The Sun. — London, England, 1842-01-19 00:00:00

, - s o its .4t 14 ft ty" to of 0- rt E VENING SLR N LAW INTELLIGENCE. CHANCERY COURT—(THIS CO URT—(TH IS DAY). NEW QUEEN'S COUNSEL. J r.vis Mr. Walker, Mr. Kenyon Parker, and James It ' ussell, were, this morning, called within the Bar by the Lord Chancellor, having bee n a pp o i n t e d Queen's Counsel. IN THE MATTER OF TINNIE, A SUPPOSED LUNATIC. u This ca se came b e f ore the Court about a week ago, P.° 4 apetition, p ra yi ng th a t a C omm i ss i on o f L unacy I t ti h i ghti ssue against Mr. Tinnie. Upon that occasion Lord Chancellor was of opinion that th e C omm i ss i on 810 111 d issue, but the place where the Commission should executed being in. dispute, one party asserting that the " li cile of the lunatic was at Liverpool, while the other considered it was in London, the case was ordered to .stand over to this day, for the purpose of obtaining fur ther evidence on the subject. Ur. WA.KEEIELD,• with whom was Mr. M'Christie, submitted that the domicile of the lunatic was at Li v f er Pool. • WHIi'MARSH and Mr. ATKINSON contended t liQui the new ev id ence a dd uce d th a t it was London, and erefore that the Commission should be executed in Middlesex. the LORD CHANCELLOR was clearly of opinion that e c ommission should be executed at Liverpool, and I, de red accordingly. 4,,E, - ATTORNEY-GENERAL V. THE EARL OF STAM FORD . rir4lle arguments were then resumed in this p ar t-h ear d, u rraation which, our readers will recollect, relates to e Manehester' Grammar School. The arguments SePumenced before the Christmas recess, and were or i~ed'to stan d over to this day for the convenience of ~ Charle s W et h ere ll. Pr'the arguments had not concluded when we went t o ess. ROLLS' COURT-(THIS DAY.) ,WRIGHT V. MAUNDER. th e 'rh iS case was instituted for the p ur p ose o f com p e lli ng bth ,Pti' L romance of a contract upon the defendant, for the 'i v - 11 4 ' 1 ' 1 (14e of, a certain estate belonging to an insolvent, to zont the defendants were assignees. The property in estion had been put up to sale, with the provision on ~,!Patt of the assignees, that a reserved bidding should be 1 7 e 4 u.,,e tbr the said property of 323/, but at the sale, this trait was not adhered to by the vendor, and a con 1, ter was entered into between the plaintiff and the er, conveying the property to him for .the sum of o f : This suit, therefore, was instituted for the purpose c + T l nPelling that contract, although it was . con t en d e d gal "e, part of th e d e f en d an t, th a t t h e prov i s i ons o f t h e t9lld not b een comp li e d w i t h. - "Is LORDSMIP decided in favour- of-. the plaintiff,. the e° 'ls to come ou t of the estate of the assignees, although a th vmmutton had been passed by the assignees amongst enaselves this could not be binding on the plaintiffi VIC E - CHANCERY.—(THIS . DAY.) Lou (Before Vice-Chancellor KNIGHT BancE.) 1) Mayoa OF LONDON V. COOMBE—EXCHEQUER CAUSE. L. 4 „ 1 1 this cause t h e Lord Mayor and the Corporation of 8 7 14 ° 11 , the co mmona lty, c iti zens , an d certa i n ot h er per ni.'; Bill embers of the Company o r F e ll ows hip o f P orters un . ""-ungsate, were the 131aintiffs, and Mr. Harvey the --‘'unibe a n d C o., brewers, of castle-street, Long-acre, in ,eounty of Middlesex, defendants. Th e counsel engaged were, for the plaintiffs, the Soli deitiJ-General, Mr. Spence, Mr. Richards, and Mr. Ran- Apkb ason Por the defendants, the Attorney-General, M r . and Mr. James. deeThe bill prayed that it might be decl are d, by a t ree 01„ of the Court, that the exclusive right o f por -haegre and carriage of all corn, grain, salt, and articles landedfrom or carried into any vessel 1 L ... 411 in the port of London, or delivered and conveyed th " , n, any such vessel to any pla . ce . within the limits hateir Pull, was vested in the plaintiffs, to be exercised in behalf and for their benefit ; that an account might b e ta k en of all the malt belongi ng t o th e defen dants which had been landed by workmen not members , i °f , the Fellowship Porters, at the Savoy Wharf, in Mid dlesex ; and thit an account ' might be taken . of the sums Il lorley due to the Fellowship of Porters, in respect of rt -ti : eh malt landed and delivered. The bill stated that the ,aty of . . London was a very ancient city, and that its foi,izzleonse were incorporated time out of mind, and were qnd(pally long period possessed_ of exclusive rights Prrilleges, which had been from time to time con-' Hued by Charter and Acts of Parliament ; that the T t terage of' all coals, corn, and other grain, merchan li'se, &c., brought into the port of London, or going out it hy- the river Tharnes, in any barge or vessel what vr or delivered or remaining on the banks of that PoPtiver, Within the limits of the port of London (which rt extended from Staines B r id ge , i n t h e county of iddi e sex , to Yenland, alias Yendele, in Kent), be tellged to the plaintiff s , an d that those rights sare t kecuted by the corn and salt porters, freemen of the city, ‘ , 4 tecrtain rates of wages ; that by . an act of the Common `-aericil of the Corporation, made in the 18th year of the I. cg t l . l ilpe of James the First, the corn and salt porters were 1,,e0r °rat d into one company, to be called by the name. " e Porters of Billingsgate"—that no person having (1Z: &c., to unload within the limits of the port of Lou th w as accustomed to do so without giving notice at e e ° Sae of the Portres of their intention to so unload, 4 ( .„ (t ad upon the receipt of such a notice that load tPetent number of porters attended to un '4ltai s' b e , -- that the Fellowship consists of three thou "d th — , i ' su rls, all freemen of the City of London, Port er , k, from time immemorial, certain rates of the 'le , earria..e, metage, &c., were received by Jorte r .. ; that . the defendants were in the habit of plk ee ;g • t out of vessels from Hertfordshire and other h Cos m - t ,' uY means of hired workmen not belonging to the sev er f t j n Y of Porters, large quantities of 1 to htiaL,Porters had been present when the le . defendants were wer e Id malt, and had offered their services, which fth in h tQin sed• The amount of rates were also set or t e L,,, rUS(,..d , bill, which the defendants, on being applied to, re k r. Pay. '413 %4 "A3IEB, for the defendant,. t s . t v a e te: . l i that their (4 the %Without disputing the res 1 ht and title Ity of London to be considered er an ancient . and th e e- ,," ; 4 e, &c., denied the right of the Corporation to chin• of porterage on merchandize landed, 111 4 ; they denied that the right- of porterage easy e c n from time immemorial exercised by the Coin . - N a l ot. from that they believed that such a right did )*° n4 t hin the City of London; but did not ex t en d b e - Auld •"e W limits of the City nor to private wh ar f s; th a t if , ould greatly restrict the trad e o f h er Majesty's ; they b e li eve d th at t h e porters had exercised a Ilta hl e 'ahned t o some extent o f late, b ut that it is an "1' eta and one of modern date. The defendants also th aja , : eu that many persons having corn and other mer- in vessels coming to bedelivered within the Port lv°t,-"a, n o t on l y have been permitted to unload, without aci s ; notice, as mentioned in the bill, but also that ti re. Per sons had unloaded the same without giving no neY also believed that when such notice was ,f a aumber of persons belonging to:the ellowship ‘lilieAurters were accustomed to attend, but they 1/t irss' that the practice of giving notice was ti l e r d °Y any traders, except throh ignorance al• ia n - ,, °11 ,01 fear of the power of the Corporation of _ Mrt,71.1 lalie answer went on" to state that the rates of urh ,4 "ore not reasonable, and that at private wharves be - t a l t s e s had been refused and successfully resisted ; defendants took the Savoy wharf, which d° Duchy of Lancaster, and w h ic h "as "ot within the limits of the City of Lon- . t lity . 4 tal which wharf was their private property , after the that on two occasions in the year 1833, aye r y had commenced using the private wharf, they t thielptise tc, the meters appointed by the. Corporation e ars, le i ntention to land malt, and requiring them . ) 411 (1 % . an d measure the same. The defendants did so, h a w to the impression that they were bound r e alPloy those meters, and to have such ma t i lttq t e,,d, but they did not require it to be me.a ~tti th ,or their own USN They never gave . notice het Pellowship Porters to attend at their wharf. tvortors having received notice from the meters, came c ar ‘,vharf on the above occasions, and claimed the right •iaand porterage, and on these two occasions they ttrs der he porters. Th defendants alleged that the pt . )r- Si *ere i nco P inpeten't and inefficient men compared witli 1 1 ;jinn workmen, and that the rate of wages charged NiCllorters was a hundred per cent, higher than that _ liti v `° their workmen ; an d th e d e f en d ants h a d aecor d 11 B . i lee the se two occasions employed hired labourers. rt Loci malt manufactured by the defendants was hY them in bulk; but that the malt . purc ase 'e k i• l i ,„ — • `,On those two occasions above-mentioned, was eer a t ro by the meters. They admitted that an t i the since the year 1833 '_,aaaiT„ themselves at the wharf, and interfered withthe qef e o_ of goods thereon; and that in consequence t the rcants had put up a notice directing them o b kita e S I as trespassers. Several other statements were the defendants' answer, setting forth the exorbi _ litanses if the rate of porterage claimed. 4t se 1- "° l3 'R observed that there must be a very clear tktiareade out on one side or the other, to enable him to t h° que s ti on without sending it to a Court of ' the e S A ''°I,ICITO R - GENERAL said, that the question in ct,7,l the present case had been in effect already by the Courts of Law, and cited the case of Zac- Postin V• Wiltshire, Strange's Reports, as soye b- hi s view also the cases of Milbouin Afteter, and Layburne v, Crisp. ), c)ll hoth r a ; _ i l ung discussion between the Counsel engaged it " e f rc, L s 'ues as to why the cause should not be brougnt the Courts of Law on action rather than issue, iigh t as t a greed e ventually that the plaintiffs had not a clear m his i)obtain a decree directing an action. te e it confirmed that view of the case, and de sa m s Ira, an issue as to the custom claimed in the T un e u p , t the bill ; secon dl y, an i ssue to t h e ae s , third ect, leavin g out the term measurage ; !and fourth issues referred to the reasonable kid t ,.' the amount charged for porterage, carriage, &e., Arid r decree further ordered that if the Jury should Nv s , "at the sums set forth in the third and fourth issues K n ot of re asona b le amount, that they should find 'ib ert - tta a re asonable amount, and the Judge to be at / t. ,!. to ad v i se any special matter. the ne at \ fixed that the tri a l s h ou ld ta k e pl ace a t at Winchester Summer Assizes. (Before Vice-Chancellor Wroaam.) Th e } !tsLo P V. THE BANK OF ENGLAND. blll in this case was filed for the purpose of having titi:tioaordureetitttaekdebnyof the estate of the late Dr. Hislop. It the Counsel for the . plaintiff that the died insolvent, the bill was dismissed with costs. )11,. tx NEW APPOINTMENTS OF QUEEN'S COUNSEL. 1/1 1 • erg us, mr Walk Iri,iitieinyotn M Parker, and Mr. "ell, took their seatse in the bar. &T e Chevalier Bunsen, Prussian Minister on a hoveeuse- ial Mission, left hi s residence iu Carlton to pterrace, yesterday morning, for O sten d, his Sovereign on his way to this country. QUEEN'S BENCH.-(THIS DAY.) TILE QUEEN V. THE LONDON AND SOUTHAMPTON RAIL WAY COMPANY. This was an appeal against an order of Sessions, im posing a certain rate upon that portion of the defendants' railway, which passed through the parish of Mitchin- L Bever, in Hampshire, between Winchester and South ampton. Mr. M. D. Him, now appeared on behalf of the de fendants, and submitted that the rate was excessive, the Sessions having made the rate not only, upon the tolls, but they also added something on the principle of taking into consideration the advantages the Company enjoyed from carrying passengers and goods. Now the Sessions had found that the actual earnings of the Company were less than the proportionate earnings of that por tion of the line which passed through the parish in question, but they had shown no grounds for resorting to these proportionate earnings as the measure of the rate,. it being only resorted to when there was no means of ascertaining the definite proportion of' the actual earnings, He contended that the whole of the profits on which the rate could be made was the sum which a tenant would pay, after making the necessary deduc tions for the support _ and maintenance of the line It would be nece ssar y to c o ns id er what the nature and object of the Railway Acts were, before ascertaining what were the hereditaments which were liable to a rate. The Act recognised the establishment of a statutable highway, which was to be permanent, and to.be used by the public at their pleasure on complying with certain conditions. These conditions embraced the payment of certain tolls, which were not to exceed a certain sum per mile. There was also a set of provisions regarding the management and control of the railway, which the Le gislature had placed in the hands of the Company, sup posing very properly that the parties who. had embarked a large capital in the undertaking, would be most likely to conduct it in such a way as would conduce to the com fort and convenience of the public, and their own inte rests. A power, however, had since been given to the Board of Trade to give or withhold their assent, as they thought proper, 'to the regulations made by the Com pany. The Company had also a power conferred upon them by their Act, of carrying on the trade of carriers, which they could not undertake without such a power. It was contended, on the other side, that the effect of the Railway Act was to establish a monopoly, but they had not shown even if there was a monopoly, that that was any ground for increasing the rate. The assertion that the Company was liable to abuse -its powers and establish a monopoly, would not constitute a good ground for laying on an additional rate. The respondent parish contended that not only had they a right to lay a rate on the basis of the tolls alone, but also that the advantage which a lessee of the railway might be expected to derive from his lease'hy supplying power, and carrying upon it, must be taken into account. If a lessee (they said) was capable of deriving all the profits which now accrued to the Company from the con veyance of goods, cattle, and passengers, such lessee pay ing all the expenses incidental to the working of the railway, then the profit of the whole line might be taken for the purposes of the rate at 70,0001. per annum at least, after making all the necessary deductions. The effect of that statement was that, if by, virtue of a person becoming the tenant of the railway, he became entitled by the expending of capital necessary to produce that effect to all the profits derived by the Company as carriers, something more than the tolls levied should then be rated, But a party becoming a lessee did not oust the Company —he did not touch. the Company's right to run their carriages and locomotive engines. • Mr. Justice PATTESON—There is no power to lease anything but the tolls. The Company may carry people intheir own carriages, but it does not authorise the Corn pany or their lessee to do so. - Mr. HILL said the proposition therefore was clearly one which could not be maintained. In the case of the King v. Cook, which was a case in which the Crown granted a patent to the ancestor of Lord Lovell, to estab lish a light-house at Dungeness, the patentee was authorised to levy a toll upon all vessels passing within a certain distance. In that case, it was held by Mr. Justice Bailey, that the privilege of levying the toll was not to be taken into consideration in estimating the value of the freehold for the purposes of a rate. The Learned Counsel referred to various authorities bearing upoii ilie'queStion, for the purpose of showing that the profit's'. of - the il iandertaking were never included in the rate. The profils of carrying goods and passengers, were the profits of their - trade, as in the case of the Duke of Bridgewater's' Canal and were not rateable. The tolls conttitutettlihe 'pia& of the land, as the tonnage was the profit of the land in the case of a canal, and was the only sum upon which the rate was to be estimated. The Learned COUnsel concluded by submitting that'the' rate in the present case was clearly excessive, and The order of sessionsiought to be quashed. Mr. KELLY followed on the same side. (The case was proceeding when we went to Press.) ;WS. CIC. o have ➢ian ade cos. ncaster foghorn, South' 31. 19s. I.—We r local' Lan- Shares; :astern, 6d. to South 6s. 3d• firm,. yester 1/ for nirities Three . 46 46,' 3 0 : o°l 47::L 391 .119 i 52 • 52 ' „ d • -odit., rQ • .—. t 4Ok 56 46 •` 5 pigs 0%. 17 9 17 5 , 0 # 0 ir, 4 vlll, NE. asacte,r tint, for tilt 2, a n d ::: Stock. ntS. 103 S. 51*; F e w are rid Div 1 : Lasteril ,r! 3411; E decay left the, vessels. city of 0 tons•'it of fish: i l s fro.ntis irg lay 054' lebone: 237 11 . 81 ie hag' irtheru - Lua ;t4,4 which I value* "?, A Y*) :0 SW' C a stle, hn to.poo l with It back )111, a nd night Fors" Boor d. from lberoot Dr 3 13 " E .ded to .;, P0rt 11 7. : 4 yestee'.: La d / ,i c i [do PC4 ; lett UM' 3 w Or ostoo ; klbint4 far 01, Pr -r L°ll me ilitl , 1 inst" ca• , loWe t a ari s f apa ' InP l a n driar sbon► ssina• vhich this avi/l l WI- WO• COMMON PLEAS. -(THIS DAY.) HOME V. BOOTH AND OTHERS. The defendants are the w e ll k nown di st i llers Si r Felix Booth, and Co., and this action is brought upon an agreement for' the payment of an annuity. It appeared that the plaintiff communicated to the defendants a secret receipt for the making of British Brandy, for which they agreed to give him in the first place, an an nuity of 1501., with a per tentage on the profits arising from the use of his secret—with this condition, that his annuity should cease as soon as, or be suspended as long as, the per centage amounted to 400/. per annum. Subsequently an annuity of 300/. was agreed upon in lieu of the first. The contingency upon which the former annuity was conditioned to deter mine having occurred—that is, the per centage having risen to 400/, the defendants refused to continne the annuity granted in the second instance, thereupon this action was brought. In the declaration the plaintiff set forth a letter from the deitndants consenting to give the increased annuity without mention of the con dition, and he alleged that it was otherwise understood that the new annuity was not to be affected by the per centage. Mr. Sergeant CHANNELL was heard this morning in support of the demurrer to this declaration, and argued at great length, raising many technical points on the authority of cases on the books, but chiefly contending that the terms of the letter were legally sufficient to limit the second annuity, by the conditions of the for mer one, for which it was substituted. Mr. Sergeant TALPOURD supported the declaration, And the COURT took time to consider. EXCHEQUER.--(THIS DAY.) The Court took the special paper this morning. HORNE V. RA3ISDALE. The plaintiff in this action sued in his capacity of Clerk to the Commissioners of Staines Bridge, and sought to recover damages from the defendant for not executing a bond according to agreement. The Commissioners had, under the provisions of their Act of Parliament, let the tolls of the bridge to Mr. Taylor, for 1841, at 2,0001. He gave in the names of - Simpson and the defendant, as his sureties, and the three signed an agreement to execute a bond of surety when the Com missioners bad prepared a valid lease to Taylor. The defendant had pleaded that at the time he was called upon to perform the agreement, his co-surety was not present, and that when the bond was tendered to him for execution, the co-surety was dead. The plaintiffs had demurred to this plea. Mr. CLEASLEY now supported the demurrer. If the plea were to be held good, an agreement to sign a bond would be wholly void and of no effect, because each of the sureties had only to refuse to meet the other, and the agreement would be valueless. It was impossible for the plaintiff to oblige the sureties to meet; it was enough for him to have prepared a valid lease to Tailor, and tendered the bond for execution to the sureties. All that had been done, and he submitted the plea was bad. Mr. ERLE submitted that the plea was good. He pleaded first that his co-surety was not present when he was called upon to perform the agreement, and that when it was tendered to him the co-surety was dead. He contended that the Commissioners ought, like the trustees of a turnpike-road, to have withheld the lease from Taylor until he produced his two sureties. In place of doing so they chose to give the lease to Taylor with the bond, signed wily by Simpson. They were satisfied with that security, until the lessee of the tolls be came insolvent, and Simpson died ; it was not until the circumstances were so altered that they tendered the bond for executon by the defendant, thereby wishing to throw all the responsibility on his shoulders. He sub mitted that the Commissioners had committed a mistake in giving the lease to Taylor upon an improper security, and they had no right to throw the onus of it upon the defendant. The COURT were of opinion that they must construe the contract as it was meant at the time it was entered into, and that was, that each of the sureties agreed to sign the bond separately, and the events made no alte ration in its meaning. This case shoWed the truth of the adage that " Delays are dangerous." Judgment , for the plaintiff. HORNE, CLERK TO TRUSTEES, V. RAMSDALE. This was a similar action brought by the trustees of the road leading to this bridge. The objection was the same.—Judgment for the plaintiff. BAIL COURT.-(THIS DAY.) After having heard a few Motions of a purely formal character, his Lordship sat at Nisi Prius, with a Middle sex Common Jury, and disposed of several undefended causes. In the case of Harding v. Johnson, a verdict was re turned for the plaintiff, in consequence of the absence of the defendant's attorney. At the request of Mr. Hug gins, who appeared as Counsel for the defendant, a short delay was granted, while the Usher went to the differ ent Courts to seek the attorney. On his return, how ever, no attorney made his appearance, and the verdict was consequently entered for the plaintiff. In another case, in consequence of the absence of the attorney for the plaintiff, while the defendant was ready, the Counsel for the plaintiff was obliged to withdraw the record. ----- MARLBOROUGH-STREET: (THIS DAY.) A sturdy looking young man, who gave the name of Charles Smith, but who was identified by the police as having been before in custody in the name of Godfrey, was placed at the bar on suspicion of burglary. Frederick Errington, footman in the service of Mr. Richard Bentley, of No. 8, New Burlington-street, Re gent-street, the p u bli s h er , state d that b etween seven and eight o'clock last evening, as he was entering the hall from the lower part of the house, he saw the pri soner ascending the drawing-room staircase in a very stealthy manner, and stepping as softly as he could. On reaching the first landing -place he took up a lamp that stood burning in a niche, and proceeded to the drawing room, and opening with great caution one of the folding doors entered and raising the lamp was examining around him, when witness pounced in and seized him by the collar. He at first made a show of resistance, but finding THE SUN, LONDON, WEDNESDAY, JANUARY l9, 1842. it of no avail, became passive, and was given in charge to the police. On searching the prisoner at the station•house, a small amount in money, a pawnbroker's duplicate, and a skeleton key, were found in his pocket. The prisoner could gixe no satisfactory account of himself, and was remanded until Friday next. LITERATURE. FOREIGN Q UARTERLY REVIEW. No. 56 . Chapman and Hull, London, 1842. By an Address prefixed to this Number, we learn that the Foreign Quarterly Review has lately passed into new hands, and that henceforth 'it will be conducted with increased spirit. "No cost," says the editor, " will be spared to secure contributions from- gentlemen who occupy the highest literary positions at home and abroad; and to procure from them such articles as may, at the same time, both suit the taste of "the British public, and contribute to international instruction." If the Review be carried on in this liberal spirit—though we must confess we have a sort of inherent distrust of literary pro spectuses—it can scarcely fail of meeting with public encouragement, hut indeed it will not ba doing amiss, if it do no more than maintain the high and impartial character it has already ac quired. The present Number is a good, though by no means a first-rate, one. The first article, on " Egyptian Hieroglyphics," discusses one or two abstruse perplexing points with an air of learned pretension, which, however, is not alto gether unwarranted, for the Reviewer evidently understands as much of his subject as is ever likely to be understood. If his essay be heavy, the fault is not in him, but in his theme, for, in the'first place, it is intolerably hacknied ; and secondly, nothing definite or conclusive can ever be arrived at, for almost all is guess-work as re gards Egyptian speculations. The notice of " Barante s History of the Dukes of Burgundy" is an agreeable subject, lightly and dexterously canvassed. This celebrated Duchy cuts a con spicuous figure in the history of the middle ages, and its Dukes were fbr many a long year thorns in the sides of the Kings of France. Indeed, during a portion of the reign of Louis the Eleventh, Charles the Bold was his rival in power, and almost in extent of dominion, and scarcely concealed his intention of throwing off the shackles of Prance, and erecting Burgundy into an independent. Monarchy. The Reviewer should have entered more fully into this part of his subject than lie has done, for it is Lull of in terest. " Roepell's History of Poland" is to the full as entertaining as the topic will admit of; for the annals of this ill-starred country are nearly as barren of instructive or amusing matter as those of Russia, and only begin to possess value about the close of the seventeenth century. Poles and Muscovites were alike barbarons when the rest of Europe was emerging from darkness; and who can take interest in the monotonous re cords of barbarism ? "Sweden As It Is" gives a detailed account of the present state of commerce and manufactures in that rising kingdom, and condemns its celebrated King, Bernadotte, for his incessant boastings that he is the saviour of Sweden, which the Reviewer observes, " has excited great bitterness* among almost every class." The notice of " Kohl's Sketches of St. Petersburgh," furnishes us with more curious de tails respecting this imposing metropolis than we have yet met with, notwithstanding the nume rous " Travels," " Visits," &c., to Russia, with which the press is constantly teeming. The houses, it seems, are rarely more than on e o r t wo stories high, but they make up for want of height by the immense space of ground which they cover. " To form their foundation," adds the Reviewer, "requires a little fortune, owing to the swampy character of the soil, into which so many piles must be driven before a solid scaffolding can be formed, that an entire house might elsewhere be constructed for much less money." Nothing, we are assured, can equal the horrors of a Rus sian street when the frost breaks up. Many weeks elapse before " the six months' accumula tion of snow is able to wind its muddy course through the gutters into the Neva, and while in this intermediate condition, the streets are filled with a sea mud, such as the liveliest imagination of a Cockney would vainly attempt to picture to himself." Yet, bad as the thaw is, the frost is scarcely less annoying, for clouds of snow-dust are then thrown up by the horses, forming a light powder more disagreeable even than the dust of summer; noses, too, are in the habit of freezing without the knowledge of their proprietors, so that to pull a man's nose in the street is not to insult him, as with us, but to do him the greatest possible kindness ! We conclude with a descrip-* non of the river Neva, which, says the Reviewer, " a century ago was known to few but the herds men of the Finnish marshes; while now, its tittne fills the world, and its chrystal waters serve to mirror lines of palaces among the most sump tuous that this earth has ever seen :" The Neva is a river of about forty English miles in length, and is the channel thrOugh which the Ladoga Lake pours its waters into the Baltic. Just before reach ing the Gulf of Finland, it divides into a multitude of arms, of which the principal are, th e G rea t an d Li tt l e Nova, and the which. and Little Nevka. Of these, the Great Nera is the most important, being in some places more than twice as broad as the Thames at Waterloo bridge. It is impossible for a river to be of more, import ance to a city than the Neva is to St. Petersburgh, and boundless is the affection expressed towards it by the in habitants, and probably felt by most of them. The St. Petersburgher maintains that no other water on the fitce of the globe is so sweet to drink ; that with ntme other can coffee or tea be made in such perfection ; and the first thing presented to a friend on his return from a jour ney is generally a glass of Neva water. The Emperor Alexander is even said to have always had a oluantity of Neva water bottled up for his use in travelling. The Neva, moreover, abounds in a variety of delicious fish, serves to cleanse the capital of its impurities, and places it in easy connection, not only with foreign countries, by even with some of the most remote provinces of the em pire. For nearly six months of every year, the beloved Neva is bound in icy fetters ; for early in November the navigation closes, and it is rarely before the beginning or the middle of April that the water has acquired suffi cient warmth to enable it to burst its bonds. This mo ment is anxiously looked for ; and as soon as the dirty masses of ice have glided down the river far enough to make it possible for a boat to pass from one side to the other, the wished-for event is announced by a discharge of artillery from the fortress. Be it night or day, the Commandant of the fortress, accompanied by the officers of his staff, and arrayed in all the insignia of his rank, embarks in his gondola, and crosses over to the winter palace.. The Commandant is immediately admitted into his Sovereign's presence, to whom he announces th a t th e winter has reached its ose, in token of which he points to his gondola, and presents his Majesty with a crystal goblet filled with the sparkling water of the Neva. The Emperor drains off the uninebriating bumper to the health of his capital, and returns the goblet to the Commandant filled with gold. Such at least was formerly the practice; but it was found that the goblet had a marvellous ten dency to increase its dimensions, till at last the Empe ror's potatory powers were scarcely equal to the task ini• while his privy purse was at the s a m e posed upon him, time made sensible of the expansive quality of the Com mandant's goblet. A compromise was at last deemed expedient. The Emperor fixed the officer's douceur at 200 ducats, and since then his Majesty has found it less difficult to comply with the periodical usage of his water drinking predecessors. PENNY MAGAZINE. C. Knight, London, 1842. This is the first volume of a new series of a pe riodical which most deservedly has niet- with a large and constantly increasing circulation. It is embellished with numerous choice wood en , ,gravings, sonic of which arc taken from the best paintings in the Dulwich, Gallery i - while others, under the title of "Chaucer's Portrait Gallery," turnish us with clever sketches of the principal characters in the talcs of this incomparable au thor. The literary portion of the work is in no respect inferior to. the pictorial, containing, toge ther with several piquant original articles, ex tracts of fitting length from books of voyages and travels, natural history, and science. The Maga zine, it appears, is brought out under the pa tronage of the Society for the Diffusionof Useful Knowledge. CHAMBERS' LONDON JOURNAL, Vol. I. Chambers, London, 1842. The chief fault we find with this Miscellany is its name, which would lead one t o suppose that it was under the direction of the Messrs. Cham bers, whose "Edinburgh Journal" has proved but Is, in fact, a such a successful speculation; lv.hereas it has nothing to do with them, a .miscellany, it per fectly distinct publication... As is by no means devoid of interestOor.the articles are well-selected, but in the .majority of instances, those which profess to be original, are the worst of the collection. RAILROADS......“ A meeting of ' Peers and De puties," says the Debats 4 , have bee n to the President of the Council and to the ilinister of Public Works. They were deputed by several of their colleagues to lay before these Ministers the powerful arguments which exist in favour of the line of railroad from Paris to Marseilles by Dijon, with a br anc h t o 31ulhausi.en. The Deputies of the departments interested in the formation of a railroad from Orleans to Marseilles, met on Priday in one of the Conference Rooms, under the Presidency of M. Du in. They named a Provisional Committee, composed of Messrs. Benoit (P res id en t), Charlemagne? Roger, Abba tucci, and Lanyer." i t A very serious accident happ s ,- Green Quarry, on Wednesday last- .lea at Lough (brothers), named Thomas and IV,: two young men of Mr. Matthew Wigham, of •anew Wigham sons 1 : ause, were blasting ' _lime tostone, one of their shots -- • bore out the eb . a.tose d fire, and they proceeded ploded, and r -age ; and in doing so, the shot ex out he- _.,,verely hurt them both. Thomas lies with a recovery, both his eyes blown out, and his -.pep mit and burnt in a dreadful manne r . Th e other is severely, but not dangerously hurt. Th e y were the only _ . support of a 'poor and very infirm o ld man.-7'yne ercury. CLAIMS OF PREROGATIVE, AND WRONGS OF THE SUBJECT. The Westminster Review commences an able article on these topics in the following words : %Ye should have to apologise to our readers if it were our intention merely to discuss the almost threadbare subject of the Danish claims, but these having been fa vourably decided by the Legislature, the case of those c]aimants is now changed into a perfectly new case, in volving a constitutional question which concerns the community at large, and as such we now purpose to ex amine it. The writer then describes the habitual shifts and expedients adopted by each succeeding Chancellor of the Exchequer in former times to stave off, for the hour or the day, the most press ing of the creditors that beset him, and quotes the conduct of Mr. S. Rice and Mr. Baring, with regard to the Danish claims, as proofs that these functionaries were as unjust, unmerciful, and sel fish as any Chancellor of the Exchequer in the most dark, cruel, and tyrannous tune of our country's history; in proof of which is subjoined a summary of the proceedings that have taken place in the House of Commons since May, 1838, with the conclusions drawn from facts which neither Lord Moriteagle, Mr. Baring, nor the present Chancellor of the Exchequer can deny When the wife and children of Sir Walter Raleigh implored King James on their knees to spare the rem nant of their fortunes, that they might have out of their inheritance at least wherewithal to keep them from starv ing, King James's only reply was, " I maun ha' the land—l maun ha' it for Carr" (one of his base minions). It is a melancholy proof how slowly Governments learn to be just—in other words, how slow is the progress of mankind in the science of government, that about two hundred years after the application of Raleigh's children, when certain British subjects, who had been plundered of their property solely through the instrumentality of their own Government, applied for redress and compen sation out of double the amount of property which their Government had got in lieu of that which they (the ap plicants) had lost, they were told, as Lady Raleigh had been told, that their claim might be reasonable enough, but that it was not convenient to satisfy it, inasmuch as the funds for doing so had been appropriated to other purposes. The reply to these claimants, however, was not quite so frank and straightforward as that of King James. It was not, "We maun ha' the siller—we maun ha' it for Buckingham Palace." On the contrary, the Minister of the Crown declared that— " Out of the proceeds arising from the Danish prizes, 348,0001. had already been applied to the public service. This was done in consequence of a determination to ap ply the whole of the proceeds thence arising to the ser vice of the public, after satisfying the claimants and cap tors. The motives by which they were then actuated arose out of the circumstances of there being various merchants, who looked for a remuneration of the losses they had sustained, from the manner in which the war broke out, from those proceeds." Whether the whole of these proceeds were so applied, there is no further evidence. • In 1807 the British Government became possessed of a very large sum of money, 1,379,000/., derived from the seizure of Danish private property before any declaration of war, or any circumstances that might be construed into the forerunners thereof. By way of reprisal, the Danish Government seized British property amounting in all to something less than half the amount of Danish property seized by Great Britain. After twenty-seven years of uninterrupted but fruitless application to their own Government from the British subjects whose pro perty had been thus sacrificed in the way of reprisals for the Danish property sacrificed by the unprovoked and unexpected attack of the British Government, Parliament in 1834 agreed to the general principle of compensating claims for losses by the Danes in 1807, and Commis sioners were appointed to examine and report on them. These Commisswners, in their report to the Treasury, divided the claims into three classes :-1. Those for book debts. 2. Those for goods seized on shore. 3. Those for ships and cargoes seized. And the Treasury, in their Minute of November, 1834 (and we particularly request attention to' the fact), distinctly referred it to the decision of Parliament, " whether any or all of the classes were to be admitted to compensation." In 1835 and 1836 the Chancellor of the 'Exchequer paid the classes 1 and 2, but refused to pay class 3, stat ing in his place in the Hoitise that he resisted the demand of those claimants, not upon his own authority but that of the Crown lawyers, who,.when applied to as to how far these injuries were justified by thelaws - of war and of nations, replied, " That all ships and cargoes, whether in port or on the high seas, might be seized and confiscated, even though the two nations were not actually at war at the moment." This opinion not applying to the case, these claimants brought their claim before the Irouse of Commons, and on the 24th of May, 1838, carried it by a majority of 34, on the grounds (amongst others, such as funds derived by the British Government from their aggression, the una molous and unprecedented nature of the aggression itself, and the withdrawal of protection) that their case was a case of reprisals, and not of war ; and that, according to Vattel, at present the highest authority on questions of international law, " In cases of reprisals the Sove reign is to compensate those of his subjects on whom the reprisals fall; it is a debt of the State or nation, of which etch citizen ought only to pay his quota." Instead of complying with the sense of the House of Commons, thus unequivocally expressed, Mr. Spring Rice, then Chancellor of the Exchequer, directed the Commis sioners to make an illusory Report. The words of Mr. Cresswell's motion, which had been carried, as we hare said, by a majority of 34, were— " That an humble address be presented to her Ma jesty, praying that her Majesty will be graciously pleased to give directions to the Commissioners to whom it was referred to examine the claims of certain British subjects for losses sustained on account of book-debts and other property confiscated by the Government of Denmark in the year 1807, that they shall examine the claims for losses sustained on account of seizures of ships and cargoes by the said Government in the said year, and that the said Commissioners shall report on such claims to the Lords Commissioners of her Majesty's Treasury." Now, whatever construction might be put upon the precise words of this motion, Mr. Cresswell's speech on making it, and the debate on the occasion, rendered it perfectly clear that the object of the mover, and the object of the largo majority who voted with him, was a judicial examination of the claims individually, and the payment of such as should be found just. Instead of this, these Commissioners merely gave a list of the claims sent in, saying that they " had not felt themselves warranted by their instructions in proceeding to a judi cial determination of any of the cases which had been laid before them." The claimants finding that, notwithstanding this solemn decision of the House of Commons, justice was still refused to them, Mr. Cresswell, on the 18th ofJune, 1839, moved the following address " That an humble address be presented to her Majesty, praying that she will be graciously pleased to direct the Commissioners to whom it was referred to examine the claims of certain British subjects, in respect to losses sustained by the seizure of ships and cargoes by the Danish Government in 1807, to proceed to adjudicate upon the claims which they have received, and upon which they have made a Report to the Lords of her Ma jesty's Treasury." This motion, after a debate ,in which many members joined, was carried by a majority of sixty-three. And on the 12th of May, 1840, the Commissioners, in con formity with the terms of the above address, sent in a judicial Report to the Treasury, in which they make the following statement":— " The schedule which accompanied our Report of the 6th of February, 1839, contained ninety claims, which amounted to 524,7471. 18s. 11d. " Many of these claims have since been disallowed in part; many have been subdivided into separate cases ; and the result of the whole investigation is, that we re port 116 claims to be supported by proof, amounting to 225,126. 9s. 10d. " The remaining cases have been rejected for deficiency of proof. _ _ _ "In the judicial investigation of these claims, our ob ject has been to ascortain the actual loss sustained, with out taking into consideration any mercantile profit which might have have realized if the seizures and confiscations made by the Danish Government had nevertaken place." The Chancellor of the Exchequer having signified his intention 5611 to resist the payment of the money, the House of Commons, on the 16th of February, 1841, again decided— " That it would resolve itself into a Committee of the whole House, to consider of an address to her Majesty, praying that her Majesty would be graciously pleased to advance to the claimants the amount ascertained by the Commissioners to be due, and to asspre her Majesty that the House would make good the same." On the 9th of June; 1841, Mr. Cresswell moved, that the House do resolve itself into a Committee of the whole House, to address her Majesty on the subject of the Danish claims. The Chancellor of the Exchequer con sented to the appointment of a Committee, reserving his opposition to the bringing up of the Report. Accordingly. on the 16th, the Report having been brought up, and the resolution read a first time,—on the question that it be read a second time, the Chancellor of the Exchequer, Mr. F. Baring, opposed it, and wa s supported by the Solicitor- General. But notwithstanding this powerful opposition, the case appeared so just that the following resolution was carried : " That an humble address be presented to her Majesty praying that her Majesty will be graciously pleased to take into consideration the Report, bearing date 12th May, 1840, made by the Commissioners to whom it was referred to examine and adjudicate upon the claims of certain British subjects for losses sustained by the seizure and confiscation of their ships and cargoes by the Go vernment of Denmark in the year 1807; and that her Majesty will be pleased to advance to such claimants the amount of their respective losses, as ascertained by the said Commissioners; and assuring her Majesty that the House will make good the same." To this address the following answer was returned to the House on the 21st of June:— " VICTORIA R. " It must at all times be my earnest desire to attend to the wishes of the House of Commons, and I shall be ready to give effect to them in this instance, whenever the means shall have Been provided by Parliament." Now, a natural question is, why did not her Majesty in this instance, as in others, at once comply with the request of the House, and pay the money ? The answer of the Chancellor of the Exchequer to this question is— " Because there is no legal power in the Crown to do s o. If a Treasury warrant, signed by her Majesty, and counter-signed by himself, were issued, and he were to take it to the Exchequer, the answer would be, that there was no legal means by which it could be paid; that her Majesty had no power to issue such a warrant; that they could not pay suy sum of money, unless they were directed to do so by a Bill passed by, that House, and concurred in by the rest of the Legislature." Now, according to Mr. F. Baru*, Chancellor of the Exchequer, the House of Conimotis has been requesting the Crown to commit, and the Crown has been com• mitting, acts' which are against the law for a great ninny years. . The following grants, which are extracted from ' the Annual Appropriation Acts, were made by Parlia ment, " To make good to his Majesty the like sums issued in pursuance of the addresses of the House of Commons." (Here are enumerated more than forty grants of this description, made between 1774 and 1815, amounting to 994,9741. Some of these, too, sup ported by the very men who now resist repeated ( votes and addresses of the House of Commons.) Now, are all these preced en t s aga i nst -l aw ? O r i s a Chancellor of the Exchequer empowered to call what ever suits his convenience law? The address and the answer, on this occasion, we re exac tl y th e same as i n t h e case of Mr. Palmer, 1811. The answer in that ease ap pears to have served as a precedent for framing the answer in the present case. How did the House view the answer on that question ? Mr. Whitbread said : " The answer conveyed the greatest possible insult on the House, going as it did to express a doubt of the in clination or of the ability to make good any sums which his Royal Highness (the Prince Regent) .might order to be issued, in consequence of an address of that House." Mr. Charles Wynn added : "In the present instance the privileges of the House were attacked. Though against the principle of address ' on such occasions, yet when done, it mug be carried int o effect, and wa s en titl e d to a ll the weight and authority , the House could give to its proceedings. It was a noto rious fact, that the address of the House of Commons, or their vote, was always considered as decisive on money questions. Did the Exchequer ever wait for anything else ? Did they ever wait for an act of appropriation?" Mr. William Lamb (now Lord Melbourne) ob served : " The Right Honourable Gentleman (the Chancellor of the Exchequer) would haVe acted more wiselj, if he had lent a furthering hand to the decision of the House of Commons when they had agreed that the money ought to be granted, instead of giving, as he had done, every possible opposition to its effect. If such a principle were to be acted upon it would come to this, that the votes of the House would be considered as omnipotent when they were given in support of the Minister, and of no effect whatever when given against him." The Chancellor of the Exchequer replied:— " Had not the Crown full authority to pause before it complied with that or any address? That was all that had been done in this instance. The right of refusal was not under consideration. It had not been done. What was the answer complained of ? Why, the answer ex pressed the readiness of the Prince Regent to comply with the wish of the House, but desired some little time for consideration."—Hansard's Debates, 30th May, 1811. These remarks of Mr. Charles Wynn and lord Mel bourne place the question in its true light, and they are applicable in every particular to the case which we are now considering. If a Minister may treat in this man ner with impunity the votes of the House of Commons, it is clear that the House of Commons is a mere name, and that the Minister of the Crown may adopt the words of Louis the Fourteenth, with the substitution of " Par liament" for "Petat," and say, " The Parliament! c'est moi l" For, as Mr. Charles Wynn observed, it is noto rious that the address of the House of Commons, or their vote, was always considered as decisive in money ques tions. In other words, by the fundamental principles of the Constitution, the House of Commons, though only a limb of the Parliament or Sovereign in other questions, is in money questions the Sovereign itself—in other words, represents the whole Parliament. .Its vote, therefore, deliberately given and recor d e d, has in such questions the force of law. But observe what any opposition: On the part of the Chancellor of the Exchequer (of whatever party) to carrying into effect the measure contemplated in the Queen's answer, as quoted above, would amount to. That answer is in effect the answer of the Queen's Ministers, specifically the answer of the Chancellor of the Exchequer. Now what name would belong to the condfict.of an individual who should solemnly assent to the performance of a certain act, and then use every effort in his power to hinder that act from being accom plished? Yet this would be precisely the conduct of any Chancellor of her Majesty's Exchequer, who, after this address and this answer, should offer any opposition to the Houge of Commons making good its deliberately given and solemnly recorded resolution. It is a maxim of the English law that there is no wrong without a remedy. It was made. one of the articles of Lord Somer's impeachment, that in his argument in the Bankers' Case he appeared to throw a doubt upon this principle—that he seemed to argue for the position that there !might be, that there were, cases in which the sub ject might have a right without a ,remedy, unless by pe tition to the person of the Kin , ; a- doctrine, certainly, which appears quite incompatible with the existence of a free and constitutional Government—a doctrine which was overthrown by the final and solemn decision of the House of Lords, which reversed Lord Somer's judgment in the Bankers' Case, and affirmed that of the Barons of the Exchequer and the majority of the Judges. In the case before us the plaintiffs had suffered a grievous wrong, and they adopted and strictly followed the course marked out by the constitution and laws of their country in seeking a remedy. They submitted their case to the decision of that Court, namely, the High Court of Par lianient (for it is alMost unnecessary to repeat the ob-' servation of Mr. C. Wynn, a very high authority on that point, that on money questions the House of Commons represents the High Court of Parliament), to which their adversary expressly referred them. That Court solemnly and deliberately gave judgment in their favour. It was not a judgment obtained, •as some are in their tribunal, by fraud, by trick, by haste, by negligence, by oversight on the part of those opposed to it. The question was repeatedly and delibe rately argued, and in everything that was done respect ing it the strictest regard was had to all the forms of the House; and the opposite side in the cause, viz., the Chan cellor of the Exchequer, strained every nerve to obtain a judgment in his own favour. Nevertheless, as we have said, judgment was recorded in favour of the plaintiffs. The Queen's gracious answer to the address of the House was, that her Majesty would pay the money as soon as Parliament should provide the means. Now, it was clearly the duty of those who prepared the estimates next after the receipt of this answer by the House, to in clude in them the sum of money which the Queen had here given a clear and distinct "promise to pay." COURT CIRCULAR. - WINDSOR, TUESDAY.—His Royal Highness Prince Albert, attended by his suite, arrived at the Castle from town between eleven and twelve o'clock last night. His Royal Highness the Duke of Sussex paid a visit to her Majesty and Prince Albert this morning. The Royal Duke arrived from Ken. sington Palace shortly before one o'clock, and remained at the Castle two hours. Her Royal Highness the Duchess of Kent ar rived at the Castle this morning, attended by Lady Fanny Howard. The Dowager Lady Lyttelton his succeeded the Countess of Sandwich as the Lady in Wait ing on the Quieen. The Marquis of Ormonde and the Hon. Nelson Hood have succeeded Lord Byron and Sir Frederick Stovin as the Lord and Groom in Waiting on her Majesty. Her Majesty and Prince Albert inspected, this morning, a finished line engraving of " The Italian Pilgrims coming in sight of the Holy City,' from Eastlake's picture, submitted by Mr. Moon. Her Majesty and the Prince were graciously pleased to express their unqualified approbation. Her Royal Highness the Duchess of Kent; attended by Lady Fanny Howard, left her resi dence, Clarence House, St. James's, at eleven o'clock yesterday morning, on a visit to her Ma jesty at Windsor Castle. A Deputation of machine-makers, including Mr. Jenkinson and Mr. Curtis, of Manchester, Mr. Fairbairn, of Leeds, and Mr. Hackin, of Bury, had an interview with Sir Robert Peel, yesterday, at his official residence in .Downing street. The Spanish Minister transacted business yes terday at the Foreign-office. THE ROYAL CHRISTENING. WINDSOR, TUESDAY.—The excellent bands of the two regiments (the Royal Horse Guards and the 72d High landers) in garrison at Windsor, have been commanded to - be in attendance at St. George's Hall during the grand banquet on the evening of the christening. They will occupy the Music-gallery, at the western extremity of the hall, facing the Sovereign's throne, which is now being very considerably enlarged for the occasion. The two combined bands, which have had several re hearsals together of the various pieces selected by Prince • Albert during the past week, will consist of the largest number of instrumental performers ever congregated to gether in one apartment at the Castle. There will be upwards of sixty performers, as follows :- 72d High- Royal landers. Horse Guards. Clarionets Flutes Hautboys 0 Bassoons Horns Serpents Ophicleides Trombones Trumpets 2 Cornet a Piston with bass, side, and kettle drums, triangles, cymbals, &c. The musical department, in St. George's Hall, has been entirely confided to Mr. J. R. Tutton, of the Royal Horse Guards, and Mr. Rix, of the 72d Highlanders (the masters of the respective bands), who will alter nately conduct and lead during the evening. WOOLWICH, JAN. 18.—The Firebrand steam-vessel, Commander-John Neale Nott; was expected to leave her moorings at half-past one o'clock to-day to proceed to Ostend, to be in waiting to receive the King of Prussia, but has not yet sailed at half-past two o'clock, in con sequence of some defect being discovered in her engines when she got her steam up and was ready to start. A numerous party went on board the Firebrand so late as eleven o'clock last night, several of whom were the guests of the Lord Mayor yesterday, after being pre sent at the laying of the foundation stone of the Royal Exchange. The Shearwater and Lightning steam-vessels, Captains Washington and - Bowen, commanders, have their steam up, and ready to sail from their moorings, to form part of the squadron destined to accompany the King of Prussia to this country. CROWN DEBTORS.—The unfortunate persons who are in confinement as debtors to the Crown, look with the most intense anxiety to the 25th instant, the day of the royal baptism. They hope, upon such an occasion, to be allowed to pay the grateful allegiance of their hearts outside the doors of their prisons. It is said that the order fur their liberation may be expected on the 24th instant. FASHIONABLE INEELLIGENCE. ARRIVALS. The Hon. Mr. and Mrs. Edward Petre, at the Claren don Hotel, from Beaufort Castle, North Britain ; Lord Liverpool, at Fife House, Whitehall, froth Buxted Park, Sussex - Sir E. Buller and Bailey, Esq., from Hamp shire ; Lord Dorchester, from the Continent ; Mr. Alfred. Montgomery, at Kingston House, Knightsbridge ; Cap tain Berestord, M.P., f rom Dublin ; Sir Charles and Lady Grey and family, in Portland-place ; Lady Charlc vine, in St. George's-place, from Bretby Park ; Lord Henry Lennox, ' from Himley Hall • Lord and Lady Hawarden and the Hon. Cornwallis Maude, in St. George's-place ; the Hon. Twistleton Fiennes, in the Albany, from Broughton Castle, Oxfordshire ; M. K. Tynte, Esq., at 'Waterloo Hotel, Jermyn-street, from a tour ; Hodgson, Esq., at ditto, from ditto. DEPARTURES. Miss Franks, from the Waterloo Hotel, Jermyn-street, for Hatfield ; Allen, Esq., from ditto, on a tour. THE ROYAL EXCHANGE M EDAL. The medal struck off upon the occasion of the laying of the first stone of the New Royal Exchange, has upon the obverse the head of Queen Victoria, and upon the re verse the following inscription :—" In commemoration of laying the first stone , of the New Royal Exchange, by his Royal Highness Prince Albert, Consort of her Ma jesty Queen Victoria, 17th January, 1842, in the fifth year of her reign." The mortal remains of Dr. Shuttleworth, the late Bishop of this Diocese, were interred at noon on Saturday at the east end of the cathedral. Dr. Chandler (the Dean) performed the burial service; and a large body of the clergy of the city and the neighbourhood were in attendance. Dr. Hook of Leeds, Archdeacon Wilberforce, and Archdeacon Manning are spoken of as likely to succeed to the vacant see; and it is added that the Rev. Mr. Wilberforce has the Court favour.— Brighton Guardian. EXTRAORDINARY OCCURRENCE.-A few days ago, as Mr. Butler, farmer, who resides near Whit well, was returning home from York, in a spring-cart. he was accosted by an apparently well-dressed lady, who wore a muff; veil, &c., and who desired him to let her have a ride, as she was benighted. Mr;.Butler agreed to do so, and after they had proceeded some distance, and had arrived at rather a secluded spot, the lady desired him to get out, as she had lostlier glove: The farmer, however, declined, he being suspicious that all was not right. 'I he fair one then alighted from the vehicle, and Mr. Butler immediately put his horse into a gallop. He had no sooner done so than several shots were fired after him, hut without taking e ff ec t. O n .arr i v i ng at home he found the muff in his cart, and discovered within it a brace of loaded pistols and a clasp knife.— York Courant. RAILWAY FROM LANCASTER TO GLASGOW. —The survey of the contemplated line of railway be tween Lancaster and Carlisle is proceeding rapidly. On Monday last the survey of the portion of the line between Carlisle and Glasgow was commenced under the super intendence of Mr. Lock e . A meeting w a s t o b e held in Edinburgh on Friday, in favour of the cast coast line ; but the gentlemen who are to take a part in it might as well spare themselves the trouble, seeing that the adop tion of the line so strongly recommended by the Coninus sioners is now almost certain.—Carlisle Journal. LAMENTABLE OCCURRENCE.—OR Wednes day evening, a deplorable accident occurred near the Stone Clough station, Kearsley. The train, which left the station, Trinity-street, in this town, at five o'clock, for Manchester, was within a few yards of the above station, when a person attempted to get into one of the carriages, but, in the imprudent act, his footing failed, he fell, and 'the wheels of the carriages of the whole train went over 'huth of his legs, between the knee an d th e anc l e . B o th limbs were dreadfully mutilated. It was ascertained that he had come from Manchester, and that his name was Bentley, and he was a warper or sizer. It was sup posed that he was anxious to get on the train, and was ignorant that it stopped at the station at Stone Clough.— Belton Free Press.. PRESBYTERIAN MARRIAGES...-.A2 was to be expected, the decision of the Irish Judges against the validity of marriages between a Presbyterian and a Pro testant Episcopalian, when celebrated by a Presbyterian clergyman, has excited both surprise and alarm among the Presbyterian body. Consultations have been held among Presbyterian clergymen of different parts ; land we understand that already steps have been taken for submitting to the Government the provisions of such a Bill as ought instantly to be passed.—Northern Whig. All our mackerel boats, with two exceptions, are now at Plymouth. Several favourable accounts of the progress of boats which have gone from other places have been received; but no news of our own boats worth mentioning for good or ill has been sent, except that the two boats belonging to James Newman had last week in the space of a few hours earned upwards of 501. a piece. —.Brighton Guardian. ROBBERY BY, AND SUICIDE OF, A SER. VANT.—On Monday a man, named James Davis, was taken into custody by Crofts, 179 D, who found in his possession a bottle of wine, a loaf, a n d ot h er articles, and, on his being questioned as to how he came by them, he replied that they had been given to him by his bro ther, who was servant to Mr. Dowbiggin, of Abercorn place ; the prisoner was remanded to afford time for fur ther inquiry, and yesterday discharged, Inspector Wiggins having informed the Magistrate that Mr. Dowbiggin's servant had s!nc se e the first examination committed suicide by hanging two A duel with swords took place a f ew d ays ago between The fair combat ants, who are known for i their esprit, be au t y , an d f as hi on , ladies of Paris I qua rrelled about an affair of love, and a hostile mee' was the consequence. One of the ladies was but we learn not dangerously. ounded repr.M.ft.7lolo ,-, ir - FRENCH AFRICA. The following letter from Oran, quoted by the Tou lonnais, gives a graphic sketch of the circumstances at tending the submission of the tribes of that province : " General Tempoure and General Mustapha encamped on the Rio Salado, at a place called Hammam Bou Adjer, a stratejic point at the foot of the Tassala hills, where the Beni Amars have their Douars, and which General Mustapha selected as being equally favourable for the negotiations wished to be entered upon, and for a razzia, in case it should become necessary to make one. Thi s has not become so, for when the tribes heard of the ar rival of the French and General Mustapha, the chief came into this general's tent, did'homage to him, and en treated him to forget all their differences, and remember only the days when they marched under the same stan dard, and requested him to use his interest with our com manders to save them from our ruinous razzias. During the six days which the weather detained us at the bi- . vouac of Hammon Bou Adjer, , Gen. Mustapha's tent was crowded with chiefs and envoys pressing from all parts. Some, by the strange fashion of their arms and costume, showed that they came from far distant parts to see the venerated warrior, whom the Arabs call the Sword of the Sultan of France. It was, indeed, a truly imposing spectacle, to See the worthy old man, seated at the entrance of his tent, which was too confined to re ceive all the chiefs who came to kiss his hand, and hear him explain the benevolent intentions of the French. Among the envoys were those charged to make arrange ments for an interview between him and Sidi Mohamet Ben Abdallah. The latter; whom the tribes wish to obey as their new chief or Sultan, had left the Moun tains of Tara with 1,000 horsemen, and the chiefs of all the tribes who have acknowledged his authority. Having come two-thirds of the distance towards our camp, and taken up a position on one of the slopes of the Bou Haft Mountain, commanding the road to Tlemcen, about two leagues from the old Roman road, called by the Arabs Ain el Bredji (Fountain of the Forts), General Mus tapha recommended Colonel Tempoure to go so far to meet Mohamet Ben Abdallah, who is not only a politi cal chief, but the most venerated Marabout of the pro vince. The Colonel set out, accompanied by Captain Azema de Montgravier, of the artillery, commaleant of one of the battalions of the column, Captain Feri Pisani Jourdan, commandant Of the artillery, Captain de Laumiere, the Colonel's aide de camp, and Lieutenant Sa varres, 21 the second African Chassvurs. General Musta pha marched at the head of his auxiliary cavalry, clad in his finest burnous and wearing his richest arms and ac coutrements. After a three hours' march they came in view of the cortege of the new Sultan, having dis played at its head four standards, taken for this occasion from the celebrated mosque, in which are deposited the ashes of Sidi Chiqze, the founder of his race. On -- seeing the cortege the Douars uttered shouts of joy, flourished their arms in the air, and showing general anxiety to contemplate the countenance of the Marabout. On a sign from Mustapha theprincipal chiefs detached them selves from the troops, and went to announce our ar rival to the Sultan. The rest soon followed, and the two Arab chiefs, their standards and followers, were completely intermingled, embracing, and giving each other takens of mutual and entire confidence. Gen. Mus tapha alighted, in deference to the religious character of our ally, and the latter hastened to embrace him, without waiting for the kiss on the hand, a mark of respect which Pachas themselves never refuse to pay to certain Mara bouts. Tit: s first interview was extremely short between the parties. Gen. Mustapha told Mohamet Ben Abdallah that the Chief of • i the French, informed by his out-scouts of the appearance of some of the enemy's cavalry on the heights of Ain el Bredji, had made a reconnaissance up to that point, and w,'shed that the Arab united troops should join him there,. The two chiefs immediately mounted their horses, and "'loved towards the point, at which the Colonel had taker, up a position, after having driven away some spies of .Abd-el-Kader. During the confer ence large fires were lighted on the plateau, which Abd el-Kader must have 'beheld from Mechouar. A blaze of joy, lighted by the spirit of vengeance, illuminated the fine countenance of Mustapha, the family of Meheddin having done so much evil to his race. Abd-el-Kader has caused the death by poison or the sword of so many of his rela tions and friends, that the venerable old man has ever upon his lips the following words, which have been adopted by the Arabs :—` Mustapha Ben Ismael has only two enemies in the world— Saian and the Son (j . Meheddin.' Our Aga is not the only ove in whose breast Abd-el- Kader has planted implacably' hatred. Among the chiefs present at this important meetng, there were five whose fathers, sons, or brothers, have p s erished by order of the Emir, in frightful tortures. it 1,',1 in vain that some writers, seduced by the apparent grop.:eur of the struggle EVENING SUN sustained by this man against the power of France, wished to exalt the beauty of his character. The inflexi- , ble truth of future history will tell that, in order to gra tify his ambition this new Jugurtha shrunk not from com mittingany religion lets crime, and thereby filled the hearts of his with a store of vengeance which greatly contri buted to his ruin. Before quitting the Marabout, General Mustapha entreated him to call down the benediction of God upon the Mussulmans assembled around him. The whole cortege, upon this demand, advanced towards us, and with their hands raised towards heaven, 1,500 warriors, amorr , whom were five French officers,—so- .. lemnly repeated the following prayer:—' Clement and most merciful God ! we supplicate thee to restore peace to our unhappy country, rendered desolate by a cruel war. Take pity on a people whom the decrees of thy sovereign justice have reduced to the lowest state of misery. Cause the abundance and happiness which we formerly enjoyed under a tutelary power again to spring up amongst us. Give us the victory over the enemies of our repose, and let thy holy religion, revealed by the prophet, never fail to be triumphant. The emotions ex cited in the Christians present at this sublime scene may be easily conceived. It reminded us of those impreca tions with which the nations of old, before going to battle,. - devoted their enemies to the infernal gods, and since, the period whon the Roman legions founded the colonies and encampments, the ruins of which we have trod over, these wild places have never seen a grander spectacle than was thus presented." A correspondent of the Siecle at Algiers observes that; though the accounts from Oran and Tlemcen appear very satisfactory, much caution should be used in ac crediting them ; since, on the opening of the Chamber, there is always an attempt made in Algeria to colour things very highly in favour of the colony. The Cour rier Francais gives the subjoined from Oran, 2d inst., relating to the facts mentioned above : " While the three columns were moving towards the west, important events were taking place near Tlemcen. Abd-el-Kader, who had arrived near that town with his red or regular horsemen, 400 or 500 irregular horsemen, and 250 who had been brought to him by the Kalif Bou-Hamedy, found the tribes of Trarah and Oulessa assembled upon a little hill, and learned shortly after wards that they had just been deliberating on the course to be adopted • that his authority was no longer re cognised, and ;hat a new chief had been elected, who was to rule under the protection and in the name of France. As Abd-el-Kader could not contend with about 10,000 Arabs, who were assembled on this point, and knew that General Lamorciere was at his heels with 6,000 men, that Colonel Tempoure was on the Rio-Sa lado, and that it was impossible safely to pass through Yacobia, he resolved to march towards the frontiers of Morocco, announcing his intention of seeking refuge in the territories of the Emperor. General Lamormewre has since had a further understanding with the new chief of the Arabs, and it may now be asserted that the whole , : of Oran has submitted to France with the exception of the tribes of the Hachmens and the Beni-Ammer, who have hitherto refused to take part in the proceedings against Abd-el-Kader. Colonel Tempoure returned 3,es teaday. General 13edeau liaA been checked by the diffi culties of the way and the inundation of the waters, and has returned to . Mostaganem. The captures made by . General Lamoricicre from the Hachmens are so conside rable, that the garrison of Mascara and his columns are furnished by them with provisions for four months. A report has been current here that a Morocco chief, who was at Tlemcen, has declared that if Abd-el-Kader should seek refuge in the territory of the Emperor, he would be detained prisoner, and placed at the disposal of the French." CASE OF DESTITUTION. Yesterday a lengthened investigation took place in the •House of Correction, Coldbath-fields, Clerkenwell, before Mr. Wakley, M.P. on view of the body of. David Green, aged 28, who died in the prison, having been committed by the Magistrates of Clerkenwell Court under the Vagrant Act. John Lambert, gatekeeper at the prison, deposed that the deceased was received on Friday week, having been committed by the Magistrates at Clerkenwell Court, tinder the Vagrant Act, for being found begging in the streets, by one of the Mendieity officers, for which he was sentenced to seven weeks' imprisonment. The poor man atthe time was in a deplorable state of weakness and emaCiation, and suffering severely from the incle mency of the weather, owing to the wretched manner in which he was clad. Colonel Chesterton, the Governor, said that when he was made acquainted with the deceased's condition he immediately ordered him into the infirmary, where he had sago, arrow-root, gruel, mutton broth, brandy and water, and in fact everything that was of a stimulating and nourishing quality. Stephen Allen, one of the nurses of the infirmary, said the deceased was so weak as scarcely to be able to take any •nouriShment. The unfortunate man stated to wit ness that he had for some time wandered about the coun try in 'a • state of starvation, and nearly perished with cold for want of shelter. Ile said he had been for weeks without having his clothes 'off; That before coming to London he had slept at Halstead and Yelden work houses, in Essex, where he received some bread as tem porary relief. The day before he was taken by the Men dicity officer for begging, he had applied to a brother, who lived near the Elephant and Castle, Newington, but who refused to relieve him. The Jury expressed their astonishment that a poor miserable dying being like the deceased should be com mitted to prison by the Magistrates ; it was cruel in the extreme. The unhappy man ought to have been sent either to an hospital or workhouse. The CORONER said he perfectly coincided with the Jury. The Jury returned a verdict of—" Natural Death, pro duced from want of the common necessaries of life." DEATH OF A FOREIGNER FROM STARVATION. Last evening a long investigation was entered into be fore Mr. Wakley, M.P., and a respectable Jury, on the body of a man named Adam, apparently about sixty years of age, and stated to be a native of France, at the St. Pancras Workhouse, King's-road, Camd,an Town. The Jury having viewed the body, which lay in the said house, and which present e d a v ery emac i ate d ap pearance, the evidence was entered into. Elizabeth Richardson, stated that she was a lodger in the house No. 25, Hastings-street, Judd-street, New road ; the deceased was lodging in the same house, and had done so for about a fortnight. He occupied the second floor back room. He could scarcely speak a word of English, but said he was a native of France, and had neither a single friend nor relation in this country. On Thursday morning she heard a heavy Mt in his room and on going up she found hi m l y i ng on t h e fl oor . In attempting to walk, , _ when lifted up, he again fell from weakness. She never knew him have anything but a small piece of bread and some coffee the whole time he lived there. He was taken insensible about six o'clock, on Friday evening, and con tinued in that state until three o'clock on Sunday, when he died It was her belief that he died for want of the common necessaries. of life. Mrs. Sarah Jackson, landlady of the house in ques tion, said she let her room furnished to the deceased about a fortnight since. All that she could learn of him was that his name was Monsieur Adam, and that he was a native of France. _ By the COIiONER - I made application for relief to the parochial officers of St. Pancras for him on Saturday morning. Thomas Tiffin, summoning officer, was then sworn. lie said he was on duty on Saturday morning at that workhouse, when application was made to Mr. Stewart, the relieving overseer, to allow the deceased to be brought there, or some relief to be given. By the overseer's order, he at once visited the place, and found the de ceased as previously described. He gave the landlady 2s. and a loaf of bread, and immediately informed the pa rish surgeon, Mr. Robinson, who at once attended, and saw the case. The CORONER—Did you find any food or property in the deceased's apartment? . Tiffin—No property what ever, and the only species of food consisted of about a handful of flour and chicory, and two raw potatoes. CORONER— Is it not usual, in such cases, for the parish, to send a nurse ? There is no doubt but this poor creature wanted warmth and attention as well as sus tenance. Tiffin said it was not usual to send a nurse unless one was specially applied for. The CORONER said the principle was a very bad one. Indeed it was imperative on parishes in such cases, to tend nurses as well as to afford relief. Several Jury suggested that the Coroner would re commend to the parochial authorities the necessity of providing nurses, as well as relief in all such eases. Afton some further discussion, a verdict was returned, " That the deceased died from exhaustion, produced from tho want of the, common necessaries oflife.' TILE NIGER EXPEDITION.-LIVERPOOL, TUESDAY.—The Lady Combermere arrived this morning from Africa; she sailed from Bonny on the 19th October, and from Clarence, Fernando Po, 26th October. She left her Majesty's steam-ships Albert and Soudan at Clarence, returned from the Niger expedition, with all hands sick. Captain Bird Allen, R.N., died at Clarence --- on the 25th October. _ _ SILIPWRECK ON TORY ISLAND.—The fol lowing letter has been forwarded by the Collector and Comptroller of Customs in the port of Derry :—" Innis both), Coast Guard Station, Jan. 11, 1842, 2 o'clock, p.n. Gentlemen—l have this moment received a letter from the light-keeper of Tory Island lighthouse, which states that, some time in the night of Friday last 7th instant, a schooner, called the Montagnaise, of Belfast, Major Wilson, master, loaded with bar ley, hides, and tallow, was wrecked on the S.W. point of that island, and, melancholy to state, all hands drown e d. She lies bottom up, and a great deal of the cargo has been secured by the islanders, and part has been given up to the light-]keeper. There has not been any communica tion with Tory Island for some time past. The sea was so much agitated, and a heavy surf on the coast, that the man who brought out the letter was obliged to land in a curragh, or skin boat, as the surf was so high he could 'T.: not land from or in a boat. I shall go into the island the 14 very moment it can be done with any degree of safety.— ;,q I am, Gentlemen, your obedient servant, J. APGLAPERY, Lieut. R.N."—Dublin Pilof ORDERS IN COUNCIL.—The Gazell e of last night contains an order in Council to the e ac o t tli th ( a ia t th o e t further duty imposed by the order of the y' j ! .ied May,l 837, upon all goods imported in the 1 liing dom in Portuguese ships, and the tonnage.ye(.leadayisi e t oyfuonAf and tj a b y d e , per ton imposed by the order of the 1 °" of the ports 1837, upon Portuguese vessels, e nt eringsball CO r t e r 7 o :l t v o e :t i l ni i p e ort ef:c o t n that into , of the United Kingdom, removed. Also an order in rum and rum-shrub, the produce of any portion of the territories subject to the Governmenttooefarthye the duty.. ,thil,Bbeengalmteldl, o o t h f f e 9 l 1 6 . 11 . 0 4 r n t d i . t l e p % d ' o i r l nng' gallon. !' - - _~ ~_ h for ;os- lode' It; giber, _.. 21 - _ -