The Sun. — London, England, 1835-05-08 00:00:00

SPIRIT OF THE PUBLIC JOURNALS • The nomination for the West Riding of Yorkshire on Tuesday last produced, as is customary, speeches from the respective candidates. But to assert that any new argument was exhibited for or against the preten sions of either party, would be a misrepresentation. For what indeed approaching to novelty can be now expected upon a question in itself so simple, and al ready discussed with such repeated and persevering eagerness ? The question is simple both in form and substance, being nothing more than this—whether the United Kingdom shall be governed with a view to perpetuate the incorporation of Great Britain and Ire land, or to their total separation at no distant day? Whatever now tends to place augmented power in the hands of a Roman Catholic party, bound together by common hatred of the Protestant Government, and of the bulk of our Protestant institutions, as well as by an appetite for all the plunder that can be wrested from the Protestant Church, whetted as that appetite must be by revenge, and encouraged by many recent po litical successes,—whatever, we say, tends to increase the power already lodged in that hostile priesthood, and its associate lay disturbers of the realm, is a sword in the hands of our deadliest enemy, to be used for the destruction of the British empire. It is childish to imagine that mere justice to the people of Ireland will recall to the duty of loyal subjects those whose daily practice, for a whole generation, has been to mystify and inflame the people, and to prolong their own power over the multitude by poisoning their minds with false hopes and with unfounded animosities. If these men were mere mistaken demagogues--if they were among those visionaries who picture to themselves some vague and flattering chimeras of vast general good, to be effected through a course of clamorous violence and popular excitement, however hollow and delusive such their anticipations might be, we should not only be in clined to pity and forgive them, but we should have a tolerable confidence that when their errors were exposed, and the evil fruits of persisting in them brought home to their convictions, they would betake themselves to more wholesome walks of life, and leave their coun try to its fair chances of improvement under what ever system of practical reform the Legislature might, on due consideration, auth o ri se . B u t there is no such prospect of peaceful concurrence in any bona fide mea sures of reform, or tranquil enjoyment of their conse quences, with agitators like O'Connell. These men are not enthusiasts. They are rigid calculators of self interest, not dupes of political error. The sole purpose of the Irish agitators is to keep alive the ferment of the vulgar mind, being the hot-bed of their own power, and converted by them to the ends of a cupidity, the most sordid and rapacious, but hitherto the most astonishingly triumphant, that ever disgraced on one side the morals of any nation, or its intelligence on the other. O'Connell's business is to invent grievances—not by any means to have them redressed. He therefore twists everything into a grievance ; and as the most enormous extravagance is always that which most tickles the diseased palate of the mob, he finds his account in bringing forward, by way of grievances, matters which admit of no legislative remedy. The existence o f th e P ro t es t an t Church has become one stock text for declamation with the agitator, who knows extremely well that the Parlia ment of the empire (whatever a few empty dabblers in abstract theory, having unfortunately places in the Ca binet, might do) never will, by a direct vote, abolish the Church Establishment. This, therefore, which has lately been manufactured into a grievance, will afford O'Connell a perennial topic of invective against the Protestant state, being that species of grievance which the state will never remedy. So, the Union is another grievance, the moat apt and commodious ima ginable for O'Connell's purpose, because that also is a nuisance which never will be abated by Act of Parlia ment. Here, then, are two sources of everlasting dis turbance picked out, and polished for use, by this master workman; and it is quite obvious that let the Ministers do what they may—let them go to the very verge of revolution, for the sake of reconciling the in satiable agitator, the very circumstance of their stop ping short at this side of the precipice, should they be able to arrest their own downward course, will by him be inexorably construed into as bad a crime as the refusal to do any thing from the first, perhaps worse, and a fresh shower of rockets, shells, and filth will be fired off at Lord John Russell (should he still by means of some yet untried seat in Parliament be able to retain his office of Home Secretary), just like last autumn's scurrilous vollies inflicted upon Lord Dun cannon. We say, therefore, redress every real griev ance of which Ireland, Protestant and Popish, can complain. Do it for the sake of justice. Do it for good government, and for self-justification hereafter. Relieve the poor from their horrible state of destitUtion, of which no particle is caused by the Protestant Church whose revenues are drawn exclusively from the land lord ; but relieve them—first, by taking the support of their own tyrannical priesthood off the shoulders of the Catholic poor, as forcibly recommended and ex plained by the Rev. Mr. Croly. Next, release them from the burden of their own aged, orphan, and helpless relatives ; and do this, and more thin this, by a tax upon the land, sanctioned by the same authority as the tax for which tithe shall be com muted, and levied, if necessary, with even superior promptitude. These would constitute a real redress of real Irish grievance. But would these silence the O'Connell cry ? We apprehend far otherwise ; and we are borne out by his own declamations against the existence of the established Church, in favour (hypo crite as he is) of the voluntary principle in matters of religion, and as the keystone of all Irish prosperity in fa vour of a Repeal of the Union. What we have to say, then, is this—that any English Government which takes O'Connell for its guide in the political adminis tration of Ireland must fail of its alleged object-- namely, that of pacifying the Irish mob--because O'Connell's position and his passions require that it should not be pacified. Every step, however, made by the Government for the sake of satisfying O'Con nell at the expense of our Protestant institutions, though it may not and will not satisfy, will be sure to strengthen him, until, by escorting him a part of the road, and lifting him to a certain point of the ascent, he will be able to reach the summit by himself, having first kicked away his supporters. Lord Morpeth, for a man who talks of taking on himself the activegovernment of Ireland in a few days (that is, by leave of the constitu ency of the West Riding,) seems to know marvellously little of the interior •working of that country. He talks, like the rest of them, about having the benefit of O'Connell's unstipulated services in the pacification of Popish Ireland. Why, if O'Connell can make the Whig Ministers do his business for him, and be re sponsible to England for the solid power with which they invest him over Ireland, where is the occasion for his stipulating anything ? He must be a rank fool to accept office and be responsible, when he can have, by rejecting office, irresponsible and absolute power. The transient pacification of the Irish Papists may perhaps be procured, but the permanent subjugation of the Irish Protestants to Romish rule will be the price ' we shall pay for it. If Lord Morpeth be ignorant of this, he is wholly unfit to undertake the Chief Secre taryship of Ireland. If, knowing this, he holds the language reported of him, he is unfit to be member for the West Riding of Yorkshire. We do no more than our bounden duty in putting the electors on their guard.— Times. The nomination of the candidates for the West Rid ing of Yorkshire, which took place at Wakefield on Wednesday, appears to have been a spirit-stirring scene, and, according to all appearances, the honour, for which Mr. Stuart Wortley has entered the field against the former possessor, Lord Morpeth, will be severely con tested. Among the difficulties with which the new candidate will have to contend is the great influence possessed by such large landed proprietors as Earl Fitzwilliam, the Duke of Norfolk, and some other Whig landlords ; for though the Whigs and the Jour nals always object to the exercise of any influence by Conservative landlords, none exercise a similar sort of i n fluence more unrelentingly than the Whigs themselves. The interference of Whig landlords with their tenantry was never carried further than during the late Devon shire election ; but, assisted as it was by Government influence, and, according to accounts, by still more tangible arguments to induce adverse electors to absent themselves from the poll, it failed to enable Lord John Russell to make head against the stream of public opinion, which swept the ally, or rather the protege of the Repeal Agitator far enough from the representation of South Devon. For our own part, we like to see landlords and their tenantry on good terms with each other. When a kindly feeling is cherished between them it speaks well for both. It shows that the landlord cultivates the good will of his tenantry, and that the tenant is sensible of his libe rality, and contented. In Ireland, one of the greatest curses brought upon the country by the despotic in terference of the Roman Catholic Priests at elections has been to sever the kindly connection between the tenantry, and the best resident landlords which the country possesses. 'We should not have the tenantry treated either as political vassals or superstitious serfs by landlord or priest ;—rteither do we deny that a landlord, be he Whig or Tory, may exercise a legiti mate influence with his tenantry, when he merely can vasses for himself or others, without resorting to threats or promises--to corruption or intimidation. The Priests in Ireland who denounce adverse vo ters from the altar, and exercise the spiritual ter rors of the infallible Church over the superstitious minds of the more ignorant portion of their flocks, have succeeded to the dominion of the ancient bo roughmongers, with a securer hold of the represen tation of that unfortunate country in the grasp of a terrible and withering supremacy. It is chiefly by their aid that the, repeal Agitator—the political patron of Lord Mulgrave and Lord Morpeth—has been able to place more nominees in the House of Commons than any ten boroughmongers ever could under the old unreformed system. Not content with this, he demands that the electoral qualification shall be lowered to 51., that he may have the whole representa tion in his hands ; and the Ministers with whom Lord Morpeth is associated know that they dare not refuse this demand, because it is he and he alone—as he has boasted..-that has blown into their nostrils the breath of political life. The triumphal procession, which we noticed yesterday as being prepared by Mr. O'Connell, under pretence of doing honour to Lord Mulgrave on his entrance into Dublin as Lord Lieu tenant, but really to show the King's representative that he who gives or withholds popularity at his pleasure is " Viceroy over him," would have re flected a portion of its charitable glory upon Lord Morpeth, if there was not a law upon the statute book which made it necessary for him to re turn to his Constituents upon accepting office under the Crown. That law which the Whig-Radical Journals now describe as a very inconvenient one, proves doubly inconvenient to Lord Morpeth on the present occasion. It makes it necessary for him to go through all the drudgery of a contested election, and prevents him from accompanying Lord Mulgrave as Chief Secretary, under the auspices of the man whom 4he Whigs, with Lord Grey at their head, de nounced as a public enemy in the speech from the Throne. Thus, Lord Morpeth is obliged to be soli citing the votes of the electors of the West Riding, when he might, otherwise, have played a prominent part next to Lord Mulgrave—the second character in the dramatis personce of O'Connell's melodramatic procession, the Repeal Agitator himself being the chief actor, and not only that, but the "getter-up" and stage-manager of the piece, combining in himself also the offices of machinist, property-man, scene shifter, and arranger of every thing connected with the show, even to the dresses and decorations. Whether the free and independent electors of the West Riding of Yorkshire will clothe Lord Morpeth in the character of their Representative, to lacquey the heels of the great Agitator, as Chief Secretary of Ire land under the Melbourne Ministry, remains to be seen. Ltlel Morpeth tells the electors, in his sneech at the hustings, very wittily no doubt, that 1%::. O'Con nell is not the Pope, and that there is no law making it an indictable offence to hold intercourse with him. No, lie is not the Pope ; but the Pope himself is not mote despotic in the Vatican than Mr. O'Connell is at this moment in the British Cabinet. He has already had his own nominee appointed Attorney-General for ' Ireland, and no rational man believes that either Lord Mulgrave or Lord Morpeth were appointed to the Irish offices which they now hold without his sanction and approval. Lord Morpeth took care, while he talked a great deal of florid prettinesses about meadows and mountains, lakes and rivers, soil and scenery, and forges gleaming in unfrequ en t e d glens, to steer as clear as pos sible of that dangerous rock—the Church-spoliation clause of Lord John Russell—the commencement of the great work of pillage and destruction—the beginning of the end. Mr. Wortley showed less apprehension in touching that subject. He contrasted the innocent in terpretation put upon it by his Noble Friend with the Radical declarations of Sir John Hobhouse and Mr. Shiel, and he appealed to the common sense of all who heard him whether such declarations did not mean something very different from an appropriation to an indifferent education of an imaginary surplus. He asked would the Romish party be satisfied with any thing short of an appropriation to Roman Catholic purposes ?—would they who assisted to place the pre sent Administration in office be satisfied with any thing short of an appropriation to their own ends and objects ? He thought that the first lesson in educa tion should not be a lesson in the art of plunder. So, we believe the great majority of the people of England think, S and the Melbourne Ministry will find that they think so, if they have not discovered that truth already ; for most assuredly the assistance of Mr. O'Connell and his " tail" will not long be able to sustain such a Ministry in power, with its mediocriry of talent and slenderness of character, against the weight of the property, intelligence, and Constitutional patriotism of the country. They must deliver themselves from their thraldom to the Repeal Agitator, or their dream of power will be short indeed !—Morning Herald. The Bishops, the Parsons, and their scribes, set no bounds to the exultation which they feel in conse quence of their equivocal triumph in South Devon. It has already cast into the shade of oblivion the gene ral rout which their Admiralty Lords and Secretaries, and their Ordnance officers, encountered at the last general election. It has beguiled them from the con ' templation of the Gazette, which, day after day, records L tneir disasters elsewhere—at Newport, Dungarvon, Cashel, Drogheda, Berwick-on-Tweed, Sandwich, their own Totnes, the northern division of Northum berland, Nottingham, Cambridge, Edinburgh, Man chester, Dundee, Haddington, Kincardine, wherever in fact the Church has no power of intimida tion, no instrumentality for corruption, no Phillpotts for the fabrication of slanderous placards. Their victory is like a child's new toy, everything for the day—it is to produce all sorts of important consequences—it is turned on every side, looked at in every kind of light —in order to examine it in all its phases. If we are to believe the Anti-Times, that victory has already destroyed the Whig party, swelled the Tories to treble their recent numbers, and prepared the immediate downfal of the Government. Never were predictions so lightly hazarded or so vainly announced. A ma jority of six hundred at a poll where seven thousand votes were recorded is undoubtedly decisive as to the sentiments entertained by a considerable body of free holders in the county of Devon, but it shows that even there a strong minority is to be found holding opinions of a diametrically opposite character, and it predicates nothing whatever as to the general feeling which per vades the United Kingdom. That feeling is assuredly much more truly represented by the new returns which have been made in different parts of England, Scot land, and Ireland ; and we fearlessly assert it to be as six to one in favour of his Majesty's present Govern ment. We are told indeed in the most unblushing language, that that Government has been " formed out of nothing," and that it leans upon " nothing" for support. If this were the fact, why all this joy about Lord John Russell's defeat ? It is an ancient adage, Ex nihilo nihil fit. If the Government be really formed out of nothing, it must instantly perish, and the labour of the Devonshire ecclesiastics has been therefore quite superfluous. If it be true that the Government leans upon " nothing," why was the Times purchased to rail it down ? Why was the most shameless apostacy that ever disgraced the literary his tory of any country perpetrated in order to annihilate a nonentity ? No, no ; these infuriated scribes, who affect to be engaged in the sport of " breaking a butterfly upon a wheel," well know that the " nothing " from which Lord Melbourne's Cabinet has sprung, is Ireland—that vexed ocean of political strife in which so many mi nistries and systems of misrule have successively found their ,cfraves. If the wrongs of seven mil lions of the King's subjects be "nothing"—if the exac tions from the miserable widow and the famishing orphan, extorted through the blood of the husband and the father by the pampered Ministers of a sinecure Church, be " nothing' —if the long years of subjection to Orange oppression and scorn, through which Ireland has struggled for existence, are to be accounted as " nothing"—if the total denial to that portion of the King's dominions of the spirit of the British Consti tution in the practical administration of the laws be " nothing"--if the substitution of discontent for hap piness, of agitation for tranquillity, of misery for prospe rity, of crime for industry and virtue be " nothing," then it must be admitted that the overthrow of Sir Robert Peel's Government must have been a most puerile operation, since it was produced by a series of " nothings." These are, however, the sort of nonen tities upon which the New Government has been constructed ; and we are only grieved to say that they combine to form perhaps the most dense and solid mass of grievances that have ever afflicted any nation of ancient or modern times. As to the " nothing" upon which the Government " leans," we suspect that here too, by some marvellous process, it will be composed of a decided majority of " noes" in the House of Commons, whenever the Tories choose to try their strength upon any proposition of an affir mative character. It may be true that the Aristocracy is determined to withhold its support from the Minis try. So much the better for the people. If the Mi nistry can look for no assistance in carrying on the Government to any other quarter than the great body of the people, the fact will be the strongest guarantee which we can require, that their measures must be unequivocally popular in their tendency. There are Whigs in the Cabinet, but the men who are resolved to maintain it with all their force are not Whigs ; they are the Reformers of the three Kingdoms. The Cabinet must therefore be, in every sense of the word, a council for the thorough reform of all proved abuses ; the lines of distinction which have hitherto separated the Whigs from the Irish Members, and from such men as Gisborne and Grote, must be erased. No nice delicacies of theory, no he sitations of exploded doctrine, no haughty traditions can no Nbe admitted into the deliberations which are to preside over the destinies of this roused and mighty nation. The time has arrived when we behold our institutions once more assailed by the myrmidons of corruption, from whose talons those institutions had only been recently extricated. The removal of the evils of the Irish Church, and of those which convert our Corporations into sinks of bribery and peculation, may do much for the common welfare. These amelio rations must be speedily realized, the spirit that de muds them must be forthwith appeased—otherwise we may look forward to a revolution, which, while it crushes the Tory malcontents in its march, may be productive of other consequences, of a nature calcu lated to fill the stoutest heart with apprehension. Morning Chronicle. The Tories are in perfect ecstasies at the assumed success of their candidate in the county of Inverness. What if their exultation should turn out to be some what premature I There is sometimes all the dif ference-in the world between an anticipated or wished for, and an actual triumph. Possibly before eight days have elapsed the Tories will have been taught by woftil experience what that difference is. It is true, indeed, that they are moving heaven and earth to secure the return of a Conservative for Inverness-shire; and if the use of the most foul and corrupt means can insure their triumph, that triumph is certain. The Tories of the North are united to a man in support of Chisholm," who has become doubly dear to them, because, like that gcLat " curiosity," D'lsraeli the younger, he has lately apostatised from liberal prin ciples. The Duke of Gordon, Lord Lieutenant of the county of Aberdeen, and Colonel Grant, of Grant, Lord Lieutenant of the county of Inverness, are employinc , all the influence which their situations give them to defeat the Government candidate. Their factors are drilling their tenants, so as to have them in readiness to " march" to the poll just as if so many black cattle. It is truly humiliating to see the degra dation to which they are forced to submit. The two Lieutenants are offering an outrage to the dignity of our common nature by the means they are employing to coerce their tenants. To the latter the elective franchise, instead of a blessing and an honour, is proving a curse and a degradation. The manifest and only remedy for the evil is the ballot. In the mean time, are these ultra Tory Lord-Lieutenants to be suf fered thus to cabal with impunity for the overthrow of that Government under whom they hold their appoint ments ? If Lord Melbourne is weak enough to over look this insubordination on the part of his servants, lie does a grievous injustice to his own Administration. and the country. Let him disarm them at once of their power of doing mischief, by an unceremonious dismissal from their situations : such vigorous conduct would be a warning which would run but little risk of being disregarded by other Tory Lord-Lieutenants.-- Morning Advertiser. Mr. Littleton is about to be created a Peer forth with. The Whigs intend to start the Hon. George Anson for the county of Stafford, and that gentleman left town this morning, for the purpose of commencing his canvass. We rejoice to hear that he will be op posed by a good man and true. It is a fortunate oc currence for Mr. Littleton that his reconciliation with Mr. O'Connell (which as our readers will recollect, took place last session) has prevented " the Dictator" from offering any opposition to the sop which, in this shape, it is intended to give to the Member for Staffordshire, as some amende for the omission of his name in the list of the late Ministerial arrangements. Mr. Littleton, as we informed our readers at the time, was never, in any shape, communicated with, or consulted upon, the forma tion of the present Administration. Theremonstrances however, of some of his friends in the Government have at last procured for the Hon. Gentleman this so long sought-for honour ; and Mr. O'Connell, as we have stated, did not oppose his colleagues in their wish " to do something" for their Chancellor of the Exche quer that was to have been. It was at first intended to set up one of the Ex-Secretaries of State (as Lord John Russell and Lord Palmerston are called) for the county of Stafford ; but this it was found would lead to a certain defeat, and so, to a certain breaking up of the Government. What is to become of these poor gentlemen ? Parliament'will meet in a few days ; and, hear it people of England I you have Mr. Fox Maule and Lord Fordwich to lead the debates, and illustrate the home and foreign policy of the country, in the Commons' House of Parliament.—i-Morning Post. THE SUN, LONDON, FRIDAY, MAY 8, 1835. COURT OF COMMON PLEAS. HUNT V. BARKLEY. The plaintiff in this case was the second mate, and the defendant was captain, of the ship Argo:. In 1831 the ves sel had sailed on a whaling expedition to the South Seas, and an Agreement was entered into with the plaintiff, that he, in common with the rest of the Crew, should be entitled to a share in the proceeds of the expedition. On their arri val in the South Sea in April, plaintiff had been put ashore by the captain at a place called Keemal, and th ere w ilf u ll y abandoned by him without provisions of any sort, or any means of obtaining his passage home to En g l an d. O n hi s return in 1832, plaintiff having in the meantime succeeded in working his passage home as a common sailor, he brought an action against the owner of the vessel, to recover his wages and a share of the proceeds, which action, after many delays, caused by the absence of material witnesses, was decided in plaintiff's favour in 1831. Plaintiff afterwards instituted proceedings against the present defendant to ob tain compensation for the injury inflicted upon him by his abandonment at Keemal ; and a writ was served upon him on board his vessel, then lying at Gravesend. They had subsequently sailed again for the South Seas, and defendant's attornies had obtained a rule before Mr. Justice Vaughan, for twelve months' privilege to amend their pl ea , on t h e ground that they had received no instructions from him as to the course of defence they were to adopt. Mr. Sergeant TALFOURD now moved for a rule to show cause why this order should not. be rescinded.--Rule granted. VICE-CHANCERY COURT. CRAWSHAY V. THORNTON. This demurrer, which occupied the greater part of the day, involved matters of great importance to the mercan tile world. Mr. JACOB, in support of the demurrer of the defendant Thornton to this interpleader bill, stated that the bill repre sented Crawshay and Co. to be iron merchants and wharf ingers, and owners of a bonded yard for foreign iron. In 1832, Messrs. W. and T. Raikes and Co. deposited with them certain parcels of iron. In June, 1833, an order in writing was brought to the depositories, signed by W. and T. Raikes and Co. requiring them to weigh and deliver these parcels of iron ; and a verbal message was left that the same was intended for Mr. Thornton. Upon an appli cation being made for the iron one of the plaintiff's wrote in pencil the name of Thornton before the parcels in their books. About March, 1834, the defendant Thornton ap plied to them to know the particulars of the - iron, which they held on his account. One of the firm called on Richard Mee Raikes, who then carried on business under the firm of W. and T. Raikes and Co., to ascertain whether Thornton was the person entitled to the iron, and upon re ceiving an answer in the affirmative, he made an entry in the books opposite to the parcels, " Bth March, 1834, transferred to H. S. Thornton,' and the firm wrote a letter to Mr. Thornton in these terms : " March 8, 1834. " Sir,—ln compliance with your request, we annex a note of the landing weights of the various parcels of iron trans ferred into your name by Messrs. W. and T. Raikes and Co., and now held by us at your disposal. We are, Sir, &c. " CRAWSHAY and CO." In the course of some time after, Raikes became bankrupt, and his assignees claimed no interest. But shortly after, on the Bth of October, 1834, Crawshay and Co. received a letter from Lemme and Co., informing them that the whole of the iron was the property of Messrs. P. Daniloff and A. Lubinoff, merchants at St. Petersburgh, and . that W. and T. Raikes and Co. had been their agents for sale, and had.no power to pledge ; that it was understood that part of it had been pledged to Messrs. Labouchere and Co. The letter then required them to treat such pledge as a nullity, and to hold the iron for the original owners, whose agents the writers were. Both Mr. Thornton and Messrs. Daniloff and Co. subsequently demanded the iron, and had commenced actions of trover against the plaintiffs, who sought to make the parties interplead. An application had been already made to Mr. Justice Bosanquet, in his chamber, under the Interpleader Act. All the facts had been stated, and all the cases upon this subject had been cited before him, yet that Learned Judge refused to inter fere. And it was now submitted there was no ground for interpleader in this case. The plaintiffs were mere agents, holding goods for their principal. The Learned Counsel cited all the cases upon this subject at great length. Mr. KNIGHT, in support of the bill, said the case as set up was, not that the deposit was wrong, but that the pledge, after the deposit, was wrong. Messrs. Raikes and Co. did an act, in depositing the iron in the bonded warehouse of the plaintiffs, which did not of necessity imply that they were principals. The act was consistent with their duty as agents of Daniloff and Co. ; and the plaintiffs became thereby in fact the 'agents of Daniloff and Co. Then oc curred the transaction with Thornton, which gave rise to the present dispute. The right of Raikes to make the transfer to him is disputed, which entitles the plaintiffs to call upon the two parties to interplead. The Learned Counsel com mented on a variety of cases upon this subject at great length. His HONOUR observed, that as he would have an oppor tunity of consulting with Mr. Justice Bosanquet upon the subject, he thought it but respectful to the Learned Judge to inquire into the reasons of his opinion, after which he would deliver judgment upon the demurrer. COURT OF KING'S BENCH. GILLONV V. SIR J. SCOTT LILLIE. This was an action on a deed of covenant, by which de fendant and one Thomas Lillie agreed to pay an annuity of considerable amount to the plaintiff, his executors, admini strators, or assigns. After hearing Counsel, the COURT decided that judg ment must be entered for the plaintiff. CHAPMAN! V. KEENE. Lord DENMAN said that in this case the Court had taken time to consider the judgment. This was an action on a bill of exchange, which, when it became due, was in the hands of a person named Willsher ; but notice of the dishonour had been given by the clerk of tha present plaintiff, who was not, at that moment the holder of the bill, but who was one of the parties upon it. At the trial of the cause, which took place before Lord Chief Justice Tindal, at the last Assizs.:3 t LOW C.7a nonsuit was entered, on the ground that the notice should have been tlle p:•rzon Avho at the moment of giving it was the holder of the bill. A motion had since been made to set aside that nonsuit, and have a new trial. The Court thought that the case which decided that the notice must proceed from the holder of the bill, were not well decided, and were not justified by any well recognised principle of law.—Rule absolute. COURT OF EXCHEQUER. POLICE INTELLIGENCE. HATTON-GARDEN. Yesterday James Macarthy, Thomas Braithwaite, and James Robinson, alias Carrington, pauper stone-breakers be longing to the parish of St. Pancras, were brought before the Magistrates of this office, in the custody of Inspectors Titterton, Oakley, and a strong body of the constables of E division, charged with having been concerned in a despe rate outrage, and assaulting the officers. The case excited considerable interest, as the outrage arose out of the proceedings of an election for vestrymen, and the friends of the various candidates have adopted the most indefatigable endeavours for the success of their fa vourites, and placards and handbills have been indiscrimi nately circulated, some of them calculated to excite the feel ings of the poorer portion of the parish, and to cause a preju dice for or against the candidates. Some of the bills had actu ally got within the walls of the parish workhouse, and the stone-breakers, most of whom are very hardy men, who had obtained possession of them, began to exhibit a discontented and refractory disposition, and it is strongly suspected that they were induced to attend the street where the election was going forward, to oppose those who were going to vote inimically to their interests, as numerous bodies of them at tended, and hustled the electors, made use of blackguard and threatening language, and greatly impeded the progress of the proceedings. Indeed, their violence arrived at such a pitch that it was found necessary to make an application to the police for their interference, and on Wednesday after noon inspectors Titterton, and Oakley, and a strong party of the E. division, proceeded to William-street, St. Pancras, where the election was carried on, where they found the prisoners and a formidable party of ruffians insulting every body as they were bending their course to the vestry-room, and causing the greatest disturbance. Macarthy and Braith waite, who were the ringleaders, were extremely active, and treated the remonstrances of the police with violent resist. ance, and struck and pelted them with missiles ; they were, however, pursued, and taken into custody after a desperate rencontre. Mr. Murphy, who was prominent in the election, was followed by a tremendous gang of the fellows, and had it not been for the protection afforded him by the police and his friends, an attack, which might have proved very serious, would have been made upon him. Some respectable persons in the parish encouraged the prisoners and their companions to outrage and acts of violence by making use of exciting language, and had it not been for the arrival of the police, some gentlemen holding official situations in the parish would have been grossly maltreated, and probably have lost their lives. Inspector Oakley, being sworn, stated, that in consequence of having received a letter from the vestry clerk, intimating that dangerous consequences were likely to accrue at the election for vestrymen unless the police attended, witness, in company with inspector Titterton and a number of men, .repaired to the spot, whero they found an immense body of the stone-breakers committing assaults upon the electors, and creating a great disturbance. Macarthy and Braith waite were the ringleaders. Macarthy acted in a most des perate manner, and assaulted inspector Titterton, and ran . off, followed by more of his fraternity. He was pursued until he arrived in the New-road, when he seized a broom stick, with which he fought against the officers, and made a blow at one of them, swearing he would kill him, but it missed him, and the prisoner was apprehended. He• here handed a printed bill to Mr. Laing, adding that several of them had been circulated through the parish, and amongst the stone-breakers. It was as follows, viz.:-- " THE STARTING PAUPERS who have been refused relief, and labourers at the stone-yard, to whom Mr. Douglas wanted to give sixpence per day to sup port themselves and families, or to have another of his Dun geons built at the workhouse to imprison them in, are invited to meet their oppressors at the Parochial Committee Room, No. 48, Gower-place, Euston-square, on Tuesday, Wednesday, and Thursday, precisely at four o'clock, " To Demana Justice of their Oppressors. " Monday, May 4, 1835." Mr. LAING inquired whether any of the parties who were assaulted were present ? Inspector Titterton corroborated inspector Oakley's evi dence, and proved having been struck by Maearthy. He was blocking up the passage leading to the vestry-room, with several other stone-breakers. Nos. 40 and 41 E proved that they told Macarthy to go away, when he refused, and he aimed a blow at Titterton, and fought through them. On arriving near an apple stall, in the New-road, he seized on a broom, and exclaimed, " I'll do for you ;" and he fo-17 1 :t in a desperate man ner, while the others pelted them with stones and missiles. An elector here stated that whilst he was proceeding to give his vote he was pushed and hustled about by the pri soners and their party. He identified Macarthy as being the ringleader. Mr. LAING—Are any of these fellows electors ? (Laughter.) Inspector Oakley—All of them are paupers and stone breakers. Macarthy has been convicted as a no torious smasher (passer of bad money), Robinson is also well known. Several other officers proved having seen the prisoners pelt the officers. On Macarthy being taken into custody he kicked and bit the officers in a most desperate manner, and they had great difficulty in taking him to the station souse. The overseer of St. Pancras stated that he was a stone breaker, and a very desperate man. Mr. LAING asked Macarthy what he had to say to the charge? Macarthy—l only went there to see the election. I deny the assaults. Mr. LAING (to Braithwaite)—What have you to say? Braithwaite—l went to St. Pancras for relief, and I am out of work. I only went there. Robinson denied having taken any part in the affair. Macarthy was convicted in the penalty of 51., or two months' imprisonment, and the others were fined forty shillings each, or one month's imprisonment in the House of Correction. Two other desperate looking fellows, stone-breakers, were then - Charged by Mr. Moore, one of the Directors and Guardians of the poor of St. Pancras, with having as saulted him. The prisoners denied the charge, but they were ordered to find bail. Mr. Moore—Pray, Sir, can't we proceed against Mr. Banke for the violent and exciting language which he made use of ? . Mr. LAING—We cannot interfere with language here, unless it is a personal threat from which you entertain fear or danger. Mr. Moore—The language was extremely exciting, and was calculated to cause an attack upon me. Mr. LAING—Did he use'any threat towards you ? Mr. Moore—He did not. Mr. LAING—Can you swear that you go in danger of life in consequence of what has been said to you ? Mr. Moore (hesitatingly)—l certainly cannot. I could soon prevent that. Mr. LAING—Has he said or done anything to you to induce you to commit a breach of the peace ; if he has, than we can interfere ? Mr. Moore—l cannot say that he has. Thus ended the proceedings, and Mr. Moore quitted the office with his friends. SUICIDE OF ADMIRAL LEWIS. Yesterday an inquest was instituted relative to the death of Admiral John Lewis, at No. 2, Avenue-road, St. John's Wood-road, where deceased resided when he committed the dreadful act which deprived him of life. The following is the evidence adduced on the melancholy occasion : F. G. Hicks, 33, George-street, Hanover-square, being sworn, said—l am a surgeon. I knew the deceased for many years, and have attended him professionally, but not so within the last nine months. He was sixty-five years of age. Yesterday morning, at half-past seven o'clock, I was called to deceased's house, and I found the unfortunate gentlemen lying on his bed quite dead. I examined the body and perceived a wound on each temple. There was a communication between the wounds which satisfied me that they were caused by a bullet. The deceased's death must have been instantaneous. There were two pistols on the floor of the room, and there was a mark on the shutter of the window, seemingly from a bullet. Coroner—When did you last see deceased? Witness— Last Monday. Coroner—Was there anything particular in his appear ance ? Witness—There was. He has appeared very strange for some time past. About six months ago I attended a member of his family, and when I was about to leave, which was in the middle of the night, he pressed me to have some breakfast. While we were partaking of the re past, he was very much confused, sometimes calling for things that were on the table, and he put the cream into the teapot. These circumstances made me think that de ceased's intellects were impaired. I have latterly fre quently seen him put his hand to his head as if in pain. He was a Rear-Admiral in the British navy, and while I have been acquainted with him seemed generally in excel lent health. Mr. John Lewis, a Lieutenant in the Hon. East India Company's Madras service, said—The deceased was my father, and I lived with him. I saw him last, alive, on Tuesday night, and wished him good night, as was usual, being about to retire to bed. fle answered me in the same manner, and I then retired to my chamber, leaving him down stairs. The next morning, while I was dressing, I heard the report of fire-arms, followed by the falling of a heavy body, I ran to my father's apartment, and disco vered him covered with blood, leaning against a clothes' press. Two ladies, living in the house, were in the room when I entered. I saw that my father had shot himself; He was insensible, and soon breathed his last, A Juror—The'night before his death did he seem un- easy Witness--He did ;he seemed very much wit' and evidently forced a calmness. A Juror—Was your father married ? Witness—He '. A Juror—Did his wife live in the house ? Witness--N°' A Juror—Did you consent to the marriage ? Witness--• I was never consulted about it. A Juror—Had you not some words with you r the! about his marriage ? Witness—l never quarrelled did him. I had remonstrated with him relative to it , but 1 ,": not know that it had actually taken place until th e night previous to his decease. When my father declared tbas such was the case, I said, " We must make the best of it , then ; I won't desert you." A Juror—Whenever you talked to your father as to 'lift marriage did it have any effect upon him ? Witness•". Very much so ; it seemed to excite him a great deal.: • A Lady named Rebecca Whatly confirmed the sta' ment of the last itness. A Juror—He w has recently married, I believe ? Witness —I heard him say that he had. to A Juror—The present Mrs. Lewis was a ser vant him ; was she not ? Witness—She was. I know nnttr s of her as Mrs. Lewis. I only know her as deceas servant. n A Juror—When did you last see her? Wit ness-4 loolu* January. She quitted his service on the 18th of that wt. om _., Wit A Juror—Was she not in this house yesterday. —I can't say. I believe she was. h ling 3 0 Other evidence, confirmatory of the preceding , given, the Jury returned a verdict—" That the clec e shot himself while in a state of temporary insanity?' DERONIE V. TAIRIE AND OTHERS. Sir FREDERICK POLLOCK having been heard in this case to-day, Lord ABINGER observed, that this was an action for the infring emen t o f a pa t en t f or manu f ac t ur i ng sugar f rom cane Juice. At the time it was tried he had a strong impression that he ought to nonsuit the plaintiff; but he felt that the trial w as a tt en d e d w i t h muc h expense , an d if th ere was a scintilla of evidence he ought to send it to the Jury. There was a verdict for the plaintiff. The Court, in granting a new trial, would accompany it with this rule, that if a ver dict should be for the defendant the costs of the first trial should be costs in the cause ; but if the verdict should be for the plaintiff, they should not be costs in the cause.— Rule for a new trial absolute. WILSON V. HUMPHREY. Mr. PLATT showed cause against a rule obtained by Mr. Erle, calling on the plaintiff to show cause why the verdict in his favour should not be set aside, and a new trial had. It was an action of trespass against the late Sheriff of Lon don, for seizing the plaintiff's goods under a ji. fa. directed against the goods of James Wilson. The cause was tried in the sittings after last term, before Lord Abinger.—Rule absolute. ARCHCES' COURT. TONGUE V. ALLEN, FALSELY CALLED TONGUE.- JUDGMENT. This was an appeal from the Consistorial Court of Lon don, and involved a question of considerable importance as regarded the construction of the New Marriage Act, rela tive to the false publication of banns. The case was ar gued on the appeal on a former Court day. Sir HERBERT JENNER this day gave judgment. He stated that this was an appeal from the decision of the Court below, in a suit promoted by the father of a minor to set aside a marriage, on the ground of undue publication of banns. The minor was the son of Edward Toligue, a con siderable landed proprietor in Staffordshire. The son was born in 1815 ; and in 1828, being placed at school near Birmingham, he was known and passed as Croxall, though his name was Edward Croxall Tongue. Mrs. Allen, the party proceeded against, was described as a widow, of the age of thirty-five, and acted as housekeeper to her father, who was the keeper of the school. In 1833 Edward Croxall Tongue and Mrs. Allen agreed to be married by banns, which were published at St. Michael's, Bristol, the names being described as Edward Tongue and Mary Ann Allen, spinster. The marriage was solemnized on the 26th February, the young man afterwards returning to the school as a pupil, and Mrs. Allen continuing to act as housekeeper. Edward Croxall Tongue went home as usual, at the holidays, without Mrs. Allen going with him, not one of the family of the young man knowing that the marriage had taken place. From information, however, the father had received, the marriage was discovered, and he sent his son abroad, and took proceedings to set aside the marriage. The young man, at the time of the marriage, was between seventeen and eighteen years of age, and Mrs. Allen was a widow between thirty-four and thirty-five years of age. The question, therefore, the Court had to consider was, whether, under the existing marriage law, this was a valid marriage. Under the old law it would undoubtedly have been invalid ; the knowledge of either party to an undue publication of banns being necessary to set aside a marriage. But the great alteration in the law was in the 22d section of the new Act, which was to the effect that "if any persons shall knowingly and wilfully intermarry without due publication of banns, the marriage of such persons shall be null and void to all intents and purposes." Now, therefore, the mere fact of an undue publication of banns was not sufficient to invalidate a marriage, it being necessary that both parties must have a knowledge of an undue publication, though the party making an undue publication may be the person who wished to commit fraud. The Court then had to consider three questions ; first, whe ther there had been a marriage ; secondly, whether there had been an undue publication of banns ; and thirdly, whe ther both parties were cognizant of such undue publication. There could be no doubt of the fact of the marriage and of undue publication of banns, the object of which was to conceal the circumstance from the father. In all these cases positive proof could not be obtained of a concert be tween the parties to obtain an undue publication. The Legislature could never have intended that such concert between the parties should be fully proved. Under all the circumstances, therefore, the Court could have no doubt or hesitation in pronouncing the marriage null and void, the parties having having contracted the marriage knowingly and wilfully with undue publication of banns, within the meaning of the present Marriage Act. STAGE COACHES.—The last Act of Parliament respecting stage coaches does not award any penalty to the informer. IMPERIAL PARLIAMENT• HOUSE OF LORDS, May 7. l ei At the conclusion of the arguments of Counsel M, Brougham gave judgment in the S co t c h appeal of WA ulei Adams, affecting. the decision of the Court below. Par ill- Lord Dorchester took the oaths and subscribed the t , mentary roll. Their Lordships adjourned till ten o'c lock morrow morning. MR. O'CONNELL AND MR. D'ISR Mr. Morgan O'Connell presents his compliments to Editor of The Sun, and requests his insertion of the er closed letters : COPY.) A ISO 31, A, Park-street, Grosvenor-square, MAY 6 ,, Sir,—Not having been fav o ured with your refq "letter second letter of yesterday, I thought fit to address a co r to your father—and fcr this reason, I deduce from ru r c or munication, delivered by Mr. Ffrench, that you do Ot , ot it sider yourself responsible for any insults o ffered by father, but only bound to resent the insults which be n° buni ceive. Now, Sir, it is my hope that I have i nsu lted re o assuredly it was my intention to do so. I wished t° test the utter scorn in which I hold his character, and the iifing with which his conduct inspires me. If I failed in CO this expression of my feelings to him, let me more st l „" fully express them now to you. I shall take every ° Pr o d nity of holding your father's name up to public conteellr o si I fervently pray that you, or so me one of his bleetich j attempt to avenge the unextinguishable hatred with shall pursue his existence. I have the honour to be, Sir, Your obedient servant, v i,j, Morgan O'Connell, Esq., M.P. B. D'ISBAP hursda May 7, 18 0 Sir,--I have this moment received youry, l ette r of 0 1 44 inst., which was left at Clarges-st re et, during my ab sen t . ii half-past eleven last night. Your letter of the sth to which you declare that you " did not intend to cony% yout any personal insult," followed by a publication, of wil l c osy gave me notice, induced me to think that the matter wt 9 t hx; eluded between us : the tenor of your last letter is suG'" it is impossible for me to renew the correspondence. 00 In the Postscript of your letter of the sth inst., r u e: that you feel it your duty to publi s h th e co rrespondelle p od accordance with that view, I send y our l as t communica ti° my reply to the Press. I have the honour to be, Sir' t - Your obedient serlrefi:,/,. MORGAN O'CONZdEIa B. D'lsraeli, F,sq. THE WtSIC. THE MARKETS COUNTRY CORN MARKETS DURING THE Wheat.. Barley. Oats. 0 Per Quarter. Is.to s. s. s. s. to 8. S. tO 6landford 40 13 31 2 3 43 40 52 30 311 15 22 30 40 41 38 29 -- 24 50 / Chard 36 42 28 32 20 24 06 40 42 50 23 34 19 24 37 40 Long 5utt0n........ 34 44 92 24 35 Louth --...--,.... 35 43 28 32 13 23 32 .I L ` Lynn— 34 49 26 32 03 24 32 ••• Newark 34 42 26 35 18 24 32 35 ' „ Nottingham 40 45 28 37 19 28 35 42' reterborough 30 40 28 37 21 26 36 ' ✓ Plyntotatli,--.-- 40 50 30 34 20 23 "r. 67 -- 43 27 _. Sleafonl 65 70 36 38 22 2 8 4 1 4 g i Uppingham 30 34 39 25 29 20 ;36 4 " Wisbech . 45 .00 43 3IA 36 4 R K ET. May- 7. Per Quarter.. s. o• to 06 0 Barley g .3 0 su .„ Oats 30 Beans (per sack) 2O 0 0, Flour (per bag) Bread (per DEVIZES CORN Per Sack. s. d, s. d. Best Wheat.... 22 0 to 23 0 Second l9 0 21 0 1 birds l6 0 17 6 1317 Sacks of Wheat sold} 19 6 at the average of LEEDS CORN MARKET.— May 5. 5g1. , d Wheat, Nlrfolk and SuffOlk, 601 b. York. and Lincoln. 601 b. Barley, Norfolk and Suflidk 2 8 3, to 3. 7 .. . Yorkshire and Lincolnshire Grinding Beans 63lb. 6 ,5 ..i. Oats, l'otatoe . i d. Pe r Or —Mealing, For. 12d. to 13d Eng. 9.1. to ..ok4 ) ,_ n t `; , / Shelling - Rapeseed, English, 251 to 27. ~i, LIVERPOOL CORN EXCHA N GE...may to WIIEAT, English, White, per 701 b. Red - - Scotch, Welch, and Manx ' 5 11 - Irish, White -- Red ........... .. 5 6 Foreign 3 6 OATS, English, Welsh, and Scotch, per 451 b..... ...... - Irish - Foreign BARLEY, English, Malting, per Imp. quarter 'ti e s - Scotch and Irish, per 601bs. Feeding 3 8 4 BEANS, English, per Imperial quarter 37 0 - Irish, &c. - Foreign PEASE, English, per Imperial quarter 4O 0 38 0 Foreign FLOUR, English, per 2801 b. 37 0 - Irish 25 0 OATMEAL, English and Irish, per 2401bs INDIAN CORN, per 4401 b. St, , RYE, per Imperial quarter 52 0 MALT, per Imperial quarter I mr , o&r OF GRAIN for thef Week ending May 4 1 C Wheat. I Oats. Barley Flour. ,:l ai s. Ors. 62 . Qrs : . 1 1 a,3 Forei_gn, Brls. Irish , Sc. l). c 1 2 .Scke ..,1...... ( 0 . 10 f ; SOUTHALL CATTLE MARKET.—May 6 • (114 - sof , The supply of Beasts, Sheep, Calves, and Porkers, to th 0 of ,4 0 ket was moderately good. There was a moderate attend lieja 1 1° ' and country buyers, and the trade was dull, at the fol low , i per stone of Sib. to sink the offals Beef Mutton 3 4 4 4 I Pork Lamb ss. lid, to 6s. Od. °35- 'l :::: 66. ff 1 Beasts, 131 ; Sheep, 4 828; Calves, 43; Pigs, 51. A sin the supply left the market unsold —...—.... , t ROMFORD MARKET.—May 6. isiti c ... s 0 s. d. to s. d. 3 8 - Beef 2 8 310 Veal .............. .. ..... .., 4 . j Mutton Lamb ss. Ckl. to ss. Scl. 83 ' e a ° Suckling Calves, 7s. to :Xs.; Quarter old Store Pit;s. ~. Mulch Cows, with their small Calf, 10/, Os. 'o 131. t'°. ~." Supply moderate, and trade rathri. dull. • , - -.....----------• 40. LEWES MA It KET.—May 5. to 4l lo Beef I Mutton 3 6 4 8 Pork 3 0 o v Lamb A moderate supply ; trade with the prim Beef and. 1 411 : brisk, but otherwise dull. ,"".2' . - I — --'-' JO BIRTHS. v- On the 6th inst., in Brompton-square, Mrs. FAlwart' daughter. ire On the sth inst., the lady of J o h n E vans , Esq., „VP of a daught e r, J. Ifi" On the 7th inst., at Greenwi c h, th e l a dy o f CharhES o * Re n Esq., of a son. te the On the 6th i ns t., a t A or i se R ectory, K ent, t h e l a d Kennett C. Bayley, of a son. ..... MARRIED. of ° lf sok , On the 7th inst., a t B a tt ersea , R o b ert H u d son , E 1/I.l', , ham-common, to Julia, eldest daught er o f J. A. TIV 1 O b P ..1 1 the same place. p o ivf On the 29th ult., S amue l B r i ggs, E sq., f ormer ly to Consul at Alexandri a , E gyp t, an d now o f London, I{o 4 ' job third daughter of John Larking, Esq., of Clare House I ),,ioli. ei elefr On the sth of Ma rc h, a t S t . H e l ena, Li eutenan tov - Cbl ho lsid Cheape, of the Bengal Engineers, to Amelia Fran( ir9 of w eldest daught er o f Trevor Plowden, Esq., and reli r' t i c e. &ref George Maxwell Batten, Esq., of the Bengal Civil' F.O „,.0 f o rtil On the sth inst., at St. James's Westminster, Ge ;:liere ut o Esq., third son o f Ed war d B o l ton Cli ve, E sq . , M. ..P. „f ° Forq , to Arabella Marth a , secon d d aug h ter o f Si r Tho a l as 13 ' . 0 Iv Bart. Gl t : 11 On the 7th inst., at St. George's, Hanore',,,squaxef s e „' Leigh Thomas, of the Hon. Company's S , ,rvi ce , to ces ter t e, dell, youngest daughter of H. L. Thomas, Esq., of 1 , „e',,, F e lde ) te r On the sth inst., at Effingham, Se,rtes, the -"' e oaris Wrench, AL A., Rector of Stowting, Kent, to Eliza'. vpf' daughter of Capt a i n J o h n St r i nger: of Hill Lodge. n the l i te' On the 29th u lt., at Stantor,..by-Bridge, Derbyshi r-' l a te Henry Stonhouse, to Emily, youngest daughter of tl le William Sturt. :~ - se ll ; DIED. t On the 6th inst., in Piccadilly, the Viscountess d f if irSe r widow of his Excellency I. Paulo Bezerra, Prime John VI., King of Portugal. On the 6th inst., in Furnival' s Inn, Wm. E Sit ao h, On the 6th inst., at Loughton, i n Essex, aged 65, • t y, widow of J o h n D av i son, Esq., of the East India How t• Ate or ;dr , On the 4th inst. in her 28th y ear , Lucy Ann, tl" v`.. o f William Bird, of Basingh a ll- s t reet , and eldest dal 4.bte4 Wells, of Rock Hill, Chipping Norton. On the 4th inst., at Dunchurch Lodge, War oicish ir AO' 54th year, Frances, the wife of John William S- ,With, ES9' " si o A P i, On the 3d inst. at Forres, North Britain, M r . Willi ag eo late Secretary to the Commercial Dock Con , i L o ndol On the 2d i ns t., at E n fi e ld , M rs. Ann darbelo„,lo her On the 29th ult., Mrs. Sarah Meard, , of Chelsea. London : Printed and Published- oy MURDO YOGI tie 112, Strand, at The Sun is itfice, No. 112, Strand, in t; of Middlesex. *II lIIf • eu Ag Nd ket ~., kr ( Si °, or; EM to s . Cot ( h t , Sea