The Sun. — London, England, 1829-11-11 00:00:00

ment of wolves over sheep. It is a problem not clear in my mind that the first condition is not the best. But I believe it to be inconsistent with any great degree of population. The se cond state has a great deal of good in it.— The mass of mankind under that enjoys a pre cious degree of liberty and happiness. It has its evils too ; the principal of which is the tur bulence to which it is subject. But weigh this against the oppressions of Monarchy, and it be comes nothing. Male periculosain libertatem quam quietanz servitutezn. Even this evil is productive of good. It prevents the degeneracy of government, and nourishes a general attention to the public affairs. I hold it, that a little re bellion now and then is a very good thing, and as necessary in the political world as storms in the physical. Unsuccessful rebellions, indeed, generally establish the encroachments on the rights of the people which have produced them. An observation of this truth should render ho nest Republican Governors so mild in their pu nishment of rebellions, as not to discourage them too much. It is a medicine necessary for the sound health of government." Mr. Jefferson was not one who preached to others what he did not practise himself. Mr. Adams, his predeces sor, a man whose honour and purity no one has ever disputed, was unfortunately of an irritable temperament, and rather too warm an admirer both of the high measures of the English Government, and the petty, peevish, and useless, for any other purpose than provoking warfare, which till lately all the Administrations of this country, down to within about five years of the death of Lord Liverpool, have incessantly waged against the Press. Mr. Jefferson never once, during his whole Presidentship, interfered with the Press, farther than to set time public right when false hoods were stated or misconceptions entertained. He bore all attacks with the most imperturbable good temper ; and, as party ran high, lie was often bitterly attacked. He had, however, no cause to repent of his-confidence in the people. His example has since been the law in America; and prosecutions for libels against the Govern ment or public functionaries, are of the number of British habits which have been wisely laid a side. We cordially, therefore, agree with our contemporary (the Standard) in disapproving of the policy of Ministers prosecuting for libel, and lament that the Duke of Wellington, of whose intentions to administer the affairs of the country as fairly and uprightly as is compatible with the circumstances in which a Minister is placed in England, should have thought it ne cessary to correct the Press through the insti u mentality of the law. The law will always se cond as readily the views of a bad man as those of a good man ; and to have recourse to an instrument which may be as readily used for bad as for good purpo;es, is a dangerous experiment. Were the law good, it might be less discreditable to have recourse to it. The man who hires an assassin in Italy may only after all inflict on the victim the punishment he has me rited ; but as the good may be cut off by the knife as well as the bad, the use of it is justly reprobated. Time law of England, in matters of libel, being founded on gross and palpable injustice, to fee a lawyer for time purpose of giving vindictive effect to it is, to our mind, not a great deal better than having recourse to time Italian practice. Jefferson's way of viewing these mat ters is much more manly and rational, as well as politic. Lawyers alone would salvise differently ; but they, like every other class of men, are blind, when their power is in question. But our Con temporary, while he has drawn our attention to the liberal sentiments of Jefferson regarding the Press, is silent on the subject of the strenuous exhortations in the context to enlighten the peo ple. " Mr. Jefferson," he observes, "it is well known, was a Democrat, and Anti-Anglicist among the most perverse of his country ;" and he then, in characterising him, alludes to his having been " a principal actor in the over throw of the Established Church in America." lie forgets to add, and " the author of the este bliehment of religion in America." We have often heard Englishmen complain of too strict an observance of religious duties in America, but never of there being too little religion. Jefferson, cud the oilier American Statesmen, saw that there was no danger of religion suffering from trsasit of an establishment ; but they saw also that religion, like every other good, becomes a fertile essurce of evil among an uninstructed po pulation, and that therefore the great object of a good man ought to be to provide for the foi,na lion of minds capable of judging soundly with regard to religion, politics, and all that most in terests mankind. Flan is religiously disposed; and though there is danger of his having per verted views of religion, there is little danger of his having none. He may be safely left to biinself in religious mattxs, if lie is duly pre ptitota for instruction--if his mind has been duly developd. The Americans, like wise men, have established ,schools, and left religion unestab ilslissi• We, p the contrary, have established a Church, constituted in such a manner as to up- Plaid the corruptions in time State, and enable the Aristocracy to keep together masses of property, dangerous to time liberties of the country, and (langeseaus to its morals from example; but we have left the people without public instruction, and we have evkij thrown every impediment - in the way of their baying any access to News ;ewers, which are only within time reach of the isielo, Such is the differenpse of a Government &moo:soled by the people, and a government which cuntrouls the people.—/bid. Although #ie disbelieved the predictions of those sapient public instructors who declared, with all ;he solemnity of prophetic assurance, that the concession of the Catholic claims would tranquilize Irelaral, yet now that the question has been carried, we sincerely wish that we had been mistaken in our recorded opinion of the inefficiency of that measure, It is no gratifica tion to us to have, day after day, 4) place before the public eye the melancholy, the reiolting evi dence of the utter failure of the grand protawq for the evils of Ireland, We could with Lord Falkland, in the Civil Wars, cry to both par ties " Peace, peace !" but, i( we represented that as peace which is a state of furious and de solating hostility, we should deserve to J reckoned among the Wilful and shameless de ceivers of the public. Anzicus Plato sad niagis (mica veritas. To withhold a true knowledge a the condition of the distracted country, which citemplifies the miserable fatuity of that patch work statemanship that sacrifices principle to expediency, would only have the effect of perpe tuating the evils by which it is afflicted. A Go, vernment that has not the courage to look in the face the difficulties whi c h it s own mistaken po licy has caused or aggravated, acts about as wisely as a merchant who, conscious of a break ing down of his circumstances, dreads to ascer tain exactly his own situation, by investiat int/ his embarrassed accounts. We cannot go along with those who conceal the truth for the purpose either of flattery or faction. The state of Ireland is such as demands the application of more wisdom and energy than Government seem capable of bestoxing upon it. The fact is, that the spirit of party rancour and ferocious outrage is greater at the present era than it ever has been since the rebellion of 1798. The sanguinary conflicts which have taken place in the North of Ireland, and the dreadful atrocities which are of daily occurrence i❑ the South, form a striking practical commentary on the consequences of concession—concession admitted by its authors to have been made, not in compliance with the dictates of reason and the demands of justice, but under the servile influence of terror, and as a propitiatory offering to the spirit of popular intimidation. When Mr. Peel surrendered all that he had obtained of fame and political im• portance by descending, he stated that his opi nions were unchanged, but thud he abandoned the cause of which he had been heretofore the uncompromising champion to avert civil war. A similar sentiment was avowed by the Duke of Wellington and others of the new Ministerial proselytes to " liberality." The consequence of making concessions to demagogues and their cabals—not because justice enlightened, but be cause fear presided over the public councils— was foreseen and foretold. Such concessions, instead of commanding gratitude, have, as might be naturally expected, operated as a stimu lus to more audacious demands. They have not suppressed agitation, but somewhat changed its direction and greatly enlarged its sphere. Mr. O'Connell now fancies himself competent to the task of dissolving the Union between the two countries, and for that purpose is organizing an Anti-Union confederacy or association. Thus a successful agitator is never at a loss for the material of a turbulent ambition. The " liberal" .Journals, having predicted that the settlement of the " Catholic Claims" would be followed by a golden age of prosperous tranquillity in Ireland, endeavour to suppress facts, because they refute their own visionary speculations. They are con tinually denying the disturbed state of Ireland, but, in eulogising the exertions of the Roman Catholic priests to preserve the peace, they show that society is distracted and convulsed. The following is an extract of an Address to the members of Secret Societies in the Queen's County, by Dr. Doyle ; and it will be seen, on an authority which our opponents will not dare to dispute, that the state of Ireland is frightful in the extreme : " But what are the consequences likely to arise from your present line of conduct, if persevered in ? This is the third point which I promised to discuss with you. I have already touched upon some of those consequences, when I said that, while your combinations co►►tinued, no improvement, whether of a public or private nature, could be effected in the country; and this is so manifest as not to require proof. No man sows seed in a whirlwind, or places his goods for security in a den of thieves; neither does any man expend his money in a disturbed cou►►- try, or seek to improve his lands or houses, where his property is not secure. The gaols may grow up about us, Courts of Justice may rise in our vil lages, police stations may be built at all our cross roads, but the mansion of the Nobleman will decay, the farm-house will be unroofed and untenanted, the manufactory w;11 be silent, the shop will be closed, and the shepherd's song, or the hum of industry, will be heard no more. Barrenness will come upon the land, ruin upon the villages, the towns will be deserted, the rich will fly away from us; the poor will wither, will pine away and die of want ; reli gion herself will desert for she cannot inhabit with crime, and Ireland will become, as she often was before, a. bleak wilderness, inhabited only by the remnants of power on the one side, and the dregs of wretchednes, on the other, who will seem to live as they do in hell, only to hate and curse each other. But before those things come to pass, you who are engaged in the,e societies will have been punished as your crimes deserve. Even this moment you are, as it were, in the hands of the executioner. Be not deceived, you are • all known, and though hitherto you have in many instances evaded the law, be assured you will not evade it much longer. Every thing has its times ; the operations of the law are slow, but they are certain as the return of the spring or winter. They will come upon you as a thief in the night, and overtake you when you least expect it ; for be not so foolish as to imagine that your combination can maintain itself against justice, re ligion, and law—against the public indignation and the power of Government—or that it can escape the disgrace and punishment which from the most remote period attended every such combination in Ireland." ..,....... In the . sentiments of the above extract we heartily concur, and if we could read the advice which the light Rev. Pastor gives to his flock, with out recollecting the exasperating language which he addressed to them on former occasions, we would give him unqualified praise ; but let it not be forgotten that the Doctor made himself a popular reputation by attacking not the preju dices, but the religion of the Members of the Reformed Faith, and holding up Protestantism itself to execratiou.—Morning Herald. It is pretended, we see, that the attempt of O'Connell to continue the agitation of Ireland, by putting forward the question of a repeal of the Union, is worthy of attention, because there is no probability of any considerable party in England, or in the Imperial Parliament, adopt ing his professed sentiments upon that particular subject. This, we own, appears to us to be a blind or wilful misapprehension of the danger against which we ought to be upon our guard. What remains to be ascertained is not whether agitation will be successful in obtaining a repeal of the Union, as it has been in producing a much more important change in the Constitution, but whether O'Connell and his associates will be successful in agitating Ireland by means of this project. It is evident that the demagogue, whose knowledge of Ireland and experience in agitation entitle him to some deference upon such a subject, is of opinion that this may become the effectual means of agitating the country. He is de termined at all events to try ; and we see no wis dom, after all that is past, in pronouncing before hand that he must necessarily fail. If there be collusion between O'Connell and the Roman Ca tholic Priesthood upon this, as we know there was upon the former important occasion, it is clear that he will npt fail. But no matt knows better than himself that upon this circumstance his success or failure wholly depends ; and no mar. knows half so well how far he may safely rely upon the co ' operation of the Priesthood. The confidence with which hp tumounces his project, and anticipates its success, is but hole calculated then to dissipate the apprehensions of those who already know him for an enemy, whom, When thus reinforced, it is by no means prudent to despise. Of the hopelessness of their avowed project, O'Connell probably, as well as those to whose purposes he is devoted, and upon whose aid he must depend, are as fully rmare as others, But they do not think, neither do we, that this must necessarily be fatal to its success as an in strument o f ag it u tiuu, Nor are we driven to the absurdity of imputing to them the love of agitation merely for its own sake. It may be thought good policy to prevent the perturbed spirit of the Irish people from subsiding into calm repose, and habits of trangnillity and good order fiom acquiring a set tled dominion over them, with i view to designs whichit isnot yet prudent or convenient to avow,and in the prosecution of which, when the fit season to proclaim them shall arrive, popular agitation may be the most effective auxiliary. If the purpose noNy pro fessed be so utterly hopeless as to be the object of just derision, there is the greater reason to suspect that the Agitators have some other and more fea sible purpose in view, to which they believe the effervescence they are now striving to keep up in the minds of the people may be subservient. 'Map) , intelligent men, who have had the best opportunity of observing the condition of Ireland, and who have maturely weighed the character and tenets of the Romish Church, entertain a very confident belief that the Roman Catholic Priesthood will never, if they can prevent it, suffer the Irish people to be come tranquil, contented, prosperous, and happy, so long as the endowments for the support of religion remain in the possession of Protestants. Such men will see in the continued agitation of Ireland, if pro moted, or not diligently and zealously repressed, by the Popish Priesthood, whatever may be its imme diate occasion or pretext, the final purpose of the Romish Church to invade the prerogatives and re venue of the Church established by law. Nor will they see this the less clearly, that the immediate occasion or professed object of agitation is ridiculous,. chimerical, or hopeless. The purpose of further en croachment it would net be quite safe at present for the Popish party to avow. The last encroach ment of Popery is yet too recent, and the advan tages just acquired might be endangered, if further concessions were now demanded with insolent bold ness or rash precipitation. But in the meanwhile it is necessary that the arms of the party should be kept in a condition fit for service, or in other words, that agitation should not be permitted to expire. And what project could so well serve the purpose of keeping it sufficiently alive without exciting too much alarm, as one which is sure to interest the mass of the Irish people, and which, at the same time, the politicians of England may describe, and the Protestants of England believe, chimerical and hopeless. These apprehensions are not unnatural or extravagant, and it will be matter equally of sur prise and congratulation if they should not be realized. But the general refusal of the Roman Catholic Clergy to co-operate with O'Connell in his design can alone effectually remove them. If in deed this essential aid should be withheld, the de magogue will hasten, no doubt, to abandon a scheme of the prosperity of which he can no longer enter tain the least hope.—Morning Post. It could scarcely have been anticipated, even by the most vehement sticklers for Catholic emancipation, that that important measure would have conciliated, within so short a period of , time, the good will of the Catholic priesthood ; for they, of all other classes, have rather lost than gained by it, and up to the present mo ment, no hope has been held out that their situation will at any time be bettered by it. Yet, if we may be allowed to form an opinion upon the subject, from a letter which has just been addressed by one of the body to the disturbers of the peace of Ireland, such happy and unexpected result has alt early been realized ; and considering the great influence possessed by the Irish priest hood over their flocks, we know not that any thing more truly to be desired, more necessary to the peace, or more conducive to the prosperity of Ireland, could well have occurred. The ad dress to which we allude, is one from the pen of Dr. Doyle, to the inhabitants of the district of Maryborough, in Queen's County, but particularly to those engaged in secret societies ; and fain would we hope that it would not only make a due impres sion on those to v hom it more immediately points, but upon the whole population of Ireland, to trhieb, with slight exceptions, it is but too applicable. The Catholic Bishop writes as every Bishop and true sou of the Church ought to write—ia a spirit of peace and good will, free from political and religious ran cour, and anxious for the temporal, as well as the spiritual, welfare of those whom he addresses. Ile declares, in plain terms, the existence of secret as sociations, both of Protestants and Catholics, for objects at variance with the peace and welfare of the country, and cautions them against harbouring the idea that they can long escape the vigilance and ven geance of the law. " To be plain wilf you," says he, "beloved brethren, I have been told, and I am forced to believe, that through out the division of your county, which extends from Castlecomer to Mountratb, including seven or tight pa rishes of these dioceses, and some others of the adjoining diocese of Ossory, there exists a secret association, drawn together for purposes scarcely known to those who com pose it, and having no specific object that I can ascert tin unless it be to prevent tile reduction of wages, and the ejection of tenants from their holdings. This association, as I am informed, consists of considerable numbers, chiefly of the labouting class, and includes within it, besides the ignorant and undesigning, every person heretofore noted in his neighbourhood for the corruption of his morals or the general depravity of his character. In this associa tion, Catholics and Protestants are, I am told, united.— They assemble in considerable numbers at night, in re mote or unfrequented places, to issue or receive orders.— The plunder of arms is with them a favourite object, anti in carrying it into effect they guard against detection by employing individuals of their body, unknown to those whose houses or property are destined for attack." The Bishop, after this declaration, next proceeds to exhort and dissuade his countrymen by every possible argument, and every possible motive, and with a degree of ardour highly creditable to his head and heart, against the prosecution of courses so utterly at variance with the prosperity of the country. " The Penal Code," says he, " has been repealed, the road to improvement in Ireland is now open, nay the work itself of improvement is already commenced ; the minds of all men are engaged in devising means whereby the con dition of the people may be bettered ; and the K;ng's Government, which has made all his subjects equal befitre law, is now anxiously intent with providing us with the means of living as becomes the members of a free state." What a contrast does these few words—words of truth and peace—present to the vulgar brillying, and almost treasonous agitation, of some of the Irish Agitators ! A few such men as Dr. Doyle in Ire land, and in less than a quarter of a century Ireland would be as different from what it now is, as, un- fortunately, it is now different in almost every re spect from England. Agriculture would flourish, trade and manufactures be established—the morals of the people be improved, and crime as unfrequent as it is now painfully common and disgraceful. But to return to the address of Dr. Doyle, which, if we had space, is every way worthy of being transfer, el to our columns. Addressing the members of secret societies, he says, " But what are the consequences likely to arise from Jour present line of conduct, if persevered in? This is the third point which I promised to discuss with you. I have already touched upon some of those consequences, when I said that while your combinations continued no improvement, whether of a public or private nature, could be effected in the country ; and this is so manifest as not to require proof. No man sows seed in a whirlwind, or places his goods for security in a den of thieves ; neither does any man expend his money in a disturbed country, or seek to improve his lands or houses where his property is not secure. The gaols may grow up about us, courts of justice may rise in our villages, police stations may be built at all our cross-roads, but . the mansion of the noble nun will decay, the farm-house will he unroofed and un tenanted, the manuractory will b silent, the shop will he closed, and the s hepherd's song, or the hum of in- dustry will be heard no more. Barrenness will come • upon the land, ruin upon the villages, the towns will be 'deserted, the rich will fly away from us; the poor will wither, will pine away and die of want; Religion her self will dtsert us, for she cannot inhabit with crime, and Ireland will become, as she o ten was before, a bleak wilderness, inhabited only by the remnants of power on the one side, and the dregs of wretchedness on the other, who will seem to live as they do in hell, only to hate and curse each other. But before those things come to pass, you who are engaged in these societies will have been punished as your crimes deserve. Even this moment you are, as it were, in the hands of the executioner. Be not de ce iv e d, ou ate all known, and though hitherto, you have in many instances evaded the law, be assured you will not evade it much longer. Every thing has its times; the operations of the law are slow, but they are certain as the return of the spring or winter. They will come upon you as a thief in the night, and overtake you when you least expect it; for be not so foolish as to imagine that your combination can maintain itself a;ainst justice, re ligion, and law—against the public indignation and the power of Government—or that it can escape the disgrace and punishment which from the most remote period at , tended every such combination in Ireland." Nothing can be more feeling or more true than what the Doctor has asserted in these few lines. Peace and security must first be established in every country, before the social edifice can be built of suit able and durable materials—combinations must cease —party strifes be laid asiie for the more generous emulation of national enterprise—union prevail throughout the country, and obedience to the laws be considered indispensable to the welfare of the country. And let us not despair that such will be the case with Ireland. The retrospect is, indeed, gloomy and disheartening ; but time and perse verance cure all evils—and the past, it is to be hoped, may, after all, only serve to enhance the brightness of the future.—Morning Advertiser. LAW INTELLIGENCE. VICE-CHANCELLOR'S COURT, Nov. 10. LONGMAN AND CO. V. DOVE AND TYSON. Mr. HORNE said that in this case Messrs. Long man were the plaintiffs, and John Fowler Dove, printer, and the Rev. William Tyson, were the defendants. The motion he had to make *as, that the defendants stand committed for the breach of an injunction of the Court. The injunction that had been obtained restrained the defendants from publishing Lindley Murray's English Grammar, with the alterations and improvemants of the plain tiffs. This grammar was first published in 1795 : it had gone through 43 editions, and the copyright of it was therefore extremely valuable. The de fendants appeared to have thought so, for it had tempted them to invade the property of another. The original copyright of the work had of course, by lapse of time, expired; but in the seventh edi tion of the work, published in August, 1801, with alterations, additions, and improvements, the copy right still existed, up to August, 1829, in the plain tiffs. The injunction was obtained in April, 1829, and therefore, between that month and August, if he could prove piracy, he should have a locus slandi. This was one part of the case; but as all the subse quent editions of the work contained alterations and improvements, the copyright still existed in them. Of these facts the Court, of course, had al-. ready been satisfied, or the injunction would never have been granted. The defendants, however, abandoning their former publication, had put forth another work, which was still a copy, though of a more colourable nature, of the plamtiffs' book. The Learned Counsel then put in the two books, and pointed out various passages which, he con tended, were borrowed from the work belonging to his clients. Mr. LORRAINE followed on the same side. The Sommon-GENERAL, for the defendant Tyson, read the affidavit of his client, in which the deponent stated, that after the injunction had been obtained, Mr. Dove sent him a copy of the first edition of " Lindley Murray's Grammar," and desired him to write a Grammar on that plan, carefully avoiding all the alterations and improvements which Messrs. Longman had, or professed to have made in the subsequent editions; that the deponent did so, and was careful to leave out all the passages claimed by the plaintiffs in the bill they had filed, praying for an injunction. The Learned Gentleman argued at some length upon the doctrine of piracy, distin guishing piracy from the legitimate use of preceding authors by various examples. He acknowledged that borrowing might be carried too far—so fur as to constitute piracy. " For instance," said the Learned Gentleman, " in a late edition of Shep herd's Touchstone,' the learned editor has taken three or four of my chapters and placed them in a note, without acknowledging whence he procured them. This wa , i, perhaps, a compliment to me, but though I don't think it quite fair, I did not file a bill against him." The Learned Gentleman concluded by contending that no other - than a fair use had been made of the plaintiff's work, in the Grammar com piled by his client. Mr. TJNNEY (for the defendant Dove) argued on the same side. The VICE-CHANCELLOR thought that the best corn se he could adopt would be, merely to make no order whatever on the motion before the Court. COURT OF KING'S BENCH, Nov. 10. THIRLEWAY V. SPOTTISWOODE, ESQ., AND OTHERS. The ATTORNEY-GENERAL moved in this ease for a rule to show cause why the verdict for the plaintiff should not be set aside, and a new trial granted.— The action, which was tried at the sittings in Mid dlesex the week before last, was one of hover azain-t the late Sheriff of Middlesex and his bailiff, William Levi, for taking the plaintiff's goods under an execution from the Court of Common Pleas.— The judgment and execution had been set aside by the Court, on the ground that the person against whom they had been obtained was a married wo um, she being, in fact, the wife of Thirleway, the plaintiff. The Learned Counsel sought to set aside the verdict, not on the ground that the damages were merely excessive, but that they were most extrava gant and foolish. The COURT immediately granted the rule. MARTINDALE AND ANOTIIER V. BOOTH, ESQ., AND OTHERS. The ATTORNEY-GENERAL stated, that this case was tried at the sittings in Middlesex after last Term, when a verdict was found for the plaintiffs. He had stow to move for a rule to show cause why that verdict should not be set aside, and a new trial had, on payment of costs. The action, which was on trespass, was brought against the late Sheriffs of Middlesex, for taking certain goods tinder an exe cution against a person of the name of Priest, who had kept the Peacock Tavern, in Maiden-lane, Co vent. garden. The COURT granted a rule nisi fur a new trial, on payment of costs. FLINT V. FLEMYNG. The ATTORNEY-GENERAL stated, that this case was tried at the sittings at Guildhall in July last. The action was on a policy of insurance on freight by the ship Hope, from Madras to London. The verdict was for the plaintiff; and the Learned Coun sel had now to apply for a rule nisi to set that verdict aside and for a new trial. He did this for the purpose of raising a question which the underwriters at Lloyd's considered of great importance, and which certainly, it was very desirable to have settled. The insurance was on the homeward voyage. The ship sailed from London with a cargo to be delivered at Ma4ras, where she arrived on the 30th of Novem ber. She was lost on the night of the sth of De cember. The question was, whether, under the circumstances proved at the trial, the plaintiff had such an interest in the freight as could become the subject of insurance.—Rule nisi granted. COTTON V. JAMES. Mr. F. POLLOCK stated, that in this CAST, which was tried a few days ago at the sittings in Middle sex, Le had to move fur a rule to show cause why the verdict for the plaintiff, with 1501. damages, should not be set aside, and a nonsuit entered on a point reserved by Lord Tenterden. The action was against Mr. John Jam es , an attorne y o f Bucklers bury, for suing out maliciously, and without rea sonable or probable cause, a commission of bank rupt against the plaintiff, an architect and surveyor of Great St. Helen's.—Rule nisi granted. MURRAY v. SOWLER. Mr. HOLT moved for a rule to show cause by, upon payment of costs, the nonsuit in this case should not be set aside and a new trial had. The action, which was tried before Lord Tenterden, at Guildhall, on the 25th of July last, was brought to recover damages for a series of libels, published by the defendant in two Manchester newspapers—the Manchester Courier and the Manchester Herald— of which he was the editor and sole proprietor. — Rule nisi granted. COURT OF COMMON PLEAS, Nov. 10. SANDERS V. MILLS. Mr. Serjeant LUDLOW moved for a rule to show cause why the verdict which had been found for the plaintiff should not be set aside, and a new trial granted. It was an action brought by Mr. Sanders, an attorney, against the defendant, the proprietor of the Bristol Gazette, for an alleged libel published in that paper in the shape of a report of a trial which had taken place at the preceding Gloucester assizes, before Mr. Justice Park. The report ap peared under the head " Gloucester assizes,"and was preceded by one or two ether trials which had taken place at those assizes. It was to the following effect :—" At the above assizes an action was brought by Lord De Clifford against Mr. Sanders, an attorney st Bristol, and two other persons, under these circumstances, as stated by the counsel for the prosecution :—The defendant bad taken a cottage on the borders of Lord De Clifford's premises, where he kept a regular poaching establishment : fair sporting was out of the question; for it ap peared that the defendant used to turn his dogs out at night, when they did much damage to the neigh bouring estates. In consequence of this, Lord De Clifford gave orders that all dogs found in his manor should be caught and brought into his kennel, and there kept till claimed. It happened that a grey hound of the defendant's went into one of Lord De Clifford's fields, and was taken to the kennel to await its being claimed by the owner. It was not known to be the dog of the defendant. Instead of writing to Lord De Clifford to have the dog de livered up to him, the defendant went with two other persons, and having broken open the door of Lord De Clifford's kennel, rescued the dog. The same parties came the next day to dig up the body of a dead dog. Mr. Sanders had a horse pistol, and then insulted Lord De Clifford's servants, and chal lenged one of the keepers to fight. The actual damage done to the kennel door was not much ; but such damages were sought to be recovered as would teach the defendant to behave better in future. The defence was, that the damage done was not more than was necessary for the recovery of the dog; that Sanders merely went to recover his dog from Lord De Clifford's kennel, and bring it away. Mr. Justice Park said that the amount of damages was not necessarily limited to the actual damage done to the door of the kennel; but stated, that he thought that the Jury should give such damages as would not be very injurious to the pocket of the defend ant, but such a, would have the effect of mending Iris ways, awl make 11;m behave with more propriety in future.—Verdict for the plaintiff, 501. Mr. Jus tice Park.—l shall certify for the Special Jury; if the defendant dismisses his gamekeepers, he will soon be able to pay the damages." That was the publication complained of by the plaintiff, and Mr. Serj. Ludlow now moved, on the part of the defendant, to set aside the verdict on three grounds, viz.—First, The publication pur porting to be a report of a judicial proceeding, it could not be taken upon the face of it to be a libel, and no evidence having been given to prove that it I was other than a fair report of the trial, the Jury were not warranted in finding it a libel; secondly, that evidence had been rejected which ought to have been admitted on the part of the defendant ; land thirdly, that the damages were atrociously ex . cessive. The COURT were unanimously of opinion that the verdict ought not to be disturbed.—Motion refused. STEAM CARRIAGES. We copy the following notice from an able little work called the Register 9f Arts and Journal 9f Patent Inventions. Having given, in common with our contemporaries, many notices of other locomotive steam carriages, we think it but fair to call the public attention to Sir James Anderson's invention—which, if it succeed, will certainly do so without the aid of puffery:— PATENT STEAM CARRIAGE OF JAMES C. ANDERSON, BART., AND W. H. JAMES, ESQ., VAUXHALL. Having been professionally engaged, from time to time, in making drawings for the above-mentioned house, frequent opportunities have been afforded us of witnessing their experiments in locomotion, which are chiefly made within their own premises, found a circle of 160 feet diameter; and it affords us sincere pleasure to acquaint our readers, that every thing which is essential towards perfecting safe and rapid travelling by the power of steam is on the eve of accomplishment. lii some trips recently made on the Croydon road, the speed of the carriage aver aged full twelve miles per hour; and, although arrangements had been made for increasing the speed to twenty or more miles, it is not the wish of the proprietors to go beyond twelve, con sidering that velocity to be as great as it is consistent with personal safety on the thronged public roads. (It would be an easy matter to tun twenty or thirty miles per hour on the common road, even an hun dred miles per hour on a good railway, by the in troduction of a blast to the fuel ; a blowing machine is, however, not only unnecessary, but very itjuri ouslf' in its effects upon the metal of which the boiler is composed.) The total weight of the car riage, including the water and fuel, is not more than 26 cwt. The supply of fuel carried is suffi cient for 50 miles ; and of water, about 20 The boiler is formed entirely of tubes, three-quar ters of an inch in diameter, made of the best iron, and proved by a steam and water pressure to be ca pable of sustaining a force of 4,0001b5. upon every inch, which is more than twenty times the strength required, as the steam is suffered to escape when the pressure exceeds 2001bs. The length of the tubes of the boiler is altogether 430 feet 5 inches. The working cylinders are four in number, which act together, or separately, upon cranks, at right angles, and therefore may justly be regarded as four complete steam-engines, occupying a space between the hind-wheels of only one foot in breadth by two feet in height. The compactness and simplicity to which the steam-engine has been reduced in this carriage is truly extraordinary. Although each of these engines may be considered as of two-horse power, we would undertake to put one in each of our coat pockets. The speed of the engines varies from 200 to 400 strokes per lilinute, and the steam is worked expansively. The work is applied independently to both the hind-wheels, whereby the friction is rendered constant upon the road, whether the carriage be running along straight lines, or making every variety of curve—an arrange merit which is also of the utmost utility in ascending hills. The steering apparatus is one of great power and effect, and gives the driver infinitely more con trol over the movements of the vehicle than can possibly be obtained by the most skilful Jell(' with horses. We have seen the carriage repeatedly make turns of less than ten feet radius ; and us the driver can at pleasure take off the power instantaneously, and apply a drag without any exertion, the superior safety of a carriage propelled by steam must be evi dent, especially when it is considered that the burst ing of the boiler is rendered absolutely impossible in this carriage, there being no steam chambers of more than one inch in diameter, which, were it pos sible to burst, would not effect the slightest injury. • We might add, destructive, since there can be no question that it was the blast upon Messrs. Brai , hwaite and Erickson's boiler which caused it to give way, and let the water into the furnace. An old woman named PIERCE, who had been a pauper for 17 years, of Bonham parish, lately died, and under her pillow way found 20001.-- Waterford Chronicle. A practice has become extremely prevalent of young thieves, towards nightfall, sneaking into chandlers' anal other small shops, and stealing the till+, a practice which might be much checked by the use of spring-bells to the doors, A MERRY LITTLE FIGHT-THE JEWS. AT A DISCOUNT. I) Smith, etwee' I A slashing and interesting little mill took place yeete r l S t l o w l R I? : n o b: n E s, n o d n e s t a .f i o t r h_e b o T y s , r Twelve Tternibepos,UU _ Tom ls aside. The match was made off hand, and a very Ord time was allowed to either of the men for training. point of weight they were pretty much upon a par' . about eight stone and a half ; but if there was any differ ence, the Sailor-boy had the advantage. In point of you th an I vigour, too, he also had the pull. In despite of these requisites, however, the known game and scientific ac quirements of the Jew made him the favourite—a feel in g, ' which was confirmed by the knowledge of his having had considerable experience in the P. R., while his antagonist had to make his first appearance. The stake being gao l !: and the friends of the belligerents not being " over well breeched," it was deemed prudent to choose a pla ce 0 , 1 , meeting within a moderate distance of the " great villages and the vicinity of Whetsone was therefore named. The " office" on this occcasion having been given by th e .. initiated, the morning of yesterday exhibited an extraor dinary " turn out" of the minor members of the Foci , lamang whom the " Marrowbone" Club were by far the most conspicuous—in fact, we have seldom seen a° numerous a display of toddlers, among whom the Shee nies were in strong force—all anxious t. witness the prowess of their little champion, and all fatally confident of his success. "So help me Cot,"' cried one to the other, " he's sure to yin it ; the Sailor Puy von't have a chance; he might as yell expect to be High Priest of the Shinagogue, as to expect to lick Sul." And so wedded were they to this opinion, that they were betting 6 to and 2to 1 upon their fav mrite. They reckoned, bogy" . . ever, without their usual foresight, for poor Solly Ws s sentenced to defeat, and overwhelmed his followers in Li s misfortune. As the day advanced, the crowds on the road to the scene of action thickened, and the usual display of f° ll/ and frolic gave spirit to the scene. On reaching the Green Man, in the hollow below Finchley, however, there We e a grand halt, and a council of war was convened. A scout gave notice that there was to be a tithe dinner at Whetstone, at which certain beaks were expected to be present, whose hostility to the disciples of willing W I anything but doubtful. This was a natural so urce o alarm, especially as at least a tithe of the multit ude felt ' that were justice to have its way, they ought fairly to be rendered in kind to the claims of the Church or its sup porters. The difficulty, however, was soon got over, bT a cove well acquainted with the geography of the districts who, leading the motley groupes down by the Coiner hatch-road, conducted them in a circuitous route to the pound originally intended, about half a mile from Whet", stone, thus avoiding suspicion, and securing the quiet and uninterrupted termination of the battle. A more to terly and successful mancenvre has seldom been practised in the field of Mars—for while the town of Whetstone exhibited all the appearance of a Quaker's meeting, its jov mediate vicinity was full of noise and bustle. Soon after twelve the ring was formed in excellent or der, and the forces, upwards of 2000 in number, took their ground, with a spirit of accommodation and gou" humour seldom exceeded upon such occasions. The we ll arrived at the scene of action in hackney drags soon after' and all being in readiness, entered the arena, Sof. bens taking the lead, and Smith not being long hebi e ".. Sol sported a blood red fogle, while Smith, true t°„ . b e l colours, displayed the Navy blue. Reubens was we ° , 4 upon by Nathan and ALT Belasco, and Smith by He r " Junta and M'Carthy. On stripping Reubens showed e r " cellent muscle and good spirits, but he was thin and any thing but in " slap up" condition. Smith, on the c' uv i trary, looked fresh and well, and bad all the confiden ce °, a fellow conscious of his own strength. Still the Jew was the favourite, and the Sheenies opened in all dims' Lions with offers of six and seven to four, but With fe w ' takers. Till FIGHT. On coining to the scratch the position of both Inert 1 . good, and each looked sweet upon his chances. L itt ' e time, however, was lost in reconnoitering—the Sailor 13 1 having taken his determination, at once bore down awl'" fly with his left, which was prettily stopped by Sol. Wl: l ,i Lis right the Tar was more successful—this he plo t ., heavily on the Jew's left eye, and then rattling aw a Y good style, hit up and slogged at the body and head, till 0 , the close the Jew, who made some slight returns, thrown. In the second round the Sailor Boy ayes equs_ t ri, on the alert; he commenced by planting his right hescr'. l 6 l on the Jew's hotly, and then, quick as lightning, poPP' d . j ,; his left on his nose. The Jew fought cleverly with 1 ,11 ,, - ; and . made some fair counters, but the Sailor Boy WO . , t— r quick, breaking away, hitting up, and again flooring r Sol, who exhibited first blood. The odds now carn e t ° evens, but such was the general opinion of the Jew's that few were disposed to doubt his ultimate success. the third round Sol came up full of life, and commellc c " fighting; the Sailor Boy was ready, and met him with left-handed job on tire head. Sol was boring in to re turn but the Sailor Boy slipped on one side, and the Je w fell On his hands and knees. The fourth round was all in favour of Smith, whose supurier strength, as !ve il good right and left hitting up, as well as straight for(fivairt, gave him a d(cided advantage. Reuben' retreated g - ing to the ropes, but at last fell, the Sailor narrowly escap e • hag hitting him a foul blow as he was on his knees. To th tenth round Smith thus kept the lead, when he received.; heavy blow over the eye-brow from Sol's right, whl" drew a stream of blood. " All not over yet," cried the Jews; and Sol again had his backers; it was but a vial ray of hope, however, for Smith, in the neat round, ha v the advantage of trite b o avy counter-hits, and the •J s i was again prostrate. Smith repeatedly tried to give hi', a cross-buttock, but (lid not succeed till the 21st roan"' when he gave him a burster. From thenceforth it roan"' seen by those who were not bigotted in favour of the Jevi' that Smith must win ; hut still the Jew came up Pu le ' and fought to the 35th round with unshrinking courage. ; Ilia left eye was now closed, his ear severely cut , histlo % distilling the purple stream, and his face altogether she, ing the (ffects of heavy hitting ; added to this , be grl dually became weaker, and, in the 35th and last I .ooo be being hit down with a flush hit in the phiz, so a' t° , o , reduced almost to a state of stupidity, while his a a not nist was as fresh as a rose, his seconds, seeing he 1 0" .- $5 a chance, very properly gave in for him ; thus, i 0 itb rounds and 35 minutes, crowning the Sailor BOY " victory, amidst the cheers of his friends. REMARRKS. 10 4 For a minor fight, few have been witnessed whit''' t o lf given more satisfaction. Both men fought in a fair, % jo g style—no slinking or shifting—but right down Blast till work. It was obvious, from the fourth round, that Jew had found his master ; and the quickness an d I'S c V sion with which the Sailor Boy used his left and 4, 1 ' 0 4 well as took advantage of every opening which he astonished those who regarded hins only as a noe pea generally made play with his left, which was oft en al, and did nut always reach its destination; but °'f e vie right he is a heavy and decisive hitter, as the pel t The body, left eye, ear, and conch sufficiently prove' 0 44 Jew fought in his usual manly style at starting, gl3,af right to his man's head ; but towards the t e rroioa tl ° e att the battle he became more cautious, fighting on t he r —beet and meeting the tremendous rushes of Smith way he could. Towards the conclusion of the c °ll tiff Smith, under Harry Jones's tuition, gave a terrifi c f tbe, with his head, which catching Reubens on the point 0,0, smeller, was anything but agreeable, and hastened the % t it ing scene. It is but due to say the Jew proved O n gli a game man, but neither his condition nor his streilio: was sufficient for his gallant opponent, who in thio:,.o, debut, has established himself as a star among the 014 weight., and will no doubt soon find a few can his favours. 'o o°. The ring was uncommonly well kept, and the b ust of the day throughout was creditably conducted. h i s y i The battle-money will be given to Smith on r r ds . evening, at Frank Redmond's, Duke's Head, L° ll/ Pond, Borough. in tbe to, MARRIED. Or' On the 9th inst. at Hackney, INIr. W. Iluxtable, t oe , geon, to Elizabeth, youngest daughter of Mr.,..(-33'1 both of the above place. DIED. On the 10th inst. aged 70, Mr. J. potter, of Ch'' street, St. John's, Southwark. i ',, 10 ' On the Bth inst. Mr. R. Miller, of Kenton -10.g' row, and of Mortimer-street. t he Margaret/ On the 10th inst. in Fitzroy-square, - eldest dau 9 ght of It. Barker, Esq. On the ch er inst. James, the only son of Mr. -- ) " 15' 01 the Ilaytnat ket. ea ligt o f On the sth inst. at Bury St. Edmund% aftort Susannah, the widow of Mr. John Pate , s°l` A Afov that town. On the 29th u1t.,70f a few days' illness, at the t Orr '„ age of 78 years, Mr. Valentine O'Brien, o f Ole" . f tain-street, Dublin, apothecary. ifi re ° At Masulipatam, March lb, Ellen Morris, tb:.„,/ Lieut. N. Burrard, Quarter Master Ist Madram Pr Regiment. 40 o a f PRINTED AND PUBLISEILD EY MURDO YO TUE SUN OFFICH I 112, STAAPID, LOOP.