The Sun. — London, England, 1841-11-05 00:00:00

EVENING SUN NEW NOVEL EDITED BY THEODORE HOOK, ESQ. 1 ceiving the than ks of the two Houses of I Now ready at all the Libraries, in 3 vols:post Bvo., Parliament for his paper exploits before THECan- PARISH CLERK. ' ton. Fortunately some of his " Special Edicts," By the Author of " Peter Prigv,ins," EDITED BY THEODORE 110 - 01 i, ESQ. have preceded him, so tha t from them Parlia- These singularly clever and spirited volumes will be read with unfailing interest and oititement. They more than sup. ment may learn to ac q uit itself handsomely with port the reputation of their still anonymous author—unless , in- out the omission of any of his high-sounding titles deed, they have been concocted, as well as their no less racy From his last to the people of canton beginning and original predecessor, ' Peter Priggins' ((Beaumont and i „ , , Fletcher fashion) between th e two writers whose name an d , the thimmator3,7 part with "Now A GREAT want of n a me they hear."—Naval and Military Gazet te. MINISTER," the clerks of the Lords and Henry Colburn, Publisher, 13, Great Marlborough-street. Commons will find ample materials for their guidance. How we regret that there is no gar ter vacant to grace the leg of the conqueror of LIN, in the art of penning exterminating edicts ! For the details of the news from India we re fer our readers to our extracts from the Anglo- Indian Papers. Just ready, in 2 17c15., post Bvo., with numerous Illustrations, by Leech, &c., including several fac-similes of rare and unique old Prints, MERRIE ENGLAND IN THE OLDEN TIME; Or, PEREGRINATIONS with UNCLE TIM. and Mr. BOSKY, of LITTLE BRITAIN, DRYSALTER. By GEORGE DANIEL, Richard Bentley, New Burlington-street, Publisher in Ordinary to her Majesty. Some of our Tory ;Contemporaries have lately renewed the war against machinery and im provement, which ignorance and prejudice have waged at all times. That new inventions and contrivances may injure individuals, is proved every day. The use of railroads has almost put an end to travelling post, and postmasters and innkeepers are suffering very severely from a change in the mode of travelling, which is of great benefit to the multitude of travellers. In like manner, the substitution of power-looms for hand-looms, of spinning-mules: for spinning jennies, of self-acting mules for spinning mules, has lessened the employment for hand-loom weavers and spinners, and reduced their wages; but all the consumers of the products of the loom are very much benefited by the cheap produc tion of an increased quantity of cloth. In all questions of legislation we are bound to consider chiefly the advantage of the numerous classes of travellers and consumers, for whose benefit roads and weaving exist ; but we are not wholly to overlook or neglect the few who suffer by such THEATRE ROYAL, COVENT GARDEN. • U YDER the MANAGEMENT of MADAME VESTRIS. THIS EVENING, NOV. 5, Will be performed Sheridan's Comedy of THE SCHOOL FOR SCANDAL—Sir Peter Teazle, Mr. W. Farrell ;. Sir Oliver Surface; Mr. Bartley ; Sir Benjamin Backbite, Lk. Harley ; Joseph Surface, Mr. Cooper ; Charles Surface, Mr. Charles Mathews; Moses, Mr. Meadows; Lady Teazle; Ma dame Vestris ; Lady Sneerwell, Mrs. Orger ; Maria, Miss Cooper ; Mrs. Candour, Mrs. Glover; After which, Sheridan's Dramatic Piece of THE CRITIC. Sir Fretful Plagiary, Mr. W. Farren ; Puff, Mr. C. Mathews; Sneer, Mr. Cooper ; Don Verolo ,Whiskerandos; Mi'. Harley ; Sir atter Raleigh, Mr. Meadows; Tilburina, Mrs. Oiger. Doors to to evened at halt-past Six—the perturbaances to e)mreence at Seven. Dress Boles, 7s. ; Second Price, 3s. 6d.; First and Seconn Cirdcs, 55. ; Second Price, Pit, 35.;. Second Price. 21. • Gallery.. Is. Tickets and places for the Boxes to be taken Of Mr. Grogan at the Box-office, from Ten till Four, where Season Tickets may be had upon application. Private Boxes to be had sorely of iqr. Andrews, bookseller, I ;7. New Bond-street. To-morrow, Norma, with a New Farce, entitled The 'Wrong Man. t OyA L SURREY THEATRE. UNDER TIE MANAGENIENT OF MR. DAVIDGE AND MR. WILLIS JONES. Wonderful Novelty Two Equestrian Spectacles in one Even ing,. "Blenheim" at Half-price, and more New Scenes in the Circle. THIS EVENING, NOV. 5, Will be presented the gorgeous Equestrian Spectacle, entitled COARLE3IAGNE ; THE STEED OF CHIVALRorses,Y isetralueing Mr. Ducrow's ma g nificent Stud of Forty H higtilly-trained Palfreys, Fairy Finley., Equestrian Troop, and Companies of hoth Theatres. Atter whicii, NEW SCENES IN THE CIRCLE, in the Largest Arena in the World, in which Madame Ducrow, Sig nor Hillier, the Great American Rider, the British Horseman, Signor Felix'Carlo, and the First Artistes in Europe will appear. To conclude with THE BATTLE OF BLENHEIM ; OR, THE HORSE OF THE DISINHERITED ; embracing all the Alilitary Exploits of the Great Duke of Marlborough, Grand Rtocews, Battles, and Glorious Victories. - - - ROYAL VICTORIA THEATRE. `INDER THE DIRECTION OF MR. OSBALDISTON. Continued succession of Novelties, first week of another New Domestic Drama, and second week of " Katty O'Shiel," and " Simon Lee." MIS EVENING, NOV. 5, Will be performed a Nev Domestic Drama, called THE. WRECK OF THE HEAR T : OR, THE STORY OF AGNES PRIM ROSE.Wm. Norwynne, Mr. Dale, - Henry , Mr. Seaman • Old Primrose, Mr. Cullen• Ralph, Mr. Gard. d. ; Agnes, 'Mi ss Vincent, the acknowledged Heroine of Do mestic Drama. After which, SIMON LEE; o r, the MURDER of the FIVE FIELDS COPSE. —Simon Lee, Mr. E. F. SaVille ; Walter Ilatherleigh, Mr. Dale; Japhet Jones, Mr. Gardner ; Dicky Ding, Mr. Paul ; Grace, Miss Vincent. To conclude with, RAFFAELLE the REPROBATE. Boxes, `2s —pit, Is.•-6 , lllery, tid. Half-price to the Boxes twiny, at Half-past Eight. To. morrow, Wreck of the Heart, Katty O'Shiel, and Rat faelle the Reprobate. THE RAILWAY SUN. NOTICE.—A New Edition of the RAILWAY SUN is NOW PUBLISHING. THE CHINA SUN AND THE PA RIAAMENTARY SUN, ARE STILL ON SALE, PRICE SIXPENCE EACII. Sun Office, Nov. 3, 1841. TO CORRESPONDENTS. The communication from Stoke-upon-Trent has been received, and will appear as soon as we can find room. The two letters of " Cato" have also been received, but owing to their length and the press of important intel ligence, we shall not be able to publish them. We will probably give the letter of " Fairplay" to-morrow. THE WEATHER,.—NOON, NOVEMBER 5. ROYAL CALLERY.OF SCIENCE, ADELAIDE-STREET. Thermometer.. . -. )`2 -1 . Highest 5l 1 Lowest Barometer 30.48.—Wi►ul S.E.—Freezing Point 2 Deg. --------- _ tiisH W ArEK AT LONDON 'BRIDGE TO-YlOititOVv M ,rnitur 41 mfimt.., attar 6. I Evening ......18 minutes after."" Ihe Publication of the Evening Edition of TWE SUN com menced at 10 minutes l a Three. improvements. When the question is, therefore, whether the successive inventions of machinery be beneficial to society, the answer is to be found in the mul tiplied conveniences and enjoyments which- its use has provided for the bulk of society. The few sufferers constitute at the utmost a very small portion of the whole, and their sufferings last for a brief period, while inventions and im provements in machinery, leading one to an other, benefit mankind through all ages poste rior to the date of the invention. When we consider this subject, then, in reference to legis lation, we must remember that laws which would tax or repress the use of machinery are perma nent, while the distress to be relieved by them is temporary, and the benefits they would limit and curtail extend through all futurity. If, for example, the use of power-looms had been pro hibited or restrained by a tax, there would have been a limitation to the great present demand for yarn, and, we may venture to assert that the self-acting - mule would not yet have been calie.l into existence. With that a great number of other ingenious contrivances would have been suppressed, never, perhaps, to have been in vented, had machinery been taxed, or the use of it restrained. The vast future benefits growing from every useful invention, and such as are not useful are soon cast aside and forgotten, should be, in making permanent laws, or laws intended to be durable, perfectly decisive against taxing or restraining the use of machinery. Moreover, it should be considered that even those who temporarily suffer from' the introduc tion of new inventions and improvements, as a part of the great body of consumers, share in the general advantages the use of machinery confers on the human race. Ships, for example, are some of the noblest machines ever invented, and the wants even of the suffering hand-loom weavers are now comparatively easily and cheaply supplied by importations of food from various places, while the bulk of their employment is derived from the trade which those instruments are used to carry on. Looking at the employment of machinery under these general aspects, there can be no shadow of a doubt that society in all time is amazingly benefited by such ingenious contrivances as now "abound in England. But as the general benefit, not special and particular interests—as the welfare of men in the future, as well as their present temporary enjoyment, is the proper rule and guide of legislation, there can be - no manner of doubt that the invention and use of Machinery ought to receive from the Legislature as complete and effectual protection as any other species of industry, or any other kind of art whatever. We do not ask for it patronage and rewards, such as importunate ar tists, and importunate writers demand for the so• called Fine Arts, but we say that it has such transcendant merits, that the Legislature is bound to refrain from restraining or impeding the invention and use of machinery. That any man should raise a doubt in Eng land at this day, whether the invention and use of machinery, on the whole, auginents or dimi nishes employment for the people, excites in us great surprise. Why, on what does the very existence of all our sea-port and manufacturing towns depend but on the invention and use of machinery ? Ships are machines, and the great improvements recently made in the modes of impelling them by the adaptation to them of other machinery, has much augmented the inha bitants and the wealth of our sea-ports, who owe their very existence to the use of these ma chines. " Why, what," said Mr. CouttEN at the j late meeting at Stockport— , Why, what are Stockport and Manchester but the growth of machinery ?—(Loud cries of " Hear, hear.) What are Rochdale and Bolton but the growth of ma chinery ? had not the machinery of these places at tracted the cotton from India, where - it was spun upon the wheel and distaff, we should have had no such towns as these in existence. They would have been in the con dition of the small town of Buckingham, and the wretched and miserable serfs of the landed aristocracy ; and when those Men tell you that machinery throws men out of employment, these are my facts ; I point to the towns of Manchester and Belton, and Rochdale, and show .that machinery has not been the cause of a worse state of things, but has been the increase of employment, and ; given increased means of subsistence. Glasgow, Paisley, Liverpool, Manchester, Bir mingham, Leeds, Sheffield, Coventry, and two thirds of London, with a considerable number of other towns, and a large proportion of nearly all our towns, and no inconsiderable portion of our agricultural. population, are indebted to ma chinery for their existence. Since the com mencement of the last century our population, much of which, as all those then working with ships, ploughs, and looms, found employment by using machinery, has increased at least three-fold, and nearly all that increase is mainly due to the successive inventions and improvements of ma chinery. Although there is now a much greater quantity of wealth in the country than in 1700, and a much greater number of persons living at numbers, co . tlieirnu their ease on their property, employment has in creasedmTnl Le i n .e su a ra r t e e , to in th fa e ct i , nc a r greater varietyincrease e uc i h n of employments for the people. Those who take the opposite view seem to confine their attention exclusively to the few persons whom every improvement may displace, and wholly to overlook the still greater number whom it employs. The extensive new buildings at time terminus of every line of railway with which we are acquainted, the new buildings along the lines, the great shops or factories at Manche4er, Bury, Bolton, London, and other laces £6-rlocomotives , the manufacture of P • the num b e r of men who are employed to guide t h e m ; the watchmen on the roads, the addi tional colliers, miners, and smiths, to whom the construction and use of the road must give work, independent of the great increase of interchange by facilitating it—all these circumstances, when taken into consideration, will prove that the in vention of railways has, in fact, though it may have diminished the employment . for post-boys, e whole s added very much to th • um of em ployment. So the introduction and use of power looms, the effect of which seems to have been measured exclusively by the number of hand-loom weavers whose employment was diminished,. created a new species of employment for a number of per sons who manufactured them, and gave great ad ditional employment to" all the -miners, snaditers, colliers, smiths, carpenters, Scc. &c., whose la- t 7' l of!'t 4 4 . q c, • - - • , 47. M -114 Ott LO,-11114 LONDON: FRIDAY, NOVEMBER 5, 1841. By the arrival of the Overland Mail from India we have received highly interesting news from China of the 24th of August; from Singa pore of the 4th of September; from Calcutta of the 11th of September; from Madras of the 15th of the same month ; and from Bombay of the Ist of October. Sir 'HENRY POTTINGER, the new Plenipotentiary, Minister Extraordinary, and Chief Superintendent of the British trade in China, arrived. at Macao on the 9th of 'Au gust, in company with Admiral Sir WIL LIAM PARKER. On the 12th of the same month he addressed a notification to British sub jects, informingthem of his arrival, his functions, and the existence of an actual war between Great Britain and China. Of this notification a copy will he found in another part of The'Sun. It is a plain, straightforward, manly document; forming a'singular contrast to the inflated bom bast of ELLIOT., Sir H. PorrINGER promises to observe the truce with Canton, so long as it is strictly adhered to by the Chinese authorities; but be threatens active hostilities the moment they dare to violate it. His appearance in the Chinese waters created an extraordinary - sensa tion. The British forces could not restrain their joy, and when his character was repotted in Canton the deepest .gloom pervaded the coun cils o f the Mandarins. The Governor of the city demanded .a conference—a summons which have run a hundred lea gues Capt. ELLior ould in breathlesshaste to obey—but Sir H. POTTINGER declined the interview, and referred the Governor to his Secre tar y , throu g h whom he wa s t o com municate a ll propos.ar. als whi c h he ,w i shed to make to the PlenipOtentr Y receiving this in- L e Governor, was greatly dismayed, He smayed. found that he had now an officer to deal with who was n ot to be fooled after the ELLIO T fashion. The expedition was preparing to - procee d northward to Chusan and the mouth was the t of the of the 'Peiho , a n d such ord that e so rror much as Chinese .that it was rep twenty twen ty millions of dollars w ere offered to Sir H. f POTTINGER if he wou ld no t undertake it. The offer ted, indignantly refused, was, as might be exp ec and the preparations co ntinued. The substance of Lord PALMERSTCrN ,, instruc tions to Sir H. POTTINGER appeared in our, columns with the news brought by the last over land mail, and from the first acts of - the slew Plenipotentiary, we have no doubt that he will execute them firmly, vigorously, and de cisively. As questions of foreign policy ought never to be made party questions at home, we trust that the Tory Government will not ioterfere with the excellent plan laid down by Lord PALMERSTON fur settling our disputes with the Celestials. From the whole tenor of the instructions delivered' by his Lordship to Sir Porrmo En, it is clear that he wholly dis approved of the conduct of ELLIOT from the commencement; and that, but fur an • fi uence as Potent as it was injuriously exercised, that luckless fu • netionary would have been recalled the instant the first details of the opium dispute were known in this country. But the bungling of ELLIOT, will teach a lesson to his successors which the dullest of them will never dare to for get. Thus-there is 'no evil out of which some . good may not come. As for the ex-Pl e • niPotentiary, he arrived at Bombay from China on the 26th of Sep tember, and is now on his way to England, in modest expectation, we presume, of re- hour Was necessary to complete the manufacture, __ . not know till tho Chambers meet whether the disarming is positively decided.—Commerce. BOURSE—PARIS, WEDNESDAY, NOV. 3. and great additional employment to all the sea men, carriers, merchants,. brokers, &c., &c., who were engaged in distributing the increased pro ductions of the power-loom. Similar facts hold good throughout. The use of thrashing ma chines, of swing ploughs, &c., might have dimi nished the work of the agricultural labourer, but iirst Highest Lowest Lad • Price Price. Pric, Price. French 5 per Cents ll5 60 ... 115 BO ... 115 SO ... 115 70 4 per Cents ll9 25 ... SA 25 ... 99 25 ... PO 25 3 per Cents... ....... Loan .... Bank or trrance Lerida Bank I.ooof. 81. ares 1040 ...1040 ; ...RAO —lOlO ~ Belgian 5 per Cents. 5 i.er Cents., 1840— tog% ... 10.2% ... 102% ... 192 Spanish Active ........ i 2 ... 1:2 ... 21% ... 2116 Passive 5 ... 5 ... 4 7 4 ... 5 Neapolitan lO5 10 ... 105 10 ... 195 10 ... 105 10 Roman •—. 104 ... 104 ... 104 ' ... 104 RAILWAY SHARES. --_ --- it must have increased the employment for all the persons who were in any way concerned in making and erecting those machines. A gasometer is a machine without which our streets could not be lighted, and independently of the increased light, and safety, and improved morals, which are the results of the use of gas, there can be no doubt that the invention of gas has very much more increased employment to those connected with it, including those who supply the coals and the metals, than it de• creased employment tbr candle-makers and oil producers. These instances are quite suflicientio establish the .gerieral rule. The. invention and St. Germain ___ d3O .. 730 .... 730 ... 730 Versaillcu.L.b 2dl 25 ..... 201 25 ... 201 25 .. 201 25 lt. 13 3ll 25 ... 311 25 ... 311 25 ... 311 25 - lowan ................. Orleans . 478 75 ... 478 75 ." 478 75 ... 478 75 Strasburg toßalf,shares red. 233 :5 .. 233 75 ... 231 25 ... 22 125 ItFLOLAN l!UNDS—Baussai.e, Nov. 3 Actual Debt, 9% per Cent. Rothschild's Loan, 5 per Cent lOl Loan of Thirty Millions, 4 per Cent. 92 3 per Cent, --- ... 71% (1540) lOl , A, Loan of City, V:32, 4 per Cent. 93 Society ot Comm;.rec, 4yi per Cent 93 Bank of Belgium, 5 per CenL 7IX NationalS4ciety. Exchange on Londe,o (she, t) ..:.Brussels Papers, Nov. 3. DUTCH FUNDS.—AmaTraosm, NOT. 2. 'Stoney. Bills. Actual Df:bt, '2% per Cent Ditto, ditto 5 per coot. .., 994 :99% Amen Syndie,44 per cent 90% 5 , 1 1 :4 Ditto, ditto, 3 1 ,4, per cent 75% 7c' Commercial Company, 4;, per cent lsili 1551 i Ditto (1535 and 1837) 5 per cent. L oan 1837, 5 per cent. 97 9i% Exchange on London, One month lO 714 - Thirty4even. use of machinery is the creation of a new art, and a new art is new employment. In fact, therefore, however paradoxical it may seem to those who are contented with first im- pressions, as they are contented with the belief that the sun moves round the earth, the invention and use of machinery is the creation of employment. This a priori theory is confirmed by the growth of manufacturing towns in Eng land, in all of which the great mass of the popu lation find profitable, and in general ample, em ployment in arts wholly unknown to our an cestors. Two months l2 - Hamburgh, One month 55 81 1 4 Two months 35 565 4 Dutch Papers, Nov. 3. AUSTRIAN FUND3.—Vrarms, Ocr. 26 Flveper Conts.Metalliques • 10 5 14 Four per Cents. 98 .4 Three pGr Cer 1111 • 0000000 00000000000 .13 g1 Hank shares —Alleemeine Zettling. Oct. 30. HAMBURG BOBSENHALLE, OCT. SO. Bills. Money Austrian 5 per Cents. ..... ............... 107% Bank *hares 1550 Anglo-Russian Loan lOB% 108 Russian 5 per Cent. Ist series, 0-rtificate Inscription, Ist Sefi::s 101: Bustian 5 per Cent. Hop,: and Co. 3d and 4th Series ........... om. ....... •••••• •••••••••••••• 9Bli 03 Ditto in Certificates ......... ....... „ 98 971,', New 4 per Cent. (1840) . Dutch Actual Debt, 2% per Cent LO% Ditto S per Cent — -- Polish Bonds - New ticket Anglo-Danish Loan, 3 per Cer' :5; 75% Norwegian Loan, 1834, 4 per Can:... li i".`54 102% SkLaiish, New 5 per Cents.— 15% PRUSSIAN FUNDS.—BERLIN, Ocr. 30. Bills. Money. St. Schuld. Sch., 4% per cent. 10434 10S% Prussian English Loan, 1830, 4 per cent 102 101% lixchange on London, three months 6 IS I % 6_18% —Prussian State Gazette. Oct. 31. The secondary, or collateral, effects of the use of machinery are as striking as their immediate and direct effects. In Wales, for example, a vast population has grown up, chiefly of colliers and miners. But they and all the multitude to whom machinery gives employment, must be fed. The demand for agricultural produce and the cultivation of the soil, have increased as the towns' people found employment in new arts ; and to them may be traced the increase which has taken place in employment for agricultural la bourers since the year 1700. At present every person who lives in the country, except persons of property, works at agricultural occupations ; but in the olden times a great number of idle menials, . with their families and dependents, dwelt on the land. In our younger days there was no inconsiderable number of huntsmen, game-keepers, whippers-in, and unemployed and half-employed persons in every country vil lage with which we were acquainted, the mass of whom have now disappeared, and nearly all who live on the land are now employed in agri culture. A much greater increase of employ ment in agriculture, therefore, than is indicated by the increase of the rural population since 1700, is really due to the increased demand for agricultural produce, arising from the invention and use of machinery. The admirers of an agricultural population are, in fact, much in debted to the manufacturing system, which they foolishly decry, for the increase in the number of the peasantry. We have now, we think, demonstrated that the invention and use of machinery, instead of diminishing, adds very much to the sum of em ployment; and it will not be difficult to show, in another article, that, instead of lowering, it raises wages. Paradoxical as this may appear, it flows directly and certainly from the principle we have established. The real cause of the de cline of wages is perfectly different, as we will in a future article endeavour to make apparent ; when we will also suggest what a provident and wise Legislature ought to do to alleviate the great evils a few individuals continually suffer from the introduction of machinery, which we set out by admitting. Mr. E. B. SMITH, who stands charged with the forgery of Exchequer bills, was 3•esterday brought before the Magistrates of Bow-street. The depositions taken against him at the hearing were read over, some few questions were asked, and he was committed to Newgate to take his trial. Mr. RAPALLO was remanded from the Mansion-house, and will be.again brought up on the 17th instant. On him heavier suspicions now rest, from Mr. SMITH'S statement, than we Should infer from his own account that he voluntarily went to the Treasury to give information. Mr. SMITH'S statement, however, that he did not sign the bills, which was done by another hand than his, as he would not sign his declaration, is perhaps to be taken as one of the last efibrts of a man guilty of many subterfuges to conceal his greatest delinquency. At present no other per son is implicated than these two gentlemen; and they share all the guilt betwixt them. We are glad that the secret inquisition is at an end, and that the fraud, like other frauds, is to be investigated by the ordinary means,before the ordinary tribunals. It will no longer be easy to whisper away reputation at the West End, and character in the City. What has been done will now be revealed, and who has done it. We have read of late some strange phrases, which harmonise well with a secret inquisition, such as "several other parties are. placed under surveillance," a French system and a French word,—but which grates most harshly on our English ear. We hope not again to hear the words, and never to see the system to which they belong introduced here. We cannot object to the Treasury examining Mr. RAPALLO for several hours in private, when he volunteered his statement ; but as soon as it was discovered that his information went to criminate himself, and when Messrs. GOULRDIth, PEEL, and GRAHAM meant to take . advan tage of it, they ought to have informed him. He is a Genoese, and perhaps not well ac quainted with our language, nor with our cus toms. Such circumstances should be, and we are satisfied they will be, now that the investi gation is to be public, taken into consideration. Mr. RAPA LLO, too, has now an able defender, and we say GOD defend the right, and the right only. In the mean tinie; his examination at the Treasury ought to be taken with the allowances we have hinted at, and which will not be neces sary for his public examinations. What transpired yesterday is so far satisfac tory, that it implicated no well aceredited•.per sons. All the agents employed were of inferior note, and the public is probably relieved by the disclosures from many painful suspicions, both of respectable men in the City, and of men high in office. Though the extent of the evil is not yet known, much relief is given by clearly pointing out the channels through which it has flowed. The Paris Journals of Wednesday have been received. We have only space to-day for the fbllowing extracts from them : The Regent of Spain has sent orders to the agent of his Government to grant passports to all the non commissioned officers, soldiers, and peasants, who, after being seduced by O'Donnell and the other insurgent Chiefs, have taken refuge in France. This, however, is not to be - applied to such persons as had previously been in the Carlist ranks, nor those who had entered Spain before under the amnesty, and have now, there fore, been guilty of a second offence.—Constitutionnel. The Phare de Bayonne of Monday has the following: —" All the SpaniEh refugees who were at Marrae have already been sent off to their ultimate destination. Ge nerals and other officers of all ranks, to the number of 534, have received passports for various depots in the interior." A letter which we have received from Toulon, dated 29th October, says—" The captains of the Scipion, Ju piter, Suffren, and Tulen, have received orders to dis charge the servitors of the levy of 1831, and those who have served 48 months. This measure, which is also applied to the ships at anchor, or in the road, is actu ally carrying into execution, and we are now afraid that it will be extended to the seamen who have served thirty-six months. Thus between 7,000 and 8,000 men will be discharged. This is equivalent to disarming. A remarkable circumstance however is, that it seems to be 3 intend e d to k eep t h e s hi ps i n good condition. The Montebello, which it was said was to be disarmed, has that s t} rat t o say the just chan ge d one of i ts masts. O n the other hand , t he !.: oronne is going t o b e b roug ht into the basin . We have also remarked that the Government , while it • three gives them months, authorised the se amen to enter the merchant serv ice, y RTC liable to e recalled in in the month he March. All these circumstances prevent us from clearly understand , ing the intentions of the Ministry. At all events the fleet cannot possibly act during this winter. We shall THE SUN, LONnOST. FRIDAY, NOVEMIIER 's' 1841. brutality of the Irish people. As for the magnanimity of the Tories, of whom it speaks in such inflated terms of.panegyrics, where is it, when was it shown, when will it ever be sh:>wn ? Has Ireland, in particular, ever benefited by it ? Read the history of that country, and you will find the answer written in characters of blood and flame ! Proclamations of martial-law—penal statutes Without number—Church exactions—partial justice, with its accompaniments of hangings, torturings, floggings ; these are the things that speak trumpet-tongued to the magnanimity of the Tories towards Ireland l In reference to the exulting terms in which the High Churchmen proclaimed the advent of the present Minis try to power, the Chronicle observes :—"-` Io Triumphe' has been chaunted over Popery and free trade. ,The banners of salvation and starvation have floated together on the breeze. Whiggism fell before the war cry of the Church and no cheap bread. And how does the firebrand section of High Church Protestants like its success ? Where is the golden fruit it hoped to gather? What have its champions done to atone for previous recreancy, to improve the victory, and to repay the political effer vesence of religious zeal that restored them to power ? The Maynooth grant has been repeated. No symptoms yet appear of the repeal of Catholic Emancipation. kThe peni tence of the Duke and Sir Robert, publicly and clerically vouched for, evinced itself by no overt act."-.- Mother Church has of late greatly lowered her tone, and is by no means so certain of the support, sympathy, and uncompromising integrity of the Tory Government, as she was some months ago. She discovers now that she has been shouting before she was out of the wood ; and has yet to discover that a Tory Minister is no re specter of pledges, when those pledges happen to mili tate against his interest. Sir Robert will uphold the Church no • further than may suit his views of expe diency. By this, and this only, will his conduce be in fluenced. As for fixed principle, it is out of the ques tion. .As well may you expect to find the bump of con scientiousness in a lawyer, as sterling, inflexible prin ciple in a Tory Minister. When the. Bishop of Exeter gets back his long-coveted rectory of Stanhope, then will a Tory statesman fling expediency.to the winds, and take principle as his sole rule of action. The Derby Repot ter remarks, in reference to the late. municipal elections in that town :—" The Tories threw down the gauntlet, with the double object of first gain ing power in the Corporation, and, if possible, subse quently returning a Tory Member or Members to the House of Commons. Consequently the burgesses— placing no trust in the politics of Conservatives, and anxious to deliver their interests to the keeping of Re formers, with whose sentiments they agreed—broke through all considerations of private regard, and gave the victory to public opinion. In thus acting they have only taken a leaf out of the. Tamworth Quack's book of prescriptions." - The Dublin Pilot says :—" Old Lefroy—the man who proved himself ' too bad' even for the Tory Duke of Northumberland—is to have a seat on the Bench, vice old Johnson, resigned. Sir Robert Peel's representatives in Ireland have done many foolish things during their brief possession of office ; but the elevation of Lefroy— the most unscrupulous of politicians, and the most un compromising- of partisans—to an office connected with the administration of justice, outdoes all their previous absurdities." - The following is from the Wilts Independent :—" Ought a tax on food, and the New Poor-law Bill to exist toge ther ? and, Will the people much longer suffer them selves to be crucified between the two ? Let all parties interested look to it. Let the Corn-law men—the New Poor-law men—and above all let the people, and parti cularly the working classes, look to it, for them it con cerns the most deeply." DZONEY-TRADE-COMMEnCE. . At Woolwich Dockyard 70 fresh masons arc at work. The number that struck was 101. The postponed meeting upon the affairs of Messrs. Hobhouse and Co.'s bankruptcy stands adjourned to the 9th inst., at the White Hart, Bath. The shoals of herrings upon the Brighton coast this season are said to far exceed the supply of former years. NAVAL AND MILITARY. The fifth anniversary of the London Maritime Insti tution was celebrated yesterday at the London Tavern, Bishopsgate-street, where upwards of sixty naval and mercantile gentlemen sat down to dinner. Sir George Cockburn filled the chair. The Dukes of Marlborough and Wellington, on their visiting the. Tower yesterday, were observed accidentally viewing at the same time the smouldering embers of the trophies from the two gr?at .fields of Blenheim and Waterloo. LAW ARID POLICE. In the Court of Admiralty yesterday, a suit was brought, at the instance of the Crown, against the steam vessel the Duke of Sussex, belonging to the Commercial Steam-packet Company, for damage done to her Ma jesty's steam vessel Lightning, on the 3d of January, 1841. The vessels came in collision, and both were damaged ; the Lightning to the amount of 301., and the Duke of Sussex 461. The officer in command of the Queen's steamer acted on the rule laid down by the Tri nity-house, that vessels on different courses should put their helms a-port when there is a risk of collision, while the Duke of Sussex put her helm to starboard. The Trinity Masters were of opinion that the Duke of Sussex was in the wrong, and the Court pronounced for the damage. It will be seen from the Bow-street report, that Smith, late principal clerk in the Exchequer . Bill-office, was fully committed to take histrial for forgery. • Mr. Gundry, whose name is so well known at the Marlborough-street-Police-office, was brought up yester day for further examination, when the Magistrate dis charged the prisoner, but he was no sooner ontside the office than he was inside a coach, and conducted to a pri vate asylum at Kensington, MCCLESIASTICAL. A meeting of tile Protestant Association took place last night, at Exeter Hall, to commemorate the discovery and prevention of the Gunpowder Plot. One of the speakers said :—" He was born on the banks of the Boyne, where it was the custom of mothers to bathe their children in the waters of the river, to imbue them more perfectly with the pure principles,of Protestantism. So deeply had he been impressed with these principles, that the only tune he could ever learn was : Protestant Boys, and the only toast he knew was The glorious, pious, and immortal memory.' " LITERARY A►ND . SCIENTIFIC. A new demecratlc Journal in the • Italian language. has been started at Monte Video, in South America : it is gratuitously supported by the refugees and merchants of the place. At a recent sitting of the Paris Academy of Sciences, M. Arago read a lotter from M. Oltramare, on an un usual flux and reflux of the water in the Lake of Geneva, observed on the 3d inst. after some heavy storms. The level of the water had that day experienced a difference of five feet nine inches in the space of two hours and a half. The public examinations at the. University of Oxford commenced on the Ist inst. The number of Under graduates who have given in their names is 203. SPOZITIIVG. A pike was caught on Tuesday last in a pond at God stone, Surrey, by Mr. Thomas Weller, which. weighed 301b5., and measured 2 feet round the middle and 3 feet 10 inches in length. On ThurSday last 26 woodcocks were shot in the neighbourhood of Workington, by three Cumberland sportsmen, in a few hours. The hare-warrens in England do not number more than three or four : the largest is that of the Marquis of Hertford, where the hares became so numerous about three years ago, that it was necessary to destroy the greater part for the preservation of the remainder. The late constant wet weather has greatly injured these warrens. TIEIMLITR,ICAL. Paul de Kock's novels are being dramatised at every theatre in France. His Zizine has appeared at the Theatre de Vaudeville, and another adaptation to the stage at the Palais-Royal has been eminently successful. Mr. Charles Kean is playing at the Hull Theatre. Mr. Vandenhoff and his daughter are at Liverpool. C °UHT—FASHIONABLE. Lord Bloomfield will shortly resume his duties as Commandant at Woolwich. His Lordship is at present visitin g his estates in Ireland. The Earl of Pembroke has returned from a short visit to Paris. Lord Francis Egerton arrived in Belgrave-square, on Saturday, from Worsley Hall, Lancashire, and has since gone to Oatlands. The Duke of Hamilton intends erecting a private chapel and mausoleum at Hamilton Palace. Earl Fitzhardinge left Berkeley Castle on Saturday, for the German Cottage, near Cheltenham. The Earl of Yarborough has left Arlington-street, for Brocklesby, Lincolnshire. The Countess of Kintore, died on Monday last at Baxterley Hall, near Atherstone. She has five children by the present Earl, four of whom arc still living ; the eldest, Lord Inverurie, being in his 19th year. MISCELLANEOUS. This is the anniversary of the Gunpowder Plot, discovered in 1605. At the present clay an ancient lantern is shown at the Bodleian Library, Oxford, stated to be the identical lantern of Fawkes, discovered in the cellar. The conspirators were thirteen in number, whose intent was, " suddenly and with one blast, to blow up and toar in pieces" the King and Parliament. Two were killed, and eight executed. Louis Philippo's chateau at Fu lies about seven leagues (18 miles) from Dieppe. The principal architectural embellishments were made by la grande Mademoiselle, during the period of her exile from the Court of Louis XIV. on account of her refusal to espouse the King of Portugal. The park and gardent are her work, and she also formed the magnificent collection of marbles and pictures which now adovx the chateau. The fire in the western angle of the Great Armoury was raging the whole of yesterday evening up to ten o'clock, at the Tower. The regalia and jewels have been conveyed to Messrs. Rundle and Bridge's fiir safe custody. The inquiry at the Ordnance department was proceeding with all day yesterday, and was resumed at ten o'clock this morning. 150,000 copies of a little pamphlet; containing a de scription of the Tower fire has been sold on Tower-hill within these three days. We understand that the Lord Mayor of Dublin, though he speaks in high terms of praise of the virtue, patriotism, and intelligence of the great Repeal Agitator, indignantly disclaims his acquaintance. They are not even on speaking terms. • The steam-packets between Hull and Sweden will cease running, according to the Postmaster-General' s order, after November the 13th inst. The next mails for Malta, Greece, and the lonian Isles, via Falmouth, leave on the 13th inst., and for Egypt and India on the 30th. Yesterday a sale took place of the extensive workshops and ether erections lately belonging to Mr. Smith, tim ber-merchant in the Belvedere-road, Lambeth, in order that the ground may be cleared immediately, for the purpose of forming the approaches to the suspension SUMMARY OF NEWS AND 4)nbttc go Winton. " Who runs may read." Highly important news from China will be found in another part of The Sun. Sir H. Pottinger, the new Plenipotentiary, had arrived at Hong Kong, where ho was making preparations for right manfully vindi cating the honour of the British name. On the 26th of September " Plenipotentiary" Elliot and Sir J. J. Gor don Bremer arrived at Bombay, and are on their way to England. Are there any of the Tower guns left to Salute as he passes up the Thames Commissioner Lin's illus trious prisoner ? Would it be too much on the part of the people of England to request that the " great officer" who so amused and out-Heroded the Chinese by the enumeration of his titles, would condescend to pen an official announcement of -his arrival in the metropolis, that we might tax our poor ingenuity to receive him with all becoming honour ? The genius of Grub-street will have in his arrival a theme worthy of its brightest soar- ings in the region of Parnassus. Espartero has granted a free pardon to such Spanish non-commissioned officers, soldiers, and peasants as during the late insurrection did not stain themselves with acts of individual atrocity. Passports are to be given to such of them as took refuge in France, permitting their return to Spain. This measure is equally politic and humane. The stubbornness of the Basques will be best subdued by such unexampled lenity., From 7,000 to 8,000 men of the naval force of France are to be discharged. This is an earnest of the pacific intentions of France. The acquittal of M‘Leod is noticed in nearly all the French journals. The Debats concludes an article, in which it rejoices that a war has been prevented , as f 01... lows:—" We are of opinion that the English Govern ment has followed .the only proper course. It treated the question according to international laws, and has succeeded in effecting a pacific solution. We do not pronounce any opinion here as to the question of fact ; we merely take into consideration the simple question of form. We do not take up the cause of the English Government against that of the United States; we rather advocate the cause of the Cen tral Government of America against the agitating pre dominance of the local authorities. The doctrine of States' rights, as it is understood by certain parties in America, is subversive of all international right. If Municipal. Councils were .to arrogate to themselve the right of deciding on peace or war ; if the most insig nificant Marry. of the most :insignificant commune of the most insignificant State were to usurp the prero gatives of the Executive, there must be an end of all regular and established relations between the nations of the globe." The Constitutionnel says :—" As to France, she had no interest in seeing the United States and England at war. France would, indeed, have been bound to limit her action to insuring, in the most solid way possible, the neutrality of her nag; and to protecting neutrals ; but the tranquillity of the seas suits us much better. The acquittal of M'Leod will, therefore, cause real satis faction in France." The National admits that an immediate cause for war has been removed by the acquittal of M'Leod ; but it takes care that the reader shall not lie under the mistake of supposing that it would be shocked at seeing the two countries tearing each other to pieces. The National re joices at the acquittal, because it prevents a war in which England would have all the right on her side. It observes—" We did not desire the war which has just been averted. In the state to which things hack arrived, the appearance of right would have been too much on the side of the English. She could not, without dishonour, have permitted APLeod to be hanged. By going to war for such a cause, she would have been sure not to. have had public feeling in Europe against her ; and it is not for us, who have so frequently complained of the criminal cowardice of our Govern ment in abandoning on all points, and at all times, the interests, fortunes, and lives of our fellow-countrymen abroad,.—it is not for us, we say, to blame our neighbours for showing a susceptibility, which, on the contrary, we should have rather been disposed to regard as having been too tardy. We do not then, at this moment, desire a collision between England and the United States of America; because, in the event of a war, we think it would be of use that the British. Government should neither have right, nor the appearance of right, on its side." The Prcsse states that the trial of APLeod, in despite of the wishes of the Central Government, is a striking instance of the defects of the American Constitution, by showing that at each instant the passions of the smallest States may lord it over the federal authority. PUBLIC OPINION. The Morning Herald, after ringing the changes on Lord Ellenborough's statesmanlike qualities, proceeds to observe:—" The country anticipates much from Lord Ellenborough's government, and great, indeed, will be the national disappointment should that Government fail in developing the resources of India, in confirming and strengthening British influence over the native mind, and in raising the character of the natives themselves; Christianity, civilisation; and commerce are alike deeply interested in his Lordship's success or failure. That success will prolong our dominion over! the most glorious dependency ever possessed by any European nation; that failure will tend to disassociate the eastern and western portions of the globe."— Lord Ellenborough is undoubtediy an intelligent man, but we are not aware that the country anticipates any extraordinary amount of benefit from his Indian legisla- Lion. He has done nothing as yet, whether in Parlia ment or out, to warrant such anticipation. No great public measure calls him its originator. No enlarged or generous principle of policy has found in him an expo sitor. He is nothing more than a dexterous Tory statesman of the red tape school; and the exaggerated praises of the Ministerial Journals are perfectly ridicu lous. A mole-hill is not, and never ca„n be, a mountain. The Times, speaking of the blessings of Tory Go vernment—which, like the longitude, are yet to be discovered—remarks as follows :—" In no part of the kingdom will the trutk of this remark be more power fully felt than. in Ireland. Not a single important benefit, but, on the contrary, much practical mischief, have the inhabitants of that country derived from Whig sway. Their very Corporation Bill, on the operation of which they are now entering, with O'Connell as .Lord Mayor of Dublin, was passed in its present form by the Conservative party, irre spective of probable temporary results unfavourable to Conservative views. Well was it foreseen what the certain effect of that Bill would be, in filling the Town Council s o f Ireland with 'R o man Ca holic Radicals. But th e Conservative leaders generously trusted the Irish people. No mean party jealousies did they permit to interfere with their sense of dut y . The question, therefore, now is, will this magnanimous con fidence be reciprocated by those who have been its ob jects ? Will the people of Ireland, that gallant, noble, and warm hearted people, refuse their confidence to the nnly Government that can really do them service—a Government, the head of which, besides having con ferred on them their best boons in former days, has re cently enlarged their liberties with no niggard hand, and is now literally courting o pportunities, consistent with the dignity and duties of his position, to prove himself their firm and impartial benefactor."— It was but the other day that the Times abused the Irish people.in the grossest language it could find. They were then, " a li ens ," " savages, " bigots;" now, it sems, they are " ga llant," " noble," " warm-hearted." Unlike the )Ethiop and the leopard, they have wholly changed their s ki n an d their spots ; and ha v e becom e all that our Conte m p ora ry could desire to see them. And this marvellou s c h ang e has taken place within the month, for it is not longer since the Times bespattered them with its muddy BillingSgate ! Possibly, in a few days, should • Ireland.exhibit a natural distrust of Earl de . Grey's Go vernment, our weather-cock Contemporary. will revert to its old opinion, and again denounce the 'ignorance and foot-lridge (cross the Thames from that spot to Hunger ford Market. '• • At a meeting of' the Zoological Society, hcldyesterday, it appeared from the Report, that the clear balance in hand was 7471. 65.. 6d. The ViSitors to the Gardens in September were 13,604,. and in. October, 6,067. Lambeth Chapel is a very ancient building, having been founded in the year 1169. The Palace was built in 1184. The late George Colman. speaking of a stout, elderly lawyer, described,him as being like ." two single gentle men rolled into pne." Mr. O'Connell just reverses this description, fog' he is " one single gentleman rolled into two,'?---viz., Lord Mayor and 'Repeal Agitator. THE QUEEN DOWAGER. The following is the copy of the bulletin which was received at Marlborough House this morning : Her Majesty the Queen Dowager has had a restless night owing to the severity of the cough, and is this morning suffering from consequent exhaustion. .‘t DAVID DAVIES, M.D. " Sudbury Hall, ,Nov. 4, 1841." CHANCERY COURT-(THIS DAY.) The LORD CHANCELLOR took bankrupt petitions, lu natic petitions, and appeals to-day. BOOTH V. CRESWICK In this case, in which there was a motion and a peti tion, upon the application of Mr. Stuart they were both ordered to come on together. CARTER V. NELSON, A `YARD. Mr. DANIEL said he was instructed to apply to his Lordship in this case for the direction of the Court, in consequence of the circumstances that had taken place. The petition was presented shortly before the present term by the father of a yoting lady, complaining that she had been removed to improper custody, and had been improperly detained by the respondent. On the first day of term, the petition being then on the paper of the Vice-Chancellor of England, the counsel on behalf of the petitioner applied to the Court for the purpose of having a day fixed for the parties to attend his Honour. The Vice-Chancellor having fixed Wednesday morning, the parties attended, and as it was considered a case necessary to be heard in private the matter came on in his lionoUr's private room. The matter of the petitioner was opened, the affidavit of the father on behalf of the petitioner was opened also, and his Honour questioned the young lady in private. The Court having heard the matter of the petitioner, ordered that it should stand over till Wednesday next, and that in the mean time the custody of the young lady should be retained by the respondent. Subsequently it was ascertained that the petition had been, iu fact, transferred to the paper of Vice-Chancellor Knight Bruce. Mr. RouPEL----No, it had not been transferred ; it was put on Vice-Chancellor Knight Bruce's paper by mistake. Mr. DANIEL-It appeared on the paper of Vice-Chan cellor Knight Bruce, and was struck out when called on, no party appearing. Under these circumstances it was supposed, on the part of the respondent, that there might be sonic difficulty, because it was feared it might be said that the petition, having been transferred to the paper of Vice-Chancellor Bruce, the Vice-Chancellor of England had no authority to make the order he had done. Under these circumstances he had been in structed to apply to the Court for its direction. The LORD CHANCELLOR wished to know whether the petition was transferred before' the question came on before the Vice-Chancellor of England. Mr. DANIEL said that he had been instructed that such was the fact; it was stated upon affidavit. The Lord CHANCELLOR said he had been told that that was not very probable, because it had been arranged that the Vice-Chancellor of England should take the old petitions, of which this was one. Mr. DANIEL was so instructed. Mr. ROUPEL, on behalf of the petitioner, submitted that the application was 'not only irregular but unneces sary. It proceeded upon the assumption that the petition had been transferred to the paper of Vice-Chancellor Knight Bruce. It was true that the petition had ap peared on the paper of that Learned Judge, but it had been put there by mistake, and upon its being called on it was struck out upon that fact being stated to the Court. Such being the facts, he submitted it had been properly heard by the Vice-Chancellor of England, and disposed of by that Learned Judge. The LORD CHANCELLOR said it was clear that it was properly on the paper of the Vice-Chancellor of England, and had been by mistake put into that of Vice-Chancellor . Knight Bruce. His 'Lordship thought that if inquiry had been made by the clerk of Mr. Daniel, that mistake might have been discovered. Mr. ROUPEL observed that no party disputed the order of the Vice-Chancellor of England, and he sub mitted, therefore, that he was' entitled to the costs of the present application. Mr. DANIEL said, that his client was anxious to ob tain the direction of the Court ; and, under such circum stances, he trusted the Court would not visit him with the costs. The LORD CHANCELLOR, considering that if inquiry had been made by Mr. Daniel's client, he would have ascertained that the petition had been properly heard by the Vice-Chancellor of England, ordered him to to pay the costs of the present application. ROLLS' COURT.-(THIS DAY. JENKINS r. BRYANT. Mr. PEMBERTON moved on behalf of Mr. • Bull, a solicitor, to. discharge an order to him as solicitor of the plaintiff to deliver his bill, and all the books and papers In the cause, to the plaintiff: It ap pearrd that the parties had entered into an engagement with the solicitor not to employ any other person in the suit in that capacity ; and his Lordship, after hearing the facts of the case, which related to an annuity, granted the order. SELVES V. SELVES. Mr. PEMBERTON, on behalf of the plaintiff, moved to transfer a fund remaining in Court in this cause. A testator by his will, bearing date in the year 1802, directed the income of a sum of 1,700/. to be paid to Edward Selves for his life, and after his death to be transferredl6 his children, and divided between them share and share alike, as they should respectively attain the age of 25 years. Edward Selves died in 1824, and it was now prayed that the remainder of the fund, which had been reduced to 1,3371. by various decrees of the Court, should be divided, in their respective proportions, among such of the children as had attained the age of 25. His LORDSHIP granted the order, which was not op posed. KEMP V. HILL. -tr . inn PEMBERTON moved for an order to Mr. Rowson, solicitor for the trustees of a gentleman named La thityere, to deliver up certain deeds and papers relating to the estate devised by him, which were detained by Mr. Rowsori, for a lien which he claimed to have upon them. his LORDSRIPi after hearing the facts in suppport of the petition • •suogested that the deeds should be placed in the custody of the Court, and that it should be re ferred to the Master to ascertain whether Mr. Rowson had any and what lien upon them, but that they should not go out of the custody of the Court, without uotice to Mr. Rowson ; to which tirrangeinent Mr. Walker as sented, on the part of Mr. Rowson. VICE-CHANCERY--(THIS DAY (Before Vice-Chancellor KNIGHT BRUCE.) HOPKINSON V. BRUCE. This is a suit instituted by Messrs. Charles Hopkin son and Co., the bankers, on behalf of themselves and others, the creditors of the late Mr. John Prosser, the army accoutrement maker, of Charing-crosS. Mr. Prosser died insolvent in 1837, and an adminis tration was granted to his daughter, Mrs. Bagster, in March, 1838, and a bill having been filed against her and her husband by the creditors of the deceased, a de cree was made, directing the intestate's personal estate generally to be applied to the payment of his debts and funeral expences ; and, in ease the personal estate should be deficient for those purposes, the Master to take an account of the intestate's personal and real estates, and the rents and profits derived from them. It appeared that the intestate's property, consisting of the stock-in-trade, the fixtures, and utensils, and the interest in the leasehold premises, were sold by the ad ministratrix, Mrs. Bagster, to her brother Mr. John Prosser, the intestate's son, who had remained in posses sion, and continued to carry on his father's business, for a sum of about 2501., which the plaintiffs considered to be only one-fourth of its value. The ,decree made it in cumbent on the Master to carry on inquiry as to whether any sales of the property had taken place,and if so whether those sales had realised the utmost value of the pro perty. The defendants had taken exceptions to the in terrogatories of the Master, and the present application was to have those exceptions overruled, and to allow that the interrogatories should stand. His HONOUR apprehended that the question to be de cided was whether these interrogatories did not extend to matters upon which it was not incumbent on the Master to report. The power to examine parties was given to the Master for the purpose of obtaining, evi dence, in order to enable him to inform the Court upon the matters into which it was Incumbent on the Master, aecordipg to the decree, to iminiree The interrogatories must extend to all those matiers,, but would not go farther. On looking at the decree, it ap peared to his Honour that the interrogatories did extend . to some matters upon which the Master was not requir to report ; and, therefore, the parties objecting had a right to do so. He did not decide that'the interrogatory was wrong ; but as it stood, it went beyond the Masters. functions ; he did not, however, therefore think it neces sary to send back to the Master to review the, report. But he thought it right to allow the excep tions so far as related to the fourth interrogatory. At the same time, he wished it to be understood that it was his opinion that it would be entirely competent for • the Master to continue the inquiries into which he had en.ered. The present order of the Court merely allowed to the interrogatory. the exceptions with regard - - QUEENS BENCH—(THIS DAY.) LANE V. DEWSON. This was an action brought by the plaintiff against the defendant, an auctioneer, for the sum of 411., being the va lue . of certain trees, purchased by the plaintiff; and which the defendant refused to deliver up. The case was heard before Mr. Baron Parke at the last as sizes for Lincoln, and a verdict was had for the defendant, with leave to enter a verdict for the plaintiff. Mr. Sergeant LuDLow now moved for a rule to show cause why the verdict . should not be set aside. It ap• peered that a person named Bankes was indebted to the plaintiff in the . sum of 2001., and on being applied to for payment of the debt, he said he was about to sell a quantity of trees, and that the plaintiff might ge and pur chase some to reduce the amount of the debt. The plain- , tiff accordingly attended to purchase trees, which he 4ad measured the following day, and ascertained that the value was 41/., but the auctioneer refused to allow .him to take them away, stating that he had a lien upon them, and justified his detention by reason of that lien. At the trial a question was raised as to whether EVENJIS% SUN the auctioneer , really had:- a: lien, but Mr' Baron Parke wf,a i nc lined to think that he had ; but, even admitting' that he had a lien, his Lordship was of opinion that that should have been speciallypleaded,which had not beep done. • of Mr. Justice COLERIDGE_How doe s the question lien arise ? Mr. Sergeant LUDLOW—W ari C said it did not se at ell because it had not been pleaded. Ilvile L ei‘net— o sr r o. d tishi T aea ) trt E igah w eau 3 s i n A tb N eL — eun l pi n i,l eol t dw r: s e ta r iildi it there has N‘,as m a a c tl as e i (l n il e . 6t s .h 7 ton whether denying the property does not set up th e and where it -N w V a e s is l b aid ili Was detained, the matter must be set out in the recur d--; if a party has a lawful excuse for detaining it, he 1331 ' s down,which that t t pointwhere wast econpsi..ioclpeerr,etey, plenaThe . COURT thought the question required some o n ' sideration befOre the rule was granted.' ~v JONES Vi THE LLANELLY RAILWAY CO MPA , .• :NTT. CHILTON moved in ths ease 41:)r a rule to Show , 01, cause why the verdict for thenlaintiff, with,diniar,ls should riot be increased to a verdict : for Oa 'da' n3g r e h s ; It was an action of debt, and upon an awa r. t he defendants - pleaded - the performance of a part •of io• award, and the impossibilit of performing the I" i %, der. It appeared that theyplaintiff, Harry jort e;s , ' possessed' of a piece of land, through which it.vras p t he posed the Llanelly. Railway should pass in parties went before the Court of Quarter- Sss,i'9llres order to have the case submitted to a Jury, it wi s l g " f a that the case should be referred to a .ilagistrat? 4) t o f county ; and, by the rule of-referenee, the - anl ain en • compensation and damage, as Well direct 113 consequrea dal; which would be occasioned to the land, was, l4fcl. ol to the arbitrator. There was an exception witniAr:oll, to inundations, upon which, however, nothing w° lll ' the The arbitrator awarded 7301. as full compensation n o f" a lly• land, and also a further sum of 2001. conditi He directed that there should be four arched tulle; made at various parts of the line, by which hen 01 . of the property would be avoided, and which, w hen c° pleted, would enable the defendants to avoid the 1 ) 11 3 , • 7 d ; ment of the 2001. It appeared that the Compaq e three tunnels, but did not make the fourth ; and the vision in the award was, that these four tun ne l s of thei r be made within three months, and in the event of not being then completed, the Company w ere ord iratiered and ° _ g directed to pay, within ten days from th e exp the three months, the sum of 2001. to the plain tiff ' ea- Lord DEN:ILAN—I never heard of an arbitrator 4w ing a penalty under such circumstances. wing Mr . C HILTON contended that the Company not ving fulfilled the conditions of the award, and 1 1 ( 4 1 1 e thg given any satisfactory reason why they had not 01,11--age3 fourth. tunnel, the plaintiff was entitled t o the 'l4 conditionally awarded him. The Court granted the rule. , c Mit e CRIMINAL INFORMATION—THE QUEEN V. ..• "° RIDE. t. ' Mr. JERVIS had been instructed on behalf 0- r Li ly to Colonel Williamson, of the Royal Engineers' t . Ifdor the Court for a rule to show cause why a crinuin, -04 mation 'should not be filed against the ("elder Augustus- Collinridge, Editor of the Southall' ore tiser newspaper. The grounds of the :m0061%101 that Mr. Collinridge had sent a challenge t° -;-,-, n ot Williams, and had charged him with cowardiee''pt Olt fighting him. The affidavit of Colonel Williaais s i fie that he had been for thirty years in the 10 1 0 7 o e gineers, and having retired from that corps itt 1 : - stll e , full pay, he took up his residence at Ilastlng s ' „.a s ad time since, it being in the contemplation o f that t° - At , St. Leonard's to erect a steam-boat pier, it WaS h th it ° § ll7d in consequence of Colonel Williams' former hti"' to c olt' occupations, that he would be an . eligible Pers °ll „hiell he r suit, and he was requested to prepare pla ns ' ‘,. vow ° 4 ; accordingly did, and the inhabitants passed - f pi s % thanks to him, and presented him with a pie ° s tile' for his services. In consequence, however, t't . the 4o4 interested in the matter being unable to raise °t e n loti°, l • funds the project of the pier was for the time au' i : lis' Col. :Williams, like every other gentlemeih A l4s w a: P a r f e t ' the right, entertained political opinions , anif: ; : a d, •;",,":, sent at a dinner given to. his (Mr: Jervis's) ir' e , - o s t'" Holland, the Member for Hastings, and th e de feuu • signal for an attack upon Col: Williams, by ti le . at C o , ant, Mr. Collinridge, and the first shot fired vglil4l.t..Co' shape of a letter headed “. the -Radical liieutlvilliaoll lonel," and purporting to be signed by • Co l ' ,s Pap himself, which was published in _Mr. Collinridge 0 . o' 3 The letter stated that the Colonel did not e e re aret i shilling interest in the town, a.nd expressed bitl:shol'ulAt' that when, rather fresh at the Radical dinne r ' ," w ho it have attacked a gentleman of respectability) :how expended thousands for the benefit of Hastieeoprove; fault had been found with his (the Colene rs) , l , pra! tj ments. The proposed pier was described It'' the slg' little shingle trap, and the letter 'whi ch bore to /rout .nature of Colonel Williams, was followed by P I o se 'the Editor, recommending • every soldier 0 w ro l i ss ioo , up the. trade of a Radical to sell lii s c ° d i le li tl , l'' because a Radical soldier was a disgrace t a r - it Itt i :: Colonel 'Williams, • naturally feeling lud i gT i a 13rig . "; •-il e publication, addressed a letter to the e ditor 0;: -. , 1 1 0' 1 ;5 paper referring to it, and stating that Ito ealt ° v ; in sert 8 the smallest pretension.to character, would ha Aing a ll what was so evidently a falsehood, without I ' . I tll ire ci b e :, inquiry, and regretting that the love of ' trollitical Pii nesty had been so completely-lost in the P eared in tisan. Shortly afterwards another article ally 4i0 0.7 t o tter pr' •t, bil l the same paper, remarking upon , 'th l3 ' c -i ia I" I published, and stated that there`was nothin,,a „ a Co; what . was gentlemanly and luinburable. it eh r:;;a of t Williams with having told an impudent falsely., a 3 1, respectable inhabitant, and havingrefused to 17; L ao i , „ of honour for some newspapers-sent - to hill) , ~...0 , tvi' 4 leged that he was a travelling tinker, go ing "„ ° re ast e t r 'd to town to sow the seeds of dissension bet",. ee ; sli ° Td and workmen, and assuring him that t he tu .tvcr io - ' watch his proceedings and expose them to i i e sse° - o f On the 12th of September a letter was a tl " • si: , ' a Colonel Williams from the Bull Inn, Aldglite'he 114 by Mr. Collinridge, in which lie stated Ost er , hef . i r s just seen in the Sussex Erpress a l ett ,otit itilli to in.' the signature of Colonel Williams, 3 - „ o va l ., observations of a strongly personal n ature, i i ' li fActe. c e ., the publication which appeared in the Soatlie _all ' 1 t;ser—that he exercised no control over th e° V ne . ; tions, and seldom saw them until there werievolitlo, That there being no just ground fo r Colonel toes thor sweeping observations, -he-requested him, t° rg n it t/ -el or favour him with a reference to a friend for!, oao.,uth diate meeting. That letter was forwarcled awthe lath Williams to his solicitors in London, .4 11 r ° 0, 11da t beir September they wrote to Mr.' Collinrid o, H Pl t ift' f - iie9s given in his letter, 299, Strand, stating t frri thel l ' 0 .4 intention to apply .to the QUeOU'S 130 , I 1 potiCe other moment for a criminal information. 3-'4(!aerfilt,°„oo. taken of that . letter, and on the 16th SeP t , e ` - c i Wil` 1 :1 of letter was sent by Mr. Collinridge Gist C°',.°ll-ii6ao,°•l9l stating that- after his (Mr. C.'s) ioe'A a ieeq °all' any participation in the publication °toe (- 49 `' ho lit Colonel Williams, he was bound as . 1; e .1' 1 , ' Or. °POI' draw the observations 'he had }33acei,''olultel,, di° them in another place. That .le tter a nd ° ,,•,, 0 V A hams also sent to his soliCitbr. s f ',,,,r, to tii..he'' 18th September, a third letter vitt6,s.....ing. Plvi;te.ii, Mr. Collinridge, charging hint with ut t- t •f t lie c ° ,,, h id a palpable falsehood—that as he ha d , 00 „, ii i,rge 3 ,;,,, - oil' to retract, or the couraee to support, to e " h i s sts; t". made, he (Mr. Collinridle) roust denounce' l ot ti e r tine as lies, and his actions as cowardly to the colliu ea at Another letter having been written to gr i ; 80 ,e 3t elit y by. Colonel Williams's solicitors a par:41.21(110,1 Pat of the Southern Advertiser, stating that {be t he Li° - B jer / man, Colonel Williams, had applie d , t i ! ) ,' r liei ' !•,,/ co r r . ' Queen's Bench for protection, and m".., ,, ,e( 44• e et e " would shortly he amused by the pablicafir ' 0 ;0 33 1 )0 1 ; respondence.. The Learned Counsel baY l l o loll e ~ 10" upon the several ,attempts made to prell',hat,:theolos i ll hams to a breach 'of the peace, obserYt• two' Foi s t o ece shown the letters of Mr. Colliuride t° bs fi 03 10 0 London, and another person in Sussex, -,''' '?'„,at°,-.,,ect' admitted them to be his handwriting, b u tt t- b ' t he fro o. affidavits to that effect, unless compellf ~,,Y r e ttt e r e 4 There were there three gentlemen vrhel'l.,-,,topir '' h olik what they heard these three person S' sti f '. r iage' s opinion that the letters were in Mr: COI in . Writing.. - . ft e„, ` ill, i ire e ° Lord DENMAN—That is clearlY rose''' , 'f,;(l i e ho r e ' Mr. JERVIS submitted that the party . 00 5 o' dice 1) at address as 299, Strand, and tw o of the r bi s .., c ll" cognised the handwriting we re einploY ust ice P . ' ere , io there. The Court would b e doing n° liii i,tter s v. ing upon er the defendant to de n y that the his handwriting if he could do so. - • ri ch 11:11et') '4 Mr. Justice COLERIDGE doubted very ° vide/i ce. iy eett Grand Jury could find a bill upon suett,.chr the e 4 : 0 0 t e Mr. JERVIS said if the C ourt theitt•., a Id en d"' was insufficient, he must go. further, :- 1 ~. • , e ar procure direct evidence of the handwritiefi7t sh ol o e tati r e' Lord DENMAN did not think that Cog rule ei 1 c leo t cise the inquisitorial power which such a te its rta cognise, and compel a party to come before tile bet br 'O O himself without sufficient evidence. , . ~..;r i g w ri Mr. JERVIS wished to know if e rinb. h ole Court the evidence of parties who knew til e . , 0 0 , oi t t e ~4 t would be sufficient. ' 'd tit ° g tit° P l' Lord DENMAN—We have always sa l . 0 O m r ec tl ia should come fully prepared in, tbese e t '„, veli:„Jlor instance, or not at all ; and I ain... llo° Y„ - : s eto 6l ': lea many instances in which we have S' refused. I .red COMMON (I3efore S the T,___O---'--"'----iti. Pciii.,lFAJSus.—Tlc(E4-----jilusitiSce'. Pc , ' . 11. 0:1 ,1:0. MAuLE, and Eastura.) . of PU NTER v. LORD GRANTLI. o f 1 0 1 Mr Sergeant SHEA made an apPlication clo t h ot peculiar nature. It appears that the a 'fl to rai o of refused to pay the costs of the action to tin' a t o wn 0 0 plaintiff, on th e g round that the latter had:n o act ion ', his certificate during the years iu which the ilisoDen i ' r e ti : pending. Mr. Sergeant Shea's applies davit was that the attorney, Mr. .Neale,, sh°llllis rertiaer admitted upon payment of the arrea.rSl Ur n •71 t, 1113 0 cate, and of such nominal line as the Citurt ilt :pan the circumstances, be pleased to iini;4l-4e• I , C t i 11 131 ;00 his application upon these fact 4 as set forth in t li iitt co r , that Mr. Neale, who resides at Guildford, was. t l , t 0 3 l efl o attorney of this Court in the year 1799----411:"r ' l 4) o' t f o re. 1838, 1839, and 1840, he transmitte".l to I " . ' saiiiibt her an attorney, residing in London. and is ? I .," t hc It i ti of the money to take out his certificates, vo,'-i!,:fenec re, neglected to do. The attorney' ' for th e A t Othe P willing to pay the costs if the Court assenteis tio sent motion. ' t red ``'iti'tlei'l The LOAD CHIEF JUSTICE, having con:cr _ ro t ..00 other Jud g es, said, that as there' had beet!_nelied, tl to of feeling in this case, and as the rurtic l'eoll,t!tirt the latter part of the Learned Sergeant's statetbe tiv e o be, disposed to come to a better undcrtand,il.46lg:, oli) i;,oula grant a rule to restore 7111t.'';fteis.„1,1inuiftell ~., 3' of the arrears, and a fine of 60:8dV9'1''''' the J)10 Mr. Sergeant SHEA. expressed hie tar e Q *h t h a t ff t e r, ness of their Lordships; and was " a , ' ° i t cl defendant's attorney had made a LA. , . i 1 taking all the cireutnstances into- •cori • u•-• -31°1'4:4 ,44 .41 4 I 14.7