The Sun. — London, England, 1835-11-16 00:00:00

SPIRIT OF THE PUBLIC JOURNALS. the second, though some days in our possession, and it has already appeared in print in this country, we were unwilling to give it a place in our columns before we had some means of ascertaining whether it was a genuine document. The language attributed to the Emperor appeared to us so questionable, that we could not at first persuade ourselves it was usod. But though there were no short-hand writers within the hearing of the Muscovite Czar to take down his words, and in spite of the rigorous system of espionage kept up wherever the blessings of Russian dominion prevail—the *Em peror's outrageouS sortie has found its way beyond the walls of the Imperial palace, and, what was more dif ficult, beyond the " frontiers strictly guarded by Cos sacks 'and innumerable agents of the Russian political inquisition. We have no longer any doubt about the imperial " speech," so far as harshness of language and severity of threats are concerned, however much some of the words may have differed from those of the version before us. It seems to have already produced astonishment and indignation wherever it has been read. Indignation it is well calculated to inspire where men have hearts which are at all accessible to any generous impulse ; but as to astonishment , it is 1 really doing too much honour to the utterer of the language used to acknowledge that such a feeling could be produced by the expression of any of his thoughts. It should not be forgotten that Paul was his father. Alexander had committed an over sight when, looking upon his brother Constantine as the exclusive successor to the defective construction of his father's mind, he deprived him of the power of re newing the atrocious scenes which had disgraced the father's reign. Let any one peruse attentively the language to which the municipal authorities of War: saw were condemned to listen in the imperial presence, and if he be not a Russian slave, let him say whether he who used it can any longer maintain the right, hitherto conceded to him, of being ranked among reasonable men. Aro the menaces and insults with which the speech abounds, falling from the lips of a Sovereign on a solemn occasion, indications of a well organized mind.? Are the threats of blowing up cities, and leaving them in perpetual ruin, proofs of the self-possession which characterize , the words and thoughts of a SoVereign whose intellects are in any tolerable . order ? And these threats of ruin and devastation Nicholas has already done enough, to demonstrate his capacity of executing,: The proscription of whole populations of Poles to Siberia, and the confiscations by wholesale of property in Po land, in violation of . every principle of right, justice, and humanity, are acts too generally notorious to ad mit of any doubt that Nicholas, in his threats of ven geance on the Poles, puts forth no more than he would be willing to execute. But his Muscovite Majesty's speech told the Poles more than it was intended they s'ltould - learn. It has convinced them that they still possess a power which gives considerable uneasiness to their oppressor. The Journal des Debats of Friday, in commenting on the indiscreet revelations brought • out through this speech, as to what was passing in the imperial mind, very aptly observes, that the feeling raised in his hearers Must have partaken of gratitude, inasmuch as he, the Emperor, was the only man in Poland who could have proclaimed the truth of her still dreaded power without being punished by the hand • of the Russian executioner. May the Poles find means -to show this gratitude of theirs in the most effectual We publish to-day new and overwhelming evidence of the perfect accuracy of the view we have taken of the merits of the ease of O'Connell and Raphael in the matter of the Carlow election. An evening rint (the Courier) which we will not permit ourselve l to believe dishoneit, but which even courtesy, however overstrained, mtukrrecessarily pronounce to be oppres sively dull, dedities that we arc at issue with Mr. Raphael, because Mr. Raphael did not state, and we did state, that that gentleman had paid upwards of 1,0001. over and above the 2,0001. which O'Connell had guaranteed to him should be the extent of his loss in the Carlow " safe speculation." •How ridiculously illogical such reasoning is it would be positively in human towards 'our contemporary to demonstrate ; but, what is more to the purpose, it would be wasting the time of our readers, because in another column we publish a letter from Mr. Raphael himself, in which he states the fact, which we averred upon other authority. By Mr. Raphael's letter it will be seen, that he has " been called upon to pay, and has paid, upwards of 1,1001. in addition to the 2;000/. towards the expense of opposing the petition against the re turn, and that there are other claims still unsettled." Our readers will recollect that O'Connell received the 2,0001., and that his guarantee was unlimited. This makes the cheat practised upon Mr. Raphael more serious to him, but it does not render the attempt to cheat him to a greater extent more palpable than the evidence previously adduced made it. It was quite clear before, that having got 2,0001. out of him, cer tain parties squeezed without mercy, in the hope of making him bleed more. Let us pass, preserving the order of our summing up for the evidence on Saturday, to the second feature of the case,—namely, the illegality of the • transaction. And here again the obtuseness of our evening contemporary has as tounded us amazingly. We said, that to charge a 111111 1,0001. for being merely nominated—that is, for . beingproposed as a candidate—a ceremony to which no legal expense attaches—was illegal, and an offence urder. the Act 49 Geo. 111., c. 118. We adhere - to this position, and we believe that no 'lawyer will venture to dispute it. The Courier, - how ever, replies that the legal expenses of the election -would have commenced before the nomination, and a simpleton in a Sunday print (whose defence of O'Con nell a week since was of such a character that we will not stoop to contention with it) calls: us " silly" for not being aware of this fact. But what has the reply of the Courier, and of his sympathetic simpleton of the Sunday print, to do with our position ? Mr. O'Connell's words are these You are to : pay before 'nomination 1,000/.—say 1,000/., and a like sum after being returned—the first to be paid" (not, be it observed, for legal expenses already incurred, or for any expenses at all—but) " absolulelu and entirely for being nominated." And yet, in the face of this clearly and unequivocally expressed contract, under, Mr. O'Connell's own hand, we are told that the 1,0001. was 'paid for something else, and not for that one, that only, thing, which Mr. Raphael contracted to pay,, and Mr. O'Connell to' receive it, for. 'We confess, with no less sorrow than surprise, that the days have indeed passed away in which " if the brains were out, the man would die." Having brushed off these foolish flies, let us call the attention of our read ers to the second letter or Mr. O'Connell, which ap pears in our impression of this day. It will be seen, that—in addition to the charge of 1,000!. to be paid " absolutely arid, entirely for being nominated," and the damning evidence of the illegality of the whole transaction, which almost every passage of the narra tive tended to accumulate—Mr. O'Connell has put beyond doubt, beyond cavil, and beyond dispute (ex cept on the part of the dullest or' the most dishonest of_ the human race) the fact that the bargain made with Mr. Raphael was a gross violation of the act 40 George 111., c. 118. Mr.. O'Connell says, "If there should be no petition, I agreed, on the part of Mr. Vigors, that the greater part of the second 1,0001., more than one-half of it, whatever might he the amount of the election.ex penses, should be applied to conzmencethefbrmation a fitnd to indemnify the voters, and their friends and relations, from that persecution which the Carlow landlords then -threatened, and have since exercised." It matters not what the fiend was for, if • not for legal expenses bona fide incurred at the election. Such is the statute law :—and whether the surplus of the se cond 1,0001. was to be disposed of as ,O'Connell says 2t was, or whether it was to be set apart for the use of the county hospital, or whether (which is most likely) it was to be shared among the priests of Carlow, Who drove the electors. with whips to the poll, threatening them with eternal damnation if they refused to vote for the " Liberal " candidates, still the character of the transaction is not varied or altered, so far as regards the statute, which in any case it grossly violates. Mr. O'Connell has over-proved the case, and it must now come before a court of law. We summed up this case in a third point of view on Saturday. We showed why the House of Commons could not, with the least regard to its own consistency,. refuse -to investigate this transaction. What abundant reasons does not this second letter of O'Connell fur nish, in addition to those we advanced on that occa sion ! For God's sake - let his own account of the transaction be carefully read. • He wanted a man for Carlow who had 2,0001. (no very large property), arid who would give certain pledges. He tried hard for one but not only not in Ireland, but not throughout the whole of the King's dominions, could he find more than a single individual who being able to com mand the necessary sum, was in other respects fitted for his purpose. Of that individual O'Connell says that " he had himself no personal means of estimating his character ;" and he further confesses, that " honest and experienced men" had cautioned him against the man, as a " faithless creature, who never observed any contract, and with whom no person ever had a dealing without being sorry for it." Yet this man he chose to represent an Irish county. Will ,the " Li berals" of the House of Commons tell us what they mean by " purity of election," and by the " free repre sentation of the people," if they hesitate to visit as it deserves such a proceeding as this ? We have no he sitation in declaring that 'if, in the next session, there way !. !—Times. be any attempt to cushion this case,—whether on the part of Ministers or of their hangers-on,,the members concerned in it will exhibit themselves, not only to. their own country, but all civilized Europe, as the basest crew that faction ever spawned. When Parliament l i shall have re-assembled tee, at least, will do our duty in this matter. In the mean time, let us beg of all men, of whatever party, to consider this Carlow case with the view of eatimatin g the value which should be attached to what i s called " Irish representation," in order that, for the future, they may be neither " blarneyed nor humbugged." We are constantly told that " the voice of Ireland " is not heard in Parliament, because its so-called representatives (of the " Tail") are not listened to—are not allowed their due weight—in the House of Commons. The representatives of Ireland I so far as they con sist of the " Tail I" What are they, what may they not lie, if this Carlow game has been played before, or is suffered to be played again ? How many. successful Raphaels are there in the " Tail" now ? What would Mr. Raphael have represented, had his fate been dif ferent, except his own 2,0001. of good and lawful money ? What is Ireland , but a n overgrown Old Sarum, if D a ni e l's “ - dealings go unchecked and un punished ? Oh I let us hear no more of Daniel's nominees being representatives of Ireland. The people of England and Scotland will for the future laugh them to scorn as often as they lay claim to such a title, and however their votes may count within the House, they will pass henceforth for no more than they are worth out ofdoors,—which is absolutely nothing.—Times. We elsewhere insert two papers regarding unhappy Poland, the one bearing the form of a letter calling attention to the question of appoigting a British official agent to the Republic of Cracow ; and the other being a document containing what is called' a speech" lately delivered by the Emperor Nicholas to the muni cipal authorities of Warsaw. In reference to the first of these papers, we may :state our belief that the ques tion of an official appointment to Cracow has been for some time under consideration with the Government ; and.that if it hafi not been already resolved upon, many days will not be suffered to pass before its an nouncement will appear in the Gazette. In regard to The language said to have, been applied to the House of Lords by Mr.• Hume's protegtc the Mem, ber for Bath, at the late Radical meeting in that once loyal city, was Of a nature almost too gross to notice or comment upon. It was too pungent even for the - not .over-delicate nerves of Mr. Hume himself ; While General Palmer, even before Mr. Roebuck had opened his lips, frankly acknowledged that he should have pre . - ferred any one else for a colleague. So far as an open enemy is preferable to a concealed.one, Mr. Roebuck is cnitled to the full praise of candour and sincerity. He cannot be accused of mincing the matter ; but proves himself the worthy follower of the " missionary" from whose lips certain Scotch and English mobs have been treated with similar diatribes. Mr. Roebuck plainly tells his hearers—for people were found, even n the city of Bath, to listen to this seditious, revolu tionary trash—he tells them that he looks upon the House of Peers as a " nuisance," and- one which he is determined to abate ; and that " not in a round about way—not by removing the Bishops from "the House, for -that would. not remedy the evil ; but, either by', doing away with the Lords, or making them elective." To justify his sweeping mode of dealing with one branch of the Consti tution, Mr. Roebuck thus describes and charac terises the Members of the Peerage :—" The Lords," says this modest and accompliShed M.P., " had never acquired honest and industrious habits (including, of course, the honest industry of defrauding the public revenue), and they did not know how honest and indus trious men thought and felt ; they were old, interested, weak, vacillating, and idle, and therefore he wished to see their controul and irresponsibility at an end ;"adding, by way of peroration to this notable harangue, that " the people of Bath' would never be satisfied until a really democratic Government was established in this country." Mr. Hume, for whose ears, as we have already said, this dose_was a little too pungent, could not refrain, however, from having a kind of side-wind fling at the U, per House himself, so chose for his cue its appellate jurisdiction, which, with equal good taste and veracity, he described to be composed, " as was 'often the case, of the Lord Chancellor, one Bishop, perhaps reading a novel, and one Peer, asleep on the benches." We wish the city of Bath joy_of its Robin Hood and Little John—of its thus being made the focus of revolutionary jargon and malignant falsehood. We say we wish it joy, because if it does not adopt Some means of freeing itself from the imputation of this foul mouthed slander, its former character for sound princi ples, for polished manners, and as the chosen resort of rank, wit, and learning, must merge in the worse than nauseous radicalism of which its Representative thus becomes the unanswered, the uncontradicted organ. While we give the Representative for Bath credit for the candid openness of his destructive hostility to the House of Lords, it cannot be denied that he treats the Monarchy, by implication, with quite as little cere mony. He tells us that his auditors, and that, of course, he himself, "will never be satisfied until a really democratic Government' has been est - Wished in this country," which, of course, implies the destruction of the Monarchy as a necessary prelude. Now, surely, either the Law Officers of the Crown ought to deal with such languags as this, or else the public are bound to treat it as the merest rubbish that the ears and eyes can be assailed with. It is in this latter point of view that we feel inclined to treat it, consigning its author to the contempt of all rational minds—a .contempt of which the inhabitants of Bath must expect to partake, if, when the opportanity offers- they ever again allow themselves to be thus represented.—Morning 'Herald. The Journal des Debats reverts with considerable asperity to the speech which the Emperor of Russia is alleged to have, delivered to the municipal officers of Warsaw on his passage through that capital. Though still expressing some doubts as to the authenticity of that document, the French Ministerial organ declares that it must excite the indignation of all generous hearts, so blunt is. its outrageous and menacing tone. It is old Moscovy piercing the envelope of politeness and civilization, and a sample of the barbarity that preceded Peter the Great. After such an oration, St. Petersburgh is too European and civilized a capital for the Czar. Fle must betake himself sto Moscow, the old Kremlin, and the Castle of Iwan the Fourth. The Palace of 'Catherine is not suited to him, and the hut itself in which Peter the Great slept when he built St. Petersburgh no longer becomes a Prince who talks of battering and destroying towns, and swears that he will leave them in ruins. The' Debuts is at some loss to discover the real object of the Emperor's menaces. It believes that they are intended for Europe as well as Poland ; and exultingly infers that Poland is neither repentant nor submissive ; that she has not resigned her notions of independenee, and that the Russian police, " the best in the world," has been unable to prevent that ill-fated country from corresponding with foreign parts. In, we believe, the •Courrier Francais, the Emperor's speech has reached the French Cabinet, just in time to frustrate the efforts of such of its mein bers as wished the alliance of Russia to be preferred THE SUN, LONDON, MONDAY, NOVEMBER 16, 1835. to that of England. The translation published_by the Debats, though much milder than the original text, has excited but one cry of reprobation against the Autocrat. It has been the means of eliciting a mani festation of the extreme unpopularity that would at tend a leaning towards the destroyer of Poland. Even Marshal Maison has given up the high opinion he had constantly expressed of the Emperor's eri. lightened mind and generosity. At first he could not believe the newspapers, and, to convince him, it was found necessary to submit the original document to his perusal. The National has a long address from the Polish Democratical Society to the Home Minister, remonstrating upon the recent arrests of persons and seizure of papers connected with that society. The " Nobles exiles," of the Journal des Debats, to the number of twelve hundred and ninety, urge that they have never made a secret of their association ; that its great object is to effect the deliverance of their country, by emancipating the serfs through the propagation of knowledge, and thereby developing the whole national strength against their common oppressors. They sub mit to the Minister a list of the members of the Society, and conclude with the declaration that, wherever they may be, they- will retain the character and title of members of that Association. Morning Post. We refer our readers to' another letter from Mr. O'Connell to the electors of Carlow, on the subject • of the calumnious imputations first broached by Mr. Raphael, and which have since formed the ground work for so much amplification and comment on the part of the Tory Press. The Ex-Sheriff has been allowed by the latter gentry to play a somewhat con spicuous part in their columns, and to take, as it were, the jackall's part in furnishing matter for divers lumi nous articles, of which his communications have, formed the basis. Why was this man ever suf fered to emerge from that obscurity which was most fitting for one of his habits and character ? Mr. O'Connell has . successfully freed himself from all the personal inculpations of his accuser ; but there is still a charge lying at his door, and it is not a slight one—that of being a prominent party in putting forward this very insignificant and parsimo nious perSonage into a station for which he is so mi serably unfitted. Should the Ex-Sheriff, however, suc ceed in finding any one foolish enough to patronise him in Making another attempt upon a Parliamentary con stituency it will probably be under the counsels and auspices - of the Carlton Club ; bUt we rather think with Mr. O'Connell that Mr. Raphael is not wanted by the Tories—they are already sufficiently rich in the qualities which he possesses. Besides, the Carlton Club would he shocked at so profligate an expenditure as that of 2,0001. upon a contested county election. But ehough of Mr. Ex:Sheriff Raphael and his trum pery imputations upon parties whose greatest fault seems the want of penetratbn and of judgment, to which charge the selection of such a man must render them liable.—Morning Ch2'onicle. • It is with no 'small degree of pain that we have seen, during the last two or three weeks, more than one member of his Majesty's Government taking especial pains to arrogate to themselves, and the body to which they belong, a line of policy with regard to the House of Lords, il•hich is not only at variance with the de monstrated hostility of that House to all useful and effective reforms, but, so far as we can learn, with the growing wishes of the community. Lord John Rus sell, for example, has thought proper to cry aloud against " organic changes in the Constitution," or, i n other words, against any change which should diminish the' irresponsible power of the House of Lords, and bring it to act in unison and harmony with that House which emanates from the people, and is ,responsible, .once, at last, in seven years for its acts. M. Spring Rice has followed the same example, and declared that he is inclined to trust to the powers of the constitution for working out all necessary Reforms—or, in other words, to leave the Lords in possession of their irres ponsible veto—take what he can get from them, and leave the rest to the chapter of accidents. It is well known that we are inclined to be favourable to the present Administration, on account of the liberal prin ciples generally professed by it, and the still more liberal measures which it has proposed, as well as" on account of the opposition with which its policy has met in all quarters but the quarter of the people ; but truly such declarations as those to which we have re ferred are greatly calculated ) not only to diminish our respect for it, and to shake our confidence in its wisdom and integrity, but to induce us to believe that it is not composed of those hardy elements which at.e calculated for the present times. From Mr. Spring Rice we had no reason to expect any thing profound in principle or great in sentiment —he is one of the small men of the Cabinet, and is as much a pedlar in small politics, as others are ped lars in small wares ; but Lord John Russell is a person of a very different calibre, and we are frank_ to own that we are disappointed by his declaration. Let that declaration be scattered to the winds I It is unworthy of the Noble Lord—it is unworthy of his position—it is in contradiction to all his previous conduct—and it is more than gainsaid by the emphatic warnings of Lord Melbourne during the last Session of Parliament, and the 8611 more forcible announcement .of sentiment and policy on the part of the Right Honourable President of the Board, of Trade, at a dinner givoii to him by his constituents "in Manchester. The former must be fresh in the recollection of our readers—and ,the declaration of the latter, now a Member of the Cabinet, " that for his part lie knew not the meaning of final measures," can be scarcely less so. Lord John Russell and Mr. Spring Rice would carry Re form to a certain point, and would then have it to stop. What folly ! Who can arrest the progress of im provement, or put an effectual drag upon the wheels of Reform ? Who that is wise shall say with impunity to the public, " Thus far shalt thou go in improving thy condition, and no farther ?" With equal reason bid defiance to the tumbling avalanche, or endeavour to arrest the increasing roar of the mountain torrent. The tide of Reform has set in, and is not to be ar rested in its course with impunity. Attempt to dam it up, and it will not only overflow the barriers, but bury in its overwhelming progress all who may attempt to oppose it. The Duke of Wellington is an example in point,. and we bid Lord John Russell and Mr. g. Rice take heed to it.—Morning Advertiser. GIPSIES.—A party of gipsies are in custody at Newcastle on suspicion of theft, in whose tent Were found, by a constable, near Bilbury Wood, the following articles : —A shell and silver snuff box bearing the arms of Earl Mountnorris, a chrystal or stone seal, a wooden tea-chest, two gold hoop rings (marked H.F.), with a great number of other articles. The property which the party had ob tained possession of is worth not less than 2001. INCENDIARY FIRE AT GODALMING.—LaSt week a fire broke out in a rick-yard, at Fisher's-street, between the above town and Petworth,, belonging to Mr. John Taylor, of Screech-ho use , a f a rmer much respected in the neighbourhood. An oat-rick was consumed, end, but for the timely assistance rendered, a barn filled with corn and other adjoining property must have fallen victims to the devouring element. Fortunately the fire was soon disco vered, and the Petworth town engine, and those belonging to Earls Egremont and Winterton, were early on the spot. It gives us much pleasure to add, that the labourers ren dered every assistance in their power. The property was insured in the Norwich Union. There can, unfortunately, be no doubt that it was the act of an incendiary. Sus picion rests on an individual, and we understand that no trouble or expense will be spared to obtain a conviction.— Surrey Standard. FIRES.—At two o'clock yesterday afternoon a fire broke out in the foreman's dwelling-house in the yard of the extensive livery stables of Mr. Joseph, in Foley-place, Marylebone. By vigorous exertions the fire was got under without extending beyond the dwelling. The damage done is considerable. Another fire occurred about twelve o'clock on Saturday night, at Mr. Currie's,• 185, Oxford -street, from the careless introduction of a lighted candle into a cupboard in the back parlour, but was put out without doing any damage beyond destroying the cupboard and contents. On Saturday evening, at seven o'clock, at the house of Mr. Smith, 7, Husband-street, St. James's, by the carelessness of a servant, fire was set to the curtains of the attic and the furniture in the room, and the roof was much damaged. Another fire, which occurred shortly after mid night, at the residence of Mr. Fitzgerald, 2, Hooke's gardens, Tooley-street, destroyed a bed and furniture in an upper room. In each of the cases the parties were fortu, nately insured. A fire broke out_on Saturday morning in the-house of Lord Middleton, 11, Montague- s t ree t, Port man-square. It was suppressed before any great mischief had been done. .~ ~': Y. CHANCERY COURT.---SATURDAY. IN THE MATTER OF THE PRISONERS IN THE FLEET. Sir L. SHADWELL, at the sitting of the Court, took an opportunity, to advert to a question relating to persons con fined in the Fleet . prison for contempt, which was men tioned to him in the Nice-Chancellor's Court on Thursday last. On that occasion it seemed to have been supposed that no Master in Chancery had, in compliance with the provisions of the Act of Parliament, been appointed by the Court to visit the Fleet prison, and that, in point of fact, no visitation had taken place. Now, this was not war ranted by the real circumstances of the case. Master Brougham, the Master last nominated as the visitor by the Lord Chancellor, had for three successive quarters regu larly visited the prison within the periods required by the Act. • It was the duty of the Master to make a repprt to the Great Seal, and on that report being received, the Court nominated another Master to visit the prison. The report, in point of fact, had been made ; but it was unfor tunately sent in during the long vacation, and not reach ing, on that account, the hands of the Lords Commis sioners, no successor had been appointed to Master Brougham. This was the real case ; but it was right also to observe that in the examination before the Court, no blame was imputed to any , one for the omission. BOWER V. MORRIS. Mr. J. RUSSELL supported an appeal in this case from a decree of the Master of the Rolls (Sir William Grant), pronounced in 1816, but not appealed against till 1831. The delay in presenting the appeal and in prosecuting it arose from the continual necessity of revising the suit, through the birth of new plaintiffs, the death of others, mar riage, change of residence, and the other circumstances which arose among extensive interests. The suit arose out of the will of Mr. Freeman Bower, who at his death in 1793, left his property, real and personal, to a Mr. J. Morris, in trust after the death of his widow, for the be nefit of his three daughters. Mrs. Bower, the widow, was possessed of separate property ; and at her death she also left Mr. Joseph Mon-is her trustee for the benefit of the same persons, so that Mr. Morris was the trustee of the estate of both husband and wife for the three children. The plaintiffs were now very numerous, but they all claimed as descendants or representatives of the three daughters. Mr. AGAR, for one of the defendants, contended that the plaintiffs were, after the expiration of sixteen years of submission, precluded from appealing in this decree ; that, even if they were not, it was impossible for the Court, with any regard to justice, to alter the decree, and there by shake the title of the properties . sold or disposed of un der that decree. The case was not. concluded when the Court rose at four o'clock. ROLLS' COURT.-SATURDAY. THE ATTORNEY-GENERAL V. THE CORPORATION OF LIVERPOOL. Mr. BICKERSTETH moved in this case for a special in junction to restrain the defendants, the corporation of Li verpool, from carrying into effect certain proposed loans or levies of money, and from borrowing or taking up at interest any monies for the purpose of augmenting the stipends of the ministers or clergymen of those churches, the patronage of which was vested in the Corporation, or any such or the like purpose, and from fixing the common seal of the Corpo ration to any bond, mortgage, or other instrument, for se curing the re-payment of any such monies ; and that they may be in like manner restrained from applying the monies which may have been already borrowed or taken up, or any other part of the funds of the Corporation, in the augment ing of the stipends of such ministers as aforesaid, or other wise in endowing the churches to the nomination or pre sentation whereunto they are so entitled as aforesaid. The Learned Counsel said that his Honour would recollect that by an Act of the last session of Parliament all Corporations found to be entitled to advowsons and presentations to livings were directed to sell the same, and carry the pro ceeds to the common stock of the borough. In this case it appeared that the old Corporation of Liverpool, being about to expire, had fornied a resolution to raise sums of money for the purpose of making a permanent provision for the clergymen mentioned in the affidavit. This was considered so direct a violation of the intention of the Legislature that to defeat it recourse was had to the present proceedings. His Honour the MASTER of the ROLLS, after hearing , Counsel at length, said, I think you are entitled to the in junction. The Act devotes the property to certain pur poes, of which this is not one. The injunction was consequently granted as prayed, and service of the minutes of the order to be good service. COMMON PLEAS.-SATURDAY. ENDOR (EXECUTOR OF STULTZ) V. SIR WILLIAM TWISDEN. Mr. Sergeant TALFOURD showed cause why the rule nisi obtained in this cause for exemptinc , the plaintiff from the payment of certain costs should not be made absolute. The action had been brought for the recovery of a bond debt of 631/. Ils. Gd., and the case was tried during the sittings after last term before Mr. Justice Gazclee. The plaintiff sued in the capacity of executor to the late Mr. Stultz, the well-known tailor, and a verdict having gone against him; he soug ht t o b e re li eve d f rom th e p a y men t o costs pursuant to the provisions of a recent Act of Parliament, on the ground that the proceedings had been necessary and of course properly instituted. Had he, however, used pro per caution, he could easily have ascertained that the de fendant had been relieved from the demand by means of the Insolvent Debtors' Act, and not having done so the Learned Sergeant contended that he was not entitled.to the exemp tion he sought to obtain. • Mr. Sergeant FOLLETT, in support of the rule, contended that this was a fit case for the Court to exercise the discre tion with which they were invested.—Rule discharged. EXCHEQUER COURT-SATURDAY MASON AND ANOTHER V. DICKBURN. In this case Lord ABINGER gave the judgment of the Court. It was an action on a bond, and it was specially pleaded that the bond had been obtained by fraud and co vin. The case had been opened by the plaintiff's Counsel, that the fraud and covin were that the bond was given for the purpose of purchasing the 'practice of an attorney from the plaintiff, and in order to induce a false representation of the profits of the business. Substantially, that was the description of fraud and covin the defendant had desired to set up. Upon the trial he was of opinion that that was not sufficient covin and fraud to bring the case within the scope of such a plea, and he entertained a strong opinion that the case made out was rather one for a Court of Equity. Now, whether he were right or wrong upon the subject, as the point was one of great importance, and as it appeared to be the first time that it had been brought into question in the same form, it would not be proper that de fendant should be prejudiced by a decision of that Court without giving either party the opportunity of carrying i further. The Court thought, therefore, on the whole, tha the case should go down to a new trial. The rule wouldt consequently, be absolute for a new trial. , The COURT then proceeded with the new trial paper. EXCHEQUER. CHAMBER. The Judges of the Courts of King's Bench, Common Pleas, and Exchequer rose from their respective Courts at an early hour, for the purpose of hearing the arguments of Counsel on points of law in criminal cases, reserved during the circuits. THE KING V. MUMPORD. In this case, tried before Mr. Justice WILLIAMS, at the last Stafford Assizes, when the prisoner was found guilty, and in which Mr. Godson, Counsel for the priso ner, had taken an objection to the conviction on the ground that it did not come within the 9th George IV., c. 21., sects. 11. and 12. (the statute under which the indictment had been brought), the Judges heard Mr. Godson at con siderable length, but gave no decision on the point sub mitted to them. The charge against the prisoner was for sending a tin box, containing 31bs. of gunpowd er t o a per son of the name of Giles Lads, with an intent to cause the e to explode. PREROGATIVE COURT. COCHRANE V. MIDDLETON. In this case (tried on Saturday) the deceased, Mr. Thomas Cochrane, died at Kingston on the 24th of July, in the present year, leaving Lady Garratt, his aunt, the only next of kin, and a wife, from whom he had been sepa rated by a deed, which settled upon her the sum of 2001. a year. The deceased had for many years lived with Mar garet Marianne Middleton, one of the parties in this case. The testamentary paper produced to the Court for probate was wholly unexecuted, there not being a single name . throughout, and was in favaur of Marianne Middleton. An allegation on behalf of the will was now offered for admission. The Court directed the allegation to be admitted. WADDIS AND WADDIS V. RIPON AND RIPON. The 'question in this case arose as to the testamentary papers of Mr. Thomas Ripon, late chief cashier to the Bank of England, who died, aged 75, on the 13th of Au gust, 1835, and left a widow (f ro m w h om h e h a d b een separated), two sons, one daughter, and two grand-daugh ters. There were various papers left by the deceased, seve rally bearing the following dates :—August, 1811 ; June, 1822 ; June, 1827 ; April, 1834 ; and June, 1834. The parties in the present suit, which was an amicable one, and only brought to obtain the opinion of the Court, were' on one side, two executors of the will of 1827, and on the other two executors of the will of June, 1834. Every one of these documents, up to the date of 1827 inclusive, was very carefully and regularly executed ; the paper bearing date the 20th April, 1834, was not an executed paper, but in default of execution, contained the following memo randum :—" This, in case of my death, is to be taken for, and is, my last will, which, however, I intend to write out fair when I have time and leisure." And the last paper of June, 1834, the paper propounded in this cause, was the fair copy above alluded to, but entirely unexecuted and in complete. The personal property amounted to 30,0001., and the realty to 5001. An allegation was now given in on behalf of the will of June, 1834. Dr. ADDAISS for the executors of the will of 1827, op posed the admission of the allegation. Dr. LUSHINGTON supported the allegation. Would the Court decree an assignation to the pal'ties to declare whe ther they propounded the will of April, 1834 ? The Court consented, and an assignation was decreed ac cordingly. same BAKER V. BATT. In this case Susannah Baker died on the 21st of April, 1834, and the question arose as to the validity of a will propounded by her husband, with whom she intermarried on the 19th of July, 1833, being at that time the widow of a person of the name of Phillips, who had kept a public house in Blandford-street, which, after his death, was car ried on by the second husband, Mr. Baker. The whole property was 5,0001., one-half of which was reserved to the wife by a deed Qf settlement executed on her second mar riage ; and the only next of kin was Mr. James Batt, the opposing party in this case, who was the Only legitimate nephew of the deceased. Dr. ADDAMS on behalf of Mr. Baker, the husband, con tended, from the evidence both on the one side and the other, that this will was proved by the testimony of two wit nesses of the most unimpeachable credit, that the deceased at the time of its execution was of perfectly sound mind ; - that she was fully aware and cognizant of its contents ; and that there was every probability, from her proved dislike of dying intestate, in favour of the paper propounded. The KING'S ADVOCATE trusted that the Court, instead of pronouncing for the will and condemning his party in costs, would pronounce against the will and condemn Mr. Baker in costs. Dr. Nicholl will be heard next Court day. INSOLVENT CO URT.-SATURDAY. Augustus Samuel Gougenhei►n, an interpreter and trans lator of languages, was heard upon his petition to be dis charged. An opposition had been entered by a creditor named Lane, but he did not make his appearance. The insolvent, an intelligent Frenchman, afforded much amusement to the Court by his volubility of tongue, his politeness, and smattering of law. He had no sooner been called, than he began by expressing his regret that the cre ditor did not oppose him ; he declared he had used every means to bring him to Court. CHIEF COMMISSIONER—Indeed ! your's is a very un usual regret.—( A laugh.) The Insolvent assured his Lordship such was the fact ; he had been oppressively treated, and had been an inmate of Horsemonger-lane gaol 12 months that very day. CHIEF Co➢iulISSIONER—Shall we send for him ? (Laughter.) The Insolvent had no objection. He then broke out into a long list of grievances : he had taken a house, paid rent, but not to the lawful owner, as he after wards discovered. CIIIEF CIJNIMISSIONER—Pray keep your anxious spirit still.—(Loud laughter.) . The Insolvent, however, proceeded with a description of his wrongs ; he bad remained in prison three Terms before the party declared against him, who gave notice of trial, and then countermanded the notice. Ah! remarked the Learned Commissioner, I see you are a bit of a lawyer.—(-Laughter.) Mr. Gougenheim—My Lord, your Honour, justice is very near to law.—(Roars of laughter.) CHIEF COMMISSIONER—You are perfectly right there. —(Continued laughter.) The Frenchman mentioned several law terms. The Commissioner again told him " he was a bit of a lawyer," and advised him to keep his ardent spirit down. He con tinued, and whenever be came to a technical phrase he said " You will now call me a bit of a lawyer." The COMMISSIONER told him he might have been dis charged ten months ago had he not been such a litigant spirit. The poor Frenchman urged his poverty and the adjourn ment of the Court. The COMMISSIONER proved to him that the Court had been open to him nearly all the year. No man need be a day in prison without making his applicati:in. The Learned Commissioner good naturedly told him he was glad to dis charge him, but would have had more pleasure in doing so ten months ago. He strongly advised him to eschew being a bit of a lawyer. The Frenchman - was all thanks, and made a Simpsonian bow. The case ended as it began—in laughter. POLICE IN TELLIGENCE. MANSION-HO USE. Ann Sparks, Caroline Ballam, and Ann Collins, the first servant to Mr. Barber, and the last two servants of Mr. Levine, of Bishopsgate-street, were brought up to be re examined. Mr. Osborne, the next-door neighbour of Mr. Levine, stated, in addition to his former evidence, that after the exa mination at the Justice Room a piece of burnt match was found in the room next to that in which the fire bad been on Wednsday night, near the foot of the bed, and that a hole was burnt in the coverlid and one of the blankets of the bed. Mr. Joseph A. Barber slept in the house. In conse quence of the two fires happening in the house he did not go to bed on the Wednesday night. He found upon exa mining the room next to that in which the bed was disco vered on fire, the burnt match. Ann Sparks had free access to the room. Mrs. Cripps had no idea of exciting a prejudice against Ann Collins, but she, to the best of her recollection, saw that prisoner near the room before she called Mr. Levine, or saw the policeman. Witness was herself greatly flurried. The LORD MAYOR said that no doubt the most deter mined efforts were made to destroy the house, but the evi dence was not of such a character as to justify him in com mitting either of the prisoners for trial. He should be ready 'to hear any evidence which might, on a future day, be brought forward in this most atrocious business. His Lordship asked the mistresses of the two girls in what manner they had conducted themselves, and was answered that there had been nothing to censure in their conduct. Both prisoners were discharged. A Mr. Bradfield complained to the Lord Mayor that the conduct of the coal-factors, in keeping the colliers in the Thames without unloading them, was the cause of the most tremendous obstruction, at the same time that it was a great prejudice to the consumers of coals, by keeping up the price of that important article. There were at present 150 colliers in the pool, waiting for the meters, and he hoped the Lord Mayor would exercise his authority on the subject, and direct that the bye-laws made by the Court of Aldermen should be attended to. The price of coals had been kept up three shillings a ton more than they ought to have been during the whole summer, on account of this course pursued by the factors. The loan Mivoa advised Mr. Bradfield to memorialise the Court of Aldermen, and his Lordship said that he would himself introduce the memorial to the Court. BOW-STREET. Thomas Robinson, a decent-looking young man, was charged with stealing three landscape paintings from the shop of Mr. Reynolds, in Mount-street, Grosvenor-square. He declined offering any defence, and was committed for trial. HATTON-GARDEN. Sir Chapman Marshall, one of the City Aldermen, at tended to prefer a charge against WM. Roach and John Collins, the drivers of the omnibusses 2,933 and 314. Mr. LAING sentenced them to a month's imprisonment, in default of paying a fine of .50s. each. MARLBOROUGB-STREET. Some shopkeepers in the parish of St. James, were sum moned by the police, on the authority of the parish officers, who have determined to suppress Sunday trading, for keep ing open their shops on Sunday, Mr. Davis, cigar and snuff-seller, Quadrant ; Mr. Marks, fruiterer, Regent-street ; and Mrs. Green, fruiterer, Glass house-street, were fined ss. and costs, for the above offence: It was intimated that the parish authorities mean to pro ceed, without reserve, against offenders. MAR YLEB ONE. For some time past the Tabernacle in Tottenham Court Road, built by Whitfield in 1753, has been the scene of indescribable confusion on various occasions during the hours of service, in consequence of a division among the trustees, which misunderstanding, arising out of some Chancery pro ceedings connected with the said building, has caused much ill-will and unfriendly feeling among some of the gentlemen into whose hands the management has now passed. An endeavour was some time since made, but without success, to oust unfairly a Minister of long standing from his situa tion ; and a clerk, named Cloughtman, residing in Great St. Leonard's, Shoreditch, has recently been put forward, in opposition to another person, named Ayres, who for some years has, exercised the duties of his calling with but very little interruption or molestation, until the 25th ult., when Mr. Cloughtman set himself up as a rival clerk, and impeded the progress of divine service by getting up in the table-pew, and giving out another hymn, before the one which the congregation were directed by Mr. Ayres to pay attention to and join in was completed. For this of fence under 52d Geo. 111., cap. 153, Mr. Cloughton was, about three weeks ago, summoned to this office, and held to bail to answer the charge at the sessions. The inter ruption, however, had since been repeated by Mr. C. and his followers, and accordingly he and six others were agai n summoned before the Magistrates. They appeared Sa• turday, Mr. Phillips the barrister, acting for the cotnplagi ing party (Ayres) and Mr. Adolphus for the defence. TO cases only out of the whole number were heard, a long discussion between the Learned Gentlemen na med and the Magistrate, it was ultimately arranged tha t the matter should stand over for a week, in order that the whole of the parties might, in the meantime, have an opP or i tunity of consulting as to the best means of putting an e' to this disgraceful proceeding. and after LAMBETH-STREET. A young female, aged 18, was charged by her mother with plundering her, for the tenth time. The MAGISTRATES were for committing her for VI but her mother having expressed her dislike to trans Port her own child, she was committed to the House of Correa' tion for three months. THE WOOLLEN TRADE. (From the Leeds Mercury.) LEEDS.—There has been less business done at the-Cloth Hall this week than for some time past ; but although such has been the case in the market, there are, notsvid y. standing, more goods making to order than for some Yel past at this season. In consequence of the advanced pe rt° of the season, there are but few buyers of finished goods a t the market, and less business has been done at the wa re ; houses this week than for some time ; the stock both balk and finished goods is, however, low, and a fair prospl of good employment for the manufacturers presents itle for the winter. BRADFORD, Noy. 12.—The demand for all descriptions of goods, especially for six-quarter merinos of all qualities, for figured ditto, for superior - double twills, and for SaV 4 cloths, continues unabated, and the quantity brought t ° market is by no means commensurate. Under such ci f ', cumstances it is hardly necessary to add that prices conti nue firm.. We have not to report any material alteration in the yarn market from what it has been for some weeks Pay, i ; A fair stroke of business has been doing during the W ilu s' in the wool market., without any alteration in prices. y" tiny wool is in particular good demand. HALIFAX, Nov. 12.—The business done in pieces 10 been equal to that of last Saturday, and prices are verl d firm. Manufacturers have seldom had a more steady ti t) more remunerating trade, or operatives better wages, 11 they have at present, which is producing a very benefi e _„, effect oh both parties, and showing that complaints ale „ algirays the order of the day with them. Long virtu). is 1 " good demand, and wethers are about ss. per pack Wie r; but other kinds remain stationary. The lasting is at pre: sent very active, and taking the lead or other fabrics, s ` l much so that spinners are running their machinery extra hours, and many of them both day and night, in order t° meet the great demand for yarns. RociwALE, Nov. 12.—The market to-day was as brit as ever ; all sorts of flannels were soon bought up, IT grey and dyed goods were also in good request ; the O s mand for flannels were greater than the supply ; Pri ce er were the same as last week. The wool market was rat dull, yet prices were stationary. - INSOLVENT DEBTORS' COURT• The Matters of the Petitions and Schedules of the Prisoner! hereinafter named (the same having been filed in the Car t y are appointed to be heard at the Court-house, in Portug 5 street, Lincoln's Inn-fields, on Thursday, Nov. 19, 183 at Nine o'clock in the Forenoon. Tasman, I'., George-street, Mansion-house, trunk. maker. Straw, E., Kingsland-road, baker. Whitbread, W., King-street, Soho, schoolmaster. Fletcher, J., Ettingshall, Sedgley, Staffordshire, mister. Triggs, 11., Duncan-terrace, City-road, copper-plate printir. Clarke, G., Canterbury-place, Lambeth, cook agent. Williamson, J., Castle-street East, Oxford-street, tailor. Rickarby, W., Regent-circus, Oxford-street, furrier. Knight, J., Portland Cottage, Trafalgar-lane, Kentish-tone, journeyman harness-maker. Richardson, W., Chelsea-market, Sloane-street, Chelsea, Quar te master-Sergeant in the Royal Military Asylum, Chelsea. e , Maynard, W., Great York-mews, Baker-street, Portman-squ' ostler. Laurence, E., Wellington-place, Stepney, gentleman. The excessive drought of the last summer f a voure ci in a remarkable manner the growth of some of the fru i t , ; of the earth. At Gussignies, near Bavai, there is ado moment shown a pumpkin, having a circumference of seven feet, and weighing 161 lbs. Near Cambray also there Are potatoes which weigh nearly 15 lbs. a piece: a STEAM-BOAT ACClDENT.—Saturday an adjourne inquest was held on the body of William Ibbott, who leas killed in the Thames on the 17th ult., in consequence of collision with the John Bull steamer and a‘barge belongl to the father of the deceased. A Coroner's Jury "'- summoned at -It otherhithe, before Mr. Carttar, the Coron er for the county of Surrey, when several witnesses were et mined. When the collision took place, the mast of the barge fell by the board, and struck the deceased o n the heel, and killed him on the spot ; but, owing to the Gott flicting evidence of the witnesses on both sides, it was 11°. satisfactorily ascertained whether the deceased lost his 16 by mere accident, or through any carelessness, either the part of the persons on board the barge or the steal packet. A difference of opinion prevailed amongst ti; f Jurymen. Nine of them were for returning a v erdict , accidental death, with a deodand of from 1001. to o ° ,;,„'i the other three Jurymen were inclined to return a verw of manslaughter, and one of this party declared that 11°' thing should induce him to change his opinion. In color quence of this the Coroner discharged the Jury, and 't e e dared that he should not call another. The friends of ye deceased, however, afterwards, prevailed upon the Cell e to summon another Jury, who met last Thursday at t ip Hero of Waterloo, Waterloo-road, Lambeth, but the evidence they received was that of John Billings, vi merely identified the body, which had been interred i rch ° brick vault, no earth having been thrown over it. Jury also viewed the body, and evidence was taken of P r b , cisely a similar character to what has already been V' fished as being given on former inquiries into the ° 3 1 6 unfortunate accident. After sitting for several hours , t inquest adjourned to Saturday. On Saturday the Jurri again met, and after a consultation of about half an both the Foreman said, " We return a verdict of Accide p 0 Death, with a deodand on the John Bull steamer of o n hundred pounds." (ADVERTISEMENT.)—PLATED HASH DISK 0 b with strong silver edges and handles. A set of four Pie - . a v 1 ,0 89 6 Dishes and Covers are offered for Ten Guineas. The handle s off the Covers, so as to form eight Dishes when required. 41 T. COX SAVORY'S, Working Silversmith and Jeweller/ Cornhill, London. leet ed N.B. A variety of Second-hand Silver Watches may be se from, all at Two Guineas each, warranted. or s4.I•P DIED. On the 18th inst., in Salisbury-square, Joseph Bonsai*, Polesden, Surrey, aged 67. brige On the 26th of September, at Florence, Mr. William neln,ige' formerly a partner in the house of M'Dougull, Son, and Bain' r solicitors, Pa r liament- s treet, L on don. ie On the Bth inst., at Cha3e-side, Enfield, John Stable, his 85th year. " g r ' On the 11th inst., in Clarence-place, Stepney, aged 6 -'o,le George William Taylor, formerly of the Broadway, Stra ti° Bow. teti 4l On the 12th inst., Mary Ann, wife of Mary Harwood Au g of Laurence Pountr,ey-lane, London. • 5 s tll On the 11th inst., in London-street, Fitzroy-square, in hi year, the Rev. William Betton.Champneys. ris e On the 4th of October, at Paris, three weeks after her "l i ei of rapid and violent inflammation, Which she bore with aelevrife ° f tience, Moline O'Bryen, the amiable and dleiily beloYed fe cti°l George Huntly Gordon, Esq., in her 21st year, and the Pe r ,P . ..: of her exquisite loveliness. " Ali! puellarum ellegantiesir na t caw Fiore venustatis abrepta—Vale !—lleu! quanta minus es reliquis versari, quam tui meminisse." Lately, Mrs. Clarke, of Laurieknowe, aged 97. net, On the 20th ult., at Strathmiglo, the Rev. George Ben nister of that parish, in - his 85th year. At Carlisle, Mrs. Isabella Nixon, aged 88. On the sth inst., at Thornhill, near Bray, William Nirestbft aged 84. Jo hn Lately, at Kilmore, aged 85, Priscilla, relict of the lat e Hutton, Esq., of Kilmos e, county of Dublin - - of London : Printed wild Published by MURDO YOUNG , - o ot , 112, Strand, at The Sun Office, No. 11'2, Strand, in e c of Middlesex. L °' 1 Notice Bankers CO) izirnA The s ceipt s for tract, am Messrs. G" Notice PAN'y , ILovembe 'TRACT SONRy in the Pa sez, Al! Embank n the said Plana a at th e Of *Mee, Ha Sealed No• 17, "Taber ; rember, The D lowest tei Londo r Gii - 4 , J_ohn A Peter 1 Angus Adarn Junes . ~~~I,EE Prosp e Samuel 1 tu whop 13 " t paid The SI Must be I Shares. From t eusary to tee, there e !ived aft The R C °., No. 7th No tLo lli h- Ilford : R Kelvedom tutee of r Surolk, Sir n o Renry John Freder Rev. J Charlew. . C. Captaii Laois 1 Th emo Lord C Bankers- ' gillieitors Zn:i n eer APlie oecretpari Prom; at the 6 taaier IR , J and Grea the Aletr mcdi, S.arntic John Freda J. C. W. D. Thom ; WiMal 134 NzEit Notice ` 4 rt,,ki nl th Priation ice E LON C \VIII Additior A Ft at th e a tkiees Lon& Isz SC( 0 . AI 4_ 11 " cc the Fir e 1 r ea rs et iterati( b Thi s i 'a lp b t ! th s .11 1- ded ,_ 4 te - . g ~SOl b ite ASI gittr RTHS. On the 13th inst., in Cur BI zon-street, the Lady Ernest Bsia ene Bruce, of a daughter. Bade On the 14th inst., the lady of Charles Lane, Esq., of - more, Oxfordshire, of a son. tba On the 14th inst.; at Wembley-park, Middlesex, the lady Rev. J. E. Gray, of a daughter. MARRIED. Croft' On the 12th inst., the Rev. B. Banning, incumbent d Lancashire, to Helen Maria, eldest daughter of Henry C. Esq., Kenyon-house, in the same county. Jobs On the 13th ult., at St. Marylebone New Church, Mr• Th . e st• Richardson, to Rosina Edwards, daughter of Mrs. Sanders , dent-street, King's-square. m r ft• A i '; On the 31st ult. at St. George's, Hanover-square, -- • ow , Thorn, surgeon, of Shaftesbury-terrace, Pimlico, to Maria' daughter of Mr. Farrance, of Mount-street, Grosvenor-squar e irost On the 12th inst., at Bulmer, by the Rev. Ffoote Gower, of Great Totham, Essex, Charles Ffoote Gower, Esq., of r r feer to Sarah, second daughter of David Badham, Esq., of the / 0 place. bee.° On the 11th inst., at Christchurch, the ceremony having, h ohd previously peribrmed according to the rites of the Roman Car s i ti tt Church, William Henry Dease, Esq., second son of the late J.difl Dease, Esq., of Turbots-town, Westmeath, and nephew o f the it To, of Fingall, to Frances Maria, only child o f the late Thomas D e Esq., of Madras. Esq . ' On the 10th ult., at Baden, Frederick Fitzallan to Julia Francois Trevors, daughter of Colonel B. Trevors. ik f o r On the 31st ult., at Strabane, John M'Caffrey, Esq., t ° ,,,, 0 10 garet, relict of the late Neal M'Gurk, Esq. The bride ttef 96 years of age, and the happy "fair" one 93. Each of the _,"" has been six times married. `~:~~.