. men are to be the new magiitrates D. Brooks, Esq., the mayor ;J. Weld, Esq., of Archer's-lodge ;G. Atherley, jun., Esq. ;G. Laishley. Es‘f ;J. Borill, Esq. ; Witt, Esq. AU the abore-nemed gentlemen proles pOlitica THE EXPRESS, WEDNESDAY EVENING, FEBRUARY 16. 1848. 60%111. The Queen, attended by the Marchioness of Douro and Col. Buckley, honoured the Dachau of Sutherland with • visit at Btaford•hoaee yesterday. The Marchioness of Douro has succeeded the Vis countess Jocelyn ea the Lady.in-Waiting to her Majesty. Mr. Justice Patteeon had an interview with Sir 0. Grey yesterday. Mr. D. Pugh, M.P., had oleo an interview with the Right Hoe. Baronet, at the Home-office. The Judicial Committee of the Privy Council sat yesterday, and resumed the hearing of the appeal " The preoentatives of Count de Wall v. the Commissioners of French Claiuu " The Lords present were the Muter of the Rolls, Lord Campbell, the Chancellor of the Duchy of Corn wall, and the Judge of the Admiralty Court. (From last night's Gazette.) At the Court at Buckingham Palace, the 11th day of February, The Lord Archbishop of York and the Right Hoc. W. G. Hayter were sworn of her Majesty's Privy Connell, and took their respective places at the board accord ingly.—Lord Sudeley, appointed Lord Lieutenant sad C wins Rotulorum of the county of Montgomery, took the appointed oaths.—The Rev. Frederick Temple, M.A., to be Principal of the Training School for schoolmasters at Knellar-hall.— The Rev. William Henry Brookfield, M.A., to be Inspector of Schools in England, vice the Venerable John Allen ; and J. D. Morel' end Z. C. Symons, EMITS, to be inspectors of Schools in England and Wales ' • and J. Gibson, Esq., to be Inspector of Schools in Scotl and.— D. D. J. Harmer Esq., to be Standard Bearer to Carps of Gentlemen - et-Arms , vice M. Wyatt, Eaq., promoted ; M. Wyatt, Esq., late Standard Bearer to Corps of Gentlemen at-Arms, to be Lieutenant, vice Sir H. Robinson, Knt., retired ; W. M. Hughes, Esq. late Captain Ist (the King's) Regiment of Dragoon Gu ards, to be one of her Ma ty's Hon. Corps of Gentlemen-at• Arms, vice Tyrwhitt WWalker, retired. Ducity or LANCASTER, Feb. 11.—The Queen hue been this day pleased to appoint Sir Thomas George Hes keth, of Rufforsi-hall, Bart., to be Sheriff of the county palatine of Lancaster for the year ensuing. PRINCE 01 , WALES'S COUNCIL-CHAMBER, SORER avr.Houen, Feb. 14.—Augustus Coryton, of Pentillie Castle, in the county of Cornwall, Esq., has been appointed Sheriff of the county of Cornwall. FOREIGN-OFFICE, FEB. 11.—The Queen has been pleased to approve of Mr. Victor Weber, as Consul at Rams. gate. and of Mr. Thomas Jenner, as Consul at Rye, for his Majesty the King of Hanover. ADMIRALTY, Fm. 14. The following promotion has this day taken plese, consequent upon the death of Rear-Admiral the Hom J. W. King : Css. V. F Hatton, to he rear-admiral of the bane. THE FATAL ACCIDENT ON THE SOUTH WESTERN RAILWAY—INQUEST. The inquest on David Markland, the engine -driver, was resumed yesterday at Woking, before Mr. Wood, the coroner. David Fleecy proved that the spot where the accident happened was in the parish of Woking. The Coroner then proceeded to charge the jury, and after summing up the manner in which the accident took place, he directed the consideration of the jury to the regulations which existed and might have been adopted to prevent the accident, and as to how far they were wried out by the officers of the company. The room was then cleared of all but the coroner and the jury, and after the lapse of about ten minutes, strangers were re-admitted, when the coroner announced that the jury had returned a verdict of " Manslaughter " against Jones and Fleming ; but that they did not feel justified in returning any adverse verdid against Brownsmith. The Foreman having intimated that this verdict was una nimous, said he wished to take that opportunity to urge upon the managers of the railway the immediate adoption of the suggestions which had been uttered during the inquiry fur the prevention of accidents, these suggestions being an elevated guard-box on the luggage trains, the disuse of the word " fog" as applied to the detonating signals, the teach ing of the railway servants the meaning of the different rules, and the removal of the brake of the luggage-boxes to the inside of the box . Mr. Stavin stated that directions had already been given for carrying nut the suggestions of the jury as to the position of the brake and the guard's box in the luggage trains. Mr. Dalrymple (the company's solicitor) begged to assure the jury that the company were much indebted to them fur their suggestions, being fully aware that what contributed is the public safety, and consequently to public confidence, was advantageous to themselves in a commercial acme. A Juror inquired whether any means had yet been disco vered for communicating between the guard and the engine driver ? Mr. Stavin; We are now trying bells, which appear to be the best mode of communication yet suggested. Yr ears also ; trying electricity. The Coroner then bound over the various witnesses to pro secute, and the inquisition having been si g ned, the proceed ings terminated. • - MR. DANIEL O'CONNELL.—The Limerick Es aminer, a repeal paper, says: " We are glad to hear that Mr. D. O'Connell, Jun., is about to receive an appointment. The consulship of Boulogne is the one named to us ; the salary attached to which is said to he about 8001. a year." A new writ for Waterford was moved ron Monday night. THE DEATHS IN LONDON during the week ending Saturday last, Feb. 12, were 1,324 ; the average being 1,107. Bronchitis, typhus, influenza, and pneumonia are still the nines of the excessive mortality. Mean temperature, 4.5 deg. 4 min. The births registered during the week were 1,157. The registrar makes a note in reference to two fatal cases of typhus in Lambeth, as follows .—" The father of these two boys stated, that it wsa the opinion of the medical man, as well as bis own, that the fever was engendered by the state of the premises. It appears there is a drain run ning through the house, which emits mast unpleasant efflu via. The privy in full to overflowing, and his been so for some time, while the landlord will do nothing to remove the evil. The house is generally in a bad state. On the death of the children, the doctor ordered the remainder of the who were all ill, immediately to quit the house." Why do the parish authorities allow such fatal nuisances to exist ? INQUESTS, YESTERDAY.—ALLEGED CONCOCTION OF A WlLL.—Before Mr. Csrttar, at the County Terrace Tavgrn, Kent-road, touching the death of Miss Alice Henley, &young lady of considerable property, whose demise has given rise to various strange contours in the neighbourhood.—About six teen months PRO the deceased lady went to board and lodge at the house of Mr. Chandler, No. 5, Webb County-terrace, New Kent-road. The family consisted of Mr. Chander, his son, and daughter, and a part of the hones was let out to lodgers. Three weeks previous to her death, - Miss Henley became indisposed, and Mr. Waterworth, a medical practi tioner in the neighbourhood, and Mr. Hughes, a phy sician, were called is, and the former gentleman attended her up to the period of her death, which took place on last Friday week. Mr. Waterworth - gave a certificate which attributed the death of the deceased to natural causes—pul monary apoplexy he thought ; but the friends of the deceased not having been apprised of her illness until after her death, and being informed also that the deceased had executed a will on the day before her dissolution, they com municated with the coroner. end requested the present inquiry.—Mrs. Morton, residing at the house of Mr. Chandler, stated that on the Thursday preceding the death of the deceased, she saw her in her bedroom, whea she appeared in a weak state, but nothing to lead her(witness) to suppose that her death was near at hand, or so fast approach ing. On the next morning she again saw her, when she appeared in a state of utter prostration and insensibility, and died between 11 and 12 o'clock on that day.— In her cross-examination by Mr. Cartier, as solicitor for next of kin, the witness said she saw the deceased about 9 o'clock on the day of her dea th , and was present wh en the doctor came and ordered her some hot brandy and water, and other remedies. Miss Chandler and her brother. Samuel Chandler, were also present at the time. Miss Chandler asked her brother whether he thought the deceased could write. lie replied, it was no consequence; and witness said that, if deceased wished to write anything, it must be done immediately, but Mr. Waterworth made the remark that she was not capable. The conversation related to a will, and Miss Chandler said:that, if deceased did write, she should guide her hand. Witness did not see anything done in the matter of the will on the day Miss Henley died. —Mies Elisabeth Chandler said she hid known the deceased for about six years, and fur the last sixteen months of this time she lived in her lather's house. On Thursday, the 3rd inst., the de ceased, while ai bed, said she was afraid it was all up with her, and requested to see and sign her will. Her (witness's) brother Samuel, who is 28 yens of age, brought in the will, read it over to the deceased, and she signed it. Witness and Mazy Radson, the servant, also signed it as witn theses. The will had been written by h er brother, to whom e deceased had left all her property, and it was dated on the same day, the 3rd of February. The deceased, when she signed the will, was perfectly composed and sensible, but in the course of the same evening she became somewhat unease in her mind, and said she wished to add a codicil to her will, in her (witness's) favour. But her brother begged that she might compose herself, and said that the following day , would do. In her cross examination by Mr. Carttar, this witness said that the deceased was obliged to be supported while she sat up in the bed to sign the will ; but she did so with her free will, and without coercion. The deceased had been anxious to make a codicil to her will in her (witness's) favour. Before it had been taken to the deceased, the will was placed in her drawer, and she bad the curiosity to read it. la it the de ceased left the whole other property to her brother Samuel. —M. Radson, the servant before spoken ot. was next examined at some length, and her evidence di ff ered i n one or two material points from that of her mistress. For instance, she swore that the deceased signed her will on a small desk, or she thought so; while Miss Chandler raid it was on a prayer-book.—The jury returned a verdict of " Natural death." When the verdict was re corded Mr. Cantu said he felt bound to mention • fact which came to his knowledge since the inquest had been called, and that was, that Mr. Samuel Chandler, who he be- his lieved to be a respectable young man, had been payiug addresses to the deceased, and that had it net been for her state of health in all probability they would have been mar ried. He (Mr. Canter) felt satisfied that Mr. Chandler and his family would not regret the present inquiry ; and which, in Ins (Mr. Cantu's) opinion, was a very proper one; for had the deceased been buried, and if the will said to be executed on the day before her death was to be set up, her friends would most undoubtedly have felt it to be their duty to have the body ex bined, and an inquiry like the present instituted. — ' THE CONSEQPRSCES OP BRUTALITY.—Before Carter, at the White Hart, Richmond, on the body of Daniel B rem er. The deceased, coachma n to an undertaker in Richmond, wee trying to back two horses and a carriage into I hismaster'e stable-yard, and net suceeeding ea readily as he wished, he flogged the animals unmercifully with the butt aid of hi whip for seven or eight minutes. He had the reins in kis hands, and as he struck the horses' legs be stag gered and fell, and the wheels passed over his body. De emed was intoxicated at the time, and was in the habit when in that state of wantonly ill-treating the hones. De ceased contrived to walk home, but a surgeon being soon afterwards called in, found that three of deceased's ribs were broke., besides other serious internal injuries, and he sur vived but two dap. Verdict—. Died from bodily injuries caused by D being_ run over by a certain car ri age."— FROM SUICIDE ISTREIIB.—By Mr. G. 1. Mills, at the Elephant and Castle, King's-road, Camden Town, on the body of Eleanor Dove. The husband of the deceased is a plasterer, residing at 34, Cambridge-street, Apr Town, and had for some months past been unable to obtain employ ment, and his wife and family of seven children had conse quently been reduced to extreme distress. The deceased bad applied at St. Pancras workhouse, and obtained some bread as relief, but was told not to come again unless she sent her husband. She had complained of her head for some time past, and on Sunday morning, on her husband being awoke by her eldest daughter, he missed deceased from his side. The bare footsteps of a woman were subsequently traced to the bank. , of the Regent's Canal, which abuts on the garden of the deceased's house, and the body was ultimately disco vered in the water.—Mr. Pitt, the agent of the board of guardians of St. Pancras, explained that in the statement made that deceased was to send her husband there was no intention whatever to stop relief, which would have been given bad a second application been made. The only object was inquiry. Verdict," Temporary insanity." IRELAND. DUBLIN. Fait 13 The election for a representative from the Univer sity of Dublin, in the room of the Right Hon. Frede rick Shaw, is fixed for Saturday next. As already mentioned, there will be no contest, all the candidates, with the exception of Mr. Napier, having withdrawn their claims. THE CLARE CONVICTS. Rime, MONDAY.—On Saturday the high sheriff of Clare received an order, commuting to transportation for life, the sentencispf death on James Hayes, who, with Patrick Ryan (Small), wan convicted of the murder of Mr. Watson, at the late special commission. This act of clemency on the part of the executive has given unmixed satisfaction, as Hayes' participation in the dreadful crime was looked upon as more than doubtful. No respite or oommutatien has arrived for Ryan, who will suffer the extreme penalty of the law on Tuesday. The unfortunate man appears to be I doggedly indifferent to his awful fate, and pays neither attention nor respectro the admonitions of the clergymen who attend them. Butler and Hourigan, under sentence of death for the murder of Patrick Cleaty, and whose execution is fixed for Thursday, both continue strong in their protestation of in nocence. James Crow, convicted of having, with others, conspired to procure the murder of Mr. Watson, devotes a portion of each day to the arrangement of his worldly affairs. On Friday last be made a will, devising his landed and personal property in equal :portions to his wife and children. His execution is hard for Saturday, the 19th. He has not, up to this time, made any acknowledgment of his guilt, nor has he reiterated the declaration of innocence made by him immediately before the sentence. THE LATE SPECIAL COMMISSION. — The judges were this day occupied in chamber in the consideration of the case re served front the late Spvc!al Commission from Limerick, as to the admissibility in evidence, as a dying declaration, of a document signed by Patrick Cleary three days previously to his death, in which he stated that Michael Butler was the person who shot him, and that Mathew Hourigan was present. Sentence of death was pronounced on both persons. The Attorney-General and Mr. Bennett, Q.C., were heard on the part of the Crown. and Mr. 011 ea on the part of the prisoner; after which their lordships retired to the private chamber. It is understood a difference of opinion exists smongat the judges, and the two judges (Perrin and Ball) at present sitting at the commission, were sent for. There lordships have not yet declared their ruling. SCOTLAND. EDIRRITROX, FRS. 13 . The hoard of excise has intimated that chloroform will in future be allowed to go "over the border" free of duty. ♦ MAILRIAGS Casit.—ln the first division of the Court of Session a case has been decided in reference to a declarator of marriage at the instance of Anna Maria Gordon, against Captain Stewart, of the 92nd Foot. It appeared from the evidence that they had become acquainted in a steamer on the Clyde some eight years ago, the defender being then a recruiting officer in Glasgow. They bad kept up a corre spondence, and had several interviews during the two suc ceeding years, till at last, in May. 1842, in a hotel in Paisley, they passed the night together, and a document area now produced, said by the pursuer to have been granted to her by the defender on that occasion, to the following effect : Paisley, 9th May, 1542.—b1v dear Anna.-1 hereby solemnly de clare that I will, on the honour of a gentleman and a soldier, marry you, and I oak you to be my wife, though for certain reasons 1 wish ft to be kept secret. —I am your affoctionate husband, A. STSIVART, 92nd Hiehlautders. This was averred to have been written by the pursuer at the d station of the defender, and then signed by him. She had evidence to prove that they had been in the inn in ques tion that night, and bad rung the bell for the waiter, who brought them writing materials, and that they bad after wards slept together there. The document had been kept by the pursuer in a drawer, until shortly before the raising of the action, when her mother had found it, and insisted on its being made use of to assert her rights. The defender answered that the signature in the document was so like his own that he could not positively deny it, but that he certainly never appended it to such a writing. The pin. suer, he said, had been la the practice of visiting his rooms, and might have found his name on a loose piece of paper, and inserted the body of the document above it. In support of this he proved, by the evidence of the assistant paymaster, that he was in the habit of trying pens by writing his name on serape of paper several times be'ore signing it officially ; and that these scraps were frequently allowed to lie about in his apart. ment. The document was also an narrow that the writing was crowded together, and it had evidently been clipped at the edges. The pursuer accounted for the latter circum stance by saying that she had determined to destroy it, and had begun to clip it for that purpose. It was also argued for the defender, that the promise can only be proved by the writ or oath of the pursuer. This was not a probative writ, being neither holograph nor tested, and could not be looked at by the court at all. The Lied Ordinary pronounced an interlocutor for the pursuer, finding the facts proved sniff cient to constitute marriage by promise; but m the inner house this decision was revers. UNIVERSITY AND CLERICAL. OXFORD, FEB. 15.—1 n a convocation holden this day at two o'clock, the benefaction of 1,0001. Three•per-Cent. Conaolidated Bank Annuities offered to e university through Ur. Cramer IDean Car every three years for an English poem on • sacred subject, met with the approbation of the house. At thee me time the proposition to grant out of the univereity cheat a sum not exceeding 10/. for the University of Corfu, to be el -1 vatted in the perchaor ol clamical books printed at the uniset city areas was also agreed to. LART NIGHT'S GAZETTE cuntians at; order in council, sanctioning a scheme of the ecclesiastical commissioner. for consti tuting three separate districts for spiritual purposes out of the ori ginal parithes of St. Luke, Old.treet, and St. Leonard, Skoreditch, Middlesex. The new divisions are to be called—the district of the Rely Trinity, Boston; the district of St. Matthew, City-road, and the district of St. Mark, Old-street. It is notified that a church or chapel his been already erected in each of the new distracts; that each to to be consecrated by the Bishop of London ; and that the Bishop of Lon don for the time being to he patron in perpetuity of each of the distsiet. THE STIPEND OF THE SISHer OF MANCHESTER is the ini re et e ol an order in council also published In last Beadle. and authorises the eocimiastical eeminiesionen to pay 4,2401. a year to the Blehop of Manchester out of the funds of the coat agleam; and in the 'rant of ouch funds being insufficient It directs, in aid of mach funds, the payment hy the Archbishop of Canterbury and the Bishop of London of LOOOL each per annum, and by the Bishop ef Durham et a sum not exceeding SOOL per annum ; the money an contributed from the richer sees to go in aid of the find of the commission for the endowment of the new See of Manchester. A FOURTH ORDER IN COUNCIL substitute a money payment for certain estates belonging to the See of Ripon, and a fifth (ell In Wt night's Gown') authorises the sale of certain property formerly belonging to the Pretend of Langford Manor, in the cathedral church of Lincoln. NAVAL Idoesmirrs.—At Gibraltar, Feb.s: at. Polyphemus, COM. J. J. MiCieverty.—Teb. 9, at Lisbon Vincent, 120, Capt. S. C. Davies, bearing the lag of Wore. Napier, oontroander-in.chief; Queen. 120, Capt. 11.11. Brace ; Howe, 120, Capt. Sir J. Stirling, lint. ; Ca nopus, Si, Lain. F. Moreby, Cott.; Amption, Screw, Capt. ; and et. Terrible, Capt. Ramsay ; Dragon, Capt. Hell ; and Scourge, Com. W. H. Wiagrare —the (*met, Lieut. and Corn. Rippe, at Oparto.-11* Jackal, Lieut. and Corn. G. Western leR the Tagus on the 3rd inst. with mails for Madeira. WOOLWIOE, FEB. 15.—Beabow, 72, used as a temporary barrack for marines, was towed to Sheerness this morning. An order was mad yesterday from the Lord,' Commissioners of the Admiralty, relative *certain alterations to be made in the constitu tic, and organisation of the Dockyard Battalion. The document ex tends to eight folio pi** but the result may be stated as follows: — Their lord-hi ym wallet expressing their high approbation of the ems duct and discipline of the battalions during the past year, norm: that experience requires an alteration ln the organisation of the faxes which in all the various dockyards Is to be henceforth as follows The strength of each company is in future to be 96 meth instead of SO heretofore from 10 to 80. In future there are to be three serpent, *annex three eorpor.ls, thawed of two as heretofore. Tbe artillery coo& are to be increased at the expense of the Infantry, and the bat talion of each yard will be divided infantry,,ne comparAes, instead towed; viz., Tour companies of two of artillery, two brat betted*, and one eccepany of sappers. The artillery companies ak. though they are to be taught the use of the csrabine, are not to bi armed with that weapon, but are to be copied soisly ea artillery it , the nee el geld pieces and garrison gar. llss Imo !goads apply la the sappers, who are to be specially tasivasala fa dr task of 's l * braced= embrasures, Re. The Isola tolisslos wok bromear, not * be exercised in thee* abuse, but to wane thim*lllies *Mindy to the use 01.10 guns, and the armament for boats. alma yard will wind* of one sergeant-NAP at 3s. per diesk avortar.saxiter *epee* at 2s. 13d. per diem , end sixteen grill4llll,lona at 2s. id. par esaa. ADMIRALTT. Fat:. 15.—Apeotrrmswva.—/daster D. N. Welch. to Feity.—Clerk : W. L. Wright, to PowerfuL —Master's seism* ; W. 9. Ya. Willson, to President ; J. R. gialsaras, to Express. SPOR7ING. BATH STEEPLE CELLS& Mr. Minors% British Teams —.--... r0:: 1 :1 1 4 Hr. Ohm's Vanguard --- --- 5 Hr. Clifton's FAwani the Pint. Mr. Frederick's (layßad —..........— 5 Captain Little's Carlow Wan Soy • Meth Ma a Was tab, inteUtatur. COURT OF BRCHFCIURR. Trial at Bor.—Before Woo Parke, Aldarsom Rolfe, and Ph& BOWS v. THE HON. JOSEPH DENMAN. The trial of this cause was resumed yesterday at 10 o'clock. Mr. M. D. Hill called for the latter of Lord Aberdeeu,which was read by him in his 'etch of Mondry. The Attorney-General : I have no objection to your using that letter, if you put in also the pipers referred to in the margin and body of it ; I will then admit that it was written by his lordship. Mr. Hill : I decline to make it evidence •on those terms. I have not seen the papers alluded to, and will never use any documents which I have not seen.—The Attorney-General Very well, then I decline to produce it. Mrs. Mitchell was called to prove that her husband was new at sea.—The Attorney-General : Oh ! admit that Muter Pollock then read the deposition of the man Mit chell, which was to the effect that being a seaman of the Rolla, on the 19th November, 1840 , the defendant ordered the b oats to be manned, and to go to Donsbocorro, where after they had been on shore some days they fired the stores, and destroyed the property there found. In the course of this statement the witness said he raw the chief men and Kings while on shore, but that they were more like chimney-sweepers than Kings ; that King Siacha and Prince Manna, his son, were there, and witnessed the discharge of a rocket by the defendant, to show to them bow easily he could fire buildings from a distance. This was after a " pelavt r" at the defendant's quarters with Prince Manna and the great men.—On crass-examination he stated that several slaves were brought in by the natives after they had landed, and among them a woman and her child, and that her name was Fry Norman. He also stated that the sentries were placed to prevent plundering, of which there was some, but not much, by the sailors. Mariano Dial recalled—After the sentries were placed at the stores the plaintiff had no access to his property.- -Cross examined The sentries were stationed more then one day at Dombocorro. Sentries were placed at Domboctorro, Came:sum, and Cbieme. They were at Camesura till the place was fired. They were withdrawn on the 22nd from Chines, when it was fired. Mr. Hill That is the case, my lords, for the plaintiff. The Attorney-General then rose to address the jury for the defence, and said . My lords and gentlemen of the jury, you may readily believe that I rise to address you under feelings of no ordinary character. It is difficult for a British advocate to address a jury, who are called upon as you ere to estimate the value a their fellow-men in invoices num bered, and on the amount of the goods used in the purchase of those tellow.crestares. That would be a difficulty under any circumstances, but now it is more than usually oppres sive, for this inquiry is most grave and important to all concerned. It is most important to the plaintiff, it is most important to the defendant ; but these considerations ell sink into utter insignificance, when we contemplate this inquiry in all its bearings, and when we perceive, as all here moat, that this case is made the instrument of aiming a blow, through the hon. defend ant, at that noble service which has been so often engaged in the defence of this country, iv d on this particular occasion was engaged in the seppression of the slave trade. This is a consideration which is almost enough to unnerve me, and to prevent me from the due discharge of the duty which bas devolved on me as the representative of the crown and of the defendant. Despite that weight, however, I will hope for a favourable result, and I will proceed to the discharge of that duty; and I must claim to be forgiven by my learned friend if, in the consideration of the case, I do not follow him into all topics which furnished forth his opening speech. In my humble judgment we have nothing to do here with what was the practice of this country two hundred years age with respect to the encoursecuient of the slave trade, but only to amist in administering the laws se they exist now. Still lees have we to do with that nice question which concerns the consistency of parliament in punbasiug a commodity which was produced by slave labour, after haling determined to abolish the slave trade. I might offer arguments on the other aide if I were inclined to enter into no wide a field, but I abstain from them. We have nothing to do with these questions here, and I must be excused if I content myself with bringing to your notice what I appre hend is the real point in the case,and which will afford a pee- , feet answer to that advanced by the plaintiff in my humble apprehension. It might be supposed Irons the statement of Mr. Hill, that Mr. Denman, actuated by a blind and bead- i long seal for the suppression of the alas e trade, had entered I with a strong hand into the Gellinas without any lawful authority, or shadow of one, for so doing, and had , there violently destroyed the property of the defendant , without any justification or authority whatever, from , the King of the country, or from the chiefs. It was not , candid, on the part of the counsel for the plaintiff, thus to leave the jury in the dark as to the real circumstances of the , ea; ; and it now devolves on me to enlighten you on this 1 part of the case. I will state the facts to you before I enter into the discuseion of those general observations with which my learned friend began his address. I will invest the order of his speech, and will only observe, that I have no- , thing now to do with the streets made by this country for ; the suppression of the slave trade, their policy or consis tency, but with the facts. And the facts are shortly these : In 1840 the defendant was stationed off the Geneses, in the , command of three armed vessels, and acting under a royal , commission for the suppression of the slave trade. While so engaged he received a communication, on the 30th of October, 1840, from Sir Richard Doherty, the governor of , Sierra Leone, where, as is well known, wu a mixed court. Before that time a free woman, named Fry Nor man, had been taken captive from Sierra Leone by Prince Manna, the eldest son of King Siacha, and carried off to the Gallen', whence she wrote to her husband and to her late mistress, residing in Freetown, stating the circum stances of her captivity, and requesting aid. This comma- , nication was to the effect that the defendant should proceed ; to the Gallinas. and there deliver a letter on the subject to King Sincha, demanding the liberation of this woman, and , making other approaches towards the extinction of the slave ; trade, which had there been carried on by certain Spaniards with great effect fur some time. Thoueanda of slaves had ; been shipped by them from that spot ; and I may be allowed to state, in passing, as a justification tor the defendant, that when the slaves were liberated by him, and the Barracoons destroyed, two British seamen were found and released from ; a dreadful captivity. One of these will be called, and , from him you may learn all the facts connected with their history. It cannot be denied that the defendant, on receiv ing this communication, was justified in acting as , he did. Whatever the plaintiffs witnesses may say to the contrary, the Spaniards had taken armed possession of the islands at the mouth of the Gallinas, and had in defiance of the King este blished themselves there for the purpose of carrying on this trade in his subjects. This shows that the defendant was justified in entering the river with a force necessary for his protection and for the attainment of his object. It was well known that the Spaniards there settled had interfered to prevent the King from protecting British sailors and men of war when in distress of weather, and it was well known that they had expressed their determination to oppose the ad vance of the boats or the interchange of any communications whatever between the cruisers and the interior. tinder these circumstances the hon, defendant determined to exe cute his minion to the Kiag at all hazards, and for this rolgosletlre crews,issued a bo r s nera a l nd ord ot e n r to oes in nis readiness u on to act at a moment's notice, and to ascend the river. In that order the defendant, I blush to admit it for the mike of human nature, found it necessary to caution the men against tasting the spirit, which they might find on shore, for it was well known that the Spani ads had poisoned them, in order that any indulgence in them might prove fatal to the men. The learned gentleman then read the document in question, which contained such a caution as that alluded to, and then continued—l apprehend that nobody could read this without seeing that Captain Denman used every precaution which he was bound to exercise in the discharge of his duty, which was, the delivery of the letter of Sir It. Doherty into King Siacha's own hands. This order was dated on the 16th, and at 2 a.m. on the 19th of Nov. the expedition entered the river. On establishing himself at Dombocorro, he found that the slave owners had pertially liberated the slaves for the purpose of driving them into the bush and preventing their liberation. There were evident traces of slaves having been recently there. The evidence of Elia showed that. But there were no Spaniards there they had all fled; but the place was armed with guns and well supplied with powder. Knowing the treachery of the men he had to deal with, the defendant did start the powder into the stream. He knew that it was in vain to attempt to see the King. He, how ever, wrote a letter to the Kiag as he was crossing the river, which he caused to be despatched to him. In that letter he explained his object and demanded an interview and the as sistance of the king. At that time King Sian ha was bedridden, and the government was carried on by Prince Manna and the Rogers family. An interview accordingly took place with the latter and the prince, when the complaints of the governor and the defendant were stated, and before a single act of aggression on the storehouses was done by the defendant. On the 21st Nrivern her a treaty was signed by Prince Manna on behalf of the King Siacha, and the Rogers family on their own behalf, and by Captain Denman. That treaty was dated on the 21st of November, and was as follows: In consequence of the white slave-de dere settled in the river having prevented the boats of bra Britannic Majesty's ships from receiving the common rights of humanity when In charms, and arming . refuge is King sisals a waters, in violation of his dignity and of kin rigida, thus esporing him to diff!reser% with the Queen of England , and also in consequence of a Sierra Leone boy having been made a slave of by these white men a ta m river Callinas, who was K in and released by Commander non the 19th ins. I. King Sioche engages totally to destroy the imtories belonging to those white men without delay. 2. King Steam engages togas up to Commander Denman all the aliens who were in the banacoona the white slam dealere when be entered the Dam and have been carried off into the bash. 3. King stator engages to send there bad white min out of his country by the fleet our moths from this data. 4. Keg =VII =lt f in the most mann manner, that no white men shall ever for the future set t le m h is country fire the pur pose.of Flare dealing. 1. Capt. lk natio, upon the part of her Bri tannic Majesty, promisee never to molest any of M. legitimate can.. nerve a/ the river (Wham, baton the contrary, bet Mebeety's Mips evil afibrd every amestarkee to the king Stalmik outings, and ta ke Heopportunity of promoting kie cerement. 6. lbw Governor el Herm Leone will me his influence to get Dm Sierra Lone people opera the triode with King Mocha's country. I. No white man from Serra Leone shall settle down In King triacka's country without his gall permission and eargimet. 8. All complains that King Mocha may have to make hereafter against any of her Majatfa ships he is requested to forward at once to herrn Lem" end •Mn lavestigatiom end melt »hem uthe ecosion moy la solemnly premised by Comnabaer Din Man, on Ora of her Britannic Mobeety. Done at pompanos -To, In the Galena% this list day OS November, 1840.—Alllpele !daft Kassa, his (X) mark. Lenge Room, his (X) merit Mgt smArea Booms, his (X) mule—feigned) Jams Deasaan, coansander sad entice offiem on the Siena Les usher camas Denman, by the request of the Prince teasseeme Om aisle hemby dates that be at ant demanded that the trails of the white slave doers q uid be destroyed with their MO Xing Siacha Lain doelathat those miaow have acted IS of his laws, Lod that In ofmarosence be maiden their gimes IN foldeited to him, Capt.vin Denman bas withdrawn las Comma upon this pone end consented that King Slecha shell take posses** rat said goods, ee osedltkin that they are immediately taken out of the wt ., n an d m oved to Ohindamar, or snore other place far from the aaaaa ,— (S i araa a) Jc,4IPPI Dramas, Commander and Senior Officer. This treaty having been signed on the 21st Nov., all the weremoved from the storehouse* either by the is re Bpaniarda or the natives, with their concurrence, before the storehouses were fired. It will be shown that n.l property was in them, and the slaves were liberated, to thy- number of 900, at Siem Leone, and some of them will be examined here to-day. From them you will learn • complete refuta tion of the proposition advanced by Mr. Hill, that England has caused more misery by her protection of the negro than she inflicted by the trade itself : but this by the way. After this treaty it will be seen, that one rocket only was tired by Capt. Denman's order or act, but that was to fire one barracoon, or a village, only, which wall entirely empty . This done, the chiefs were as good as their word, and the Spaniards, obliged to quit the country, applied to the de fendant for • paeaage to Sierra Leone, and so a deadly Vow was given to the trade at a spot whence thousands and thou sands of negroes had been heretofore sent into wretched slavery by the plaintiff and his friends. This act being notified by Governor Doherty to the Home Department, the attention of the Admiralty, the foreign minister, anti the colonial limitary, was given to the subject, and the result has been, that the conduct of the defendant has been fully approved of after investigation into the circumstances in March, 1841, and an advance in his honourable profession granted to him by the Lords of the Admiralty ; and it is to be remarked that this was long before the letter of Lord Aber deen, which was written in 1842, and had reference to cer tain proceedings elsewhere, regarding the blockade of another river, and the seizure of certain French goods. This is, therefore, a full and perfect answer to the case of the plain tiff; but it is yet to be said that the people of Ragland, by their parliament, have sanctioned the conduct of the de fendant, for, by a special act, 4,0004 was granted to the de fendant and the officers and men under his command for these very services at the Gallinas. Never was there such a confirmation of an act yet shown to a jury. It boa been sanctioned by the various secretaries of state, and by the parliament itself ; and it is surprising that we should be here engaged for • second day in an inquiry into the legality of those transactions. These are the facts on which I rely ; and now let us see how they bear out t he It steams advanced on the record. It is honible, in the first place, to see the allegation of the plaintiff's claim for com pensation for slaves, and goods embarked in the purchase of slaves, at this time of day. It however requires an answer • to it the defendant has first pleaded a denial of the legal possession of the slaves by the plaintiff. No doubt the law onee allowed of slavery; but slavery is now abolished, and the onus rests on the plaintiff, who claims to hold slaves, of showing that he had a lawful possession of the person of a fellow-being. This is not the ease of a chair or a table, but of property in man; and the plaintiff must show, according to Chancellor Kent's Commentaries, page 200, that he has a right by the law of the land where he lives to the slaves. Formerly, indeed, it was supposed that the slave trade was piracy, but that doctrine was afterwards abandoned and qualified; and the result was that though a slave dealer was not punishable by death as a cornmunis hostis, yet still the trade was unlawful, and the onus probandi is cast on him who claims a slave, of making proof of • right of property in slaves by the law of the country where he lives. Mr. Baron Alderson: When he seeks to recover compen sation fur the loss of slaves in a country where no such right to hold in slavery is allowed by law, surely he must show that those slaves are rightfully held by him elsewhere. The Attorney-General : Most undoubtedly; but I do not stop to ask that proof. The plaintiff is a Spaniard, and by the laws of Spain slavery is abolished. The cue of " Ma dras.* r. cited by Mr. Hill, turned on the words of the treaty of 1817 (18 G. 3, c. 36), which was of a limited character. That case, therefore, does not apply here, while it shows that the plaintiff's counsel was well aware of the difficulty now cast upon him. That defect in the treaty was perceived by the government of the day, and the treaty of 1835 was made, which declared the slave trade to be abolished by Spain in all parts of the world. We therefore rely on this general abolition of slavery by Spain ; and it is not necessary that that treaty should have been the sub ject of a legislative enactment by Spain. A Spanish subject cannot claim compensation at the hands of an English offi cer for acts done by that officer under that treaty. His remedy is against his own country and government, by whom power to interfere with cis property has been con ferred on England. This treaty, however, is an absolute bar to the plaintiff, and he cannot go elsewhere and possess himself legally of slaves. The bare production of the statute here ernbod)ing that treaty must therefore put an cad to this case, as far as the plea of not possessed is concerned. In the next place I contend that the del. ndant, besides that treaty and his commission, had a 'sequel right os a free man to set [tee all others who might be kept in slavery. But no great stress is made on that, for a more important point in the law is that which turns on the plea that the delendant acted by the 'auction of the King of the country in liberating the slaves. It is well to laugh at the application of the title of King to this chieftain, but the fact is true. lie was an absolute monarch, and had the power to disturb the plaintiff and his assoctites in the prose cution of their nefarious dealings if he so chose, and the treaty shows that he did exercise that power, and did confer authority on the defendant to act as he did against the bar racoons. The great, the all important question, however, raised by the pleas is the effect of the ratification of this act by the court. My appearance here, avowirg that sanction, might have been enough to drive the plaintiff out of this court; but I stand on the previous approval of the crown, made known soon after the act of the defendant, and I con tend that it absolutely exonerates him from all liability to the plaintiff. What is the nature of a commander's duty on a foreign station ? 'firs defendant sailed with ge neral orden to suppress the slave trade. The commis sion of the defendant may be said to be confined to the sea; but what difference can arise between the suppression of the trade afloat or ashore? Look at the case of the Caroline. The act of Sir A. M'Nab was approved of by the government, and so the court by which be was tried ac quitted him. Mr. Baron Parke—Did not that acquittal proceed in the absence of proof of any order by the defendant, Mr. Attorney? Mr. Hill—Your lordship is quite right. It did. The Attorney-General—We have no exact report of the ease, and it is, fftereforc, useless to refer to it; hut I have in structions to the effect that the government did approve of the defendant's act., and that it was decided on that ground. There are, however, other and more decisive authorities to which we have access in our own courts. Sir Home Popham had, as is well known, established • blockade without instructions at Monte Video. A vessel was captured, and the legality of that capture was questioned before Lord Stowell. It It reported in 6 Robinson's Rep. 36.5, and his lordship there gave the most unlimited effect to the power of a commander on a foreign station to act accord ing to the exigency of the lumens. That can shows the conclusive effect of such an act on foreigners, if afterwards adopted and sanctioned by the government of that officer. There the officer was censured as an individual, but the government adopted his proceeding as a public act, and as regarded its application to foreigners. If the defendant's acts had been censured privately and personally, instead of having been expressly sanctioned by the government, still those acts would have been effective and I. gal as regarded the plaintiff, if they had been publicly adopted. As soon as we come to the conclusion that this is an act of state, the tri bunal is shifted, and the plaintiff has his remedy in a different shape elsewhere. The Queen of Spain could not complain to the Queen of England after the treaty of 1836 of this transac tion ; and if so, the plaintiff can have no ground of action. If this he then an act of the state, no private action lies for it. It may be made the ground of public complaint, but not of a private action. lf that act, after it was reported to the crown, was adopted, that adoptioa has • retroaction to the moment of acting, and legalises and protects it ab initio. The same argument applies to the goods as well as to the slaves. They were there, and there only for the purposes of the slave trade. It was said that those goods were there for the wpm of trading in ivory and palm oil; and it was WNW by one witness that one vessel, the Alexander, Wok away one bunted casks of oil; but it will be proved that she went out in sand ballast. In fact, not nne single ship during the defendant's command ever came there or left the coast with the legitimate pur poses of commerce, the truth being that there is but one trade carried on—and that the slave-trade. These are the fasts on which the case will turn far the defence, and it only remains to say a word on the question of what the damages are to which the plaintiff may be entitled in the event, al most impossible, that a verdict should pass for him. It must be clear that the crown can never check the evidence on this head, but is it not palpably too weak to call for any com ment ? You, gentlemen, need not be cautioned not to yield to the great prejudice which you cannot but entertain against the plaintiff when called upon to estimate in monies numbered, the amount of compensation for the loss of slaves. You, who are willingly bearing a share in the gnat !Obeli fibre made by this nation for the suppression of the in!scacus slave-trade, can scarcely come to the discussion of this point with calm and equal minds. Still I contend that the plaintiff should have the law fairly and properly administered to him. Let his claim be judged by the law. Give him his bond, gentlemen, bat surely he who deals in flesh abouid brave no mere. I have now done. It is impassible not to see tee object of these proceedings; and I can only say that I hope and trust no blow may now be struck at the great current which is now setting in for the total emancipation of mankind. I hope and pray that through no weak advocacy of mine—through to error of judgment on my past, in the discharge of my duty to the mews—a blow may be struck today at • service which is the ornament and protection of this great country, and with which, of all others„ I am in some way, however remotely, connected. I cannot anticipate that such will be the result of these very important proceed ings; but if such should bathe Ca" I cannot but record my *pinion that year verdict would be attended by consequencn and results now unforeseen, but most lamentaMe in their nature. At the close of the learned gentlemen's address, he ap pealed to Mr. Hill * adroit *stain lettere to have been wr itten from the colonial-offuse, while Lord John Russell was Secretary for the Cownies, by his lordship's sanction and authority The necceity tor this appeal was created by the illness of his lordship, who was most dad!** of being released from • personal attendance in court, if each • course could be arranged. Mr. which noble lord, if the Atto el Lord A The An I will adr 20th May Colonial paken blerenpen the Donned will put in M►+nr The Mewing be arrange*. Hdl ezpreeeed his readiness personally te do seri:Ling would be conducive to the health and comfort of the lrd. He would admit what a h , his nds A.ttorney-General on his . r sa t .* letter rd Aberdeen. •1' ..• 1 4 , e Attoruey-Genend, prod . • prjoin •.. tPiu. admit that that, latter wet tar Wok . • , May, 1842, and that Lord j'" • o rale( inn • o eh f tie' Secretary at that ,ti yen • n to which it refer*, if y. • the ;!•}4ltr • erenpen much unprodtab • • Wm • 01 , 07 04 1 d, I mined on both rides, an. ..." - y; • tell Jt put in the letter and the tetta • Aieren. aster Pollock then read the Lord dd he following docninents were ;, •: yl arta read; a