The Sun. — London, England, 1849-11-07 00:00:00

THEATRE ROYAL HAYMARKET. Mr. B. Webster, Sete I.esz,s and Manager, 011 Brompton. ' THIS EVENING. When will be performed MACBETH. Macbeth, Mr. Macready ; Mac luff, Mr. J. Wallack ; Lady Macbeth, Mrs. Warner. After which a new Farce entitled THE LAUGHING HYENA. To conclude with A KISS IN THE DARK. Due notice will be given of the appearance of Mr. and Mrs. KERN. The Box-office is under the direction of :qr. I. T. Archer. liUYal.. AJJELYIII. Under the direction 0. Madame Celeete. TIIIS EVENING, Will bo performed THE SONS OF MARS. To be followed by a new slippery sketch called MRS. BTINI. 3ITRY'S SPOONS. Mr. Highbury Barnes, Mr. P. Bedford; Bob Twinks, Mr. Wright ; Job Smith, Mr. 0. Smith; Mrs. Bunbury, Mrs. F. Matthews; Mrs. Flighbary Barnes, Miss Brooks. After which a new Farce, entitled A BIRD OF PASSAGE. Mr. Carry Chick, Mr. Wright; Mr. Channt Ginger, Mr. null Bedford ; Mr. Charles Pusher, Mr. Boyce; Ernest Hopeful, Mr. Worrell; Mrs. Waters Rummer. Mrs. Frank Matthews. To conclude with THE MARRIED BACHELOR. ROYAL LYCEUM THEATRE. Under the Management of Madam:. Warta. Sole T.essee. NTr. Charle ; Maths .vs. THIS EVENING, Will be performed METIIINK% I SEE MT FATHER, To be followed by BEAUPY AND TIME BEAST. To conchide with a comic drama, called A PRACTICAL MAN. , Upper Box., 4s. ; Pit, 2s (Amoy, , r. h,o,e. All applications for Private Boxes must be made to Mr. Allcroft, IS, New Bond-street. PRINCESS'S TII EAT Mr. J. M. Maddox , so l e L essee and ',onager. TIIIS EVENING, Will be performed a new Opera, entitled CHARLES THE SE COND. To be followed by a new Extravaganza, entitled THE FIRST NIGHT. To conclude with a new Ballet entitled LES PXTINEURS. ASTLEY's ROYAL AMPHITHEATRE. Proprietor, Mr. W. Batty. nder the Patronage of her Majesty the Queen, his Royal Highness Prince &then, &c. Triumphant success of the new Equestrian Spectacle of the Prophet, which has been nightly received with enthusiasm, and pron unced by the public press to be the mist gorgeous hippo-dramatic piece over produced at the Amphitheatre. he celebrated Comedian and Clown, Mr. T. Barry, will have the honour of appearing, having returned from America. Mr. J. Bridges and Madile. Amilie every Evening. Unparalleled Equestrian Feats. THIS EVENING, Will be performed Fitztiall's grand Equestrian Spectacle, entitled TEIE PROPHET, in which Mr. %V. West will appear. Cu be allowed by an :nimitable display of SCENE . ; IN THE C !WILE by the first Equestrian talent of the day, in which Mr. T. Barry will appear. To conclude with the Farce of JACK JUNK. Sox-office open from Eleven nil Four. Stage Manager, Mr. W. West. TO CORRESPONDENTS. " Amicitia" has made a slight mistake, having directed his communication to ourselves, instead of to the editor of the Morning Herald. ATER AT LONDON Bal POE. Tuts DAY —Morning, 27 min. after 5 I Evening, () min. after 7 ti 0 -mnaao , —Morning, 37 mtn. after 7 I Eveninv, 17 min. after 8 TfiE WEATHER.—SuN OFFICE, Nov. 7. TITERMOMETER, Lowest, 33, Highest, 46 . Nnon, 41. BARoYETER, 30.08—a rise of nearly half-an•inch since yesterday. WIND variable from E.S.E. to S.S.W.—morning frosty; now dull, muggy, rainy weather. tts *it ' 1,111• M 10 4 A • ~. • , ti'E e , c,71 M• 0 %%,;;;;;%,.. ',14 - _betning 47: Mt LONDON, WEDNESDAY, NOVEMBER 7, 1849. Her MAJESTY has been pleased to appoint Thurs day, the 15th of November instant to be set apart as a day of National Thanksgiving to ALMIGHTY GOD to manifest " our deep and devout sense of His late mercies in having abated the grievous disease with which many places in this kingdom have been lately visited ;" and her MAJESTY has done well in so ap pointing such day of Thanksgiving. But her MA JESTY'S Ministers, and the members of the Legislative Assemblies of the nation, will not have done their duty to the nation at large, nor will the members of the various Municipal Assemblies, to whom the Government of various localities has been entrusted have done their duty to those who are committed to their charge, if they content them selves with merely returning thanks to ALMIGHTY GOD for the abatement of the pestilence, without at the same time adopting measures which shall prevent it; return. Unless such measures of prevention be adopted, and adopted without delay, we shall have the pestilence raging among us in the spring with tenfold virulence; and for the deaths which may then occur, those must be held responsible who shall have neglected to adopt the precautionary measures which they might have adopted, and who will not then be permitted blasphemously to arraign DIVINE PROVIDENCE as the cause of that misery which will have arisen solely from their own culpable ne-rlect. Aide toi, Dieu t . aidera holds true in pesti leoce as well as in politics, and it is a mere blas phemous mockery to offer up prayers to Heaven for the abatement or removal of a pestilence whilst we neglect to adopt measures for the removal of those causes which experience has pointed oat as the never failing producers of disease. We would, therefore, recommend to the careful perusal of every person who is interested in this question (and every person who may at any time be liable to an attack of cholera is interested in it), the excellent and ela borate annual report of Mr. SIMON, the officer of Health of the City of Londan, presented by that gentleman yesterday to the City Commissioners of Sewers. Mr. SrmoN, in this most important document, goes fully into the investigation of the causes which " tend to produce the present high rate of mortality in the city of London, and to suggest how, by other and better sanitary arrangements, our present high rate of mortality may be diminished. He divides his observations under the following heads : " I. Defective house drainage. " IL Incomplete and insufficient water-supply. " 111. Offensive or injurious trades and occupations. " IV. Intramural burials. " V. Houses iusu , ceptible of ventilation, - and %%him so7u., ly unfit for ventilation. VI. The personal habits of the lowest classes, and the ii.fluenee of destitution in increasing their mortality. In considering the subject of defective drainage, Mr. SIMON draws the attentionof the Commissioners to the fact that there are still in the city of Lon don several thousand houses which are not drained at all, houses in which the filth is collected in a cesspool which lies actually within the four walls of the inhabited house ; the latter reared over it, as a bell-glass over the beak of a retort, receiving and sucking up incessantly the unspeakable abomination of its volatile contents. In some such instances, where the basement story of the house is tenanted, the cesspool lies—perhaps merely boarded over—close beneath the feet of a family of human beings, whom it surrounds uninterruptedly, whether they wake or sleep, with its fetid pollution and poison. Mr. Simorr goes on to say— " Now, here is a removable cause of death. These gases which so many thousands of persons are daily in haling do not, it is true, in their diluted condition, sud denly extinguish life; but, though different in concen tration, they are identically the same in nature with that confined sewer-gas which, on a recent oecasion, at Pimlico, killed those who were exposed to it with the rapidity of a lightning stroke. In their diluted state, as they rise from so many cess. ools and taint, the atmo sphere of so many hou-es. they form a climate the most c ngenial for the multiplication of epidemic disorders, and operate beyond all known influences of their class in impairing the chances of life. "It may be taken as an axiom for:the purposes of sanitary improvement that every individual cesspool is hurtful to its vicinage, and it may hence be inferred how great an injury is done to the public health by their existence in such numbers, that parts of the city might be described as having a cesspool city excavated be neath it." Experience has shown us that it is 'worse than useless, it is positively absurd, to trust to the philanthropy or the wisdom of the proprietors of houses for the removal of these cesspools ; the Board of Health and the Commissioners of Sewers are, we fear, too slow in their:operations, and we would suggest that, in order to get rid of the nuisanc e effectually, a short Act of Parliament should be passed, enacting that, after a certain and not very distant day, every proprietor of a house should be liable to a penalty of 101. a-day for every day during which he should suffer a cesspool to ex i s t on hi s premises, such penalty to ly3 recovered by summoning such proprietor before a megistrate—one half of the sa i d Penalty so recovered to go to the informer, and th© other half to the poor of the parish; and that in all cases in which a cesspool exists on the prekises the tenant shell be absolved from all liability for rent t/t:ait until such cesspool shall be removed. This measure ---17, \ i would, we think, in the shortest possible space of ../',,.. ime, ~.:,,,-: ~, t , 1 get rid of the nuisance of cesspools. Mr. Sato; thus proceeds to c ommen t on th e ev il s .-"•, ,atising from the exhalations emitted from the public , —aewers : ~, • I 4. Another most important desideratum in connexion with the sewerage of ths city is that, if possible, sows let THE more perfect system of trapping should be devised, or that, in some way or other, the sewers should be venti lated effectively and inoffensively. At present there are frequent complaints of offensive exhalation from gratings in the open ways of the city, and it will be obvious to your Honourable Court that all which I have urged on the subject of cesspool exhalations must apply equally to those which are emitted from sewers. The impediments to effective trapping are almost insuperable; but I be lieve that when the water supply of the city is very largely increased, washing the drains amply and inces santly, the evil complained of will undergo a sensible diminution. So far as I can judge, the only complete and total cure would consist in the adoption of some sys tem, including the following points as its essentials—viz., that house-drainage shall be separate from street-drain age, the former having to itself a series of sm tiler con duits; that these shall be closed from their origin to their outfall, presenting no gullyholes whatever; and that their gaseous contents shall be withdrawn from them by suction, or expelled by pressure, and be made to undergo combustion, or other chymical change, rendering them innocuous. I would venture, even now, to suggest that any :,cientific scheme, purporting to accomplish the object last indicated, would in a very high degree deserve the consideration and encouragement of your Honourable Court." The washing of the drains may diminish the evil so far as the street sewers are concerned, but it will only be by increasing the pollution of what mus necessarily be the principal source from which the in habitants of the metropolis must ever derive their princi pal supply of water—the River Thames. With regard to the plan of separating the house drainage, and:con veying it in a series of conduits, closed from their origin to their outfall, we much fear that there would be danger of continual bursting of the conduits from the pressure of the gases evolved, and that the escape of those gases would give rise to dangerous explosions, as, after the result of the recent experiments, we are doubtful as to the possibility of withdrawing gases form sewers so as to make them undergo combustion with safety. A much more effectual method would be to disinfect the sewage at various points of its progress, so as to prevent the collection of any large quantity of gas-producing elements and the consequent evolution of noxious gases ; and this, we believe, may be ef fected completely and profitably. Another great advantage which would arise from adopting the disin fecting process would be the preservation of the river from pollution. Of the importance of preserving the waters of the Thames in a pure state Mr. Snuozi is as convinced as ourselves. He thus speaks on tbis im portant subject : " In further connexion with my present subject, I would also solicit attention to the fact that the sanitary purposes of drainage are but imperfectly achieved where the outfall of sewerage is into a tidal river passing through the heart of a densely-peopled metropolis. I should be stepping beyond my province if I were to say much respecting the -themes now before the public for dealing with the difficulty to which I here refer, inso much as those schemes involve questions of engineering and machinery, on which I am incompetent to form an opinion. But I can have no hesita;ion in stating it as a matter greatly to be desired in the city of London that the noble river which ebbs and flows beneath its dwell ings should cease to be the drainnool of our vast metro polis, and that the immeasurable filth which now pollutes the stream should be intercepted in its course, and be conveyed to some distant destination, where, instead of breeding sickness and mortality, it might become a source of agricultural increase and national wealth. " I would venture, likewise, to express an opinion that the city of London is peculiarly interested in the ac complishmeut of this great public work, not only on general grounds relating to the conservancy of the river, but likewise and expceially on sanitary grounds, by reason of the large bankside population, subjects of the city, who now, instead of deriving advantage from their nearness to the stream, are constantly disgusted and in jured by its misuse." It appears to us that the only plan by which the river can be preserved free from pollution, while at the same time the existing sewers and conduits are made available, is by the adopting of some plan for disin fecting the sewage during the course of its pro gress, precipating from it all solid matters which it hold 3 in suspension, and returning the supernatant fluid thus disinfected into the sewer. It is by the adoption of some such plan as this that the evils complained of can alone be effectually prevented, for it is evident that every plan which does not disinfect the se wage before depositing it in bulk is neither more nor less than a plan for the formation of a gigantic cesspool, which will infect the air for miles around the place where it may be established, and be a perpetual hotbed of cholera. Our observa tions on the subject of drainage have extended to such a length, that we must defer the consideration of the other portions of this most important and valuable document to another opportunity. Precisely as we say that Terrorism was contrived by the friends of arbitrary governzent, in order to disgust the world with Liberty—we might with equal truth declare that Cant was contrived by the friends of Infidelity, in order to disgust the world with Religion. Only the difference between these two abominable conspiracies is this—that whereas the Terrorists manage to render themselves in some sort sublime in their atrocities, the Sanctimonious, with all their petty affectations of morality, only make them selves supremely and supereminently ridiculous. While the one party has been effecting the massacres of September, the other has been tsking some miserable little shrimp of an orange boy or a mackerel vender into custody on the score of Sabbath Desecration. The former has summoned to its aid the incendiary and the assassin. The latter, with the hysterical shrillness of that very respectable person Mrs. GAME, has screamed for the " Poleege ! " Like the immortal SAIBEY, on the occasion when in search of the " Ankwork's Pak kidge," she got so crushed, and tumbled, and towzled by the crowd, that her bonnet bore the appearance of a cocked hat—the good old lady of Sabbatarianism has now for some few weeks past been shaking her gig umbrella very energetically at Mr. ROWLAND HILL, vituperating him in a great fluster as " a bage man," and bemoaning the sins and abomina tions perpetrated by him and his compeers in "this Piljians Projis of a mortal wale!" It would be the height of ingratitude on our part if we evinced any annoyance at a proceeding which has afforded us such genuine amusement. We feel as kindly towards the poor old soul even in her most kantankerous moods as we have ever done to the " frequend pardner " of BETSEY PRlG—knowing altogether that she is as harmless as she is decidedly provocative of laughter. Latterly the frow of Sabbatarianism has been growing more and more subject to these fits of ethical hysteria. Doubtless, if she is as well supplied by the Birmingham manufacturers as poor PEGGOTTY, she has of late been " shedding buttons" innumerable. We have a sympathy for her stayleces. Especially in those intense paroxysms of grief and indignation, when the Lord Bishop of LONDON got snubbed in Downing-street, or when the rogues of St. Martin's-le grand triumphed over the godly malcontents of Exeter Hall. Defeated, we had almost said ignominiously de feated, in her efforts to render the Sunday not a day of solace and gratulation, but the " deadly lively " fes tival of weekly hypocrisy and hebdomadal humbug— the Gamp of Sanctity has just buckled on her " storm-cap " and attached a new ferrule to her parapluie, for the purpose of again having at that Man of Sin, the Marquis of CLANRICAILDE. The heart of Mr. ROWLAND HILL must certainly sink within him at this grand premonitory flourish of penny trumpets. "By the pricking of our thumbs Something funny certainly comes," for there is to be a rising throughout the country of the legions of Sabbatarianism. A field-day for FALSTAFF'S ragged regiment, with its "shirt and a half !" could not assuredly be more suggestive of the facetious. We await the issue with the drollest anticipations ; and are fain to call out with Gut . BOLDING, even on the strength of mere conjecture, "such fun !" But the announcement is made with all the pomp of Bom- BASTES, with all the mystery of RIGDUM FETNIDOS, with all the sequipedalian grandiloquence of the ever redoubtable CURONONIIOTONTHOLOGOS. The deed is to be done " off-hand," and not by any means "on the sly." We are to witness the simultaneous barricade of all the post-offices throughout the United Kingdom. Led on, under the banner of the umbrella, the strongholds of common sense are to be I stormed and captured—the thoughts, the sensibilities, the commerce of the country are to be put every Sin the seventh t name da y of the G under tr padlock.oDof w And al a lthisis to o o be done ess in the name of the GOD of Humanity and Chris• tianity ! Men may be ruined by this intermittent stoppage of the national circulation : no matter—we shall be spared from the sin of Sunday-stamped envelopes. The nobler and gentler feelings of our common nature may be violated : no matter — we shall be shielded from the crime of a Sunday -stuck Qt en's head." The ordonnations of a beneficent SUN, LONDON. WEDNESDAY EVENING. NOVEMBER 7, and venerable faith may be rendered irksome and intollerable : no matter—the streets will be protected from the profanation of a Sunday-postman's tan tarrarra! And England is to be placed under this periodical interdict, forsooth because a few old women in the garb of the ruder sex have weak nerves and yet weaker intellects! So! the matter goes on bravely. A clear stage, and no pre cipitate interruption—and, please the pigs, we shall have as droll a farce as was ever conceived by an O'KEEFE, or enacted by a LISTON or a KEELEY. Mr. MORRIS BARNETT'S Serious Family is nothing to it—comic as that farce in three acts proves to be before the footlights of the little Haymarket. One thing alone marrs the satisfaction of our anticipations—the over tun of penny-trumpets is just a trifle too protracted —we regard with a sense of tedium the lilliputian fanfarronade of the orchestra. Our impatience disposes us to wax importunate. But the piece is about to begin. Hats off—sit thee down, 0 most ) expectant public, for " the muffin bell rings" and the i curtain rises. rHE FRENCH REPUBLIC. The French papers of yesterday had not arrived when we went to press. De within m the br laste : " A W ft e er fin th d e s t e h r e iou fo s ll e o r w e i n n es w in hic th h e h D av i e x , few days,agitated the high governmental regions , aschis schism is on the point of taking place in the old majority, from the ranks of which will arise a new parliamentary party, decided on sup porting the personal policy of the President. A preparatory meeting took place on Friday even ing, at the hotel of the Prince de la Moskowa. Amongst th e representatives present wer e M ess rs. Lucien an d Antoine Bonaparte, Casabianca, de la Moskowa, F. de Lagrange, Vieillard, de la Re doubte, de Sails, de Mouthy, Charamaule, Larabit, de Caulaincourt, Gavini, Lallier, Elchevery, Gene rals Achard, Wast-Vimeaux, Husson, de Gram mont, &c. The new party will follow the line of policy indicated in the message of Louis Napo leon, and will not give its support to the Minis try unless it frankly follows the path traced out by the President. The programme of General d'Haut poul was the subject of some criticism; several of the representatives present at the meeting considered that document as too indecisive, and as not clearly pointing out that entire character of adhesion to the presidential policy which it had a right to expect from a Ministry formed under such circumstances." The French Evenement publishes the following exquisite series of blunders anent Miss Burdett Coutts _ _ " Miss Burdett Coutts, the rich heiress of the Duchess of St. Albans, was introduced the day before yesterday at the Elysee, by Lord Normanby. The rumours of a marriage between Miss Burdett Coutts and M. Louis Bonaparte some months since will not have been forgotten. Miss Burdett Coutts is the daughter of Sir Francis Burdett, formerly Member of the English Parliament, who passed the first thirty years of his life on the benches of the Whigs, and the last twenty years on those of the Tories. The Duchess of St. Albans, who left her her immense fortune, had been well known in the theatrical world as Mrs. Siddons, whose first hus band was Mr. Coutts, the rich London banker, and whose fortune she subsequently bestowed on the Duke of St, Albans, who was younger than her by thirty years, though he descended to the tomb several years before her. The Duchess of St. Albans died about four years ago." BUSINESS DONE IN FOREIGN RAILWAYS AT THE LONDON STOCK-EXCHANGE, Nov. 6. East Indian, 3 3 4—Great Indian Peninsula, s'4—Luxem bourg, I%—Namur and Liege, 534—Northern of France, 3►/4 dis.—Orleans and Bordeaux, 2%—Sambre and Meuse, 2 W 3. GERMANY AND THE NORTHERN STATES. BAVARIA. The Frankfort Gazette gives the following from Spire, dated October 27 :—" Numerous deserters and members of the free corps come in daily from France and Switzerland, but they are immediately seized and shut up in prison. The Baden authorities have given all the Bavarian prisoners of war liberty, with the exception of four, who are too deeply compro promised. 13.0DOLPHE MEGRUOFER, formerly Under Secretary of State to the Minister of War at Carls ruhe, was not among the first body of prisoners at Spire, on the 18th instant, but is still at Carlsruhe. "A certain number of insurgents have just been taken to Dreux Ponts, to be placed before the Cour of Appeal. " Along the whole route, both in towns and villages, they received presents of money, linen, provisions, &c. This proves how lively an interest still prevails in the Palatinate for the free corps of the revolutionists. " Within the last few days there have been sangui nary quarrels between Bavarian soldiery of different arms, at Eidesheim, near Landon. The official trials of functionaries who took part in the revolution are not yet terminated. Nearly 30 of the officials who were most deeply involved have already been hanged. A good many of the cler gy are implicated." TURKEY. Advices from Constantinople, of the 20th ult., state that Sir STRATFORD CANNING had, on the pre vious day, received dispatches from Lord PALMER.. sToN, approving of the course which he had pursued. This intelligence produced the most intense satisfac tion among the Turks of all ranks, to whom the in solence of the Russian mission had of late years be come insupportable. The agents of the CZAR had also for some time past spoken most slightingly of the power of Great Britain, representing her as crushed. beneath a weight of debt, and ut terly unable to go to war. The Turks are indefatigable in their preparations for war. The carpenters are actively employed in rendering every ship in the Arsenal fit for service; an embargo was laid on all Turkish ships in the harbour, but every craft having voluntarily supplied its quota of excel lent seamen for the service of the navy, the embargo was removed. The Turks rejoiced at the idea of joining their fleet to the English Squadron, and clearing the Black Sea of every Russian plank. The army is rapidly increasing, and the men are every day re ceiving instructions from European officers. The for tifications of the Dardanelles and of the Bosphorus have been strengthened. It was reported at Constanti nople on the 20th, that the fleet of Admiral PARSER was in the Sea of Marmora. In the meantime Russia seems inclined to trust rather to her gold than to her steel, for her emissaries are scattering money in every direction, enleavouring to bribe the officials to betray their SOVEREIGN and their country, and in citing the subjects of the Porte in the provinces to insurrection. The Porte has issued to all the civil and military officers of the empire a notification of her late disputes with Russia and Austria. It is stated that so far the rupture is temporary, and no apprehen sions whatever are entertained of events taking an unfavourable turn, but negotiations might aggravate the matter; and of this they will be informed by future advices. The employes are likewise formally instructed to give aid and protection to all the refugees who might appeal for such aid, and by no means whatever compromise the moves of the Cabi• net, by delivering them over to the foreign authori • ties, who might happen to claim them. This edict will meet with great popularity in the provinces, where political events are transmitted in the most exaggerated form. The American Minister at Constantinople, Mr. CARR, has received a letter from a number of Ame rican citizens who held a meeting at the Hotel de la Paix, at Paris, on the 22d of last month, for the pur pose of expressing their sympathy for the Hungarian refugees now in Turkey. The subscribers to this letter call upon Mr. CARR to exert himself in favour of Kossuni and his friends, who have sought refuge in the Ottoman territory. They desire that he will place any ships of the American navy that may be in Turkey at their disposal, if it should be necessary for them to fly from the SULTAN'S dominions; and that when an opportunity offers Mr. CARE will express to his Majesty ABDUL MEDJID how much his noble and generous conduct in the present question is calculated to excite the admiration of the people of the United States. TILE COURT.—We understand her Majesty and his Royal Highness Prince Albert, and the youthful members of the royal family, according to present arrangements, intend to leave Windsor Castle to. morrow week, for Osborne, there to stay about a fortnight. Captain Sir James Clark Ross, the Artic voyager, visited a large circle of official and private friends yesterday. His ship, the Enterprise, with her con sort, Captain Bird, are expected to arrive at Wool wich this day. THE MEDITERRANEAN FLEET.—Sir William Parker and his fleet had not reached Athens on the 20th ult.,but were report , d to be within a day's sail of that place. The gallant Admiral was merely expected to touch at Athens, and then to proceed directly to the Darda nelles. _ We understand that Mr. Dyce Sombre is still dissatisfied with the restrictions on his person and property, imposed by the Commissioners of Lunacy, and that he is preparing a petition to the Lord Chancellor for another medical and judicial investi gation. Mr. 'Wingfield, one of the Masters in Chancery, and the father-in-law of the Lord Chancellor, has resigned his office. This makes the second vacancy, and we believe there is an understanding that the Masters will be limited to their now existing number. MONEY and COMMERCIAL NEWS , CITY, QUARTER TO THREE. There was a steady demand for Cotton at Liverpool yesterday. The sales were 8,000 bales, including 4,000 on speculation.—Railway ehares were dull. The Corn Market is firm to-day. The continental mails are all out of their usual course this morning, and this causes a very dull state of things in the City. -- The American private letters were delivered yesterday afternoon, and it would appear from them that the cotton crop may even yet prove larger than has been reported. A great deal must depend on the picking season, as it is not always that there is time for secur ing the quantity grown. The specie in the New York banks was diminishing, although the money market ge nerally continued easy. The returns of the Banks of New Orleans to the Board of Currency, dated September 29, shows on hand specie to the amount of 7,470,292 dolls.; a circulation of 4,490,023 dolls.; deposits 6 583,042 dolls.; loans on deposit 8,215,471 dolls.; exchange 1,924,273 dolls.; due foreign and domestic banks, less exchange. 1,592,202 dolls. Total cash liabilities 12,797,511 dolls. Total cash assets 18,169,248 dolls. The injury done to the French colonies by the revolu • tion of February has been incalculable, and it must be the work of years ere a recovery can be looked for. The Ottoman Consul-General has officially notified the intention of his Government to pursue the same course in its exchange operations as it did last year ; consequently fall operations entered into by the Bvik of Constantinople will be entirely for account of the Ottoman Government, M. Jacques Alle m and M. Emanuel Baltazzi being en !rusted with the direction of the establishment, and being in that capuity empowered to issue bills of exchange, which are guaranteed by the Imperial Go'vernment. In the English Stock Market, the quotations have been without even a fractional variation, owing to the absence of news. Consols have been 92;1 I. The wisdom of the policy adopted by the Turkish Go vernment in delaying to send the Hungarians to Eng land, is much questioned. Exchequer-bills are 455. to 48s. premium, and India Bonds 82s. to 85s. India Stock has been firm at 258. The New Three-and-a-Quarter per Cents. have been quoted 92i Foreign Securities have been a little more in re quest, but are comparatively inanimat9. Spanish Three per Cents. have been quoted 34i, and have not improved upon the information that Mr. Falconnet, the new envoy of the bondholders, has left for Madrid in company with Mr. Baring. Portuguese Four per Cent. Bonds have realised 33. Mexican have been 26, cod Chilian 94 to 95. Russian Bonds have been quoted 107, and Dutih Two-and-a-Half per Cents. 53k. Railway Shares are flat. North Stafford 6* i; North Western, 1144 to 1151; Eastern Counties, 7 to 68, and Aberdeen 13 to 131. It is stated in reference to the latter, that the direotors want no more money to com plete the line, as would be inferred by a paragraph that has appeared in the Times. The amount needed, say 100,0001., is said to be for additional plant, and will not be required for some time. BRITISH FUN DS THI3 m the DAY AT ONE O'CLOCE. (Fro Official List.) 3 per Cent. Reduced Annuities 91%% 3 per Cent. Consols Anus 92% 4 New 3% per Cent. Anus 9 2 1h% Long Annuities, Exp. Jan. sth, 1660 8 7-16 D 0.30 Years, Expire Octl 0,1859 -16 Do. 30 Years, Expire Jan. 5, 1860 6% 8 11-16 India Stock 258 India Bonds under 1,0001.. .. Consols for Account Exchequer Bills. I IA& 2d. March. June. 45 48 p 95 48 p 45 48 r 1,0001. 500/ — Small — PRICE OF FOREIGN FUNDS AT ONE O'CLOCK. Chilien Bonds, 6 per Cent .. .. 94 95 Danish Bonds 1825, 3 per Cent.... 72 72 1 4 Equador Bonds 3!gi Mexican 80nt5,1846, 5 per Cent., Coupons k , Ditto Ex Jan. Coupons Ditto Account ....... Portuguese Bonds, 5 per Cent — Ditto 4 per Cent. er Cent lO7 Russian Bonds, 182 2 , 5 p Spanish Bonds, 3 per Cent 3438 Dividends on the above payable in London. Dutch 2 1 % per Cent., 12 Guild Ditto 4 ner Cent. Certificates SYSLNESS DOSE IN RAILWAY SIIARES AT ONE O'CLOCK RAILWAYS. PAID. PER. Smuts. Aberdeen - Ditto, Preference 6 1 ,4 •••••• • .... to Amber., Notting., Boston, &c 6 3 /a — x.i. to - -Ayrshire and Galloway ...... 7% — to i3elfast and County Down .. 26% .. .. 3erks and Hants Extension (Gt. West. Perpet. 5 per ct.) 6 ...... • ... dirmingnam & Oxford J unct, calls duly pd, or with guar. 20 Do., withor to guarantee... 20 ... 3irmingham,Wol., & Dudley, calls duly pd, or with guar. 10 ... . Do., without a guarantee... 10 Binning., Wol., & Stour Val. 131.14 s — i3irkenhead, Lancashire, and Cheshire Junction 20 3oston, Stawf., & Birming...7l. 4s — ...... to Bristol and Exeter . 9O Do~ Thirds 3uckinghamshire..• 17% ...... to :;aledonian Ditto, New 101. Preference 10 ....«8 .... .to 8% Ditto. Clydesdale Junction 50 %ester and Roly'ood SO Ditto, Preference lareice. Do., let Class, 6 per Cent... 10 - . ••• to D0..2d Class, 5 per Cent... 10 Do. Gov. Loan, 4 per Cent. 10 >irect Lordoa & Portsmouth 54 to Dabliq and Belfast Junction.. 40 Oandalk and Enriskillen ... 27% — to - , :ast Anglia, 25/. L. & E., sod L. &1) . 25 ...... Ditto, 15? , ., E. & H IS ... .. Do, 31. 191..,6 p. Ct. Pref. 3% — ..... to Eastern Counties Do. New Guarant. 6per Ct. 10 Do. Exten., 5 per ct. No. 1,6 i. 13s. 4d .. p Do., do N 0.2,6/. 13s. 4d... par Do., Northern & Eastern... 50 Do:, 5 per cont. Ditto, New ..... ....... ..... . 43 . .... to E as t er n Urion, Cass A (late E. U. Shares) ••••••••• .. 25 - ...••• to Ditto, ditto, Class A, ditto 3% , Ditto, do, Class B (I. & B) 25 Ditto, do, Class C, ditto... 25 Ditt,o Scrip (gut.. 6 per et.) 20 . — ..... to East Lar cashire ... Ditto, New ... 25 - Do., New Quarters Do., 6 per Cent. Preference Qaarter Shares 6 14 — to East Lincolnshire 25 — to Edinburgh and Glasgow 5O — to Ditto, Half Shares Edinburgh and Northern Ditto, New poi t F.xeter, Yeovil, & Doichester 2% — Exeter and Exmouth... ilasg., Dumfries, & Carli&e..Bl. 63.8 d — ...•. to Glasgow, Kilmarnock, & Ayr 50 Do. Preference Consolidated Great Northei.l 2O Do. % A Deferred ..... ... 12 1 ,4 — Do. 1 / 2 B 6 per Cent. Do., 5 per Cent. Pre' ...... 10 ...... 7% 1 ,5i to Gt. South. & West. (Ireland) 47 1 ,4 — to Greet North of England ..... .100 ......903 . to Ditto, New 404.....••. .. 4O Ditto, ditto .....•....••••• 35 - ... . to Ditto, New 30/. ........ ...... 30 ... Ditto, New 151........» ..... 15 •••••• . Great Western 100 Ditto, Half Shares Ditto, Quarter Shares Ditto, Fifths Do. New 174 - Hull and Selby Ditto, Ha"' Shares .. ...... 25 Ditto,Quartor Shares 12% •— ...... to Lancaster and Carlisle.... , ... 50 Do., Thirds Lancashire and Yoskshire ... 100 .... . Ditto, d;tto, M. B. &tl ... 98 Ditto, ditto Ditto Half Shares ... 49 Ditto Quarters 22% to Ditto Fifths ... Ditto. Thirtis..•••• - ...... ••• /6 %...•• ...... to Do., New Guar. 6 per cent. 10 - • ..•• to Do. Liverpool and Bury... 49 Do. (Hudders._ and — Shell) 50 ... ... _ _ Do., West Riding Union... 10 .... . Do., Preston and Wyre ... 25 ...... Do., do., Half Shares (A) 10 ...... Leeds and Bradford 5O ..... ...... to Leeds and Thirsk ...-.... Do. , do., Prefer., 6 per Cent S . .... Do. Pref. Quarters, 1848... 9 ...... Liverpool, Crosby, andSouth port. London & 81ackwa11.....11 1 . 63. 3 d ..... . 3 1 / 2 5 / 2 _ t o _ Lond., Bright., & South Coast 100 Do., New .51., gua. 6pr Ct.loo Do. Guaranteed b per Cent. 9 •••••• .. •••• to De. Preferential, 5 per Ct., 50 •••••• ..... to Ditto, ditto 1852 50 ..... _ London and Greenwich... 12/.155. 4d... ... Ditto Preference ............ 20 London & Not Lli Westelii.....loo 11.5%...... to 114 3 /A Do. New Quarters.. ........• 12 - Do. Fifths , ......... .. 7 *•••• .. ••• to -- Do. 40/. Shares... -L. & Al 9 5 Do. 101.... M. and B. (C.) 1 London end S. Western..-... 50 Ditto, New 501........ . ..... 424.... Ditto, NE w 40/. Do., New Scrip, 1848, Pref 7 per Cent ••• 5 . ... 6 5 4..... to Londonderry and Coleraine... 25 Do. Half Shares Londonderry and Enniskillen 25 ...... ..... to Do., Half Shares ... . . ....... 5 ...... —...— to Lswestoff, gum 4 per ct...... 20 ...... Ditto (guar. 6 per cent. ... 13 Stanch, Buxton, & Mat lock 5 ...... Mancbr, Sheffield, and Lirc.loo ...... Ditto IA Shares( No. 1) ... 23 ...... 9%a•• Ditto, ditto (No. 2).....•.•• 25 ...... Ditto, I/ 8 Shares (No. 3 )... 12 1 ,4...... Do., New 101 . Preference.. 10 ... .. Ditto, Grimsby & Sheffield 58 ...... Ditto, ditto. Ditto, ditto Ditto Sheffield and Line 22%...... Ditto, Grimsby Dock ...... 25 ...... Ditto, Man. & Lir Union 41. 25. ... Ifl9cl'and..... :, .... ...... .. ...100 ...... 48 ... Ditto, Consul. Preference...loo ...... Ditto, 50/. Shares .... ...... zo •••••' suli to Midland, Birm., and Derby...loo ... .. m to lidland, Consol. Bristol and Birmingham. 6 per cenL...loo •• ••' Midland, Bristol and Glouc. 42 ••• '• Ditto ditto 22/. 7 s. ... .. Ditto,ErewashVal., Pref... 50 Midland, Leices. and Swan nington (8 per ct.gua.)....1 00 •••• • Midi& Great Weatern (Irish) 50 ...... Middlesbro' and Redcar. 6 per cent. guar. .. Newcastle and Carlisle lOO ...... Ditto Quarter Shares . .... 25 ... .. Newmarket Ditto Extension Scrip... 2/. 1 , 25. — to Newport Abergy., and Heret. 6 Newry and Enniskillen ...... 7 Newry, Warrenpoint, and I? ostrevor .......... ........ 20 Norfolk 100 Ditto New 20/. ls' Ditto Guaranteed 5 per et, 20 Do. Do. 5% per cent Do. do. Waveney Valley.., 2 Northern Counties Union ... 4 North British ......... . 25 ...... Ditto Half Shares, ..... ..... 1214 — to Do. Quarters GI.% .••••• Ditto Thirde'..— 6A..... 3 1 4 to Ditto. Preference ...... 5 gorth Staffordshire... .. ...... 17 1 4 North Wales North Western , xford, Worcester, and Wol verhampton Reading,Guildfd., & Reigats 15 _ — ...... to , _ loyston and Hitchin ;cottish Central!, 25 ... .. Scottish Midland ... ........ .... 25 Ditto, New...... 22% — to Shrewsbury and Birrnineiam 12 Ditto, ditto, Class B. 8 Ditto, New Guaranteed 8 Shrewsbury and Hereford .. 4 Shrewsbury and Chester (Nor. W. :din. ) Ditto Halves. Ditto... 9 ... .. Ditto, Oswestry l B l / 2...... .... to Ditto c _New)... Ditto 8 per Cent. Pref....... 10 Shropshire Union 6 l /2 .. .. ...... Sto South Devon Ditto, Preferencs ....... . ... 25 mouth Staffordshire.... B l /2 to South Easton , : Ditto, No. 2. Ditto, No. 3.: Ditto, Registered No. 4.... 10 Ditto, Scrip No. 4.. South Wales South Yorkshire, Doncaster and Goole ;heffield, Rotherham, and Goole (N.D) Gua. 5 perct. 16 1 / 2 ...... ... Do do. (South Div.) 5 Swans. and Loughor and Ca- meron's Stm. Coal ..... .... . 7 raw Vale Extension .5.... 8 ...... Thames Haven Dock and Railway Vale of Neath Waterford and Kilkenny 2O ...... Waterford and Limerick ... .. 47%•.• .. Waterford,Wexford,Wieklw, and Dublin .. 3 Wear Valley 6 per Cent. Guaranteed ... ...... 50 Do. do. do. Do. do. do. ...... West Cornwall iihitehaven and Furness lB ... .. ..... to Windsor, Staines, and South Western... .. Wilts, Som erset,&Weymouth 45 V ork, Newcastle, and Berwick 25 Do. and Newcastle Exten. 20 Do. G. N. E. Pur. or Pref. lii 3 ...... to Do. Hartlepool Dk. & Rly. 100 York and North Midland .. 50 Ditto, Preference FOREIGN RAILWAYS. Anglo Italian (late Italian and Austrian) 5 l /2 .-- to Boulogne and Amiens 2O .. ... 5% ... .. to Central of France ( Orleans and Vierzon) ... Demerara. Datch Rhenish 3 Eas:: Indian Great Indian Peninsular 5 ...... Do. D 0......... ....... ... 103. Louvain ala Sambre ........ 7 1 / 2 ...... to Luxembourg Ditto ..... Madrid and Valentia Namur and Liege 2O ... .. 5 3 / 4 7.4 ... to Northerniof France 14/ Bs.. ... 3% dis... to Orleans and Bordeaux ... Paris and Orleans... Parts and Rouen .. Paris & Strasbourg ...... ..... 12 Rouen and Havre 20 Sambre and Meuse Strasburg and Bale ..... ...... 14 Tours & Nantas ... .- .. 13 Tournay, Jurbise, Landen, and Hasselt West Flanders B 3/ — ........ to Ditto JOINT STOCK BANKS. Australasia British North American Colonial - ••. 25 ..... 6IA . Commercial of London 20 — - London Joint Stock ..... ..... 10 London and Westminster... 28 National Provincial of Engld. 85 Ditto, New National of Ireland 22% — ... .. to Provincial of Ireland Ditto, New Union of Australia Ditto, New ... 2% — to Union of London ........ ...... 10 Union of Madrid . MINES. knglo Mexican lon ...... Asturian Australian Barrossa Range 285.....•• Blaenarvon Iron and Coal ... 50 Bolanos Scrin British Iron Brazilian Imperirl ..... - ... 24 1 ,4...... •• to Ditto Cocaes and Cuiaba... 39 Ditto St. John Del Rey ... 15 Cobra Copper .. 40 General ... ............... .-.... 29 Real del Mont?. Unregistered . Do. Black Debentures — Do. Red Debentures ... Santiago de Cuba. lO ...... .•• .• to United Mexican COURSE OF Amsterdam ...... •• .. 12 3' Ditto, at sight • • .... 12 1% Rotterdam .... • • 12 :”4 kritwerp •••••••• •• • • • . 25 80 ilamburgh ..... • M.B. 13 14 h Altona — Paris, 3 days'sight 25 55 Ditto, 3 months .... 25 75 *tfarseilles • . .......... 25 7754 Bourdeanx.... • .... • 2122 77% Frankfort on Mains.... 14 Petersburgh, SU. Rble.. 30% Kerlin • • • • •••• .. •• • • Vi e nna, effec. 10 58 Trieste, ditto.... • • .... 11 0 Madrid • • Cadiz •• .• .• •• •• •• •• 49% .311ba0.. • • • • Barcelona BERMON 1849 ILIRDEII. COURT OF CRIMINAL APPEAL, EXCHEQUER CHAMBER. (THIS DAY.) (Before the LORD CHIEF BARON, Mr. Baron PLATT ; Mr. Baron ROLFE, Lord Chief Justice WILDE, Mr. Justice COLERIDGE, and Mr. Justice CRESS WELL.) This being the day appointed for arguing the point reserved on the trial of the Mannings, for the Ber mondsey murder, as to whether Mrs. Manning, being a foreigner and an alien by birth, ought to have been tried by a jury de medietate lingua, the Exchequer Chamber, in which the Court of Criminal Appeal holds its sittings, was crowded to excess long before ten o'clock, the hour appointed for the hearing. The audience was chiefly composed of barristers, who oc cupied all the available space in the body of the court, whilst all the approaches and purlieus were equally thronged by the public, attracted by curiosity, and the universal interest and notoriety which attach to every incident connected with this case. The Attorney-General, Mr. Bodkin, Mr. Clarkson, and Mr. Clerk appeared for the Crown ; and Mrs. Manning was represented by Mr. Ballantine, and Mr. Parry. Mr. Saunders appeared on behalf of the male prisoner, Manning. The Judges entered the court shortly after ten o'clock, and Mr. BALLANTINE immediately proceeded to open the question, on the part of the convict Mrs. Manning. He said this case had been reserved from the last session of the Central Criminal Court, upon the question whether the female prisoner was entitled to a jury de medietate linguae, on her trial for the murder of Patrick O'Connor. He (Mr. Ballantine) was instructed on her behalf to support the view of the case that she was entitled, by our laws, to a jury composed half of foreigners; and he would call their Lordships' attention to the different Acts of Parlia ment applicable to the question. The claim made by Mrs. Manning for a jury de medietate linguae was made under ic.statute of Edward 111. (vide "Bacon's Abridgment," vol. 4, page 456), in which the right of aliens to have such a jury was clearly laid down. That Act of Parliament was again referred to by the 6th George IV., cap 50, sect. 47, which is declaratory of the continuance of that right so far as aliens were concerned ; and he thought their Lordships would consider that this was a case of no small importance, when it was remembered that Mrs. Manning, whose life was involved in the issue, and who came there to complain of not having had a fair trial, in not having a trial before such a tribunal as by law had been the right heretofore of every alien in this country. He contended that a woman marry ing an English subject in this country, married wilt the presumption that her rights and privileges by law would be maintained to her, unless notice to the con trary were given to her before marriage. And, by a sort of side provision in one of the statutes to which he had referred, the jury process and arrangements, which were considered part of the Constitution of this country, were supposed to be interfered with, and that by an Act of Parliament in which the term "jury" was never mentioned from beginning to end, and by the passing of which the Legislature could cer tainly never have intended to affect the arrangements of juries in this country. The trial by jury was so much and so important a part of the Constitution of this country that any alteration of it was regarded with the greatest concern and vigilance by those who are interested in preserving the liberties of this country. For those reasons he felt there was cast on him a task of very great impor tance, and on their Lordships also lay the necessity of looking into this matter in the broadest and most extended view that could be applied, to see what really was the intention of the Legislature in passing the statutes relative to aliens. In the statute of Edward the words used were somewhat peculiar, and had certainly been considered in different ways by very considerable authority. It did not use any expression denoting any distinction between aliens and denizens; but it used words which would render its provisions applicable both to aliens and denizens. Mr. Chitty (vide " Chitty's Criminal Law," vol. i., page 525) says—" Besides the ordinary special jury, there is another description of jury, which aliens and denizens, by the humanity of our law, are entitled to demand," treating it as a matter of right that both aliens and denizens were entitled to be tried by a jury de medietate lingua. In the subsequent Act the word " denizens " is not used at all, and therefore that would probably militate against the proposition he had to submit to their Lordships; but if their Lord ships interpreted the Act of Edward as Mr. Chitty had done, they would say that every person born abroad and under foreign allegiance would be entitled to a jury de medietate linguae, and would be in a po sition to demand it as a matter of right. Now, from the time of the statute of Edward every alien or foreigner had been in the habit of claiming a jury de medietate lingua, and the mode in which it was done was by no means unimportant. In the second volume of " Hale's Pleas of the Crown," p. 271, it was said "if a person alleged that he was an alien, he might challenge the array for that cause ;" but neither there nor in any of the authorities which he (Mr. Ballantine) had had the opportunity of looking at, did any issue seem to have been raised on that sub ject. The Act of Parliament granted the privilege to aliens and denizens, and it would; unquestionably appear that none but aliens and denizens would be entitled to that privilege; but there was no means pointed out by that Act of Parliament to settle whe ther a person was an alien or a denizen, nor was he aware of any power in any court to decide that question. He should say that if a person alleged himself to be an alien, it seemed to have been the intention of the Legislature that he should have a mixed jury, merely on that, his allegation. The practice before criminal tribunals in this country always was, that where a prisoner was a foreigner, the officer of the court asked him whether he wished to have a foreign jury, and no issue was ever raised ; but upon that allegation (using the words of Lord Hale) a jury de medietate lingua was awarded as a matter of course. Under these circumstances he submitted that the Attorney-General had no power whatever on the trial to place this woman upon proof of her being an alien, and that her allegation of being an alien was sufficient of itself to entitle her to have Et mixed jury. Up to the time of the statute of Victoria such a right would have been allowed to her ; and now the question was whether that privilege had been taken away by the statute to which he had just referred—that was, whether she was entitled to that privilege, being indicted with another person. The Attorney-General, to support his view of the case on that point, had relied on the case of Barr (" Moore's Reports," p. 557). That case was quoted upon the trial, and he (Mr. Ballantine) had given it a great deal of consideration since, and he con fessed he was not quite able to understand the meaning of that case or the application of it, except generally that under some circumstances or another a foreigner shall be ousted of a jury de medietate lingua, but what those circumstances were he con fessed it was very difficult to understand. He should submit that supposing that case to be an authority for ousting a co-defendant from a jury de medietate lingua on the ground that he was connected with other parties, it would be a violation of the statute of Edward 111., and the subsequent statute of George 111. would be rendered absurd almost, for there would always be a great number of cases in which, by a foreigner being indicted with others having a very trifling share in [the imputed crime, he might be de prived of his unquestionable right to have a mixed jury. According to every principle of law there could be no difficulty in trying these persons separately, and he therefore apprehended their Lord shi p s would rule that e this case of Barry was not one in point. He was re minded by his Learned Friend that this was a joint and several indictment , and both parties, or either of them, might have been found guilty ; and upon consie deration he was convinced their Lordships would be of opinion that the case ought not to deprive a de fendant of a privilege awarded to him by Act of Parliament. But the great point in the case would turn upon the construction to be placed upon the Act of Parliament quoted by the Learned Attorney- General on the trial. Did its operation take away the right to be tried by a jury de medietate lingua? In deciding that question it would be his duty, in the first instance, to call their Lordships attention to the 2d and 3d sections of the Act, in addition to the one by which the disability is supposed to be created. By the 16th section of the 7th and Bth Vic., chap. 66, it was enacted that a woman married to a natural born subject, or to a person naturalised, should herself be deemed and taken to be naturalised, and entitled to all the rights and privileges of a natural born subject. It was qui te clear, howrever, that she could not take all the rights and privileges of a natural born subject, and he would pre ently show their Lordships why. The 6th section of th , same Act points out the way in which aliens can become naturalised. It was by obtaining a certi ficate from the Secretary of State, but the statute provided that no such na turalised sub j ec t should be capable of becoming a Privy Councillor or a Member of Parliament, while the Secretary of State might insert in the certificate what other restrictions he thought proper. Now, it could not be con tended that an alien woman being married to a British born took more privilege than a naturalized subject. There were certain other exceptions contemplated by the Act, clearly indi cating that a naturalized subject ought to be placed in a different position to a subject horn within the realm, and when, therefore, they looked at the meaning of the Act, the words, "she shall enjoy the rights and privileges of a natural born subject," must be taken with considerable limitations. But their Lordships would perceive that the Act itself dis tinctly specified, that a woman married to a British born subject should be deemed and taken to be naturalized ; and the position he wished humbly, but earnestly, to urge upon their Lordships was, that this woman, by her marriage, acquired certain rights and privileges awarded to naturalized subjects ; but did not deprive her of the rights and privi leges she was entitled to before the Act passed. That was the proposition he wished to place before their Lordships, and upon looking both at the provisions and the preamble of the Act it was quite clear that the intention of the Legis lature was to confer certain rights and privileges upon aliens—to enable foreigners at a much smaller expense than formerly, and in a much more convenient manner, to become citizens of this country, but not to deprive them of any of the rights and privileges which they enjoyed before the parsing of the Act. If the Legislature had intended to do this, at all events it would have given a foreign woman coming to Ws country some warning upon the subject; but he believed their Lordships would be of opinion that had the Legislature taken away the privileges which she already possessed, it would have done it in a direct manner. Rights and privileges conferred by an Act of Parliament could only be removed by a statute ; it could not be done by drawing an in ference from a clause in an Act of Parliament passed for entirely different purposes. He would now, with their Lordships' permission, direct the attention of the Court to " Comyn's Digest," vol. 1. title Alien, c. which states, no alien charged with enormous crimes or offences, such as murder, are liable to be punished in the ordinary course of justice, by being tried under a local statute, and accordingly a foreigner, who had been indicted under such a statute for stealing from a shop, was directed to be acquitted of that offence, and found guilty of larceny only. That - was the case of Molere. Mr. Justice CnasswELL—ls not that case men• tioned with a remark in " Foster." Mr. BALLANTINE was not aware that it was. Mr. Justice CRESSWELL—I rather think it is to be found there with some observation upon the statute. The ATTORNEY.-GENERAL—Yes, my Lord. I think the observation is this—" The Learned Judge showed more humanity than discretion in giving that direction." Mr. BALLANTINE continued—Now, the statutes repealed by this lid are the 12th and 13th Wm. chap. 2; George 1., section 1, chap. 4; 14th George 111., chap. 84 ; but there was the statute of James 1., statute 2, which did not appear to be repealed by this Act of Parliament, nor wes he aware that it had ever been repealed at all. By that statute no person cen be naturalized unless he hrs taken the sacrament within the previous month, and subscribed to certain oaths ; and if their Lordships agreed with the dictum of the other side, that aliens can be naturalized and oaths got rid of in this wholesale manner, there would be an end to any necessity for struggling to do away with certain oaths and disabilities, which at one time were considered to be of vast importance for the subjects of this Protes tant kingdom. It seemed to him, however, that the object of this Act only had reference to the rights of property, and, therefore, he apprehended, upon con sidering the whole tenor of the Act, it would be im possible for their Lordships to say that it took im. portant personal rights away. He submitted to their Lordships that the question involved in this case was one of great importance, and he certainly did feel some anxiety as to the result. He trusted that he had placed before their Lordships sufficient grounds, though not to have made the crse of disnaturalization, if he might so use that expression, at least to convince them that the Attorney-General, on the part of the Crown, was not justified in depriving this woman of the important right to be tried by a jury de medie tate linguae. The LORD CHIEF JUSTICE—Does any counsel appear on behalf of Manning? Mr. SAUNDERS said he appeared on behalf of Manning. .. The ATTORNEY-GENERAL agreed with his Learned Friend on the other side that the question in dispute was certainly one of considerable importance, but he apprehended that Maria Manning, not being an alien, the trial would have miscarried had it taken place before a tribunal constituted as his Learned Friend contended it ought to have been. Mr. Justice CRESSWELL—AS against her or Man- _ ning ? The ATTORNEY - GENERAL Said against her, and be had authorities to show that she could not waive or consent to anything. The LORD CHIEF JUSTlCE—Supposing the point had been pleaded and not denied ? The ATTORNEY-GENERAL said, of course, and that was his answer to his Learned Friend's observa tion, that if a party alleges she is an alien, and it is not denied, it cannot be a mistrial. Besides, there was an admission on the record, so to speak, that she was not an alien ; and not having been so stated, in law and in fact had the court granted her a jury de medietate lingua, the whole trial would have mis carried. He made this observation not for the purpose of the , argument, but because several learned persons—or persons who were con sidered learned by courtesy—had made observations and written opinions that this right ought to have been conceded to the woman as a matter of fairness. The LORD CHIEF JUSTICE—It would have appeared by the record not simply that she was admitted to be an alien, but the matter of fact would have shown that she could not have been an alien. The ATTORNEY-GENERAL—Just so. Having dis posed of that matter he would now, with their Lord ships permission, take the arguments of his Learned Friend in the form and order that he advanced them. Although the great point depended upon the construction of the statute, he would - take Barr's case in the first instance, because that was the first point his Learned Friend touched upon- Well, then, he apprehended their Lordships would he of opinion, from what he should hereafter state, that that case was properly decided. It was quite clear, however, that the Alien Act did not apply t O this case. It did not contemplate two parties being indicted for the same offence, one an alien and the other a denizen, but the case it did contemplate was where either of the two sides to a case was an ' alien. Whether this case of Barr was a civil action or a criminal prosecution he could not then say. Mr. Baron PLATT—Have you caused search to be made for that information ? The ATTORNEY GENERAL said he had sent for it, hut it could not be foul d. It could not be found at the Rolls' Chapel, but it was just possible it might b e dug up in the Tower. Mr. Baron PLATT—Because it makes all the difference whether it was a civil claim or a criminal prosecution. The ATTORNEY-GENERAL said, no doubt. Ne y ' r ' although his Learned Friend had read to their Lor d : ships Barr's case, it was in an abridged form, but be h a ' a fuller report, and by that it appeared that the atto r ' ney of the Queen brought Barr and other merchants into court, of whom some were foreigners and others English, and it was decided that each of the V° parties, aliens and denizens, were not entitled to be tried by separate juries. Had the defendants bee n all aliens, then they would have been entitled to a mixed jury. True, a peer claiming the privilege t c ; be tried by his peers would be allowed, but that thc!, not stand upon the same principle. The law required_ that all parties should be tried by their peers. A P eer ., by peers, and a commoner by commoners.; but tii! case rested upon a different principle, an d tne,. decision on it was perfectly warranted in point 01 law. The statute of Estaples, 27 Edward 3d, chaps 8, statute 2, it is provided that where two parties are strangers, it shall be tried by strangers, and if ov° party be denizens or natural born subjects, anf: the other party aliens, then the issue 511 41 4. be tried by a jury composed of one be l ' t strangers and the other half English. 1 wok no notice of the case of one side being Enr l , s o and foreign, and if their Lordships would look at French part of the statute they would u e i „ the terms " entre " betty een aliens and (lor a , zens," clearly indicating that the d ecis t he in Barr's case was correct, and that .uri statute did not confer the privilege of a mix ed i li a. where one of two or three defendants was an : A But the question here was, what is an alien •, is denizen of this country could be natura lizect oii France so as to escape his allegiance t° 05 ,d, kingdom as some people had suPP ie at, while it was clearly laid down in Bacon's a bridg t de , in the part entitled " Denizens and Aliens," ?lit, a s nizens were those who were made so by Pa -e ar aed well as those who were English born. His Lear be Friend, therefore, misconstrued the statute -b en supposed that it extended a law de medietate 11 f i ght to this case. But, said his Learned Friend, ° ot hers c onferred by statute could not be taken away 0t t he wise than by statute. It is clear, however, f.bein• meaning in the text-books, and the statutes..„` „Net selves, that no such right was conferred hero 04950- of Parliament, unless the parties were aliens; 11 ,9 600 0 3 ing over Molere cases, which he had already u_'.,`,-,pofe. of, he would observe it was. a mistake to T' ro riea that the term de medietate linguW ' g ets ton e that the jury should be composed of half and from the district where the prisoner had ' l f ,bt be of half Englishmen. A Frenchman wil tb.°. tried by six Englishmen and six Russian?, H oa r, i l t , term used in the statute was " l'estranger. _ l ajus io was all very well to talk about there being n,_° . . t t ore in the Alien Act to trial by jury, re l epr iee t cs o were many cases were parties we allusi en as of their rights without any of w hich sl o t the jury, the most familiar illustration __ ide a t _ e the statute of William 111 , which P7' the coo ll a that ~ simple treason should be tried accordingdw_aid of common law. his Learned Friend be be ta ueo right conferred by the statute could only EXCHANGE. Gibraltar• • • • • • •• •• •• •• ••• Leghorn ...... • . 15 •• • • Genoa •• .• 26 50 Milan •• • 00000 •• •• •• Venice .• •• .• •• Naples •••••• • • • • • • 40N Palermo, peroz 1214 Lisbon.. • • • • • • • • • • .... 534 Oporto •• •• •• .• •• •• •• 534 Rio Janeiro ••••• • •• • • Buenos Ayres .. .. New York, 21 days'sight Philadelphia .. . FILICZB OP BULLION, PER Of. Foreign Gold in bars...£3 17 9 Portugal Gold Coin .. 0 0 0 Spanish Doubloons .. 0 0 0 New Dollars ...... 0 4 10 Silver in bars ........ 0 4 11% LLOYD'S SHIPPING—(THIS DAY.) LONDON, Nov. 7.—Wind this day at noon S.S.W., moderate breeze, and dull hazy weather with drizzling rain. BRIXHAM, Nov. 6.—The Taff Vale came within the pier yesterday, with three feet water in her hold, having sprung a leak, 4th instant, when off the Start. DEAL, Nov. 6.—Arrd. sth Sam Slick, River Gambia; 6th, Malcolm, Rio Grande for Rotterdam; John C. Chalhour, New Orleans for Antwerp; Heather, Mac donald, Pugwash and Queenstown. Arrd. from the River and sailed, Hants, Osborne, Singapore. Arrd. from the River, Morley, Strudy, Madras; Heroine, Robson, Coquimbo; Vigilant, Conway, St. Vincent; Valiant, Young, Berbice • Lord Montgomery, Eskdale, St. Lucia ; Waterlily, liart, Jamaica; Fantome, Bawn, Jamaica; Montrose, Howe, New Orleans. DARTIOOUTH, Nov. 6.—Wind W.—Arrd., 6th, Escort, Jarrett, Labrador. Off Port, 6th, Carnation, Slaughter, Quebec. BRISTOL, Nov. 6.—The Renfrewshire, from Quebec, in coming up the river this morning, got on shore Mow the Round Point, and remains. PORT TALBOT, Nov. 6.—lt blew hard from N.W. and W. yesterday, wiih a heavy sea on the bar ; and to-day it blows a fresh gale at N. W. LIVERPOOL, Nov. 6.—Wind N.W.—Arrd. sth, Janet, Davidson, St. Domingo ; Seraph, Smart, St. Domingo, and not the " Stirif," as before reported. 6th, Elizabeth, Main, Callao; Freeland, Savanilla ; Hibernia , Malony. Philadelphia ; Cambridge, Peabody, New York ; Or leans, Boyart, St. John's, New Brunswick; Goliah, Slater, St. John's, New Brunswick ; George, Simpson, Quebec. Off Port, 6th, Higginson. FISHGUARD, Nov. 4.—Ten schooners and ten sloops (laden) have just arrived in the roads, but it is blowing too violently to go out to ascertain their names. sth, It has been blowing a very heavy gale from W. to N.W., and there is every appearance of it continuing. A schooner was lost last night on the rocks in Abuithey Bay, about seven miles west of this place. Should the wind come more round to N., and blow as at present, heavy losses will have to be reported. MILFORD, Nov. s.—lt has blown a gale to-day at W. to W.N.W.—The Acorn, of London, was in contact this morning with the Princess, of London, and both sustained considerable damage. The Lydia, Liverpool to Rotterdam, struck on a sunken rock off St. David's yesterday morning, and sank ; crew saved. PWLHELLI, Nov. 6.—lt commenced blowing hard on the night of the 4th instant, which increased to a sharp gale at S.W. on the next day. There are about 20 sail of coasters lying in the roadstead. To-day it is blowing hard at W.N.W., with a wild appearance. PADSTOW, Nov. s.—The schr. Ocean, of Aberystwith, from Cork to Portsmouth, was driven on shore at Maw gan Porth this morning; has bilged, and is much damaged; cargo landed. WESTPORT, Nov. s.—The Charlotte, from St. John's, New Brunswick, to the Clyde, has put in here leaky, with loss of sails, spars. &c., and out of provisions. THE MURDER AT DALE- GAT,E.— The prisoner Banks, who has been in custody at Brighton nearly a fortnight on a charge of being concerned in the murder of Mr. George Stonehouse Griffith, the brewer of Brighton, in February last, underwent another private examination before the Brighton magistrates on Monday. Two fresh witnesses, we hear, were examined; but in so strictly private a manner are the examinations conducted that we have not been able to ascersain the purport even of the fresh evidence against the prisoner. It has oozed out, however, that, in order to clear himself from the charge, Banks gave the name of a hostler at an hotel, with whom he said he was sleeping during the night of the murder, and that on this h ostler being placed in the witness-box he declared that the prisoner's assertion was false. The examination lasted about an hour, and re sulted in the prisoner being again remanded for a week. Time is the rider that breaks youth—,Eliza Cook's Journal. • w•NV ;~ h a 13; PA