The Sun. — London, England, 1848-02-01 00:00:00

~` I f ROYAL VkALIAN OPERA, COVE-NT -GARDEN THEATRE, Established iu 1847 for the purpose of rendering a more perfect per formance of the lyric drama than had hitherto been attained in this country. The Nobility, entry, Subscribers, and Patrons of Music are re spectfully infonnod that the SENSON (1843) will COMMENCE the first week in March, in the new and commodious egiiice constructed lea year. or - ERA. For the production of the established works by the great masters of every school, for the effective representation of the repertoire of se venteen Operas mounted last season, and of compositions to be heard for the first time in this country, engagements have been already made with the following eminent artistes : PRIMI SOPRANI. Mde. Grist, and Mde. Persiani, Mde. Ronconi, Mdlle. Steffanini, and mdo. Casten.= (her first appearance), mg ) . carbEtri. Mdlle. Anglolina Zola (of the Scala in Milan, her first appearance in this country), and We. raullia - e Garcia Viardot (her first appearance). CONTRALTO. Mademoiselle Alboni. TENORI. Signor Mario, and Signor Rev!, swipe lovem. Signor Luigi Mel (teem Scala, his first appearance In this country), and N. Roger (of the .A.cademie Royale de Musique, and of the Opera Comique, is Paris, his first appearance in this country). PRIMI BASSI BARITONI. Signor Tamburini and Signor Ronconi. PRIMI BASSI PROFO.NDI. Signor Marini. (The ratification of the engagement of Signor Cor rack-Setif, the celebrated basso, is daily expected). BASSO COMICO. Signor Agostino Revere. ALTRI PRIMI BASSI. Signor Taglialleo and Signor Polonini. Cceondo Tenure—Signor Soldi (from the Scala). Director of the Music, Composer, and Conductor—Mr. Costa. The Orchestra, comprising the distinguished professors of last season, will be increased by additional artistes ; the names of the instrumentalists forming the entire orchestra will be published tn_a Ware prospectus. The Military Band, which has also been increased, will be under the direction of Mr. Godfrey, band-master of the Coldstream* Guards. The powerfhl and numerons Chorus of last year will be further strengthened by 24 chosen and experienced singers, and will number 92 voices—namely, 40 ladies, and 52 male voices. Chorus Master — Signor Boneen.siglio. Poet and Translator of the Libretti —Signor Maggioni. Prompter--Signor Monterasi. THE BALLET. The rule which gave such satisfaction to the musical public last season, that no divertissement should be suffered between the acts of operas, will be strictly adhered to. The performances will terminate with a ballet. During the season the following eminent danseuses will appear : Mde. Flora Fabbri (her first appearance), Mdlle. Leopoldine Brussl (premiere danaeuse of the Mlmperi aldlle.E Theatre in Vienna, iere her first appearance in this country), liza beth Robert (prem danseuse of the Academie Royale de Musique in Paris, her first ap pearance in this country), Mdlle. Camille (her first appearance for four years), Mdlle. Thierry, of the Fenice, in Venice (her first ap pearance in this country), skill,. Langher, of the Scala (her first ap pearance in this country), 3Lille. Celest Stephan, Mdlle. Vonore (her first appearance), and Mdlle. Lucile Grahn (her first appearance). M. bilvain and M. Bretin (their first appearances), M. Gontie, &c., and a numerous body of Coryphees, Promineuses and Figurantes. Maitre de Ballet—M. Appiani (from the principal theatres in Italy, France, and Belgium). Regleseur do la Danse—M. O' Bryan. Leader of the Ballet—M. Alfred Mellon. Composer—Signor Beletta. The scenery by Messrs. Grieve and Telbin. Premiere Artiste Cos tiuniere—Mrs. E. Bailey. Engagements are pending with other distinguished artistes for opera and ballet. A detailed Prospectus, with the arrangements for the season, will be ready in a few days, and may then be obtained at the Box-office (corner of Bow-street and Hart-street), and at the principal libraries and music publishers. Royal Italian Opera, Covent-garden, Jan. 22, 1848. THEATRE ROYAL, HAYMARKET. Un ler the Management of Mr. B. Webster. sole Lessee. Will be rerformad Sheridan's Comedy of THE RIVALS. Sir Ai thony Absolute, Mr. Farren ; Captain Absolute, Mr. H Farren ; Faulkland, Mr. Creswick ; Acres, , i r, Webster; sir Lucius CfTrig. ger, Mr. Hudson; Fag, Mr. Itrindal ; David, Mr. Keeley; Mrs. Malaprop, Mrs• Glover Lydia Languish, Mrs. Nisbett ; Julia, Miss 7orteseue; Lucy, Mrs. Humby. THIS EVENIICG After which, a new Farce, called DEAREST ELIZABETH. Mr. Lionel Lax, Mr. Keeley ; Mr. Winch, Mr. Rogers ; Betsy, Mrs. ILeeley. To conclude with a New and Original Burlesque Spectacle entitled THII WORLD UNDERGROUND; or, the Golden flute and the Brazen Waters. *age Manager, Mr. Farren; Acting Manager, Mr. F. Webster. _ J. T. Archer, Box-bock keeper. Boxes, ss. ; Pit, 3a. ; Gallery, 2s. ; Upper Gallery, h. lbw's spin at ilalf-past six, Performance to commence at Seven, THEATRE ROYAL, ADELPIII. Under the direction o; Madame Celeste. THIS EVENING W 1 be presented an entirely new Piece, entitled the PEAML OF TR OCEAN ; 6r, the Prince and the Mermaiden. Principal cha racters by Messrs. Waye, P. Bedford, Wright, Munyard, Glennaire, Cullenferd. and Worrell ; Miss Woolgar, Miss Emma 'larding, Miss Alen Chaplin, Mrs. Laws, and Madame Celeste. Te be tailored by a new and original Farce, entitled OUR NA TIONAL DEFENCES ; or, the Cockshot Yeomanry. Principal characters by Messrs. Lambert, Wright, P. Bedford, Sanders ; Ma dame Celeste, Miss Emma Harding, Mrs. Laws, and Miss Woolgar. To conclude with a new Farce entitled TUE TIPPERARY LE , Tarnem Green. Mr. Wright; Bob Gills, Mr. Munyard Isanty 6crimmage, Mr. Paul Bedford ; Chubblock, Mr. Cullenford Policeman. Mr. Sanders ; Lizzy Chubblock, Mies Woolgar. Boxes, 4s. ' • Pit, 2s. ; Gallery, Is. Poen open at Half-past Six, Performance to commence at Seven ROYAL LYCEUM TIFEATRE. Under the N anagement of Madame Vestris. Sole Lessee, Mr. Charles Mathews. THIS EVENING Will be performed A CURIOUS CASE. Characters by Messrs. C. Mathews, L. Murray, Parselle, Hormel', Hughes, and Mrs. Stirling. After which, a New Fairy Extravaganza, entitled THE GOLDEN BRANCH. Principal characters by Messrs. H. Hall, Harley, Ker ridge, Madame Vestris, Miss K. Fitzwilliam, and Mrs. Macnamara. To conclude with a Romance of Real Life, called BOX and COX. Principal characters by Mr. Harley, Mr. Buckstone, and Mrs. Mac. wunara,. Dress Boxes, 53.; Upper Boxes, 4s. ; Pit, 2e. ; Gallery, Is. No salt--price to any part of the house. The rew Box-office, No. 2, Wellington-street, is •pen to the Public every day, from Ten till Six. The Interior of the House has been entirely re-designed by Mr. W. Bradwell of the Cclosseum. FRENCH PLAYS.—ST. JAMES'S THEATRE. Lessee, Mr. John /Mitchell, 33, Old Bond-street. ANTIGONE.—LAST PERFORMANCE. MORNING PERFORMANCE. Mr. Mitchell respectfully announces that the celebrated lyrical tragedy of ANTIGONE, from the Greek of Sop.hocles, with the en tire music of the illustrious composer Mendelssoini, will be performed for the last time at ST. JAMES'S TIIEATRE, Ye-MORROW NORNING (WEDNESDAY), Feb. 2, Commencing precisely at half-past Two o'clock, and terminating befoie Five. Distribution of the Characters.—Creon, 31. Bocage, as originally performed by him at the Theatre de l'Odcon, Paris, and by wham the Mise en Scene at this theatre will be conducted ; Hemon, M. Fech ter ; Tiresias, M. Lemonier ; Le Garde, M. St. Marie ; Le Coryphee, M. Henri Alix ; Antigone, Mine. Itabut Pechter ; Ismene, Mdlle. Baptiste ; Eurydice, Mdlle. Berthe. Previous to the Play anu the Music of Antigone, the Orchestra will perfor u the Overture, Scherzo, Nocturne, and March, from Men delssohn's Music to Shakspeare's Play of the Midsummer Night's Dream. Director of the Music, Mr. Lucas, in the absence M. Jules Benedict, who is compelled to fulfil an engagement at Stuttgard. For the efficient performance of this celebrated composition the following professors have been expressly engaged, and will consti tute the orchestra :—First Violins—Messrs. Burotte, Deloffre, News ham, Mellon, Thirlwall, Brown, Goffrie, and Morris. Second Violins—Messrs. Ella, Payton, Zerbini, Newsliam, jun., Elsmore, and Watson. Tenors—Messrs. Lyon, Glanville, Weslake, and H. Blagrove. Violencellos —Messrs. Lucas, Pilet, L. Phillips, and Guest. Double Basses—Messrs. Howell, Campanile, Severn, and Griffiths. Flutes—Messrs. ltlbas and King. Oboes—Messrs. G. Cooke and Nicholson. Clarionettes—Messrs. 'loose and 3faycock. Corni—Messrs. Charles Harper and Callcott. Bassoons—Messrs. Larkin and Winterbottom. Trumpets—Messrs. Thomas Harper and Handley. Trombones—Messrs. Smithies, ilea'ey, and Winterbot tom. Drums—Mr. Chipp. Harp—Mr. T. Wright. Conductor — Mr. Lucas. _ . N.B. A numerous and powerful chorus has 9130 been engaged under the superintendence of Mr. Grice and Mr. Lee. A new scene has been painted for the subject by Mr. Muir and assistants, Boxes, stalls, tickets, and season prospectuses, may be had at Mr. lIITC4.ELL'S Royal Library, 33, Old L'oud•street. Boxes, 6s. ; Pit, 3s. Gd.; Amphitheatre, 3s. ; Gallery, 2s PRINCESS'S THEATRE. Mr. J. M. Maddox, solo Lessee and Manager, Duchess-street, Portland-place. Madame ANNA THILLON. THIS EVENING Will be presented a new and original Operetta, entitled The YOUNG GLIA.RD. Tian Guzman, Mr. Bodda ; Don Alvarez, Mr. Barker ; Donna Olmpia, MIAs Sara Flower ; Estella, Mrdame Anna Whalott. . _ After whit*, a new combo Drama, called MY SISTER'S SECRET. To be followed by a now Comic Piece, entitled Tim SULTANA. iymaa, Mr. Ryder ; Osinyn, Mr. Compto n ; T usep h, M r . H enry ; ota.lana, Madame Anna Thillon ; Elmira, Ills' Vinare ; Ismena, MLee Hodson. To conclude with a new Christmas Pantomime, witted OLD FATIIIEt: TIMID; or, Harlequin and the Four Seasons. Dress Circle, !lo.: Boxes, 45.; Pit, 2s. ; Gallery, Is. ICOYAL SURREY THEATRE. Lessee, Mn. F. Davidge, No. I, Davidge-terrace, Kensington-road, Surrey. Under the Management of Mr. Bunn. TIIIS EVENLNG, the performances will commence with the talebrated Opera of THE DAUGHTER OF TILE RE6IMENT. • Characters by Messrs. H. Phillips, King, Ilorucastle, Rafter, Att wood. M'Mahen, ani Miss Poole. To conclude with a new Pantomime, entitled BATTLEDOOR and SHUTTLECOCK ; or, Harlequin Trap, Bat, and Sall. A distinct entrance to the private boxes has been made (which have been re-fitted). Private boxes may be had nightly of all the principal Librarians ; and at the Box-otlize of the Theatre, which is open daily from Ten until Four. Boxes, 2s. ; Pit, Is.; Gallery, 6d. ROYAL VICTORIA THEATRE. THIS EVENING Will be performed JAITEEYIIF.;Or, the Secrets of Thorntleld Manor. Principal characters by Messrs. Hicks, Dale, Searle, nig gie, Forman Miss Vincent, Mrs. G. Lee, and Miss Burronghelitfe. To conclude with the grand scholastle and instructive Pantomime, entitled TIIE WORLD OF WONDERS; or, Harlequin Caxton and the Origin of Printing, with wonderful scenery and decorative ap pointments. Clown, Mr. Paul Herring ; Pantaloon, Mr. Morelli ; Harlequin, M. Lupino ; Sprite, Signor Molino; Columbine, Mdlle. Lntilli. Boxes, Is. ; Pit, ca.; Gallery, 4d. No Ilalf-price to any part of the house. Doors open at Six, to commence at Etalf-past Six. ASTLEY'a ROYAL AMPHITHEATRE, Proprietor and Manager, Mr. William Batty. Mr. Batty's performing Elephants. THIS EVENING, The °road Srectacle of THE CAMP OF SILESIA. Entirely new Scetioi in the Arena, by the talented Artistes of the 4:lstablishrnent , in the various modes of equestration. To conclude with a Grand Equestrian Comic Pantomime entitled HARLEQUI.N. DOCTOR SYNTAX AND lIIS DAPPER GREY MA RE, in which those popular artistes Herr Dentin, Iddße. Theo dote, Mr. And erson, and Mr. Bradbury, as H ar l equ i n . C o l um bi ne , Clown, and Pantaloon, which will exceed in splendour and effect Box-office open from 11 till 5 at tom& productions at the Amphitheatre, _ .Aetlng and stag© Manager. Mr. W Wait. AWFUL STEAM-BOAT EXPLOSION IN AMERICA.— We have to record another startling calamity on our river. Tho steamer A. N. Johnson, bound from this place to Wheeling, blew up yesterday, with a tremendous explosion, near Maysville, Kentucky, from some un ascertained defect in her machinery. By this casualty between 60 and 70 persons were killed, by scalding, fire, or drowning, and a very large number scalded, of whom some 30 are so horribly injured that their recovery is doubtful. So rapid was the progress of the flames atter the explosion, and so complete the devastation, that hardly an effort could bo made for self-preservation. The boat was soon in one sheet of lire and burned to the water's edge. The number of passengers on board the A. N. Johnson when this appalling accident occurred was 160, not more than one quarter of whom escapcd injury. So dreadful an accident has rarely, it ever, occurred cn the Ohio. The list of killed and wounded i s as yet of course very incomplete, and, as in most cases of the kind, there were probably many individuals on board whose names will be ever unknown. The occur rence, as may be presumed, has occasioned great excite ment and deep sympathy here. Persons in the vicinity of the disaster did a ll in huma n power to relieve the sufferers, but so awfully sudden was the occurrence that nearly every effort was fruitless.— Cincinnati Paper. LA:Orb:IL, MONDAY.—The royal mail steam-ship .11ibernitrc-Captain Shannon, sailed yesterday for Halifhx.and,slew York, with the usual mails and a large number of inis,4engers. Her sailing day was Saturday, but she was dejained by Admiralty order, to afford time for onsiverins'advices received by the Caledonia. •1 1 J NOTICE—LIEUT. F. E. FORBES'S (Commander of H.M.S. Bouetta) WORK, FIVE YEARS IN CHINA, From 1842 to 1847, IS PUBLISHED TIIIS And may be had of all Booksellers throughout the United Kingdom, in Bvo., with a highly finished Portrait of the Empress of China, and numerous Wood Engravings. 15s. bound. Richard Bentley, New Burlington-street, (Publisher In Ordinary to her Majesty). Now ready, In 2 vols.. with Portrait, 21s. bound, REMINISCENCES OF PRINCE TALLEYRAND, With EXTRACTS FROM lIIS POLITICAL. WRITINGS. Henry Colburu, PubiLsher, 13, Great Marlborough-street. Now ready, Part 111., price 2s. 6d., with Portraits, and a Map, completing the work, STORY OF THE PENINSULAR WAR, A Companion Volume to THE STORY OF WATERLOO. Henry Colburn, Publisher, 13, Great Marlborough-street. THE GREAT NORTHERN RAILWAY. (Incorporated 9 and 10 Vic., cap. 71, 26th June, 1846.) NOTICE of CALL THIS DAY made, of 21. 10s. per Share, making a total of 131. per Share called up. TO THE SHAREHOLDERS. Notice is hereby given, that the Directors have This Day made a Call of 21. las. (Two Pounds Ten Shillings) per Share upon the whole of the Shares composing the Capital of the Company, being in number 224,000 Shares, and numbered 1 to 224,000 ; and that the said Call is required to he paid on or before TUE3DAS, 29th day of February instant, to one or other of the Company's Bankers, viz. : The Union Bank of London, Princes-street, Mansion House, one of the Company's London Bankers. Messrs. Smith, Ellison, and Co., Lincoln. Messrs. Beckett and Co., Leeds. Messrs. Swann and Co., York. Messrs. Moss and Co., Liverpool. Messrs. Jones, Loyd, and Co., Manchester. The British Linen Company, Scotland. A Call Letter, with full instructions, will bCsent to each Proprie tor, showing the amount to be paid on his or her particular Shares. The attention of Shareholders is particularly directed to the Com pany's Act, Sec. 8, and to the " Hallway Clauses Consolidation Act" 1845, Cap. 16, Sees. 23 and 113, to the effect that if such Call be not paid on or before the dates fixed for the payment thereof, Interest thereon at the rate of 5 per cent. will be charged so long as such Call remains unpaid, and the Interest not only on those Shares but on ALL OTHERS which the Proprietor may hold in the Company will not acerae, will be forfeited, from that day until such Call in ar rear and Interest thereon be paid. Observe—This Call does not apply to London and York Extension Shares, either in Scrip, or Registered and Consolidated. Parties who have made payments in advance of Calls, are to dis regard this Notice. Transfers of Shares cannot be registered after this date, unless this Call be previously paid, and cannot under any circumstances be registered from the 10th to the 25th instant, daring which time the Books will be Closed, preparatory to the I calf-yearly General Meet ing of the Shareholders, to take place at the Albion Tavern, Alders gate-street, at Twelve o'clock on Thursday, the 24th day of February instant. By order, J. R. MOWATT, Secretary Company's Offices, 14, Moorgate-street, London, February I, 1848. LANCASHIRE & YORKSHIRE RAILWAY. PRESTON and WYRE RAILWAY, 11.111.11011 R, and DOCK COMPANY. Notice is hereby given, that the BOOKS in which Transfers of Shares in the Preston and Wyre RailwAy. Harbour, and Dock Com pany are Registered, will be CLOSEIS from and after Monday, the 14th February, to and inclusive of Weduesday, the Ist March, 1848 By order, JOHN S. HERON, Secretary, Manchester, January 27, 1848. N G OF PA RL IAMENT .i 1 WEATHER—SON OFFICE, FEB. 1. FIIMIIIIODIBTEB, Loweat, 28 ; Highest, 34 ; Noon, 32, BARONZTER, 29 93. WIND N.W. by N.; fine clear frosty weather. til, ;1i WATER AT LONDON-BRIDGE THIS DAY. M.9rnin7... 35 minutes after 10. 1 Evening .. 16 minutes titer ir E g 'l 9 ri establish upon a firm basis the independence of Spain, instead of converting her into a fron tier province of the French Monarchy. The increasing ill•health of the Queen of SPAIN, and the pains that are taken to increase her tendency to dieease, seem to render . it probable that the day is not far distant when Spain will again become the theatre of a war of succession—a war in which the parties will meet upon much more equal terms than they ever did during the late Carlist contest, inasmuch is the quadruple treaty is at an end, and the French candidate for the throne can no longer count upon the active assistance of England. Public attention has recently been directed to the system under which public prosecutions, or rather, we should say, what ought to be public prosecutions, are conducted in this country. We have recently seen, at the Central Criminal ,Court, two persons charged with the commission of the most serious offence known to the law, placed upon their trial, without any counsel previously instructed appearing to conduct the case against them. Justice, however, was satisfied; the majesty of the law was vindicated. A learned gentleman who was accidently present in court, and who, at the solicitation of the presiding judge, examined the several witnesses, elicited the material facts necessary to warrant a conviction, and a verdict of guilty was obtained against the murderers one of whom has since expiated his crime by an igno minious death. A great chance of escape was, however, afforded to the offenders, and a general feeling was ex cited that such an occurrence should not again be per mitted to take place, but that every important case should be conducted by public prosecutors, and that, for the future the aggrieved party, who may suffer either in purse or person, should not have his in• juries increased by being compelled to expend a considerable sum of money in protecting the interests of society. Nor should the guilty man be permitted to escape the punishment due to his crimes through the negligence or poverty of his victim. Another case has materially strengthened this feel ing. A trader in this city had been induced to part with his property through the deep laid machinations of a gang of swindlers. His loss was a heavy one, but he did not remain inactive or supine. The moment his suspicions were awakened, and he became fully aware of the nature of the conspiracy against him, he fol lowed up the case with a zeal and energy which few persons could have exhibited. His exertions were not thrown away. He traced out the various acts of the swindlers, exposed their different schemes, and got up an overwhelming case against them. Propo sals were then made which would have been readily accepted by those who regarded their own pecuniary interests more than the public benefit. The value of the property obtained, together with all the expenses incurred in his investigations, would be paid forth with, if he would connive at the escape of the persons by whom he had been defrauded ; but in vain. The upright and high-minded man spurned the sugges tion. He knew that a determined perseverance of his charge was essential to the protection of trade and of his brother tradesmen from similar frauds. He followed up the prosecution with the greatest vigour and efficiency, and succeeded in ob taining a conviction of the principal offenders, who had previously plundered his fellow-citizens to an enormous amount. And what was the result ? What reward was bestowed upon him by a grateful community ? His original loss was more than trebled ! The costs of the prosecution amounted to many hundred pounds, and, although his conduct was universally applauded, he had to defray the whole of these costs out of his own pocket, and furnished another proof of the truth of the assertion that it is much better to put up with the first loss than seek to bring the criminals to justice. The cases to which we have alluded of the possible escape of the murderers of Mr. BELLORAMDERS, and the fraud on Mr. GRAY, must lead to the introduc tion of a better system, more analagous to the manner in which prosecutions are conducted in Scotland, to which we have already repeatedly directed the public attention. But, while we are thus anxious to see that no loop hole should be left through which criminals may evade justice, there is another defect in the admini stration of the law that should not be lost sight of. Many innocent persons have been unjustly charged, and we regret to say, unjustly convicted, from want of means to bring forward the necessary witnesses for their defence, or to present that defence properly to the court and jury. There may be a strong prima facie case against a poor and igno rant man, which he may be wholly unable to rebut by his own unassisted exertions, and he may also be unable to provide the funds necessary to obtain pro fessional assistance. The law presumes every man to be innocent until his guilt is proved, but he is subjected to a very unequal contest before he can make that innocence apparent. It is the humane principle of our criminal code " that it is better that ninety-nine guilty men should escape than that one innocent man should be unjustly convicted." And yet is that principle practically acted en ? Generally speaking—for the cases of defects in the prosecution form the exception rather than the rule—the chances are very much against the prisoner if he happens to boa person in humble life, and unable to fee counsel to act on his behalf. A practised and able barrister is usu ally retained against him, who, being instructed by a private individual, and not by the Crown, seeks rather to obtain a verdict than to further the ends of justice. Allegations are made which might be refuted if he were placed on equal terms with his opponents; but such is not the case. Poor HOOD somewhere depicted such a trial as a few legal gentlemen throwing "the lasso" over the neck of the unhappy wretch, who vainly endeavours to fly from the fatal cord; and there was unhappily too much truth in the illustra tion. It is in the spirit of the repealed law, which forbade the assistance of counsel to a person accused of felony. True it is that the exertions of Mr. EWAIT and other legal reformers removed that blot from our statute-book, that stain from our cri minal jurisprudence. But, although it is so removed in theory, does it not still practically exist in the great majority of eases that are brought before our tribunals ? How often do we read of prisoners being undefended, when charged with the most serious offences, involving, if not the life, at least the liberty of the accused party, and his perpetual banish ment from his home and friends to the horrors of a penal colony. If the humanity of the presiding Judge should even assign counsel to act for the tra verser, such counsel is wholly uninstructed, and the etiquette of his profession prevents him from holding a conference with the defendant, or learning from his own lips the real facts of the case. He may possibly succeed, but the chances are most undoubtedly fearfully against him. He is, probably, wholly unacquainted with the cir cumstances until he hears them detailed in evidence, and must trust to his ready wit, or to chance, to discover on what points that evidence is defective, or to elicit facts on the cross-examination which may weaken or upset the testimony of an opposing wit ness. Matters should not be suffered to remain in such a state. Every fair opportunity of proving his innocence should be afforded the person on his trial; and whenever his pecuniary resources did not enable him to obtain professional assistance •for himself, a counsel and attorney of competent skill and unim peached integrity should be provided to manage his defence. We should have not only public prosecutors, but public defenders, who should act in every case where the prisoner does not wish to select his own professional advisers. The Committee appointed by the Swiss Diet to draw up a reply to the note of the three Powers, have agreed upon a solemn protestation against any at tempt at foreign interference in the affairs of Swit zerland. Monsignor LUGUET, Bishop of Herebon, the new Papal Envoy to the Diet, has arrived at Lucerne; the former legate, who took such an active part in support of the Sonderbund, having been recalled. The canton of Schwyz has rejected the new constitution. Letters from Rome ,of the 21st ult., state that Cardinal ROFONDI, Legate of Ravenna, will succeed Cardinal FERRETTI as Secretary of State, and that the latter will go to Ravenna as legate. Madrid papers of the 25th ult. have arrived. The only news they contain is an announcement of the re-appearance of Carlist guerillas in Catalonia. MADRID BoLeA, 25.—The Three per Cents. • • 45A , ' 4 , 4 \ 4. 4 " s =I, • e - " s'egrAt"' -01"nY , R 0 ,- t CC. it, • THE THIRD EDITIONS "THE SUN" WILL CONTAIN, AS TJSITAL, THE LATEST PARLIAMENTARY INTELLIGENCE, AND ALL OTHER NEWS UP TO THE HOUR OF POST. Orders received by all Newsmen, and at the Sun office, 112, Strand. 1 0 ~` ~~~tflt LONDON, TUESDAY, FEBRUARY 1, 1848 The pamphlet of Don VICENTE DE PBREDA on the affairs of Spain, to which we made allusion in The Sun of yesterday, is a most remarkable produc tion, and proves how those politicians err who, in speculating on the future destinies of Spain, leave out of their calculation the effect of that Espanolismo, which is the peculiar characteristic of Spaniards. The author, be it remembered, is a Progresista, and, after going at considerable length into the history and present state of parties in Spain, he comes to the conclusion " that a Spanish Prince alone can assure the independence of the country, and that he alone, by uniting all Spaniards, can form a truly national " party." To form a na tional party, he argues that it is necessary to calm down all those animosities which have hitherto divided the sons of a common country, and to have a leader in whom all can trust, but whose success will not afford a triumph to any one of the existing parties over any other. That this leaner should be a Spanish Prince is obvious, as a Spanish Prince— and a Spanish Prince alone—can save Spain from becoming a province ; and he at last comes to the conclusion that the Count DB MONTEMOLIN is the only Prince who unites in his own person all the requisites for the head of the Spanish nation. He is a Prince of the Blood, of great talents, great courage, and undoubted integrity—he is no biget, no absolutist, but would, so argues Don VICENTE DE PEREDA, govern as a friend of justice and legal liberty, in which case one of the first acts of his reign would be to assemble the Cortes according to the ancient laws of the kingdom (which would give a much larger constituency than Spain at present enjoys), and leave to them to form a constitution in accordance with the wants and wishes of the age—a constitution which should be a reality, and not a miserable mockery, like the present one, under the cover of which innumerable illegalities are daily per petrated. Such a course of conduct would ensure for him the support of the Progresistas, and of all but the Afrancessado portion of the Moderados, while the Carlists would hail him as their legitimate sovereign. This, says Don VICENTE DE PEREDA, would be a restoration, not a reaction. The revolu tion against ESPARTERO was a true reaction, which has ended in the suppression of all con stitutional rights. The restoration of legitimacy would be the re-establishment of order, founded on the laws of the ancient constitutional monarchy, for the purpose of ensuring by them the secure and pro gressive march of improvement, which is the only practicable method of securing liberty. The author then proceeds to argue that the state of Spain is, in fact, analogous to the state of England at the death of CROMWELL ; and that, as in the case of England, so in that of Spain, a restoration must sooner or lett r follow. These senti ments, coming from a Progresista, are most remarkable, as showing the deep-rooted disgust and antipathy of the Spaniards for French interference. Before the Alontpensier marriage, any one who had hinted at a union between Progresistas and Carlists would have been considered as only fit to become an inmate of a lunatic asylum. Now, not only is such an union probable, but it may be almost considered as un fait accompli. In the Eco del Cumercio, there have appeared recently a series of articles, the object of which is to show that on the death of Queen ISABELLA the war for the Crown will be between the Count of MONTEMOLIN and the Spaniards on one side, and the Duc de MONT.. PRIMER and the French on the other. It is, therefore, extremely probable that the result of all the intrigues of Louis PRILIPPE will be to secure a crown for his prisoner instead of his son, and to I'UIiDAAr EVEN ifrzci o _FEBRUARY _l i _Mick, closed at 27-lat firty days, but fell to 3-16 buyers and sellers after the close. Five per Cents., 1G buyers, and -1 to 9 16 sellers after the close. Passive Debt, 51 t.) a. Coupons, 143 seller 3. We have received the Paris papers of yesterday. The Moniteur Pari,•ien says that the Government has received the following telegraphic dispatch from Perpignan : " A merchantman, which arrived this morning at Port Vendre, brings the news that the Cuvier was burnt and sunk on the 25th at Porto de Campos, near Palma ; the crew is saved." The Moniteur adds, the Minister of Marine has received no other news of this sad event. It would appear that the death of Madame ADE LAIDE is not the only domestic affliction under which King Louis PHILIPPE is suffering. The Seinaine • hints that the dissensions between the Duke DE NE. MOUES and the Prince DE JOINVILLE have become so serious, that it is impossible for them to inhabit the same palace ; and that the Prince DE JOINVILLE'S recent cruise on the coasts. of Italy, and his intended visit to Algiers, have been undertaken sol e ly to keep him away from the palace, in order to prevent an out break, which, from the ungovernable temper of the Prince there would be reason to dread, should the two brothers come frequently in contact with each other. The same journal says that General LAMORICIERE has some curious revelations to make oil the subject of the engagements entered into by him with ADD EL.KADER, and confirmed by the Due D'AUMALE. A letter from Toulon says that ADD-FL-KADER, no longer placing implicit trust in the words and promises of General LAMORICIERE and of the Due D'AUMALE, wrote to Marshal BUGEAUD to request. him to interfere with the Government fer the execu- tion of the treaty. The Marshal's answer to MID- EL. KADER was, that he need not reckon on the exe• cution of the treaty, but that he would find in France the greatest attention, and all the religious tolerance he could desire; for that all religions were by the Charttr placed upon an equality—that he need only name the pla n ce at whit:4 he desired to fix his resi dence, and that there the Government would build a small mosque for his use. This answer very much discouraged the Emir. Sir STRATFORD CANNING has arrived in Paris. BUSINESS DONE IN FOREIGN RAILWAYS AT THE LONDON STOCK EXCHANGE. JAN. 31. Boulogne and Amiens, 13 3 / 8 —Luxembourg, 1 —Northern of France, 11 1 4 —Paris and Lyons, 5 3 , 4 —Paris and Rouen, 35 1 / 4 —Rouen and Havre, 17%—Sambre and Meuse, 7 1 i West Flanders, 1%. THE CONFIRMATION OF DR. HAMPDEN. JUDGMENT OF THE QUEEN'S BENCH, (THIS DAY.) (Before the LORD CHIEF JUSTICE, and Justices PATTESON, COLERIDGE, and ERLE.) THE QUEEN V. THE ARCHBISHOP OF CANTERBURY, Soon after nine o'clock this morning the court began to evince unmistakable signs that some matter of more than ordinary importance was about to come before it, and by a quarter to ten o'clock the lobby and the galleries of the court were crowded almost to inconvenience. A great many ladies were present, and the attendance of barristers was almost greater than on any of the days on which this important case was argued. Lord Campbell, Lord Monteagle, and the Bishop of Llandaff, occupied seats on the bench The Learned Judges took their seats at five minutes after ten o'clock. Mr. Justice MILE then proceeded to give his judg ment, at which time the utmost stillness prevailed throughout the crowded assembly. He said this was an application for a mandamus to be directed to the Archbishop of Canterbury, stating that the persons who applied for it objected to the confirmation of the Rev. Dr. Hampden, Bishop elect of the see of Here ford, upon the ground of the unsoundness of some of the theological opinions published by him, and calling upon him to direct this Court to hear the grounds of op position. In support of the application it was con tended that the Archbishop was called upon to confirm the election of a Bishop by the Dean and Chapter, in accordance with the 25th of Henry VIII., c. 30, and as stated in the letter missive of the king, within twelve days, and by the second section, that in case of such nomination of presentment, the Archbishop should with all speed consecrate the person so elected by the Dean and Chapter, without any consultation or inter ference of the see of Rome; and, secondly, that in case the Dean and Chapter should elect the person so named in tie letter-missive, then that the election should stand gocd and effectual for all intents and purposes, and that the person so elected, after certifi cation by the king, shculd take the name and be known As the " lord-elect of the said bishopric ;" and that the validity of the said election having been shown to the king, that he should signify his: com mand that the election of the said bishop be confirmed, and should require the archbishop to invest ai.d consecrate the person elected ; and, further, by sec tion 7, if any archbishop, after any such election or nomination should be signified to him, should refuse to confirm or consecrate the person so elected or non elected, within twenty days, that he should be liable to the pains and penalties of prastninure. They con tended upon these sections that they had, neverthe less, a right to be heard. Upon a review of the statute, it appeared to him that the power of nomi nating to a vacant bishopric was given to the king, and that the archbishop had no authority to judge whether the king had properly exercised that power or not. In default of election, the king nominated the archbishop to confirm, and made him liable to preminure if he did not confirm within twenty days ; and in this case it was not intended that the archbishop was empowered to sit in judgment upon the propriety of the king's nomination. The King being supreme, the arch bishop was commanded to consecrate, whether he approved of the person or not, and the Dean and Chapter were expressly commanded to elect the per son named in the letter of the King. This being the ' case, there came the question, whether these parties, in the meaning of the words, were to be entitled to oppose the confirmation, and whether the bishop should adjudge whether the person should be con firmed or not. According to the tenor of the statute, as he construed it, it seemed that the Archbishop was bound to confirm, notwithstanding parties might op , pose. The election and confirmation were declared to be good to all intents and purposes, and, therefore, it was a contradiction of terms to say that an election which was declared of this nature by the statute was, nevertheless, incomplete and inconclusive. Confir mation showed in reality that it was consistent with this provision, and the statement that the person S O elected was to be styled the "Lord Bishop El ect comes under the same definition. The statement in the preamble brought them to the 23d section, from which he gathered that the object of the Act was to take away from the Pope any power in the appoint merit of a bishop ia this realm: it stated that great inconvenience had arisen from the delays and exactions of the Pope, and that, therefore, provision was made for the King to nominate bishops for the future, and to be empowered to call upon the Archbishop to consecrate the person so elected after the like manner of divers archbishops in ancient times, and it was a remarkable fact, that the person so elected was to make oath of fealty before the com mend to consecrate was issued. The command of the King was inconsistent with the right here contended for on the part of the Archbishop, to decide whether the party nominated shall be confirmed or not. If analogy were consulted, no reason could be suggested why the nomination of the King by letters should not be absolute. It was no doubt deemed right to preserve the technicality of citation. The citation of all opposers to appear was materially relied upon from an early period—at least from the reign of Queen Elizabeth—as also the power of the bishop to inquire. These grounds were, in his judgment, untenable. It was said that confirmation possessed a technical sense, to be found in the common law, and that the right of the people to oppose the confirmation of bishops had been exercised throughout the world, and that the opposers had a right to demand judgment upon their objections. On the other hand, it was contended that the people had not the right contended for. The question then turned upon the construction to be put upon the statute. The Learned Judge having recited the principal points of the statute, proceeded to say that references to history led him to the conclusion that the object of the statute was to give the Crown the sole power of appointment, and that the business of the Dean and Chapter, and the Archbishop, was merely ministerial. The Act meant that nomination should take place as before the passing of the Act, and the Parliament of the day, no doubt, intended that the word "confirm" should be taken in its usual sense— in the sense he had stated. If the confirmation hid been more than a mere matter of form, there was no doubt that it would have been exercised, but no one instance had been put forward in which the right here contended for had been used and admitted in any country or in any time. The industry mani fested had been great. Foreign as well as English legal and other writers had been referred to, yet only one case had been cited, namely, the opposition to Bishop Montague, during the time of Charles I.; but no decision with respect to that case had been re ported. It appeared it did not result in anything. Two or three other cases were cited, but 110 result length to the manner in which confirmations of this have we had a specimen of a kindred arrange bishops had taken place prior to the Reformation, and naent in the Nagpore state, under Sir Richard Jen !ince, and concluded a most learned and elaborate kins, though a less brilliant example than the Pun j by stating his opinion to be—on opinion , , • jauo, of what may in this way be done, ou g ht to which he confessed he had come to not without con have been sl;.ffieient for our instruction and guidance. s.iderable doubt and difficulty—that the rule for agues- damus ought to be made absolute. The L'unoor expedition is threading its way Mr. Justice PATTNSON then delivered his judg- through the passes ; it has hitherto met with no ob ment at considerable length. He was clearly of struction save those physical obstacles present, and it opinion that the confirmation of a bishop by the is not supposed it will meet with any. The Seikh archbishop was a judicial and not a ministerial act, , soldiers have behaved themselves admirably ; their and that such being the case the opposition to the consecration of the bishop ought to have been heard. discipline has astonished our officers, considering the He was, therefore, of opinion that the rule for the recency of their organisation. They are a fine, high mandamus ought to be granted. spirited, martial people, hardy, bold, brave, and Lord DENMAN then delivered his judgment at con- temperate. siderable length, and after indignantly and eloquently It is said that the Dooel Moolraj is anxious to place expressing his surprise at the attacks that had been ootan more immediately under our wing; in fact, made in the course of the arguments upon Archbishop I Cranmer, and going at great length into the Acts of in place of there being any aversion to an English Parliament that governed the case, stated his opi- administration, such as that of the Punjaub, the like nion clearly to be that the rule nisi that had been ob- ihood is that it will become the envy of the adjoining tained for a mandamus ought to be discharged, states. The hereditary institutions, and all their considering that if the Court adopted any other course ' eationality is spared to them ; it is, in fact, the native they would be giving e ncourage ment to those then- custom in fashion and appearance, made of English logical animosities which he lamented to see existing in the Church. His clear opinion was that tke rule naterials, such as you see every day everywhere ought to be discharged. around on the identical man. The result is, that two judges are in favour of Smallpox has broken out in Scinde, and is commit making the rule absolute, Mr. Justice Coleridge and ring sad ravages, otherwise the country is healthy. Mr. Justice Patteson ; while Lord Denman and Mr. The Commissioner is proceeding meanwhile very Justice Erie are of opinion it should be discharged. Their Lordships were three hours and forty minutes pietly with his arrangements, probably avoiding to delivering their judgments. make any such sudden attack as to give offence or create alarm ; he is preparing to have the whole of the old system overturned. Depend upon it, if you are to have India well governed, it must be so through the ability of men familiar with the country and intimate with the htellits and usages of the natives. Mr. Clarke and his councillors, Mr. Pringle and his assistants, have made the country and its inha bitants their study for half a century, and no men are more likely to arrange matters discreetly, durably, end wisely in the new province than they. OVERLAND MAIL INDIA. (From the Herald.) An Extraordinary Express has brought us letters and papers from India, in advance of the Overland Mail, with dates from Bombay of January 1 ; Cal cutta, December 21 ; and Delhi, December 20. Nothing later from China. Of course, cur first at tention is directed to the state of commercial affairs at Calcutta; and here we are glad to find that the worst is believed to have passed. Rumours, it is true, were rife as to the , suspension of three or four additional firms ; but only two were known to have succumbed to the pressure of the times, viz., Messrs. Colville, Gilmore, and Co. ; and B. T. Ford and Co. Disastrous and wide-spread as have been the effects in Calcutta, arising out of the late failures in England, they are not so extensive as was at first contemplated would be the case. Trade of necessity is paralysed, and matters look gloomily enough ; but we confess we were prepared for more ruinous consequences than have yet occurred, or are likely to occur, from the pastaspect of things. In Bombay, too, we are grati fied to learn that no further failures have taken place ; and though trade is dull, there is an improvement in the markets, which may be considered remarkable facts at a time like this. We say, therefore, that the commercial intelligence from these two Presidencies is not so bad as we apprehended it would have proved ; but, on the contrary, matters are looking somewhat upward, which we are inclined to anticipate will be more deoldedly apparent on the arrival of the next mail. MILITARY INTELLIGENCE. Casualties by death in the armies of India, reported since the departure of the mail of lath Dec. : Her Majesty's Troops—Lieut. G. L. Woodd, 86th Regiment, at Bombay, on the 22d Dec., Lieutenant U. C. Cardew, 94th Regiment, at sea, on board the Mary Ann, on his way home—date not given. Bombay—Lieutenant C. F. Tolfray, 4th Rifles, at Kurrachee, on the 7th December. Major G. St. B. Browne, 7th Regiment at Kotree, Sinde, on the 7t'a December. Madras—Ensign J. A. Wright, 39th Regiment, at Coimbatore, on the Ist December, Captain J. Clifton, commanding 7th Nizam's infantry, at Ellich. pore, on the 20th Dec. Bengal—Captain J. Sibbley, .54th Regt., at Mus. soorie, on the 9th Dec. THE BOMBAY MARKET. (From the 15th to the 31st December.) The tone of our markets is much the same as at the date of our last, that for imports being in a healthy state, though somewhat more quiet than it was, whilst the export one continues depressed, and in the accounts to hand on the 28th instant per Over land Mail, we see nothing to change the relative position of either. Money, though somewhat scarce, is much less so than is usually the case at this season, or was ex pected, but the Bank of Bombay has deemed it re quisite to raise its rates of discount, &c., one per cent. since last mail. Of political news, we have nothing of particular importance. Of the little war in Oude, and of the trifling insurrection at Goomson, nothing need be said, for they are altogether too insignificant for notice, Of the vast empire of India, it may be said, all is tranquillity and peace ; thanks to the wisdom, firmness, and moderation of the noble and gallant Hardinge. That venerable warrior has accom plished this arduous mission, and now re turns to his country and his home, amidst shouts of congratulation and the respect of the scattered mil lions, who have reason to bless the hour when the government of India was entrusted to his care. The Noble Lord reached Calcutta on the 11th of Decem ber, where he would remain until the arrival of Lord Dalhousie, which was shortly expected. FROM OUR OWN CORRESPONDENT.) BOMBAY, JAN. 1, 1848. .A. dispatch was last night received from the resi dent at Baroda, intimating the demise of his High ness the Guicower, who had been long dangerously ill. His Highness lea ves seven sons, t h e e ld est o f whom will succeed him. The most 'pleasing item of intelligence I can this mail give you is that of the improvement in the state of our markets, which though not very consi derable, has occurred in the face of the unhappy news from home. No more bankruptcies have oc• curred amongst us, and none are apprehended as in prospect, Trade is dull, but money somewhat less scarce than it usually is at this season of the year. The Governor- General arrived at Calcutta on the 12th ult., and net a most cordial welcome from the inhabitants. He has been just two years and two months absent from the capital ; in this time our foreign relations or policy and our principles of action have been revolutionised. A deputation of the inhabitants waited on him on his arrival to pre sent him with on address. It contained a hearty welcome and warm eulogy on his conduct during his absence. The reply or his lordship is a model in its way—short and to the point, full of sound sense and right feeling. He states that our ormies are now sufficient in strength to protect 12,000 miles of frontier, from the Himalayas to Cape Comorin ; that all the enemies on our borders have been subdued, and that the ca reer of peace improve ment now fairly commenced, he hopes to see perse vered in--internal intercourse promoted—arts, in dustry, and education protected and fostered. A meet ing has been summoned to take into consideration the importance of erecting a monument to his Lordship,and I have no doubt such a memorial will be got up as India never witnessed the like before. At Bom bay it is hoped the fruits of the subscription will be devoted to the establishment of a school of industry, to be called the Hardinge Institution, No more appropriate monument to one who has given peace to India could be erected, than one devoted to instruction in the arts of peace. Our railways will immediately require some such semi nary; they will never be worked with advantage till they are so by the children of the soil, and never can these be resorted to until well and carefully in structed. Lord Dalhou s i e i s a b out t hi s time at Madras. He will not be at Calcutta for ten or twelve days to come. The administration of Lord Hardinge will open on us a new era ht India, and give a new tone and character to the Government of England in the East. Cotton Piece Goods—We have had a further sup ply of these fabrics by the arrival of some vessels in the early part of the fortnight, and which, added to what were received towards the close of the first half of the month, appears to have supplied the demand for the present, and the market has therefore been in a much less active state during the last ten days than it was pre viously; prices, however, are without change, except for shirting in the grey, of which large sales have been made, at, in some instances, a slight concession in price. Maddapolane, long cloth, and coarse domestic, are the descriptions that have continued to enjoy an advantage in demand, and prices of which, with those for jacconet in the grey, are well supported. In bleached goods, Mad• dapolam of low quality (thirty-one inches) has been a good deal inquired for, and jacconet up to middling quality has been in some request, but all other kinds are neglected. Fancy goods—Orange pine dresses, as well as zebra, are in good demand, especially the former, which are scarce; as also book muslin up to medium quality, and dyed mulls. Grey mulls are also' inquired for, as well as bleached up to middling uaiity, but lappets of all kinds are dull of sale. Turkey red dyed plain cloth, for which prices had en upward tendency at the date of our last, has again receded in value, owing to some rather large sales at a lower figure. Twilled continues in good demand, as also are mulls, both of which are scarce. Prints in this dye are very dull of sale. Cotton yarn, in the grey, has been more inquired for since our last, and some large sales of mule have been effected at rather lower prices for inferior, but full ones for the better qualities. Of water there have also been some sales, and such of both as kayo come to our knowledge are undernoted. Orange and the best quality of Turkey red continue in demand, but inferior of the latter is quite neglected. Mule-160 hales 3001 b. each (20.80ths 30•80ths 7i) 40 50 60 70 80 90 100; 150 do. do. 7 74 82; 141 co. do., 61 771 ; 550 do. do., 74 7i 910 10} 124 14} 16 ; 100 do. do., 6i 7 74. Water-150 bales 3001 b. each, 74 7 9 ; 80 ditto ditto, 7 74 Bi. Woollens—For save list cloth there is some little inquiry, but the prices offered are still low and we hear of no transactions. Flannel is neglected. Metals—Swedish bar iron continues in demand, as does also British. In the latter a sale of a cur rent assortment has been made at a full price, but much highar would be given for one consisting of square and round only. Of nail rod, sheet, and hoop iron, some sales have been effected as noted below, the prices obtained for square nail rod and hoop being something under our last quotation.— Copper continues steady, and several sales . of braziers' have been made at our quotations, with one of South American of very inferior quality —the latter just before the departure of the last mail. —Spelter as well as steel has further receded in va lue, as will he seen by our report of sales, but the quality of the latter sold is said to be inferior.—la lead or tin plates no transactions reported, and prices are unchanged. Iron-1,300 candies British bar, at 39/rs.; 120 ditto ditto square nail rod, 431 rs. ; 1,120 ditto ditto ditto, 43rs. ; 1,000 bundles ditto round ditto, 46irs. per candy; 600 ditto ditto sheet, Vars.; 600 ditto hoop, 6urs. per cwt. Copper-600 cwt. braziers', at 62irs.; 200 ditto ditto, Pars.; 200 ditto ditto, 62 irs.; 765 ditto South American ingot, 34rs. per cwt. Spelter-400 cwt. at 1 lira. per owt.; 150 cwt. at lira. ; 1,475 cwt. at llrs. Steel-150 cwt. tub and 950 cwt. faggot at Brs. per cwt. Cochineal continues scarce, and a small import since our last sold readily at our extreme quotation, whilst a sale of 8,700 lbs. to arrive has been effected at 4lrs. per lb. Saffron has improved in demand and value, two parcels having sold in the fortnight at 14rs. per lb. for 2001 b., and 14,1r5. for 175, both of good quality, with 1001 b. of rather inferior at Urs. per lb. Beer in cask is wanted, but none to be had. A recent import of English bottled Allsop, by Barclay and Friend, has sold readily at 6s. per dozen, the quality being a great improvement upon what has been coining forward for a long time past. Spirits—Owing to a recent import of a rather large quantity from Bordeaux direct, the price of brandy has given way materially, rs 3 per gallon being the present rate, and at which 210 hhds. have been dis• posed of. Of gin we have heard of no sales. EXPORTS. The Government of India have resolved to allow 10,000/. a year for some years to come, to be bestowed on experiments on the cultivation of tea on the banks of the 13eas, in our newly-acquired Seikh dominions, and in Simla districts. The country here is from 3,000 to 4,000 feet above the level of the sea, having valleys from sixty to eighty miles from one extremity to the other, and from two to three across, sweeping along the banks of the rivers. They are divided from each other by irLain tain ridges of moder ate elevation —increasing in alti tude towards the north, where they approach the higher Himalayas. The best of these are at pre• sent covered thick with snow. The climate is healthy and delightful, villages are already springing up in all directions. Sir J. Davis has been directed to pro cure a supply of seed, and to send from the first tea gardens in China some of the best cultivators that can be found. At present the people in the north west provinces, to whom tea is the greatest of luxuries, are supplied with it from across the fron tier ; it is enormously dear and bad inAuality, and gets deteriorated on the way. Major Napier has taken up his appointment, and commenced operations as superintendent of roads and canals in the Punjaub, on shich 30,0001. a-year is for some time to come to be expended ; the Durbar promising to allow 60,0001. so soon as the state of the treasury will permit. European cultivation continues to advance: turnips are now to be seen around Lahore. I had a letter from Colonel Lawrence a fortnight since, stating that tools and implements of the best construction, with Seikli workmen, were either to be sent down to Bombay to receive instruction in the arts or Bombay tradesmen well instructed to be sent to Lahore. The Punjaub administration will be an example to all India, not because of its being under our govern ment—for the Company's dominions in which no progress has been made have been ours fur centuries —but because we have a Native Government feeling their own independence and responsibilities, but only on the suggestion of English councilors. Once before Cotton Wool—The accounts from home, as well AS those last received from China, continuing to be most unfavourable fur this staple, prices have further given way since our last, and the market has still a dull and; declining appearance. At one time during the fortnight there was a strong inclination to an increase of business, but since the arrival of the China (26th) and Overland Mails (28th instant) transactions seem to have been put stop to, the undernotei puTchises having b..en made previous thereto. Several small parcels of cotton from Dharwar, the proluce of American seed, have arrived in he last fortnight, and the same is selling at 112 rs. to 115 rs. per candy ; the quality is inferior to that sold by Government in the early part of the year, and the prices quoted are therefore, under preterit circumstances, high ones. Other parcels are known to be on the way to this port, and for the future no doubt our market will be regularly supplied with it. Purchases-600 candies Cumpta, at rs. 82 ; 300 candies Mangalore rs. 80 to 81 ; 500 bales Dollere, re. 794-; 4,200 bales Broach, of the new crop, to ar• rive, rs. 90 per candy. Sheets' Wool—The market has been dull, and very small quantity has changed hands, purchasers of such being chiefly native shippers. Opium—About 250 chests of new have arrived, the quality of which is favourably repeated on, and. for which 950 rs. per chest is asked; but as yet no• thing has been done in it; nor have we hoard of Any transactions i❑ old, prices of which are nominal. TONNAGE. The rate of freight to Great Britain is much the carne now as last reported, what few transactions have had effect in the interim having been done at 31. 12s. 6d., at 31. Iss. for Liverpool, and 31 155... to 41. for London, and under 3/. 15s. tonnage is note to be had for either port to-day, For China, a ?vile' was come to in any of them ; and writers of autho rity—Coke and Blackstone—used no expression to indicate that the right in question Ives stated to exist. Many of the ancient writers who had been cited on the other side spoke forcibly against the right contended for. After some other observations, the Learned Judge concluded by saying that, after giving the best attention that he could give to the .subject, he had to come to the conclusion that the • upposed right did not exist, and that the rule for a mandamus ought to be discharged. Mr. Justice COLERIDGE next delivered his judg ment. He said the case had been argued with great ability, and that he regretted, from the active nature of his duties, that he had been precluded from giving that deep examination to the subject which he hid wished, and went on to say that Ye regretted this the more because he felt himself called upon to differ with his brother Erie, and, he believed, with the Lord Chief Justice. He admitted that the inquiry was ill suited to the judge, who felt called upon to declare the law as it is, not as it ought to be; and also that, from the antiquity of the authorities on the subject, And from the various branches into which the law was divided, that a judge experienced more than ordinary difficulty in dealing with them. It was impossible fur a judge to express strong confidence in them. It was, however, satisfactory to him to be enabled to state, though he gave his opinion with the utmost confidence, that any error of judgment on his part would not be final. He believed also that the dan ger which would arise from the people not being allowed to opp )se the election of their bishops, and the danger to the Church, though he admitted there was danger, had been much exaggerated. He considered that the applicants were entitled to the mandamus for which they had applied. The Court exercised jurisdiction over all inferior courts, and the fact that parties who had a right to appear in one of the inferior courts were refused a hearing was a suffi cient reason to his mind to grant a mandamus. If the statement was true in this case, and he saw no reason to deny it, he thought it could not be denied that it w as within the province of this Court to call upon the inferior court to do what was right. It might be said that the lower court was not an inferior one. Eccle siastical Courts were not withdrawn from the au thority which that Court exercised by mandamus over all inferior courts. They could not, indeed, determine the nature of their proceedings, but they could review them by way of appeal after. Of course they were the best judges of the practice which should be adopted in them. Nevertheless they could compel an ecclesiastical or any other judge to do his duty, or to restrain those who were about to step beyond it. In the case of the King v. the Church wardens of Bedford, this Court refused a mandamus, saying the subject was one which ought to have been carried into one of the Ecclesiastical Courts, and he did not question the propriety of the decision. The subject had relation to the collection of tithes, and the parties were forced to go to one of these courts in the first instance. There was no ground for believing that their case would not be dealt with; but, at any rate, they were to go there before they could come to this Court. With respect to the case of the King v. the Justices of Caer narvon, Mr. Justice llolroyd said, if only one side was heard he should consider it equivalent to no hearing at all, and should consent to the issuing of a mandamus. They must, therefore, look at the facts. I'o secure a full and complete a dministration of jus tice they were to regard this whole matter as a sub stance, and not as a mere matter of form. If the statements of the applicants were well founded the whole hearing has been no hearing, and the decision no decision, and the applicants had no power of appeal. There were no parties, and there can be no appellants. Considerable stress had been laid by the parties opposing the application on the argument that th d e parties had no interest i n the application. It appeare to him, however, that they hal an interest in the question. If this were a mere form, the citation to appear would also be a mere mockery, and interest to the parties or to any body there could be none, and the applicants would have no right to waste the time of the Court, or the Court to listen to the application. The relation in which two of them stood, as incum bents of the diocese, gave them, in his opinion, an in terest in the faith and doctrine of their bishop. With respect to the meaning of the 25th Henry VIII., c. 20, it was certainly not what Henry VIII. wished or intended, but the true meaning of what was written, that they were to inquire into, and if it were to be con tinued even according to the intentions of that monarch, he had no reason to believe that it would be found unfavourable to the view which he took of the subject. The question, however, was not Quid volanti Rex, but Quid Parliamentum recti. The question, for the first time raised for a judicial deci sion, was, what was the interpretation to be put on the command to confirm, invest, and consecrate. It had been said that it conferred a new duty upon the Archbishop, and invested him with new functions and duties, which were entirely ministerial in their nature. Upon the other side, it was contended that confirma tion was a solemn, important, and judicial act, and one which from the earliest ages of the Christian Church it had been the duty of the Archbishop to perform, by virtue of his office. Those who main tained this ground, of course, took upon themselves a large burden of affirmative proof, and they proceeded to show what confirmation meant in the earliest ages of the Christian Church. If the word "confirma tion" were not to be construed in this manner, the statute would only have the effect of misleading. It was right also to ex amine what, in point a fact, was done at the time ors in succeeding ages in the m atter of confirmation. here were, then, four heads of inquiry to be gone into, the first, third, and fourth, might be considered for the most part as inquiries into mere matters of fact ; the third was a question of construction. He did not propose to go through the whole of the fact s which had been brou g ht forward. It was sufficient for him to state that the a pp licants had made out a ca se so clear and so strong, as to:raise a belief in his mind that the conclusion to which they came was such, and that they were entitled to the writ which they asked for. By the practice of this Court in issuing mandamus absolute certainty was not required as the ground for such issue'; the ques tion is generally more properly decided afterwards upon the record in a higher court. With respect to the historical evidence which had been adduced, if the question were before a jury, and the judge were summing up, it would be his duty to tell them that the question was to be considered with all reasonable allowance for the circumstances under which the evi dence had been produced, such as the remoteness of the period, and the length of the chain of evidence which was sought and required in the case, and that to make out this case through a period of trouble and disturbance as clear as would be required in an ordi nary transaction would be impossible. The Court would, in such a case as the present, he apprehended, decide as they did a short time since with respect to an application to alter the statutes and foundations of one of the Universities at Cambridge, in the case of the Queen e. Archdale. The province of the Court ap peared to him to be more of a grand than a petty jury, they were simply to inquire whether enough was proved to allow the case to go any further. The evidence with respect to the confirmation had extended to the apostolic age ; he was content, how ever, to go no further back than the age of the; coun cils, to which reference had been made, as their authority had been recognised by statutes passed since the period of the Reformation, Ist of Elizabeth, c. 1, s. 36. The councils of Nice and Chalcedon had been referred to, in which it was stated that the confirmation of the bishop was in the discretion and power of the archbishop. And what could be more reasonable than that such should be the case, and that the consecration of the bishop should be in the hands of the party to whose visitatorial inspection he k eo e n o e f ex th io e n E w n i g th li , sh or C a hu b r r c a h o , efi t l h oe y f, was subjected ? It had been said that these foreign canons had no authority in the English Church. sNpookwe, ofw when they h t u h r e e y h s i po e n wou th ld e councils e un ß ei o l m s a w n e C re at h h e o l l d ic as C a h u u t r i c io h r . ity T a h t e ß d o e m cr e et a als d byh country. e n governed inthis 'general also Church be in re t g h a is rd e e o d un a tr s y su w c a lT he canon law, but it was also governed in smaller matters of detail by the canons of local or provincial synods, of which Linwood and other written. They were not intendedext writers have to overrule the general canons. 25 HenryVlll., c. 19, recited in the preamble the existence of y th f ese several canons, and enacted the appointment subject, which, however, wase a commission ed. on the therefore, the decretal;are cinueorteerda by y ei t n h t When, therefore, canonises and text writers, they must presume that they spoke truth on those matters, and it was his opinion that the election of a bishop was subject to the c onfirmation of the archbishop, and that such confirmation was a judi cial and not a ministerial proceeding. It had also been said by the party opposing the application that the inquiry of the archbishop at the confirmation was simply one of identity, referring only to the personi e!ecti, and not to the personi electiones. It was a sufficient answer to that to say that no case could be adduced where such an inquiry had ever been instituted. Several of the cases on the other hand, cited by M r. Badeley, proved exactly the re verse. The appointment of Robert, Bishop of Bath and Wells, was set aside by the refusal of the Arch bishop to confirm, on the ground of the bishop elect being a p luralist. A second p erso n was ap pointed, who was also refused in like manner , an d the parties appealed to the Pope, but, through the t h rea ts of the Archbishop, who stated his intention to resign if his decision vs • ere reversed, the confir mation was not proceeded with, and the Pope ap pointed and consecrated a bishop himself. Orford, the fourteenth Bishop of Ely, also refused confirmation by the Archbishop, was but, upon appeal to the Pope, was consecrated upon the spot; the expenses of the appeal having amounted to the sum of 15,0001., a very large sum in those days. The Learned Judge then referred at considerable • Preparing for publication, in Bvo. volumes, with Portraits (a volume to appear Quarterly), THE LIVES OF THE PRIME MINISTERS OF ENGLAND. Richard Bentley, New Burlington-street, (Publisher in Ordinary to her Majesty). Now ready, 1 vol. Bvo., with illustrations, price 1 4e. boand, T " BUSHMAN; Or, LIFE in a NEW COUNTRY. By E. W. LANDOR, Esq. " Full of genuine information and interest. We recommend our readers to make Its acquaintance."—Athenaeum. " Mr. Landor is full of original information, and buoyant with good spirits."—Britannia. "Full of amusing and interesting shifts of a settler."—Weekly Chronicle. Richard Bentley, New Burlington-street, (Publisher in Ordinary to her 31ajesty). ; • • 0. i