The Sun. — London, England, 1842-03-04 00:00:00

THE AFRICAN SLAVE TRADE. THE QUINTUPLE TREATY FOR TIIE SUP PRESSION OF THE AFRICAN SLAVE TRADE. —(Signed at London, Dec. 20, 1841.) ART. L — Their " Majesties the Emperor of Austria, King of Hungary and Bohemia, the King of Prussia, and Emperor of all the Russias, engage to prohibit all trade in slaves, either by their respective subjects, or under their respective flags, or by means of capital belonging to their respective subject& ' • and to declare such traffic piracy. Their Majesties further deolare, that any vessel which may attempt to carry on the slave trade shall, by that fact alone, lose all right to the protection of their flag. ART. ll.—ln order more completely to accomplish the object of the present treaty, the high contracting parties agree by common consent, that those of their ships of war which shall be provided with special warrants and orders, prepared according to the forms of the annex A of the present treaty, may search every merchant vessel belonging to any one of the high contracting parties which shall, on reasonable grounds, be sus pected of being engaged in the traffic in slaves, or of having been fitted out for that purpose, or of having been engaged in the traffic during the voyage in which she shall have been met with by the said cruisers ; and that such cruisers may detain, and send, or carry away such vessels in order that they may be brought to trial in the manner hereafter agreed upon. Nevertheless, the abovementioned right of search ing the merchant vessels of any one or other of the high contracting parties shall be exercised only by ships of war whose commanders shall have the rank of captain or that of lieutenant in the Royal or Impe rial navy, unless the command shall, by reason of death or otherwise, have devolved upon an officer of inferior rank. The commander of such ship of war shall be furnished with warrants according to the form annexed to the, present tl•eaty, under letter A. The said mutual right of search shall not be exer cised within the Mediterranean Sea. Moreover, the space within which the exercise of the said right shall be confined shall be bounded, on the north, by the 32d parallel of north latitude; on the west, by the eastern coast of America, from the point where the 32d parellel of north latitude strikes that coast, down to the 45th parallel of south latitude ; on the south, by the 45th parallel of south latitude, from the point where that parallel strikes the eastern coast of Ame rica to the 80th degree of longitude east from the meridian of Greenwich ; and on the east, by the same degree of longitude, from the point where it is inter sected by the 45th parallel of south latitude up to the coast of India. ART. lll.—Each of the high contracting parties which may choose to employ cruisers for the suppres sion of the slave-ttade, and to exercise the mutual right of search, reserves to itself to fix, according to its own convenience, the number of the ships of war which shall be employed on the service stipulated in the second at isle of the present treaty, as well as the stations on which the said ships shall cruise. The names of the ships appointed for this pm pose, and those of their commanders, shall be communi cated by each of the high contracting parties to the others ; and they shall reciprocally apprise each other every time that a cruiser shall be placed on a station, or shall be recalled thence, in order that the necessary warrants may be delivered by the Governments au thorising the search, and returned to those Govern ments by the Government which has received them, when those warrants shall no longer be necessary for the execution of the present treaty. ART. IV.---Immediately after the Government which employs the cruisers shall have notified to the Government which is to authorise the search the number and the names of the cruisers which it in tends to employ, the warrants authorising the search shall be made out according to the form annexed to the present, treaty, under letter A, and shall be delivered by the Government which authorises the search to the Government which employs the cruiser. In no case shall the mutual right of search be exercised upon the ships of war of the high contract ing parties. The high contracting parties shall agree upon a particular signal, to be used exclusively by those cruisers which shall be invested with the right of search. ART. V. —"The cruisers of the high contracting parties authorised to exercise the right of search and detention in execution of the present treaty shall con form theniselves strictly to the instructions annexed to the said treaty, under letter B, in all that relates to the formalities of the search and of the detention, as well as to.the measures to be taken,' in order that the vessels suspected of having been employed in the traffic may be delivered over to the competent tribunals. The high contracting parties reserve to themselves the right of making in these instructions, by common consent, such alterations-as circumstances may render necessary. The cruisers of the .high contracting parties shall mutually afford to each other assistance in all cases when it may be useful that they should act in concert. ART. Vl.—Whenever a merchant vessel, sailing under the flag of one of the high contracting parties, shall have been detained by a cruiser of the other; duly authoristd to that effect, conformably to the provisions of the present treaty, 'such merchant vessel, as well as the- master, the crew, the cargo, and the slaves who may be on board, shall be brought into such place as the high contracting parties shall have respectively; designated for that purpose, and they . shall be cTefivered over to the authorities appointed with that view by the Government within whose pos. sessions such place is situated, in order that proceed ings may be had with respect to, them before the com petent tribunalS in the manner hereafter specified. . . Whentthe commander of the cruiser shall rot think fit to undertake himself the bringing in and the de livery up of the detained vessel, he shall intrust that duty to -an officer of the rank of lieutenant in the Royal or Imperial navy, or at least to the officer who shall at the time he the * third in authority on board the detaining ship. ART. VII.-Tf the commander of a cruiser of one of the high contracting parties should have reason to suspect; that a merchant vessel sailing under the convoyof, or in company With,'a, ship - of war of one of' the other contracting parties, has been engaged in the slave trade, or has been fitted out for that trade, he shall make known his suspicions to the commander of the ship of war, who shall proceed alone to search the suspected vessel ; rkrul in case the last-mentioned com mander should ascertain that the susnicion is well fotmded,-.he shall cause the vessel, as well as the mas ter, the crew, the cargo, and the slaves who may be on board, to he taken into a port belonging to th 3 nation of the detained vesSel,` to he there proceeded against before the competent tribunals, in the manner hereaf ter directed. ART. saon as a merchant-vessel, de , ta'ned, and sent in for adjudication, shall arrive at the port to which she is to be carried in conformity with annex B to the present treaty, the commander of the cruiser Which shall have detained her, or the officer ap pointed to bring her in, shall deliver to the authorities, appointed for that purpose, a copy, signed 'by himself, of all the lists, declarations and other documents spe cified in the instructions annexed to the present treaty, under letter B ; and the said authorities shall proceed, in consequence, to the search of detained vessel, and of her cargo, as also to an inspection of her crew, and of the slaves who may be on board, after having previously given notice of the time of such search and mspe'gtion to the commander of the cruiser, or to the officer who shall have brought in the vessel, in order that he, or some person whom he may appoint to re present him, may be present thereat. A minute of these proceedings shall be drawn up in duplicate, which shall be signed by the persons who shall have taken part in, or who shall have been pre sent at, the same ; and one of those documents shall be delivered to the commander of the cruiser, or to the Officer appointed by him to bring in the detained vessel. ART. IX.—Every merchant vessel of anv one or other of the five nations, which shall be searched and detained in virtue of the provisions of the preSent treaty, shall, unless proof be given to the contrary, be deemed to have been engaged in the slave trade, or to have been fitted out for that traffic, if in the fitting, in the equipment, or on board the said vessel during the voyage in which she was detained, there shall be found to have been one of the articles hereafter speci fied, that is-to say— • 1. Hatches with.open gratings, instead of the close hatches, which are used in merchant-vessels. 2. Divisions or bulk-heads, in the hold or on deck, in greater lumber than are necessary for vessels en gaged in lawful trade. 3. Spare plank fitted for being laid down as a second or slave-deck. 4. Shackles, bolts, or handcuffs. 5. A larger quantity of water, in casks or in tanks, thin is requisite for the consumption of the crew 01 such merchant vessel. 6. An extraordinary number of water-casks, or of other receptacles for holding liquid, unless the master shall produce a certificate from the Custom-house at the place from which he cleared outwards, stating that su ent s?mirity had been given by the owners of such vessel fiat such extra number of casks or of other receptacles should only be used to hold palm-oil, or for other purposes of lawful commerce. 7. A greater quantity of mess-tubs or kids than are requisite for the use of the crew of such merchant vessel. 8. A boiler; or other cooking apparatus, of an un usual size, and Luger, or capable of being made larger, than requisite for tifette crew such mer , ehant-iess . ol"; . or raore - --t ' boiler, or other cook ing- appargais: of the ordiniirsfze. 9. An extraordinary quantity of rice, of the flour of Brazil‘manioc .or cassada, commonly called farina, or o fo f ed mai w ze l; o i r, Ind;an corn, or of 'any other artiute of crew ; un a lo r, beyond the ..pr4abie wants of the dian cam, or .v.ch T h iantity of4e, farina, maize, In ' on the rna Y ni lL s t artiste` food, should be en cargo of the vessel. as *diming part of the trading 10. A quantity of mats orm m a e t r t c in h g, t ssgrveeateerls unless necessary for the use . of suc h merchant such mats or matting be entered on the manifest as founding part of the cargo. If it is established that one or more of the articles above specified are on board, or have been on board during the voyage in which the vessel was captured, that fact shall be considered as prima facie evidence that the vessel was employed in the traffic ; she shall in consequence be condemned, and declared lawful prize, unless the master or the owners shall furnish clear and incontrovertible evidence, proving, to the satisfaction of the tribunal that at the time of her detention or capture the vessel was em ployed in a lawful undertaking ; and that such of the different articles above specified as were found on board at the time of detention, or which might have been embarked during the voyage on which she was engaged when she was . captured, were indispensable for the accomplishment of the lawful object of her voyage. Art. X.—Proceedings shall be immediately taken against the vessel detained, as above stated, her master, her crew, and her cargo, before the competent tribu nals of the country to which she belongs ; and they shall be tried and adjudged according to the established forms and laws in force in that country ; and if it results from the proceedings that the said vessel was employed in the slave-trade, or fitted out for that traffic, the vessel, her fittings, and her cargo of merchandise, shall be confiscated ; and the master, the crew, and their accomplices, shall be dealt with conformably to the laws by which they shall have been tried. In case of confiscation ' the proceeds of the sale of the aforesaid vessel shall, within the space of six months, reckoning from the date of the sale, be placed at the disposal of the. Government of the count:y to which the ship which made the capture belongs, in order to be employed in conformity with the laws of that country. ART. any one of the ariicles specified in Article IX. of the present treaty is found on board a merchant vessel, or if it is proved to have been on board of her during the voyage in which she was captured, no compensation for losses, damages, or ex penses, consequent upon the detention of such vessel, shall in any case be • granted, either to the master, or to the owner, or to any other person interested in .the equipment or in the lading, even though a • sentence of condemnation should not have been pronounced against the vessel, as a consequence of her detention.. ART. all cases in which a vessel shall have been detained in conformity with the present treaty, as having been employed in the slave trade, or fitted out for that traffic, and shall, in consequence, have been tried and confiscated, the Government of the cruiser which shall have made the capture, or the Government whose tribunal shall have condemned the vessel, may purchase the condemned vessel for the • service of its Royal navy, at the price fixed by a com petent person, selected for that purpose by the said tribunal. The Government whose cruiser shall have made the capture shall have a right of preference in the purchase of the vessel. But if the condemned vessel should not be purchased in the manner above pointed out, she shall be wholly broken up immediately after the sentence of confiscation, and . sold in sepa rate portions after having been broken up. ART. Xlll.—When, by the sentence of the com petent tribunal, it shall have' been ascei tained that a merchant vessel, detained in virtue of the present treaty, was not engaged in the slave-trade, and was not fitted out for that • traffic, she shall be restored to the lawful owner or owners. And i in the course of the proceedings, it shall have been proved that the vessel was searched . and detained illegally, or without sufficient cause of suspicion ; or that the search and detention were attended with abuse or vexation, the commander of the cruiser, or the officer who shall haVe boarded the said vessel, or the officer who shall have been intrusted with bringing her. in, and under whose authority, according to the nature of the case, the abuse or. vexation shall have occurred, shall be liable in costs and damages to the masters . and the owners of the vessel and the cargo. These costs and damages may be awarded by the tribunal before which, the proceedings against the de tained vessel, her master, crew, and cargo, shall have been instituted ; and the Government of the country to which the officer who shall have given-occasion for such award shall belong, shall pay the amount of the said costs aid damages within the period of six months from the date of the sentence, - when the sentence shall have been pronounced by a tribunal sitting in Europe, and within the period of one year when the trial shall have taken place out of Europe. ART. XIV. When in the search or detention of a merchant vessel, effected in virtue of the present treaty, any abuse or vexation shall have been commiited, and when tae vessel shall not have been delivered over to the jurisdiction of her own nation, the waster shall make a declaration, upon oath, of the ahuses or vexa tions of which he shall have to complain, as well as of the costs and damages to which he shall lay claim ; and such declaration shall be made-by him before the competent authorities of the first port of his own country at which he shall arrive, or before'the con sular agent of his own nation.at a foreign port, if the vessel shall in the first instance touch at s foreign port where there is such an agent. This declaration shall be verified by means of an examination upon - oath — of the principal' petions l i amongst the, orew or the passengers who shall have witnessed the search or detention ; and, a formal statement of the - whole shall be drawn up, two copies whereof shall - be - delivered. to the master, - who shall forward one of then to his Government, in support of his claim for cost and daniakeS: It is understood, that if any circumstance beyond control shall prevent the master from making his de claration, it may' be made by the owner of the vessel, or by any other person interested in the equipment or in the landing of the vessel. On a copy of the formal statement above-men tioned being' officially transmitted .to it, the Govern ment of the country to which the Officer to whom the abuses or vexations shall be imputed shall belong, shall forthwith institute an inquiry; and if,the validity of .the complaint shall be ascertained, that Govern ment shall cause_to be paid to 't4 master or the owner, or. to any other person interested in the equipment or lading of the molested vessel, the amount of costs and damages which shall be due to him. . ART. XV. The high contracting parties engage reciprocally to communicate to each other, when asked to do so, and without expense, copies of the'proceed- - ings instituted, and. of the judgments given, relative to vessels searched or detained in .execution of the provi sions of this Treaty. - - ART. XVI. The high contracting parties agree to insure the immediate freedom of all the slaves who shall be found on board vessels detained and condemned in virtue of the stipulations of the present Treaty. ART. XVII. The high contracting parties agree to invite the maritime Powers of Europe which have not yet concluded treaties for the abolition. of the slave trade to accede to the present LTreaty. ART. XVIII. The acts or instruments' annexed to the present Treaty, and which it is mutually agreed to consider as forming an integral part thereof, are the following : A. Forms of warrants of authorization, and of orders for the guidance of the cruisers of each nation, in the searches and detentions to be made in virtue of the present Treaty. B. Instructions for the cruisers of' the naval forces employed in virtue of the present Treaty, for the sup pression of the slave-trade. . ART. XIX. The present Treaty, consisting of .19 Articles, shall be ratified, and the ratifications thereof shall be exchanged at London at the expiration of two months from this date, or sooner if possible. - • In witness whereof, the respective Plenipotentiaries have signed the present Treaty, In English and French, and have thereunto affixed the seal of their arms. Done at London, the 20th day of December, in the year of our Lord 1841. ABERDEEN. ROLLER. • • ST. AULAIRE. SOME-Min. BRUNOW. . ANNEX.-INSTRUCTIONS TO CRUISERS. 1. Whenever a merchant vessel belonging to, or bearing the flag of, any one of the high Contracting parties, shall be, visited by a cruiser of any one of the other high contracting parties, the officer commanding the cruiser shall, before he proceeds teihe visit, exhibit to the master ,of such vessel the special order's which confer upon him by exception the right to visit her; and he shall deliver to such master a certificate, signed by himself, specifying his rank in the navy of his country, and the name of the ship which he com mands and declaring that, the only object of his visit is to ascertain whether the vessel is engaged in the slave trade, or is fitted out for the purpose of, such traffic, or has been engaged in that traffic during the voyage in which she hits been met with by the said cruiser. When the visit is made by an officer of the cruiser other than her commander, such officer shall not bz.. under the rank of lieutenant in the navy, unless he be the officer who at the time is second in command of the ship by which the visit is made44and in this case, such officer shall exhibit to the intlstir of the merchant-. vessel a copy of the special orders above-mentioned, signed by the 'commander of the cruiser, and shall likewise deliver to such master a certificate; signed by himself, specifying the rank which he holds 3n the navy of his country, the name of the commander under whose orders he is acting„ the name of the cruiser to which he belongsy -and . _ the object of his • . visit, as hereinbefore recited. If it shall be ascertained by,the visit that the ship',- papers are regular, and her proceedings lawful, the officer shall certify upon the log-book of the vessel that the visit took place in virtue of the special orders above-:mentioned ; and when these forrnall!les shall have been completed the vessel shall be' permittecl_toi continue her course. 2. If, in consequence of the, visit, the officer com manding the cruiser shall be of opinion that there are sufficient grounds for believing that the ves sel is engaged in the slave-trade, or has been fitted out for that trafoc, or has been engaged in that traffic during the voyage in which she is met with by the cruiser ; and if he shall in consequence deter mine to detain her, and to hate her delivered up to the jurisdiction of the Competent authorities, he shall forthwith cause a list to be made out, in duplicate, of all the papers found on. board, and he shall sign this list and the duplicate, adding, after his own name, his rank in the navy, and-the name of the vessel under his command, He shall, in like manlier, make out and sign, in duplicate, a declaration, stating the place and time Of the detention, the name of the vessel, and that of her master, the names of the persons composing her crew, and the number and condition of the slaves found on board. This declaration, shall further, contain an exact de-• scription of the state of the vessel and her cargo. 3. The commander of the . cruiser shall, without delay, carry or send the • detained vessel, with her Master, crew, passengers, cargo, and the slaves found on board, to one of. the . ports hereinafter specified, in order that proceedings may be instituted in regard to them, conformal - TY to the laws of the country under whose flag the vessel is sailing ; and he shall deliver . the same to the competent authorities, or to the per sons who shall havee - heeia specially appointed for that purpose by the Government to whom such port shall belong. . 4. No person. whatever shall be taken out of . the detained vessel, nor shall any part of. her cargo, nor any of the slaves found on board, be removed from her, until after such vessel shall have been delivered over to the authoyities of her own nation, unless the removal of the whole or part of the - crew", or of the slaves found on board.; shall be deemed necessary, either for • the preservation of their lives, or from any other consideration of humanify, or for the safety of the persons who shall be charged with the navigation, of the vessel after her detention. In any such case, the commander ,of the cruiser, or the officer appointed to bring in the detained vessel, - shill make a declaration on such re moval, in which he shall specify the reasons for the same ; and the masters, sailors, passengers, or slaies so removed, shall be carried to the same, port as the . vessel and her -cargo, and they shall be received in the same manner as the vessel, agreeably to the regulations hereinafter set forth. Provided always, that nothing in this paragraph shall be understood as applying to slaves found on board of. Austrian, Prussian, or Russian vessels ; but such slaves shall be disposed of as is specified in the following paragraphs. 5. All Austrian vessels which shall be detained on the stations of America, or Africa, by the cruisers of the other contracting parties, shall be carried and deli vered up to the Austrian jurisdiction at Trieste. But if slaves shall be found on board any such Aus trian vessel at the time of her detention, the vessel. shall, in the first instance, be sent to deposit the slaves at that port to which she would have been taken for adjudication if she had been sailing under the Eng lish or French flag. The vessel shall afterwards be sent on, and shall be delivered up to the Austrian ju risdiction at Trieste, As abdve stipulated. All French vessels .whic'h shall be detained on the western coast of Africa by cruisers of the , other con tracting parties shall be carried and delivered up to the French jurisdiction at,Goree. ' All French vessels which shall be detained on the eastern coast of Africa by the cruisers of the other contracting parties shall be carried and delivered up to the French jurisdiction at The Isle of Bourbon.. All French vessels which shall be detained on the coast of America to the southward of the 10th degree of north latitude, 'by the cruisers of the other con tracting parties shall be carried s and delivered up to the French jurisdiction at Cayenne. All French vessels which shall be detained in the. West Indies, or on the coast of America, to the north ward of the 10th degree. of' north latitude, by the cruisers of the other contracting parties, shall be car ried and delivered up to the French jurisdiction at Martinique. , All British vessels which shall' be detained, on the western coast of Africa by the eiuisers of ; the other contracting parties, shall cbe carried and delivered up to the British jurisdiction at Bathurst on the river Gambia. • . All British vessels which shall be 'detained on the eastern coast of Africa by the cruisers of the other contracting parties, shall be carried and delivered up to the British - jurisdiction at the Cape of .Good Hope. All British Vessels which shall be detainedon the coast of America by the Cruisers of the other contract= ing parties shall :be carried and 'delivered up to the British Jurisdiction at the Colony. of Demerara, or at Port Royal, in. Jamaica, according as the commander of the cruiser may think most convenient. All British vessels which shall be detained in the West Indies-by the cruisers of the other contracting; parties shall be carried and delivered up to the British jurisdiction at Port Royal, in Jamaica. All Prussian vessels which shall he detained ,on the stations of America or Africa, by the cruisers of the other contracting parties, 'shall be carried and deli vered up to the Prussian jurisdiction at Stettin. But if slaves shall -be found on board any such Prtiss;an vessel at the time of her detention, the ves sel shall, in the first instance, be Sent to deposit the slaves at that pert to Which she would have been taken for adjudication if she had been sailing under the English or - French flag. The vesse l shall after wards be sent "on, and shall be delivered up to the Prussian jurisdiction at Stettin as above stipulated. All Aussian vessels 'which 'shall be detained on the stations of America or Africa, by the cruisers of the other contracting partieShall be carried and delivered up to the Russian jurisdiction at Cronstadt or at Re vel, aceording as the season of the year may allow the one or the other of those' pOrts to be reached. ' •But if slaves shall be - found: on board any .such Rus sian vessel at the time of her detention, the vessel shall, in the 'first instance, be sent to deposit the slaves at that pOrt to which she would have been taken for ad judication if she had been sailing under the English or French flag. The vessel shall afterward s be sent on, and shall be il;eliVeied up to the Raissian jitrisdic -tion at Cronstadt, or at Revel, as above stipule 6. As soon as a merchant-vessel, which shall have bcen'aetained• as aforesaid ; shall arrive at one o f th e forts . : or places above-mentioned, the commander of the cruiser, Or the officer appointed 'to bring in such detained vessel, shall forthwith deliver to the authorities duly ' appointed for that purpose by . the Government within vvhose territory such port Or place, fihall bo,: the vessel arrheit tcdfrg6,:fogtther with lhomaster, crew, passengers, and slaves found on board, and also the 'papers which shall have been seized on board the vessel, and one of the duplicate lists of the said papers, retaining the other in his own possession. Such officer shall at the same time deliver to the said authorities one of the original declarations, as hereinbefore specified, adding thereto a statement of any changes which may have taken place from the time of the detention of the vessel to that of the deli very, ,as well as a copy of the statement of anyre movals which may have taken place, as 'abOve pro vided for, '- In delivering over these several docninents the officer Shall make, in writing and an oath, an attesta tion of the truth. 7. If the commander of a cruiser of one of the high contracting parties,-who shall fie duly, furnished with the aforesaid special .instructions,. shall have reason to suspect that a merchant .vessel sailing under convoy of, or: in Company with, a ship of war of any one of the, -- other contracting par ties, is engaged in the slavO-trade, or has been' fitted .out for the 'purpose of that traffic, or has been ,engaged in the traffic in slaves during the voyage in Which she is met with by the said cruiser, heshall confine himselfto communicating his. suspicions to the commander Of the' ship of war, and he shall leave it to the latter to proceed alone to visit the suspected vessel, and to deliver her to the jurisdiction of: her own country, if there should be cause for doing so.B. By Article IV. of the treaty it is stipulated, that in no case shall the mutual right of visit be exercised upon ships of war of the high contracting parties. iS•agreed that this exemption shall apply equally to.vessels of the Russian-American Company, which being commanded by officers of the Imperial navy, are authorised by the Imperial Government to carry a flag which distinguishes them from the merchant navy, and are armed and equipped similarly to trans ports 'of war. - It is further understood that the Said vessels shall be furnished with a Russianpatent, which shall prove their origin and destinatien. The form of this patent Shall be drawn up by common consent. It is agreed that this patent; when issued by the competent autho rity Treaty in Russia, shall be countersigned a t S t. Peters burgh by the Consulates of Great Britain and France. th 9 of 9. In the '3d clause o p f r a oo rt f ic t l o e shall be presumed to be engaged in the, Slave -trade if there 'be found 'on board spare plank fitted for being laid down" as a second or slave deck. In order to prevent any abuse which might arise from an arbitrary interpretation of this clause, it is especially recommended to the cruisers hot to , apply it to Austrian Prussian, or Russian vessels employed in the timber trade, whose manifests shall prove that the planks and joists which they have, or have had, on board are, or were, a part of their cargo for trade. Therefore, in order not to harrass lawful commerce, cruisers are expreSsly enjoined only to act upon the stipulations contained in the third clause of article 9, when there' shall be on board the vessel visited spare plank evidently destined to form a slave-deck. T ty with e iu undersignedl Plenipotentiaries3th artiarticle of the have Treaty agreed, ssigned' by confohremi by thein this dajr, that these instructions shall be an:. • nexed to the Treaty signed t4is , _betwlen, Gr?. 4 Britain, Austria, France, Prusia,' and Russia; fM• 'the suppression of the African slave-trade, and shall be considered as an integral part of that Treaty. In witness whereof, the Plenipotentiaries of the high contracting parties have signed this annex, and have thereunto affixed the - seal of their arms. Done . at London, the 20th day of December, in the year of our Lord, 1841, ABERDEEN. KOLLER. ST. AULAIRE. SCHLEINITZ. BRUNOW. T fl 0 THE - SUN, LONDON, FRIDAY MORNING, MARCH 4, 1842 SPIRIT of the PUBLIC JOURNALS. FROM TEE EVENING PAPERS OF YESTERDAY. GLOBE.— The -appointment of I ns p ec t or s, w hose duty it is to visit and examine the state of the different pri sons of the kingdom, and to report the result of their ob servations and inquiries, formed a part of the plan by Which the late Government proposed to equalize the punishment of criminals sentenced to imprisonment, and to render the discipline of gaols subservient to the great purpose of reforming their prisoners. The periodical reports of the Prison Inspectors, which have been published by order of - the House of Commons, prove how much the visits of officers im mediately responsible to and in constant communication with the Government, were required. It was scarcely credible that—after so much had been said and done within the walls of Parliament for the . improvement of criminal prisons, and . by philanthropists who made prison discipline the object of their special study and constant aim—these objects, after so much care, should have been found so far from what they ought to be,'whether the designs of their institution be considered subjectsof their dis- N e sii p t l h ine r , e o fe r re t n o ce tn t e o i t n h t e e r u e unhappy society. If a' criminal sentenced to imprisonment is ever to be liberated, and again permitted to mix in society, it is obvious that nothing should be done, and least of all done on purpose, to make him a worse member of society morally or physically, than when he was com mitted to prison. For a long series of years this obvious truth was almost wholly disregarded. Because punish ment was inflicted in prisons, it was supposed that pri sons were only provided . for the infliction of punish ment. The means were therefore, it must be con fessed, adapted to the end. In many instances the health of the prisoners became seriously, if not incurably, affected by the filthy and. crowded state of the wards and cells into which they were thrust. In other casts, the want of employment and the absence of classification, confirmed habits of idleness,. the in dulgence of which had, been the precursor of crime. By bringing the juvenile offender into contact with the more expert and confirmed depredator, the latent prin ciples of virtue were eradicated, and he was returned to society more hardened and depraved than when he .was committed to prison. Hence the considerate por • tion of the public became. indisposed to prosecute the young 'offender against honesty. They shrunk froth the idea of converting a petty offender into a hardened villain, or the visiting of a youthful failing with loath someness and disease. Thus criminals escaped, and impunity encouraged crime,which spread its baneful influ ence through society. Were prisons properly managed —were the reformation and punishment of criminals provided for—and the public satisfied that such are the objects sought and reasonably secured—instead of any disinclination being felt, the laws will be put in execu tion against the offenders, from a conviction that to arrest tie progress of the criminal is not merely a benefit to society, but a blessing to himself. STANDARD.—Two amendments to the Ministerial propoSition of the Corn-laws were offered to the House of Commons. The first, which suggested an altera tion of the terms of the sliding scale, was introduced by Mr. E. Buller in a speech of some length, in which the Honourable Gentleman. recommended his plan as compromise that was to. givg general satisfaction. It was opposed by Sir Robert' Peel on the ground that he had held out no encouragement, to further com promise, and, as little likea-y to be so universally satisfac tory as the mover thought ; and the event curiously verified the Right Hon. Baronet's prediction, for Mr. E. Buller could not find on either side a single member to second his proposition, which acccordingly fell to the ground. The second amendment was offered by Mr. Hastie ; it proposed the admission annually of a million quarters of wheat at a shilling duty, the prefer ence to be given to the earliest arrivals. Sir Robert Peel bestowed some pleasantry upon the race for eorn ships that would be thus institute, and remarked upon the undue advantages that it would give to Rotterdam, Antwerp, and the other nearer ports. Mr. Hastie then withdrew his motion ; but not until the expo sure of its necessary effect had produted " a little mirth. The motion was, no doubt, an absurd one ; but its objects, and •the arguments by which Mr. Hastie supported it, suggest some useful. considerations. The object is to secure at all times a suf ficient supply of foreign corn in the country in aid of the domestic supply ; and this supplemen tary supply Mr. Hastie estimates at a million of quarters, by insuring which the manifold evilS of large purchases abroad would be obviated. These evils, in relation to the.. exchange and, the currency, Mr. Hastie described very forcibly, and' as we think very truly. It might, however, have . occurred to the 1 lonourable Member for Paisley, that there is another and a safer, and a perfectly practicable mode of obviating the evil of large purchases abroad—at least of greatly mitigating that evil. What would he think of augmenting the Cllimestic supply, so as to render such purchases altogether unnecessary on the average of years, or at - least necessary to a. very small extent ? COURIEII.--Being fully satisfied that there is no more effectual way of giving the go-bye to any question, however intrinsically important, than by referring it to a Select Committee of the House of Commons to be re. ported upon, we rejoice at the result of Mr. Duncombe's motion on the subject of prison discipline, and at the exposure of the gross abuses by which ir was accom panied. Now, there ,is no subject upon which the . executive Government can act with greater freedom— , none on which it will encounter less stubborn resistance •—thati in its endeavours to render the. sentence of the law equable, and 'by' the establishment of an uniform system of prison discipline. 'Heretofore it often hap pened from a diversity in prison regulations, and other circumstances, that . parties convicted of similar offences and sentenced to a similar amount of punishment, under went in reality very different degrees of punishment ; thereby prejudicing the administration of justice in , public estimation, and inflicting upon persons equally guilty in the eye of the law a totally different measure of punishment. That great improvement in the regu lations affecting prisoners has taken place within the last few years, and that considerable progress towards the introduction of a uniform system of discipline has. been made, was admitted on all hands; and in no grudging spirit, especially by J. Graham, who availed himself of that opportunity to bear testimony to the success of the efforts made by Lord John Russell to correct abuse-sr suPfklYrdefects, and, otherwise improve the system of prison regulations. - One "great object should' never be lost sight of, and, that is, that no arbitrary rules of visiting justices—no stub born adherence to previous regulations—should be allowed to interfere with the due enforcement of the'law, either in the way of diminishing or aggra vating the punishment awarded to criminals ; but, above all, especial regard should be paid to the condition of untried prisoners, the safe custody of their persons, and vOtaltg haidship tif4ncarce,ra-tion,„lo g y e 9 - sole reason their being detained in piisifn.- . -5, MONEY MARKET &nd CITY NEWS. . FROM THE• MORNING PAPERS OF YESTERDAY. POST.—The report is revived of Mr. R. Thornton being about to be invested with the duties and dignities of President of the Finance Commission of Spain. The long-promised advertisement of Messrs. Bo' rajo and Salamanca, with respect to the capitalisation of coupons, is still looked for in vain by the bondholders, and the reason assigned to Mr. Thornton on the 21st ultimo, for the delay, must, therefore, be another of the many mistakes which have marked the proceedings of these curious people. We understood 111. Borrajo to say, that the observance of strict fairness and good faith required that the announcement should appear simultaneously here and at Paris, and that this was the cause of procrastination; but we have excuse upon excuse, postponement upon postponement, and to speculate on what is' actually going on—what is actually meant —or upon the question whether payment will ultimately take place, or whether it will not—were equally unprofitable to ourselves and our readers. It will, however, occur to moat persons ißterested in the result, that as time elapses, and im pediments seem still to stand in the way of the payment of the present pittance of a dividend, the prospect of a continuance of payment, in the event of a commencement of it being ever made, become less and less encouraging. TIMES. —The premium on gold at Paris is 10i per mille,which at the English mintprice of 31. 17s. 101,-d, per ounce fir.- standard gold, gives an exchange of 2:5 414, and the exchange at Paris on London at short being 25 57k, i,, follows that gold is 0.64 per cent. dearer in London than in Paris. price of go ld i s 43'i per By advices from Hamburgh the mark, which, at ere English Mint price of 31. 17s. 10 1 Ad. per ounce, for standard, gold, gives an exchange of 13 BA, and the exchange at Hamburgh o.s Lone_on at short being 13 9h, it follows that gold is 0.63 per cent. dearer in London than in Hamburgh. 'l..e course of exchange at New between England awl per cent., and the par of exchange York ni London is 1081 England. But the quoted change is 1.33 per cent. against 60 days' -i.ht the interest ats „ , exchange at New York being for bills difference. interest must ;)e deducted horn the afore_ America being 109 23-40 per cent., it it follows that the ex- LAW INTELLIGENCE. HOUSE OF LORDS, March 2. The House sat to=day to hear appeals. The Peers present were the Lord Chancellor, Lord B rou gham, Lord Campbell; Lord Feversham, and the Earl of Falmouth. GARDNER v. SCOTT. This case came before their Lorthhips upon an ex parte ap peal, on behalf of the appellant, against the decision of the Court of Se sion, declaring that his title was not sufficient to enable himself to be infeurt iu certain lands in Scotland, called Lochquarter. • ROLLS' COURT, March 3. No case of interest came before his Lordship to-day. RT, March 3. VICE- CHA CO (Before the VICE-CI44NCEELOR of ENGLAND.) ERVNFILE V. BRYDGES. The further arguments in this case occupied the Court the whole day. Mr. PEMBERTON and Mr. GoaDoN appeared for the ap. pellant. (Before Vice-Chancellor WIGRAM.) BULTEEL V. LORD Asitiont. In this race Sir T. Wilde, Mr. Coleridge, and Mr. Milne appeared for the.plaintiff; the Solicitor-General, Mr. Simp. kinson, and Mr. Loftus Wigram for the defendant; and Mr. Sharp, a n d M r. R omilly for Sir .Edmund and Mr. Benjami n Currie. Sir T. WILDE said be appeared in this case as counsel f or the plaintiff Sir intiffMr. Bolted, - who had filed a bill against Lord Edmund Currie, and Benjamin Currie, for the specific performance of an agreement for the sale of an estate, called the Bagshot Estate, which belonged to his late Royal Ilighns3 the Duke of Gloucester. The defendants were, the executors of the Duke of Gloucester, under whose will they were trustees for sale, either by public auction or private contract. The Duke died on the 30th of November, 1834. It aPPeared'that the trustees, under the advice of Mr. Benjamin Currie, who acted as their solicitor, offered the estate for sale by auction, in July 1835, and again in June, 1836, but upon neither of those eccasions was there any bidding, though every means was takes to effect a sale. On the 12th of June, 1838, the estate was put up a third time, and upon that occasion there appeared to have been, an arrang' ment that the reset ved bidding should be 25,0001. No bidder corning up to that sum the es t a t e was b oug h t i n . Ulti ma t e ly, under c rcumstances which he would state, there was an agreement made by the defendants, Sir Edmund Currie and Mr. Benjamin Currie, acting on their own behalf, and on be- - half of Lord Abinger, with the plaintiff, for the sale of the estate for the sum of 25,0001. On the 26th of July, the de fendant, Mr. Benjamin Currie, wrote to his co-trustee, Lord Abinger, a letter, communicating the fact of that sale ; and that letter was the contract for the sale of the estate, upon the validity of which his Honour would be called upon to decide. The general nature of the question in the cause, was the autho rity either of Sir Edmund Currie or Mr. Benjamin Currie, to make a sale of the estate ; end he believed it would be con tended first, that they never had any authority, it being revoked before the agreement for the sale was executed. The cir cumstances of the case as discovered in the pleadings were these. The estate was charged with considerable legacies, and among others, Sir Edmund Currie was very largely interested in the proceeds. From July, 1835, to July, 1838, 'ineffectual endea vours had been made to procure a purchaser. At last an ar rangement was made which would have terminated in a convey ance of the estate but for the objection which was the subject of discussion in that suit. Both before and after the sale by auc tion in June, 1838, there had been a treaty on foot with the Woods and Forests, who were desirous of purchasing the estate if they could agree upon terms. It appeared also that Mr. Robert Scarlett, the son of Lord Abinger, was nego tiating for the purchase. Whilst these negotiations were pending, Lord Abinger went the Oxford circuit. On the 23d of July, his Lordship either from a knowledge that his son was, or from an anticipation that he would become, a ne gotiator, wrote to Mr. Benjamin Currie to this effect.:—" My dear Sir,—Having heard that my son has made some proposal to you and Edmund," that was Sir Edmund Currie, who it appeared was Lord Abinger's son-in-law—" about the Rapley estate "—that was a name sometimes applied to the Bagshot estate—" I write to advise you that it is exc!usively his own offer." He then stated that he would not, either directly or indirectly, interfere in the matter. It appeared that a com munication had taken place, first between Sir Edmund Currie and Mr. Robert Scarlett, and afterwards be tween Mr. Robert Scarlett and Mr. Benjamin Currie, upon the subject of the purchase of the estate. Mr.' Ben jamin Currie told Mr. Scarlett, that if he would state expli citly the utmost he would give, he would apply to the Woods and Forests, to know whether they would bid higher ; but Mr. Scarlett, disliking, to use his own expression, " being bandied about," declined making any advance upon his previous offer. Thus matters stood, the Woods and Forests having offered 21,0001. and Mr. Robert Scarlett about the same sum, and the latter disclaiming any intention to advance. At this time the plaintiff, Mr. Bolted, who had attended the auction, entered into a treaty with Mr. Benjamin Currie and his partner, for the purchase of the estate. He had at first offered only 20,000/. but continued advancing until the 233 of July when, being about to go abroad, and having already sent his carriages, he offered 25,000/. and requested an immediate answer. Mr. Benjamin Currie dealt with him in the same manner as he had dealt with Mr. Robert Scarlett. Application was made to the Woods and Forests who declined to make any advance upon their previous offer, and to Mr. Robert Scarlett, at his own house, who was discovered to have left town. Under these circumstances, a verbal agreement was made on the 25th of July, by Sir E. Currie and Mr. Berjamin Currie, for the sale of the estate to the plaintiff, for the sum of 25,000/. and Mr. Bulteel, being considered the purchaser, accompanied Sir Edmund to Bagshot. On the 26th, the following day, Mr. B. Curl ie communicated the fact of the sale to Lord Abinger, with the amount for which the estate had been sold. On learning the fact of the sale, Mr. Robert Scarlett wrote to his father, ex pressing his " indignation at the conduct of Edmund ani Benja min Currie, at their want of plain dealing and folly." The letter concluded by praying that, if possible, his Lordship would " prevent the sale from being carried into effect." That prayer was unfortunately too successful, and its success had occasioned four years' of expensive litigation. On the 27th of July L ord Abinger wrote to Mr. Benjamin Currie as follows :—" My dear Sir—l have received your letter, but hav ing by the same post received communications which lead me to think that a higher price may be obtained for the estate than the sum of 25,000/., I cannot for the present consent to the sale of I3agshot for that sum. I think you should inform Mr. Bulteel of this without delay. As we sell as trustees, we are bound to get the highest possible price before we sign a contract. ] shall be in town towards the end c f next week." It should be observed that this letter did not state that a higher price had been offered, but that he thought, from communica tions he had received, that a higher one might be obtained. The Learned Counsel then proceeded to state, that notwith standing this letter, Mr. Benjamin Currie and Sir Edward Currie considered themselves bound to complete the contract with Mr. Bulteel, and accordingly it was signed by them on the 30th of -July. He contended that they were fully authorised'to ds so, and that a Court of Equity would, under all the circum stances, decide in favour of the purchase by Mr. Bilked. The Learned Counsel then proceeded to read a number of let ters, which passed between the various parties to the suit sub seqaent to the transaction. It appeared that Mr. Robert Scarlett subsequently offered 26,00/. ; and that, at the sug gestion of Lord Abinger, a sub-contract Was entered into be tween Mr Scarlett and the trustees, which was to take effect only in case a Court of Equity should decide against the right of Mr. Bulteel to have the contract completed. After com menting at great length upon the correspondence, and upon all the circumstances connected with the transaction, the Learned Counsel concluded by submitting that the plaintiff was entitled to a spec fie performance of the agreement. Mr. COLERIDGE followed on the same side. The plaintiff's case was not concluded when the Court rose. I The hearing will be resumed to-morrow (this day). COURT OE BANKRUPTCY, M2rch 2. THE TALLOW TRADE.-EX PARTE HUBBARD IN BE. BEAU, MONT MARSHALL, A BANKRUPT. - Mr.- Commissioner Evalis gave judgment in this case to day, and said that the facts of the case appeared to be as fol low :—By a contract note, dated the 6th of August, 1841, the creditor sold to the bankrupt certain casks of tallow. The beminrupt stopped payment on the 9th of October following, and a meeting of some of his creditors was held, but the creditors generally were not summoned, and only a compara tively small number attended it. At that meeting it was sug gested that all unexecuted contracts should be closed, and the difference between contract price and market price on that day should be debited or credited to the now bankrupt. To this ar rangement the now bankrupt gave his assent, and upon th,t arrangement Messrs. Hubbard and Co. were entitled to a credit for 4861. by such difference. The bankrupt swore that at this time he contemplated bankruptcy, and was hopelessly insolvent. This proof Was resisted, on the ground that it was what was called in. law a " frau dulent preference." On the other side it was con tended that it was only the settlement of an account, and that even if it could under other circumstances be considered as a " fraudulent preference," yet the consent of the credi tors at the mee;ing made it a good and valid transaction, and cited" Derrow v. Baldwin," 5 East, 175. The question for his (Mr. Commissioner Evans's) consideration was, whether such an advantage could by law be supported? Nothing, he thought, could be more injurious to the interests of the com mercial community than the allowing insolvent debtors to prefer one creditor to another. It must be apparent to every person that such an act on the part of the debtor was dis honest, and if the creditor was aware of the intention of the debtor, it was also dishonest in him. The ease cited from 5 East ought not, he thought, to govern his decision in the pre- sent instance, as there were many circumstances in that which did not arise in the one now before him. There the opinion of Counsel was relied on, as proving the assignees could not hold, and in that case it would appear that all the London creditors were summoned ; in this case there was only a small number, anti that decision, even with all those additional circumstances, did not 'appear to have Met the approbatintr of two of the ablest Judges. It theretire appeared to 'him, on the best con sideration he could give the question, that the transaction be tween Mr. Hubbard and the bankrupt was in law a fraudulent preference, and could not be made the subject of proof. INSOLVENT D.E137'0 le 6" (..'OU.RT, March 3. nE JOAN LIVIN•GSTONE. The insolvent. in this case, was joint patentee with John D.,vis and John Gerard De Witt, in .an invention fcr the .oeunnitv of.buildings from tire. He (low appeared in Court on petetio* tlibefelischateiLiwbikti wati,sfapportnisbv Mr Cooke. His petition wcs opposed in person, y' indvidual name d Youles who V. as clerk to an attorney belonging to this Cou r t, for a debtf arising out of a bill-discounting transaction. It appeared that the opposing creditor had discounted a 291. bill of Exchange for the insolvent, charging a discount of 3s. 61 in the pound, and a balance remaining due, the present oppo sition, was entered. Two deeds of assignment of certain rights, which the insolvent was possessed of, under the above patent, were executed in favour of Mr. Alderman Thomas Wood, and subsequently of a gentleman named Young, which Mr. Youles required to be produced in Court. The Learned CHIEF COHMISSIONER said, although he was amazed at the nature of the opposition entered against thit in • solvent, yet it would be but justice to,the body of creditors that those deeds of. assignment should be produced, and he should consequently adjourn the further hearing of the case for that purpose. RE ROBEItTON. The hearing of this insolsent's petition, which was reported in The Sun, came before the Court on Monday, when it was ordered to stand over, to afford time fur the Learned Chief Commissioner to look over the evidence adduced on both sides previous t) pronouncing judgment. Mr. Cooke having moved that judgment might be pro nounced to-day, The Learned Chief CommtsstoNEß said, from the multifari • ous business pressing upon the court, he hach.been unable as yet to rear, over the evidence. On Monday next the case might come on finally. RE RICHARD ROBIED. The insolvent, who carried on business as a fishmonger at 22, Devon-hire-street, Portland-place, was, opposed by Mr. Nicholls, on behalf of Mr. Jabez Moore, and supported by Mr. Cooke. The amount of debts appearing in his 'schedule was 1,554/. 19s. 3d., whilst .the sum available to his creditors was 16s. He ealculated his weekly profits for a portion of the time, during which ho carried on business in Devon shire-street, at 131., and expenses at 12/. The chief ground of opposition was f n having executed a warrant of attorney in favour of a gentleman .named Mathole, who also held held the lease of his house as security for 2001. which he lent. Air. Mathole said the sum he realised was only 2131. by the lease, and he was qu►te willing to place himself upon the same footing as the rest of the creditors. Mr. Ntcliou.s said the. conduct of this gentleman was highly creditable to him. Mr. Commissioner REYNOLDS concurred in the opinion of the Learned Counsel. Without any reference to the present transaction, he should read the report of a case which was brought before one of the Commissioners of Bankruptcy yes terday, when that Learned Gentleman said nothing could be more injurious to the interests of the commercial community than allowing insolvent debtors to give a preference to one cre ditor above another. It was a principle which ought by all means to be abolished, as nothing tended more to produce liti gation and dishorieqy. In these sentiments he (Mr. Commis sioner Reynolds) fully concurred, and would act upon them generally as much as circumstances permitted. A witness, who had been in waiting to give evidence for four days, being absent, the case was ordered to stand over to next Wednesday. CENTRAL CRIMINAL COURT. OLD COVI?T. The business of the Court did not- commence yesterday till half-past ten o'clock, when the Judges arrived, in conse quence of the absence lf the Aldermen. '1 he usual hour for the business to commence is nine o'clock. ( Before Lord Chief Justice TINDAL. ) CHARGE OF Al URDER.—James Roberts, aged 39, a sailor, was put to the bar charged with the wilful murder of Mary Reed. Mr. Adolphus conducted the prosecution and Mr. Ballantyne appeared for the defence. George Francis Crome, a butcher, in York-street, West minster, stated that on Monday evening the 14th of February, the prisoner was passing along 'York-street, and he met the de ceased. They commenced a conversation, and soon came to high words. The deceased said, you would not use me so if my husband was here. Witness saw the prisoner push the de ceased, and she put a pair of shoes, she had in her hand, into his face. The prisoner struck her on the hand. He said to wit ness, Go on, my good fellow." The prisoner carried in his hand a " grindle," or instrument used by knife-grinders, having a circular piece of wood at one end, and a stone at the other. The prisoner continued abusing the old woman, the deceased ; and he went into a beer-shop, and when coming out he struck her down with the grindle. Elizabeth nutter deposed that she was a widow, residing in York -terrace, York-street. I remember the night the transac tion happened. Heard the prise ner usi ig improper language to a. woman, as I was passing by. After that saw Mrs. Read; she was an old woman. Did not. hear her say anything to tie prisoner. Saw the prisoner strike Mrs. Read against the wall. When I first saw her, she was against her own door. She tried to get past the prisoner, and he took hold of a saucepan, and struck her with it. The deceased turned then to go into a beer-shop. The prisoner said, " You aced not go in there for proteci ion, for I will wait, for thee till thee comes out." The deceased stayed in the beer-shop about three minutes. The prisoner had that thing in his hand (a kind of grinding-stone was here produced, having a long bar of iron through the mid dle of it). As the deceased came out of the beer-shop door, the prisoner lifted up his hand and struck her with that thing (pointing to the bar of iron). That was be fore anything was said on either side, but immediately the deceased appeared at the door, the deceased fell back into the shop. The prisoner again said he would give her a " topper " whenever she came out. I did net know the man before. The prisoner appeared to have been drinking, but he was not very much intoxicated. I saw no mote of the deceased. Cross-examined.—l was an acquaintance of the deceased. I have known her about fifteen years. I have been examined before respecting this trail' action. 1 will swear it was with the stone-end of the instrument that the prisoner stuck the de ceased. I have never had any convers ition with Mr. Crow about the stone. I have had no talk with Mr. Crow about the matter at all. _ _ . . ltlr. BALLANTYNE, reading from the depositions—ls this true, " the man had a grind-stone in his hand, there was a tone and a buff in the instrument. I don't know whether it was the stone or the buff end that he struck her with." Is that true? Witness—l said there was the buff at one end, and the stone at the other. I put my mark to that paper, which meant that it was true. Did not see the deceased attempt to strike the prisoner with a pair of sl 003. I saw her lift her hand up to defend herself. William Alfred Keane—Lives in York-street. Knew the deceased. Her husband was a plasterer. On the 14th Feb. the deceased came into a public -house called the Fortune of War, in York-street, Westminster. She came up to the-tap, and remained from three to five minutes. She went out again, when I heard a blow, and saw the woman stagger back on the " settle." She said a man had knocked nor down with a grindstone. Witness went to the door with the deceased as she was bleeding. The prisoner was there, and he said "it served her right, and he wculd do it again ; she was drunk, and he was not." The deceased was not drunk, but the pri soner was the worse for liquor. Cross-examined—Had known the deceased about two years. William Henry Host, 58 B—Took the prisoner into cus tody. When he took him to Queen-square, the prisoner said, " Where is the woman ?" I said she was not well enough to give her evidence. He said, " God her eyes, I wish I had killed her quite. If I had known she was going to give me such a cold berth as she did I would have knocked her down and jumped upon her, and killed her quite." ( A thrill of horror ran through the Court.) Witness had never asked him any question concerning this transaction. Reginald James—ls house-surgeon to Westminster Hospital. The deceased was admitted on the 14th Februar3. he had a starred" wound on the upper part of the head ; it appeared to have been caused by a blunt instrument. She lived two days. She lost a good deal of blood at the time of the accident. She died from concussion of the brain. This was the case for the prosecution. Mr. BALLANTYNE then addressed the Jury for the prisoner, contending that there was no intention on the Fart of the pri soner to kill the deceased, and concluded by calli g the follow ing witnt sses : Thomas Chandler—Remembers this transaction. Never saw either the deceased or the prisoner before. Was crossing to the Fortune of War, and saw the prisoner and deceased. Toe priso ner h a d t wo kettles in one hand and a grindstone its the other. He was calling pots and kettles to mend. He ap peared to be drunk. The deceased was close behind hint. She passed him on the side on which the kettles were. Saw the kettles go against her gown. The kettles might have struck her, as they were swinging about. The deceased said something, but did not hear what, and then she struck him on the hand with a pair of shoes which she had in her hand. She then hastened towards an alley, went up, and remained about a minute. When she came down again she had a shoe in each hand, and she struck the prisoner in the breast with one shoe after the other. Up to that time the prisoner had sti uck no blow at all. The deceased then ran into the Fortune of War. When the prisoner was struck he followed the deceased to the door. The deceased came out in about a minute. Witness saw the blow struck. After the blow had been struck the prisoner appeared very much excited. William Duggen corroborated the last witness. Stveral other witnesses were called, all of whom gave similar testimony. 111 r. ADOLPHUS having addressed the Jury on this evidence, The LEARNED JUDGE summed up, and in doing so said that the Jury had to consider, under the law which he should ex plain to them, whether the prisoner was guilty of murder, or of the crime of manslaughter only. The law provided that, in cases of this kind, where a blow had been struck from which death ensued, if that blow was struck in a moment of excitement, and in hot blood, that was not held to be murder, but manslaughter only. But it a certain time had elapsed between the moment of provocation and when the blow was struck, that was consi dered to be an act of deliberate vengeance, and, con s?quently, was wilful murder. They wool I have to con sider from the evidence, whether the fatal blow in question was struck close upon the blow the prisoner had received, cr whether there was sufficient time between the two blows for the blood of the prisoner to cool. If they thought that the fatal blow had been inflicted in a moment of irritation and hot blood, then they would find him guilty of manslaughter only ; but if, on the contrary, there was reasonable ground to suppose that there had been sufficient time fut the blood to cool, it would become their bounden duty to find him guilty of the crime of wilful murder. The Jury immediately returned a verdict against the priso ner—Guilty of manslaughter. ThP LORD CHIEF JUSTICE Shen addressed the prisoner, and said he had been found guilty - Of the crime of manslaughter, by a Jury of his countrymen. The offence was committed under most aggravated circumstances. It was a crime nearly approaching to murder ; and had the jury, upon consideration of the evidence, found him guilty of the full crime of murder, he should have inflicted upon him the full penalty of the law. The prisoner had shown a purpose reckless of human life, and t was necessary, for the sake of the public, that he sh , ,uld cave the country for life. The sentence therefore was, that he b.-, transported for the term of his natural SPRING ASSIZES. MIDLAND CI RCUlT—Northumpton,Mareh 1. AMOS V. MOORE. Mr. Hayes opened the pleadings. Mr. Hu men 5. EV stated the case. This was an action of trespass. Plea. Not Guilty. The circumstances giving rise to the present litiga•ion were as follows :—The plaintiff and defendant are both residents in the village of Bugbrooke, in this county, the one being an apprentice in that place to the Messrs. Wheeler, who carry on a manufactory of soap and candles. The defendant having been a maltster, but now living en his property. It appeared that on the 26th of Octo ber, the defendant, a man between thirty and forty years of age, had been married, and that a custom was said tl prevail in that village known by the name of " propping," which cus tom consisted of carrying pieces of timber to the house where the new-married couple were sojourning, and propping the tim ber against it. The plaintiff had accidentally come before the house of the defendant on his way home, where persons had surrounded the same, and were piling timber against it. At the moment of the plaintiff's arrival, the defendant opened the window, and pointing a gun out of it, said, "Dead or alive, I will have at you." He fired, and the shot pierced the plaintiff's face. It was for the injury done to his person the present action was brought, an injury as unprovoked as it was unlawful. „ Joseph Heales, a tailor, was called to prove the statement, and Robert Ashby corroborated his testimony. In his cross examination he said, after the gun had been fired the people broke the windows. Benj tnaM Wheeler sworn and examined—ls in partnership with his brother as candle manufacturers at Bugbrooke. 'The plaintiff is in their service. Remembers the day of . Air. :Moores marriage. Plain . iff, - with the exception of meal times, was at work all the day. He left with witness at half past eleven o'clock. Cross• examined—Plaintiff denied to Mr. Moore, upon being questioned upon the subject, that he had been shot. Defendant took him to a surgeon's. Amos told Moore it had happ ene d i n another way, but dicl not tell what that way was. Ile-examined—Witness , being his ma s ter, t o ld hi m it hap pened in another way. A letter, dated November, 1841, from Mr. Beale to the de fendant, was then put in and rea t. Mr. HILL (with whom was Mr. FLoon) then addressed the jury for the defendant. It was often said the truth of a letter, at least of a lady's, always lies in the postscript, and the truth upon the present occasion had come from that postscript (pointing to the last witness, who had remained in the box). His Learned Friend had open his case as one calling for exem plary damages, that it was a case of unprovoked assault ; the defendant had fired off a gun,the shots from which had wounded him all over the left side of the face,`and had very nearly gone into his eye. He went on to state, that accidentally, or rather providentially, a surgeon was on the spot, and that that surgeon very shortly afterwards dressed the wound. The Learned Counsel proceeded to comment further upon the nature of the evidence that had been adduced, declaring that the defendant had been the party abused by the gross outrage that had been perpetrated against him by the people carrying out. the foolish custom, as it had been called, of propping. Mr. Justice WILLIAMS told the jury, if they were satisfied the defendant had discharged the gun, and had hit the plaintiff in the face, he would be entitled to a verdict ; the question of damages they would also have to estimate: The jury, after a short consultation, returned a verdict for the defendant. POLICE INTELLIGENCE. BO IV-STREET. There were no cases pessessing the slightest interest brought before the Court yesterday, the whole of the night charges consisting of cases of " drunk and incapable." In every instance the prisoners were discharged, and the business of the Court was terminated by eleven o'clock. MAI?LBUROUGH STREET. Thomas Wharen, aged between eight and nine years, who has at least a dozen times been summarily convicted at this Court of misdemeanors, with felonious intent, was again com mitted for two months, to Westminster Bridewell to hard labour, for having been found between seven and eight o'clock on Wednesday nght, secreted behind the counter, of the shop of No. 15, King-street, Golden-square, for an unlawful purpose, no doubt to empty the till of whatever money it might contain at the first opportunity. When asked if he had anything to say in his defence, he answered with a smile, "I've nothing to say. I have no father or mother, that you know ; and IK as hungry ; and so I went into a baker's shop, where there was summat to eat, and what s the harm of that ?" Thomas Collinson, another well-known boy-thief, was re manded until Saturday next, on suspicion of stealing a parcel of loaf-sugar, aaout Ribs. weight, which was found in his pos session last night in l'anton-street, Leicester-square, the pro perty of some person or persons unknown. WORSHIP -ST REE T. Caroline Lewis, one of the fraq sisterhood, was charged with having stolen a pair of shoes at the shop of Mr. Walsh, shoemaker, Brick-lane, Spitalfields. From the evidence of the proseculor's apprentice, a shrewd and intelligent lad, it appeared that on the preceding evening the prisoner called at the shop in company with another woman, and produced an odd shoe, which she said she wanted to have repaired. Whilst he was looking at the shoe, the prisoner took a pair of shoes from a shelf close to the spot where she was standing, and handed them to her companion, but the latter appeared flurried and frightened, and ran out of the shop, upon which the prisoner with perfect cool ness, replaced the shoes on the shelf from which she had taken them. Witness called a policeman and gave the prisoner into custody. - . In her defence,the prisoner said, that she took up the shoes for the purpose of looking at them, and had not the remotest intention of stealing them.—The prisoner was remanded. UNION-HALL. Two men named Robert Smith and James Soaves, were placed at the bar before Mr. Cottinghom, charged with assinit ing and robbing a gentleman, named Pawle, residing at No. 2, Lyon's Inn. Mr. Pawle stated that himself and a friend were returning from the Surrey Theatre, about 12 on Wednesday night, ;mu nearly opposite Rowland Hill's chapel, he was accosted by the prisoner tioanes, who demanded from him a halfpenny. He told him that he had not got one. The prisoner was about to strike him, but his friend deterred him from so , dung. The prisoner was then assisted by Smith, and about ten m ire, who hustled him and. his friend ; he felt some person's hind in his coat pocket, and on turning round he distinctly stw his silk handkerchief in the prisoner Smith's hand. He immediately called " Police," and detained the prisoner, but was severely struck by Soanes, who attempted to rescue him; and had not a policeman come up at the time, he has no doubt the prisoners would have murdered them, Policeman 164, L, said, that the prisoner Smith is well known as a street thief. Mr. CdTTINGTIAM stated, that it was a most daring highway robbery, and had not the police arrived to the assistance of the gentlemen, there is no doubt the prisoners would have emptied their pockets, and severely injured them ; he should have com mitted them for trial, but the gentlemen did not wish to pro secute, therefore, he should sentence Smith to fourteen days' hard labour at the House of Correction, and Soanes for seven days. Achilles Bull, a stout, athletic young countryman, was charged with stealing a loaf of bread from the shop of Mr. Turner, a baker, in the New Cut. The complainant stated that on the previous afternoon, the prisoner walked into his shop, and having asked for a loaf, in stead of paying fur it, he commenced eating it. When re quested to pay for it, he said that he had no money, and that he'd be d—d if he was going to starve in a land of plenty. He was then given into custody. MAGISTRATE—YOU are a fine, powerful young man ; if re duced to such distress why not enlist in the army ; they would be glad to receive you, as recruits are wanting ? Prisoner—l don't like to enlist. I would not go for a seldiet to please any body. Give me a month at the gaol. The MAGISTRATE said that he should commit the prisoner to hard labour for a morth. THAMES POLICE. Lieutenant John Glen Johnston of the Hon. East Ineia Company's service, belonging to the armed steamer Mem non, appeared to a warrant issued on Monday, charging him with having committed an assault upon Robert Gray, Quarter master of the same vessel, on the 27th of Feb. last. Gray stated that in the evening of the day before named he was in bed, in the cabin, with his wife, when the Lieutenant cane to him and ordered him on deck, and having 1:one there he was then ordered below, and was to consider himself a pri soner. Gray refused without knowing what for, when, as he stated, he was forced down, and in the scuffle his shoulder was dislocated. Mr. BALLANTINE inquired of Lieutenant Johnston what reply he had to make' to the charge. Lieut. Johnston said that he was an officer in the service of the Hon. East India Company.. The Memnon, to which he belonged, was a vessel of war, intended for the East India navy, and was about to proceed to Singapore, to join the naval force there. By sections six and forty. three of an Act 3d and 4th Victoria, it is set forth that all officers and men serving in the Indian navy are amenable to martial law, the same as those belonging directly to her Majesty's service. Mr. BALLANTINE asked if the vessel was so constituted while on this side of the Cape ? Mr. Johnston replied that the Act stated " within or with out the limits of the Charter." . Mr. BALLASTINE having referred to the Act, said that the terms were so strong and comprehensive, that he should dis miss the warrant, being convinced that he had no jurisdiction in the ca ,- e. If the complainant thought proper, he was at li berty to carry his complaint elsewhere. Lieutenant Johnston expressed his regret that the case could not be gone into, as they had evidence to prove, not only that the assault was not committed, but that the conduct of the man was such as to require the interference of the officers, he having his wife on board without permission. CORN A VERA GELS, GENERAL AVERAGE PRICES OF BRITISH CORN, For the Week ended Feb. 25, 1842, made up from the Returns c t the Inspectors In the different Cities and Towns in Englanbt and Wales, per Imperial Quarter. Wheat 6ls. 10d. 1 Qats Railer 2Bs. 6d. 1 Rye ...... 31s. toe 1 Pease 335. Id. AVERAGES OF THE LAST SIX WEEKS. Week ending WHEAT. BARLEY.' OATS. BEANS. I PEASE; Jan 21 28 6o 7 28 3 20 1 37 4 Xi 4 33 2 Feb. 4 ... 11 18 6O 0 28 5. 19 8 37 1i 32 3 33 11 25 IMPERIAL AGGREGATE AVERAGES OF THE SIX Witt KS Wheat CO. 7.. 1 Oats - 01.1 Beans 12s 1,1, Harley, 283. 51. 1 Rye DUTIES ON FOREIGN CORN. Wheat :'6 Bcl. 1 Oats Barley l9i 10d. 1 Rye THE IVARKETS.-( YESTERDAY.) COLONIAL MARKET. The publiq sales were of little moment, and privately little business wast transacted ; but in prices little variation took place. 'I he * imports were fair. TEA MARKET. The biddings at the publie sales were brisk, and most of the Tea found buyers at full rates. Common Congou, Is. I cash. TALLOW MARKET. The market was firm, but the demand limited, at 481.3 d. on the spot, and 495. for delivery. WHITECHAPEL HAY MARKET. A very middling supply and demand. Clover, 21. 15s. to 51. 10s. ; 114 y, 21. to 4/. ; Straw, I/. 10s. to 21. COUNTRY CORN MARKETS. to 39 43 35 40 36 `8 C 4 3' 33 j 7 Wheat. j Barley. iOats. Per Quarer Ruston ••••••••• itraintree Camhridge 1 Dunmow Grantham I Grimsby Itaiisharn Hitchin Ipswich Lewin Lynn Maidstone Norwich P~lworth (loin ford Sandwich I.'netfold Wishech (armouth Li WHEAT, Engli Deans. R. tO i. S. 22 38 22 27 34 29 28 ; 7 28 16 25 f'3 :0 23 22 33 2u 26 •:8 33 22 28 29 33 116 21 29 33 HlO 21 27 34 20 30 28 21 26 32 3: 21 22 24 36 18 22 36 39 26 32 25 31 28 50 27 31 ‘.:l 24 25 32 1s ,ti 23 34 c 5 311 32 36 '24 29 28 34 15 21 24 30 21 27 31, 32 24 30 CORN M MUT per 7111 b. ~ to S. 35 38 ai 38 37 44 Neater• e. to 18 93 22 S. to R. 55 70 52 70 330 48 —, 60 56 4'5 40 42 51 61 24 42 (i 0 73 3(3 40 56 74 36 40 66 72 32 r 4 50 4i7 34, 4a 60 67 33 31 tiO Cat 34 35 50 61 n el 31 59 67 30 40 60 (6 4 - .43 38 57 61 34 - 40 51 48 :It 38 61 71 93 :I:9 61 64 110 44 57 63 131 31 58 f,B 27 31 60 69 I 1 38 40 1 VERPOO, —March I ish, White, , 9-. 41. to 104 04 Red :h, Welch, and Manx , Whi , e 6lO 7 l n • --- Red 6 0 7 6 ± Fo re i gn , .„., OATS, RlCiiCh. Welsh, and Scotch, per 451 b 2 9 3 ' _. 1 Irish..,. Foreign 64 iii-Ev, English, Malting, per Imp. quarter ...... - - Scotch mid Irish, pet Mho. Feeding n 8 3lO BEANS, English, per Imperial quarter 4O 0 43 0 . Irish, 84t. 6 Foreign PEASE, English. per In, PEASE, quarter 42 0 44 0 --- Foreign FLOUR, English, per 2801 b. 46 0 50 0 Irish OATMEAL, English and Irish, per s24olbs INDIAN CORN, per 4801 b. RYE, per Imperial quarter MALT, per Imperial quarter " 342 11 :o 0 a '. " 546 3 6:4 . uvoA°o -. ;7/ `2 i - i 3 5 33 34 32 36 T 6 V, 411 44, 30 3t 36 39 n 34 36 SO 35 39 4° Sco tc I Irish, i The premises n iunsom-street, Bath, known as the Old Bath Bank, and recently occupied by Messrs. Hobhou33 and Co., were sold on Saturday, at the large sum of 4,00 The purchase was made by the Directors of the West of Ent' land and South Wales District Bank. A tradesman bid 4,020 1 4 but refused to go higher. MADAME D'ARDLAY'S DIARY AND LETTERS, VOL. 2.—lf any one (observes a contemporary), after a careful eX amination of the first volume of this work, can have retained doubt that it will form, as a whole, a publication, not merely_ of unequalled interest, curiosity, and amusement, but of big and permanent literary and historical value, the second volume , which is now before us, must remove any such doubt ; for, ha. addition to all the qualities possessed by its predecessor , " carries us up to a period which cpens an entirely new vista i° the life and pursuits of the Diarist. We allude to the circa"' stance of Aliss Burney having, at the close of the year 17 35 ' accepted an appointment which placed her in almost hou r)'l contact and clmmunication with Queen Charlotte, and all th e Princesses of the Royal House, and in daily intercourse with thd chief personages of the court and household ; and which ar pointnient it appears she retained for more than six yearslr° taking no relief or relaxation from her duties during all tit° l period, but that ofjournafisiny the events, characters, obse: ton's, and table talk of each day as it passed. Such revelatiiM s deserve to rank among the most rare and curious of the OW osities of literature, and the volume which contains them v" in virtue of them alone, speedily find its way into the far corners of the land. DEA FN ESS.—Sound Magnifiers, and Invisible Operative Voice Conductors, to enable persons at an advan age, and of old standing extreme deafness, to join in Ol eg conversation, and to catch the sound of a distant low sP""i t i at a publie assembly ; they are the size of a very Mall 0 ,°,. / seven shilling piece, and when in the cavity of the ears, tr;,' arc not in the least perceptible nor more uncomfortable th o having a small piece of fine wool in its place ; they are conlP° l o . of a metal to collect sound, peculiar to the Messrs. S. and_j Solomons themselves ; and although they are so extremely 1 :,1 yet they enable those afflicted with extreme deafness, Pe"-ri those who are only slightly dull of hearing to hear in cl od respect equal to those of most acute hearing. Messrs. S. eh , B. Solomons, 39, Albemarle.street, Piccadilly, opposite 4 4 York Hotel, and 76, King William-street, City. Newly.lnve n Spectacles, immediately they are placed before imperfect Yit i° ll either by day or candlelight, that mist and dullness "c i s appears before the eyes is at once removed, every object clear and distinct, so that the most aged defective eye.SiSh t .,,4 comes bright and brilliant, and is brou g ht t o it s y ou thful, no t ", 10 and original state. Those valuable i nvent i ons h ave gain' s a patronage of the Royal Family, and the un qua lified a pprobati°o above 400 of the principal members of the medical profession, by numerous individuals of high distinction, who have been g res ee r, benefited by their use. To be had only at 39, Albernarle• st ` Piccadilly, opposite the York Hotel, and 7fi, King Williaza-+t>eo City.— No connexion with persons of the clue name. -- SILVER TEA SERVIC Co rn the —T. COX SAVORY, Working Silversmith, 4 7, the London, seven doors from Gracechureh-street, submits prices of the following SILVER TEA and COFFEE Oil; VICES. The Cottage Pattern is plain, standing on shell l'efle; the tea and coffee pots with a flower ornament on the lids. King's Pattern is richly embossed with flowers and scs°—‘ The shape of either is new and elegant. KING'S PATTERN . , 2 0 Strong Silver Tea - pot •••, j 0 Ditto Sugar Basin Ditto Cream Evrer " 0 Ditto Coffee- pot' ls 0 Complete ......... 0 Tea and Coffee Ser vices here may be selected everyrtlo%., ideboard or plate-chest. 1:10 sketches of the various ¢f Tr free, to any part of the kingoe'; 7, Cornhill, London, seven tie° COTTAGE PATTERN. s. Strong Silver Tea-pot ...12, 0 Ditto Sugar Basin 6 lb Ditto Milk Ewer. 4 10 Ditto Coffee-pot.. l 5 0 Complete ....E3B 6 A variety of upwards of fifty be seen in the Show-rooms, wh cle of silver requisite for the sii pblets of prices, illustrated by s: gratis, and forwa-ded, pr,stage f —'l'. COX SAVORY, No. 4' from Gracechurch-street. BIRTHS. On the 24th rlt., at Liverpool, Airs. J. W. Seaborne of a Eon. MARRIED. On the 24th ult., at St. George's Church , by the B o e r. Fredrick Bridge, Jr.A Robert Graves, jun.. Stephen's-grefein'oe, Bessy, eldest daughter of John Power, Esq., l orth street, Mount Joy-square, Dublin. A in On the :Nth ult., at Alargate, Wilkinson,.of L Catherin , , langhtex of Mr Mills, Buenos'A ma On sterAttendant ( , )f. the :Mtn alt at Bro p p i t En k W . Esci•ll2l° c Chatham h n Ock;a n r t :l. •Pa ne Y v ivo ,of London : Pria;ted—E7nd—P—Ublished byU DO '' 0 - if NO. 1 StranJ. at The SUN Office, No. 11 Stroll"' the County of Middlesex, Friday, March 4, 1842, . _...- i 1 t,‘FI"I pi _ Poi • Intl bonbon Pail Mei talc tin Lint th, col