The Sun. — London, England, 1827-02-15 00:00:00

, fir iix .10 1 .-, VIOTTIALUNG OFFICE, FM THE Commissioners for Victualling his Majesty's Navy, &c. do hereby give Notice, that on FRIDAY, the 16th instant, they will be ready to receive Tenders in writing (sealed up), and treat with such persons as will undertake to sup- PlYall such quantities of BAVINS as may be required at his Ma jeltrs Bakehouse, at Deptford, for One Year certain, from the Ist °I. MaY next, and further until three months' notice, at the rate of for every Suite of Biscuit that may be baked ; the said tavins to be delivered at the Wharf, weekly, and in such propor tions as may be demanded by the Officers of the Yard, except dining the winter season, when (as the navigation of the river is in danger of being impeded), the contractor will be expected to keep in Depot a sufficient stock for the probable demands, for which purpose the use of the Bavin Field, at Deptford, will be allowed to Lira. The conditions of the Contract may be seen at this Office ; and any further information which may be required, will be given 011 application at the Commissioners' Office, Deptford Victualling yard. _ _ Each Tender must specify the Price in words at length, and be delivered before One o'Clock on' the day appointed, and must be accompanied by a Letter signed by two responsible persons, engaging to become bound with the party tendering, in the penal sum of Five Hundred Pounds, for_the due performance of the Contract. The person who nnkes tke Tender, on some person on his be half, must attend to answer when called for. M. WALLER CLIFTON. EAST INDIA HOUSE, Fsa. 14, 1827. THE COURT of DIRECTOR S ofthe UNITED COMPANY of MERCHANTS of ENGLAND Trad ing to the EAST INDIES, do hereby give Notice, That the Court will be ready to receive Proposals, in writing, on or before Wednesday, - the 14th March next, from the Owners of good, sound, and substantial SHIPS of the burthen of from 400 to 650 tons registered measurement, specifying the rate of Freight at which they may be willing to let such Ships fo r One Voyage to ancefrom Bengal. That the Court will also be ready to receive Proposals, in writ ing, on or before the said Wednesday, the 14th March next, from the Owner or Owners of good, sound, and substantial Copper-bot tomed SHIPS, of the burthen of from 550 to 650 tons regis tered measurement,, specifying the rate of freight at which they may be willing' to let such Ships' for one Voyage to China, and from China to Quebec in North America, at which port they will be discharged from the Company's Service. That the Court will also be ready to receive Proposals in writing, on or before the said Wednesday, the 14th March next, froth . the Oehler or Owners of good, sound, and substan tial. Copper-bottomed Ships, of the burthen of from 750 to SOO tons registered - measurement, specifying the rate of freight at which they may be willing to let such Ships for one Voyage to China, and from China to Halifax in Nova Scotia, at which Port they will be discharged front the Company's Service. The Tenders, with the words " Ship Tender" on the cover, to b e severally sealed and left with the Secretary, at this House, at or before Twelve o'Clock at noon, on the said Wed nwday, the 14th of March, beyond which hour the Court will not receive any Tenders. JOSEPH DART, Secretary. The Particulars - of the Terms and Conditions upon which the Ships will be respectively employed, may be had upon applica tion at the Office of the Clerk to the Committee of Shipping, at this House, on or after Saturday next, the 17th inst. NOTICE TO MARINERS. BUOYAGE OF THE EAST SWALE. TRINITY-DOUSE, LONDON, FEB. 1, 1827. THE CORPORATION of TRINITY-HOUSE having caused BUOYS to be placed in the EAST SWALE, Notice thereof, and of the Colours and Situations of the said Buoys, with the Marks, Bearings, and Sailing Directions for the same, are hereby given : viz. WHITSTABLE STREET GLOBE BEACON BUOY, BLACK, Lies in 12 feet Low Water Spring Ebbs, and is placed about 30 Fathoms N.W. from the Street End, with a Tuft of Trees on Harty Backland, a Boat's Length open to the Left of a White • House on the slope of the Hill below it, hearing W. 4Na And Whitstable Church midway between a large White House on the Cliff and the small white Watch House to the eastward of it, bearing. S. b. W. „ Ins Columbine Buoy N. a E. The Spit Buoy of the Columbine N.W. lc W. 4W. Hemhouses W. t N. Distance from the Columbine Buoy about three quarters of a Mile, and from the Spit Buoy of the Columbine about the same distance. BUOY ON THE SOUTH-EAST SPIT OF THE COLUMBINE, RED, Lies in eight feet Low Water Spring Ebbs, with a Clump of Trees on Norman Hill on with the Southernmost Projection of Shellness Point, bearing Whitstable Church on with the Westernmost Cop peras House, bearing S. E. And the Columbine Buoy, bearing N.E. b. E. E. POLLARD SPIT BUOY, BLACK, Lies in eight feet Low Water Spring Ebbs, with Harty Church on Bell's House (the South ' ernmost Dwelling-house at Shellness Point) bearing And a Clump of Trees on the Westernmost Part of the High Land of Sheppy, on with the white end of the Easternmost Muscle House, • beari n g ......................................... N.W. A- W. "II GUT BUOY, ON THE WEST END OF THE COLUMBINE, RED, Lies in 6 fret Low Water Spring Ebbs, with t he West Part of Judd's Hill on with the Beacon An 4 a lghelln ess P o i n t, bearing W. b. S. I s, a C lump of Trees on the We sternmost Part of Eaestlesle of Sheppy on the white end of the ru roost Muscle House, bearing - I,V SAILING DIRECTIONS. After pa%ing Whitstable Street Buoy, leaving it on the left, steer up Mid-channel, with Judd'e House open a Ship's Length te w the Southwa r d o f O re Mill, which appears to stand near to the j ater's edge ; and when the Columbine Spit Buoy is p assed, brin g udd' s House and Ore Mill in one, bearing W. b. S. a S. until You are Two Miles above Shellness Point. There is good Anchor age all the w a y u p, i n from three to 5 fathoms, Clay botto m, with 91;d on the S ur f ace . Th e Ch anne l i s o f var i o us breadths, from e quarter s o f a Mil e to 25 0 F at h oms , a b ove th e Horse, where It Is narrowest. By Order, J. HERBERT, Sec. COMMERCIAL ROAD WHITECHAPEL. EXCELLENCE COMBINED WITH ECONOMY GOOD ARTICLE AT A LOW, PRICE ! IN order to ke e p p ace w i t h t h e highly-improved state of th e C ommerc i a l R oa d an d i ts environs, which, for Respectabilit y an d C ommerce, vies with the proudest thoroughfare in the Metropolis, JOHN . LLOYD and Co., Kixn's PLACE, corner of Barry - S TREET, Commercial Road, are determined, in the s e l ect i on, extent, and quality o f e ve ry A r ti c l e in their Stock of LINEN DRAPERY, HOSIERY, LACE, and HABER DASHERY, to he equalled by Jew, and excelled by None ! At a time when distress and faMine have arrived at their zenith, a nd th e Ma nu f acturing Districts are reduced to the last extremity, . Lloyd and Company have been induced by feelings of grad tuda as well as the desire of in , riting future favours, to pur chase the whole of their large - and valuable Stock of Winter Goods with theirthe ever acceptable cash; therebyentailing upon their Customers pleasing satisfaction of alleviating the distressed, and ensuring to themselves a good article at a low rice.—With such claims to public support, and a determination to P act with rectitude and at Prices rincifull 20 ple, they p res pectfully off er t h e i r well-selected Stock, er Cent . che aper than Credit Shops can buy for. 'lhe following curtailed List of judge of the extrem e Irish Linen beginning at 6d. Russia Sheeting, 7d. Brown Holland, 4id. Damask Table Linen, yard and and half wido, Is. Cd. Linen Huckaback, 7 1d. Russia Towelling, 51d. Suffolk Hemp, 6 1d. Town Prints, beginning at 4A-d. An immense • Stock of Stuffs, G 300 pair of R itney Blankets, rice* Will enable the Public to xtrness of Charge 350 Pieces of real Chintz, be ginnino•' at (ILI. Bed Ticks, 5 Li. Gras de Naple s and Lutestring, in every shade of colour, from 2s. 6d. Satins, all colours, 2s. 4d. Cloaks, 45. 6d Rich Silk Shawls, 2 yds: Wide ss. 6d. An immense Stock of Lace, be • ginning at id. per yard. 48. 8 9 w d i5 . 5 Handker chiefs, 6id. Is. N. The largest Stock of Furnitares in London. - •,•• `...ft , • ,' . • • • • 44,V PRICE 7D. THURSD.AY EVENING, FEBRUARY 15, 1827. On the 20th of February, will be published, VAGARIES, in QUEST of the WILD and the WHIMSICAL. By PIERCE SHAFTON, GENT. Character Hunting—an Adventure on the Appenines—the Mys tery, (a Stage-coach Adventure)—the Young Lady's Tale— My first Appearance on the Stage—the Wandering Jew—a Vil lage Funeral—Stratford and Washington Irving—Kenilworth Ruins—Ruralizing—the Enchanted Lake—" Good Night," and Thirty other Papers in Prose and Verse. London : John Andrews, 167, New Bond-street. COMPANION TO THE DOMESTIC COOKERY. This Day was published, in one thick volume, 12rno. price Ss. 6d. boards, a New Edition, much improved and enlarged, of PRACTICAL ECONOMY ; a New System; formed from Modern Discoveries and the Private Com munications of Persons of Experience. The very rapid sale of three large impressions of this Work manifests the high opinion entertained of its merits. This new Edition contains, among other valuable additions and improve ments, a Series of Estimates of Household EXpelitelli on Eco nomical principles, adapted to Families of every description; which will, it is presumed, afford important hints and much useful information to all who are desirous of properly regulating their establishments, and of enjoying the :greatest possible por tion of the conveniences, comforts, and elegancies of life that their respective incomes will admit of. N.B.—The Estimates separately, for general distribution, and as a Companion to the Housekeeper's Book, 2s. Printed for Henry Colburn, New Burlington-street. VURE WITHOUT PAIN.—A New Discovery, consisting of a mild and safe Medicine, for the Cure of STRICTURES in the Urethra and Rectum, and PILES; also for the effectual removal of all the inconveniences attending those complaints, without the use of Bougie or Catheter. It will afford relief in a few days, without the Patient's experiencing the least pain, and is equally efficacious in cases of long standing.—Pre pared solely by JOHN LYNCH, 44, Duke-street, St. James's. All letters must be post-paid. (IHEAP WINTER CLOTHING for CHA RITIES.—Stout Knit Shetland Stockings of all sizes, 7s. 6d., 9s. and 12s. 6d. per dozen ; Lambs' Wool and Worsted, I Is. to 14s. ; Thick White and Spotted Knit Jersey Underwaist coats, 265., 295., 325. ; Worsted ditto, 205., 235. ; Flannel ditto and Drawers, 305., 34s ; Great Coats, 10s. 6d., 12s. and 13s. 6d. each ; Grey ,Cloaks, 4s. 6d. to 95.; Flannel and Linsey Woolsey Petticoats, 2s. Bd., 35., Ss. 4d. ; strong Linen and Calico Shirts and Chemises, 45., 4s. 61, ss. ; Blankets, 55., 6s. 6d., 7s. 3d., Bs. 9d. per pair; Bed Rugs, 2s. 2d. to 4s. ; Welch Flannel, 64d., Bd., 10d., 11d. and Is. per yard; Sheet incr., 1041., 1 ld. ; Calico, 6d., 7d., Sd. ; Linen, l id., l lid. ; Blue Print, '7d., Bd. and 941. ; Yarn Gloves and Mittens, Welch Wigs, Kilmarnock Caps, Cravats, &c. &c. JOHN STEAR and CO. respectfully inform the Nobility and Gentry, that the above form part of a very large Stock of Goods, suitable for Charitable Donations, a list of which, priced for the present season, may be had on application at their Hosiery and Outfitting Warehouse, 84, Oxford-street, nearly opposite the Pantheon.—Wash Leather Waistcoats, Drawers, and Socks; Vi gonia under-clothing for Ladies and Gentlemen, of peculiar soft ness ; and an extensive general assortment of Hosiery, Gloves, fashionable Cravats, Ready-made Linen, fine Welch and Patent Flannels, Dressing Gowns, &c. &e. at unusually low prices. Orders from the Country, with a remittance or reference, re gularly forwarded. —Gentlemen's Cloth Opera Cloaks, Three Guineas each. CHILBLAINS, RHEUMATISM, SPRAINS, & c . BUTLER'S CAJEPUT OPODELDOC.- Cajeput Oil, which is the basis of this Opodeldoc, has been long esteemed on the Continent, as a remedy for Chronic Rheumatism, Spasmodic Affections, Chilblains, Palsy, Stiffness, and Enlargement of the Joints, Sprains, Bruises, and Deaf ness and the experience of late years, in England, , proves that it merits the high character given of it by the most eminent in the profession, in those obstinate complaints. Being combined in the form of Opodeldoc, it is rendered more penetrating, and consequently much more efficacious as an external application. Rubbed upon the skin, by means of flannel, or the warm hand, italla allays morbid t id te circulation.rritationofuerves, invigorates the absorbents, and accelerates Sold in Bottles, at and 2s. 9d. by Butlers, Chemists, Cheapside, corner of St. P au l' s ; '73, Princes-street, Edinburgh ; and 54, Sack-:ille-street, Dublin; Savory and Co. 136, New Bond street ; 83, High-street, Borough ; and the principal Medicine Venders in the_ United Kingdom. Of whom may be had MARSHALL'S UNIVERSAL CERATE, an excellent Re medy for Chilblains when broken ; used also in Scalds, Burns, &c. OW Ask for BUTLER'S CAJEPUT Oronxt.noc. MASONIC INSTITUTION. —The anniversary of this Institution, the object of which is to clothe, ap prentice, the sons of deceased and indigent Freemasons, eltue't i e t ' v i a a ' s la cele- cele brated yesterday at the Freem asons' Tavern ; the R' Lord Dundas in the Chair. His Ro y al Hi ghness thegiDtukeof Hon. Sussex was expecte d to preside, but was prevented by cont i nue d indisposition. Mr. A. W. Thiselton, the Secretary, announced the subscriptions of the evening, amounting to 2211. ss. The children were then introduced by the Stewards, and walked in pro cession round the Hall, making their obeisance to the Company. A variety of songs, &e. were sung by Miss Graddon, Atessrs. Horn, Broadhurst, -C. Taylor, and Bellamy, who entertained the Company till ten o'clock. CHARACTER . OF PRINCE POTEMKIN.—The Princa Potemkin, always extraordinary in every thing, showed himself equally active in his own government as he appeared in dolent at St. Petersburgh. All the resources of his lively imagi nation, his unlimited power, and the profound knowledge that be had of the character of his Sovereign, be put in practice with in conceivable art, to excite her admiration and flatter her selflove. He contrived, by a species of prodigy, to overcome all obstacles, conquer nature, abridge distances, decorate misery, deceive the eye as, to the uniformity of sandy plains, dispel from the mind the ennui of a long journey, and give an air of life to the most ste rile deserts. The stations of the fleet were so happily cho sen, that neither lassitude nor tedium was felt by the voyagers. Potemkin took care that the gallies should anchor only opposite those towns and hamlets which were in the most picturesque situations. The pastures were covered with 'immense flocks and herds, the banks of the river were alive with groups of peasants, and an innumerable crowd of boats filled with young men and girls, singing the rustic melodies of their country, continually surrounded us; in fine nothing was forgot ten. It must be confessed that this first minister, though a me diocre general, a capricious politician, and who was far from be ing a great statesman, yet showed himself one of the greatest and most skilful of courtiers. HOwever, after taking away what was artificial i n his creations, there still remained a foundation of reality. When he took possession of his immense government, it contai ne d b u t two 'hundred and four thousand inhabitants ; and under his administration the population increased in a few years to eight hundred thousand ; a still too scanty number, however, for a province two hundred j eagues long and a hundred wide.— Segues Memoirs. COUNSEL TO PRISONERS IN CASES OF FELONY. (From the Edinburgh Review.) The particular improvement, of allowing Counsel to those who ' are accused of felony, is so far from being unnecessary, from any ' extraordinary indulgence shown to English prisoners, that we really cannot help suspecting, that not a year elapses in which many innocent persons are not. found guilty. How is it possible, indeed, that it can be otherwise? There are seventy or eighty pet sons to be tried for various offences at the Assizes, who have lain in prison some Months ; and fifty of whom, perhaps, are of the lowest order of the people, without friends in any better con dition than themselves, and without one single penny to em ploy in their defence. How are they to obtain witnesses ; No attorney can be employed—no subpoena can he taken out ; the ' witnesses are fifty miles off, perhaps—totally uninstructed—living from hand to mouth—utterly unable to give up their daily oc cupation to pay for their journey, or for their support when ar rrived at the town of trial—and, if they could get there, not know ing where to go or what to do., It is impassible but that an human being,-in such an helpless situation, must be found guilty; for as he cannot give evidence for himself, and has not a penny to fetch those who can give it for him, any story told against him must be taken for true, (however false), since it is impossible for the poor wretch to contradict it. It is not that a great proportion of those ac cused are not guilty, but that some are not and are utterly without Means of establishing their innocence. We do not believe they are often accused from wilful and corrupt perjury. But the prosecutor is himself mistaken. The crime Las been committed ; and in his thirst for vengeance, he has got hold of the wrong . man. The wheat was stolen out of the barn ; and, amidst many other col lateral circumstances, the witnesses (paid and brought up by a wealthy prosecutor, who is repaid by the county) swear that they saw a man, very like the prisoner, with a sack of corn upon his shoulder, at an early hour of the morning, going from the barn in the direction of the prisoner's cottage! Here is one link, and a very material link; of a long chain of circumstantial evidence. Judge and Jury must give it weight till it is contradicted. In fact, the prisoner did .not steal the corn ; he, was, to be sure, out of his cottage at the same hour—and that also, is proved—but travelling in a totally different direction,—and was seen to he so travelling by a stage coachman passing by, and by a market gardener. An attorney with money in his pocket, whom every moment of such employ made richer by six-and-eightpence, would have had the two witnesses ready, and at rack and manger, from the first day of the assize ; antl the innocence of the prisoner would have been established : but by what possible means is the desti tute ignorant wretch himself to find or to produce such witnesses? Or how can the most humane Jury, and the most acute Judge, re fuse to consider him as guilty, till his witnesses are produced ? We have not the slightest disposition to exaggerate, and, on the contrary, should be extremely pleased to be convinced that our ap prehensions were unfounded : but we have often felt extreme pain at the hopeless and unprotected state of Prisoners ; and we cannot find any answer to our suspicions, or discover any means by which this perversion of justice, under the present state of the law,' can be prevented from taking place. Against the prisoner are arrayed all the resources of an angry prosecutor, who has certainly (let who will be the culprit) suffered a serious injury. He has his hand, too, in the public purse ; for he prosecutes at the expense of the county. He cannot even relent ; for the Magistrate has hound him over to indict. IE4 witnesses cannot fail him ; for they are all bound over by the same Magistrate to give evidence. He is out of prison too, and can exert himself. The prisoner, on the other hand, conies into Court, squalid and depressed from long confinement—utterly unable to tell his own story . from want' of words and want of confidence, and as unable to produce evidence from want of money. His fate accordingly is obvious ;—and that there are many innocent men punished every year, for crimes they have not committed, appears to us to. be extremely probable. It is indeed scarcely possible it should be otherwi2e : and, as if to prove the fact every now and then, a case of this kind is detected. Some circumstances come to light be tween sentence and execution, immense exertions are made by humane men ; time is gained, and the innocence of the con demned person completely established. In Elizabeth Caning's Case, two women were capitally convicted, ordered for execution —and at last found innocent, and respited. Such, too, was the case of the men who were sentetwedlen years ago, for the rob bery of Lord Cowper's steward. " I have myself (says Mr. Scarlett) often seen persons I thought innocent convicted, and the guilty escape, for want of some acute and intelligent Counsel to show the bearings of the different circumstances on the conduct and situation of the prisoner."—(House of Commons Debates, April 256, 18Q6.) We were delighted to see, in this last debate, both Mr. Brougham and Mr. Scarlett profess themselves friendly t) Mr. Lamb's motion. The proposition is, " that the prisoner accused of felony ought to have the same power of selecting Counsel to speak for him as be has in cases of treason and misdemeanor, and as defendants have in all civil actions." Nothing can be done in any discussion upon any point of law in England, without quoting Mr. Justice Blackstone. Mr. Justice Blackstone, we believe, generally wi ote his Commentaries late in the evening; with a bottle of wine before him ; and little did be think, as each sentence fell from the glass and pen, of the immense influence it might hereafter exercise upon the laws and usages of his country. "Itis " (says this favourite writer) " not at all of a piece with the rest of the humane treatment of prisoners by the English law ; for upon what face of reason can that assistance be denied to save the life of a man, which yet is allowed him in pro secutions for every petty trespass?" Nor indeed, strictly speaking, is it a part of our ancient law ; for the Mirror, having ob served the necessity of counsel in civil suits, who know how to forward and defend the cause by the rules of law and customs of the realm, immediately subjoins, " and more necessary are they for defence upon indictment and appeals of felony, than upon any other venial crimes." To the authority of Blackstone may be added that of Sir John Hall, in Hollis's case ; of Sir Robert Atkyns, in Lord Russel's case; and of Sir Bartholomew Shower, in the arguments for a New Bill of Rights, in 1682. "In the name of God," says this Judge, "what harm can accrue to the public in general, or to any man in particular, that, in cases of State-treason, counsel should not be allowed to the accused ? What rule of justice is ther: to warrant its denial, when, in a civil case of an halfpenny cake, he may plead either by himself or by his advocate? That the Court is Counsel for the prisoner can be no effectual re ason ; for so they are for each party, hthi gleitilj:ht t ir h eye a ,at t ,:oi, r alt i ll g h h ioan t : s e' summingTracts,nting C v lue o pr l g . may o T 1 6 1i s o 4. n Thomas Judge I I Rod done."—Somers' e e s v — e e ff l SI Jeffries, in he thought it a hard case, that a mancyiomi afpsen;.:soe:dft6l:Brit have counsel to defend himself for a twopenny trespass, and his witnesses be ex- ' amined upon oath ; but if he stole, committed murder or felony, nay high treason, wh ere lif e , estate, honour, and all were concerned, ither have 01. x. 4 t n i ms e . c i c . s ai l 2 ns ,: s a 7 s o . efv t pro pose p a soT t enh i t i eoh e i t aav m p tt s h o l in o wa u ni o ns l o a;t rm h n e . bar e ' Cpbsn now alive p o ryete t ar t v i t i liee s ai :eprilits.r: so utterly have b is witnesses exa mined idence eing heard el in High Treason ;. and yet it cost a struggle for seven Session s t o get t hi s measure through the two Houses of Parlltment. 13ut m a n ki n d much like the children they beget—they always m a k e wry faces at what is to do them good; and it is necessary sometimes to hold the nose, and force the medicine down the throat. They enjoy the health and vigour consequent upon the medicine ; but cuff the Doctor, and sputter at his stuff ! It is ludicrous enough to recollect, when time employment of Counsel is objected to on ac count of expens e t o th e p r i s one r that the same merciful law , which, t o save the prisoner's money, halals h d is en sa ie v d in i g ii s m o C m ousel, and produced his c onv i ct i on, se i zes upon moment he is convicted. Of all false and foolish dicta, the most trite and the most absurd is that which asserts that the Judge is Counsel for the prisoner. We do not hesitate to say that this is merely an unmeaning phrase, invented to defend a pernicious abuse. The Judge cannot be counsel for the prisoner, 0 110 1 not to be counsel for the prisoner, never is counsel for the prisoner. To force an ignorant man into a court of justice, and to tell him that the Judge is his Counsel, appears to us quite as foolish, as to set an hungry man down to his meals and to tell him that the table was his dinner. In the first place, a counsel should always have private and previous com munication with the prisoner, which the Judge, of course, cannot have. The prisoner reveals to his counsel how far lie is guilty, or he is not ; states to him all the circumstances of his case- 7 and might often enable his advocate, if his advocate were allowed to speak, to explain a long string of circumstantial evidence, in a manner favourable to the innocence of his client. Of an these advantages, the Judge, if he had every disposition to befriend the prisoner, is of course deprived. Something occurs to a prisoner in the course of the cause; he suggests it in a whisper to his counsel, doubtful if it is a wise point to urge or not. His coun sel thinks it of importance, and would urge it, if his mouth were not shut. Can a prisoner have this seeret communication with a Judge, and take his advice, whether or net he, the Judge, shall mention it to the jury? The counsel has (after all the evidence has been given) a bad opinion of his client's case; but he sup presses that opinion ; and it is his duty to do so. He is not to decide ; that is the province of the jury : and, in spite of his own opinion,—his client may he innocent. He is brought there (or would be brought there if the privilege of speech were allowed) for the express purpose of saying all that could be said en one side .of the question. He is a weight in one scale, and some one else holds the balance. This is the way in which truth is elicited in civil, and would be in criminal cases. But does the Judge ever assume the appearance of believing a prisoner to be innocent whom he thinks to be guilty? If the prisoner advapees inconclusive or weak arguments, does not the Judge say they are weak,and incon , elusive, and does he not often sum up against his own client ? _ How then is he counsel for the prisoner? If the counsel for the prisoner were to see a strong point, which the counsel for the pro secution had missed, would he supply the deficiency of his antago nist, and urge what had been neglected to be urged ? But is it not the imperious duty of the Judge to do so ? How then can these two functionaries stand in the same relation to the prisoner ? In fact the only meaning of the phrase is this, that the judge will not suffer any undue advantage to be - taken of the ignorance and helplessness of the prisoner—that he will point out any evidence or circumitance in his favour—and see that equal justice is done to all parties. But in this sense he is as much the counsel for the proSecutor as of the prisoner. This is all the Judge can do, or even pretends to do ; but he can have no previous communication with the prisoner—he can have no confidential communication in court,with the prisoner befiire he sums up; he cannot fling the whole weight of his understanding into the opposite scale against the counsel for the prosecution, and produce that collision of faculties which, in all other cases but those cf felony, is supposed to be the happiest method of arriving at truth. Baron Garrow, in his 'charge to the Grand Jury at Exeter, on the 16th August, 1824, thus expressed his opinion of a Judge being counsel for the prisoner. " It has been said, and truly said, that in criminal courts, Judges were counsel for the prisoners. So undoubtedly they were, as far as they could to prevent undue prejudice, to guard against improper influence being excited against prisoners ; but it was im possible for them to go farther than, this ; for they could not sug gest the course of defence prisoners ought to pursue; for . Judges_ only saw the depositions so short a time before the. accused ap peared at the bar of their country, that it was quite iMpossible for them to act fully in that capacity." The learned Baron might have added, that it would be more correct to call the Judge coun sel for the prosecution. For his only previous instructions were the depositions for the prosecution, from which, in the absence of counsel, he examined the evidence against the prisoner. On the prisoner's behalf he had no instructions at all. Can any thing then be more flagrantly and scandaloualy un just, than, in a long case of circumstantial evidence, to refuse to a prisoner the benefit of counsel ? A foot-mark, a word, a sound, a tool dropped, all give birth to the most ingenious inferences ; and the counsel for the prosecution is so far from being blame able for entering into all these things, that they are all essen tial to the detection of guilt, and they are all links. of a long and intricate chain. But if a close examination into, and a lo gical statement of all these circumstances he necessary for the establishment of guilt, is not the same closeness of reasoning and the same logical statement necessary for the establishment of innocence? If justice cannot he done to society without the intervention of a practised and ingenious mind, who may connect all these links together, and make them clear to the apprehen sion of a Jury, can justice be done to the prisoner, unless si milar practice and similar ingenuity are employed to detect the flaws of the chain, and to point out the disconnection of the cir cumstances ? Is there any one gentleman in the House of Commons, who, in yielding his vote to this paltry and perilous fallacy of the Judge being counsel for the prisoner, does not feel, that, were he himself a criminal, he would prefer almost any counsel at the bar, to the tender mercies of the Judge? How strange that any man who could make his election would eagerly and diligently surrender this exquisite privilege, and addict himself to the perilous practice of giving fees 'to counsel ? Nor let us forget, in considering Judges as counsel for the prisoner, that there have been such men as Chief-Justice Jeffries, Mr. Justice Page, and Mr. Justice Alybone, and that, in bad times, such men may re-appear. " If you do not allow me counsel, my Lords, (says Lord Levet), it is impossible for me to make any defence, by reason of my infirmity. Ido not see, Ido not hear. I come up to the bar at the hazard of my life. I have fainted several times, I have been up so early, ever since four o'clock this morning. I therefore ask for assistance ; and if you do not al low me counsel, or such aid as is necessary, it will he impos- sible for me to make any defence at all." Though Lord Lovat's guilt was evident, yet the managers of the impeach ment felt so strongly the injustice which was done, that, by the hands of Sir W. Young, the chief - manager, a bill was brought into Parliament, to allow counsel' to persons impeached by 'that House, which was not previously the case ; so that the evil is already done away with in a great measure to persons of rank : it so happens in legislation, when a gentleman suffers, pub- lic attention is awakened to the evil of laws. Every - man who makes laws, says, " This may be my case :" but it re quires the repeated efforts of humane men, or, as Mr. North calls them, dilettanti philosophers, to awaken the - attention of law makers to evi:s from which they are themselves exempt. We do . not say this to make the leaders of mankind unpopular, but to rouse their earnest attention in cases where the poor only are concerned, and where neither good nor evil can happen to themselves. A great stress is laid upon the moderation of the opening counsel ; that is, he does not conjure the farmers in the Jury-box, by the love which they bear to their children—he does not de claim upon blood guiltiness—he does not . describe the death of Abel by Cain, the first murderer—he does not describe scattered brains, ghastly wounds, pale features, and hair clotted with gore— he does not do a thousand things which are not in English taste, and which it would be very foolish, and very vulgar to do. We readily allow all this. But yet, if it be a -cause of importance, it is essentially necessary to our counsellor's reptitation that his man should be hung ! and accordingly, with a very calm voice, and composed manner, and with many expressions of candour, he sets himself to comment astutely upon the circumstances. Distant events are immediately connected; meaning is given to insignificant facts ; new motives are ascribed to i n nocent ac tions ; far Mer gives way after farmer in the Jury - bo x ; and a rope of eloqu ence i s w o ven round the prisoner's neck ! Ever y one is delighted with the talents of the advocate ; and because there has been no noise, no violent action, and no coequeo perspiration, he is praised for his candour andforbearance, and the lenity of our •laws is the theme of universal •approba tion. In the mean time; the speech-maker and the prisoner know better. We should be glad to k now of any one nation in the world, taxed by kings, or even ima g ined by poets (exce p t the En g -- lid)), who have refused to prisoners the benefit of counsel. Why is the voice of humanity heard every where else, and disregarded here? In Scotland, the accused have not only counsel to speak for them, but a copy of the indictment, and a list of the witnesses. In France, in the Netherlands, in the whole of Europe, counsel are allotted as a matter of course. Every where else but here, accusation is considered as unfisvour able to the exercise of human faculties. It is admitted to be that crisis in which, above all others, a n un h a ppy man wants the aid of eloquence, wisdom, and coo l ness . I n F ran ce, the Na poleon Code has provided n o t only that counsel should be allowed to the prisoner, but th a t, as w i t h S cot l an d , hi s counse l should have the last word. It is a most affecting moment in a Court of Justice when the evidence has all bee n heard, and the Judge asks the prisoner what he has to say in his def e n ce . Th e prisoner, who has ( b y g reat exertions, perhap s , o f hi s f r i en d s ) saved up money enough to pro ):. a ou speak fo r y ourse lf s p , oor girl of eighteen —to a forei gner —t o a d ea f man—to a stammerer — to the sick you must cure Couns e l, says to t h e Judge, " t h at b e l eave s his defence to his C o unsel." We have often blushed for Engli sh humanit y to hear the r e pl y , ' and Your Counsel thi cannotie reply s givenpeak for —to the feeble—to the old—to the most abject and ignorant of hu ma n beings ! It is a reply, we must say, at which common sense and BRITISH INSTITUTION, PALL MALL. THE GALLERY for the EXHIBITION and SALE of the WORKS of BRITISH ARTISTS, in cluding the. Pictures of the Battle of the Nile, at the moment of the Blowing-up of the L'Orient, .and that of the Representation of Admiral De Winterdeliveringhis Sword to Lord Duncan, after the Battle of Camperdown, presented by the British Institution to the Royal Hospital of Greenwich, is open daily, from Ten in the Moining until Five in the Evening. Admittance, I s.—Ca talogue, Is. WILLIAM BARNARD, Keeper. BRITISH ROCK AND PATENT SALT COMPANY. ASPECIAL GENERAL MEETING will be holden at the City of London Tavern, on TUESDAY, the 20th February instant, to take into consideration certain arrange ments which the Directors have made with Mr. Furnival, by which his connexion with the Company has entirely ceased. JAMBS . B. LOBE, Secretary. 3, Great Winehester-street, London, Feb. 12, 1827. \` No. 10,744. .c 4 j I t ( I - . . • - ...ed.: ~,s. -v.z. , . .. . yf i t - 7 ,— " , ., •,---,3 .-, - to - •--p, .„ • '-',,,,,,... ,-.... .....). .......„,,,....-,,,..,.,_,„ ,_:__,:.......,„ •...: :.;• •• • ,( .-. , ,g 2 ' • - V.., #-`,. . ~ i :". 7 .' - s 1 7 :4 len%.' . ' ' • ..i.s'.- ;,.. --.4 % , - '• x' '1';) . ek #47' '. 1 44 ,.. 7 - -' '.- e ( , common feeling revolt. VOA fall of britAsuelif, and of base inattention of those who make laws, .tn,the happiness of thoss for whom laws were made. We wonder that any Juryman can convict, under such a shocki - ng violation of all natural justice. The iron age of Clovis and Clottaire can produce no more atro cious violation of every good feeling and every good principle. .Can a sick man find strength and nerves to speak before a large assembly? Can an ignorant man find words?. Can.a low man find confidence? Is not he afraid of becoming an objaet .of-ridi cnle? Can he believe that his expressions will be. understood ? How often have we seen a poor wretch struggling against the agonies of his spirit, and the rudeness of his conceptions, and his awe of better dressed men and better taught men, and the shame which the accusation has brought upon his head, and the sight of his parents and children gazing at him in the Court, for the last time perhaps, and after a long absence? The mariner sinking in the wave does not want a helping hand more than does this poor wretch. But help is denied to all ! Age cannot have it, nor ignorance, nor the modesty of women ! One hard uncha ritable rule silences the defenders of the wretched, in . the . 7pret of - human evils ; and, at the bitterest of human moments,. blotted out from the ways of men Suppose a cri►ue to have been committed nrulertheiuffuense of - - insanity, is the insane man, now convalescent,. to plead..iia insanity? to offer arguments to show that •he must "li.ave.beeu mad ? and, by the glimmerings of his returning reason, to prove that, at a f'rmer period. that same reason was-utterly extinct ? These are the eruel situations into which Judges and Courts of Justice are thrown by the prevent state of the..lw. There is a Judge upon the Bench who never took away the life of a fellow-creature, without shutting himself up alone, and giving the most profound attention to every circumstance of the case ! and -this solemn act he always -premises with his own beautiful prayer to God, that he will enlighten him with his di vine spirit in the exercise of this terrible privikge! Now would it not be an immense satisfaction to this feeling and honourable Magistrate, to be Awe that cozery witness on the side of the Boner had been heard, and that every argument which could be urged in his favour had been brought forward, by a man whose duty it was to see only on one side of the question, and whose interest and reputation were thoroughly embarked in this partial exertion? If a Judge fails to get at the truth, after these instru ments of investigation are used, his failure must be, attributed to the limited powers of man—not to the want of good inclination, or wise institutions. We are surprised that such a measure does not come into Parliament with the strong recommendation qf the Judges. It is surely better to be a day longer on the circuit, than to murder rapidly in ermine. It is argued that, among the various pleas for mercy that are offered, no prisoner has ever urged to the Secretary of State the disadvantage of having no counsel to plead for hiM. But a pri soner:who dislikes to undergo his sentence, naturally addressee to those who can reverse it, such arguments only at will priduce, in the opinion of the referee, a pleasing effect. 1.15 does not there fore find fault with the established system of jurisprudence, but brings forward facts and arguments to prove his own innocence. Besides, how few people there are who can elevate themselves from the acquiescence in what is, to the consideration of what ought to be; and, if they could do so, the way to get rid of a punishment is not (as we have just observed) to say, " You have no right to punish me in this manner," (but to say), " I am inno cent of the offence." The• fraudulent baker at Constantinople, who is about to be baked to death in his own oven, does not com plain of the severity of baking bakers, but promises to lige snore flour and less fraud. If the effect of reply, and the contention of Counsel, have all these baneful consequences in felony, why not also in misde meanour anti high treason ? Half the cases at Sessions are cases of misdemeanour, where Counsel are employed, and half informed Justices preside instead of learned Judges. There are no com plaints of the unfairness of verdicts, though there are every now and then of the severity of punishments. Now, if the reasoning of Mr. Lamb's opponents were true, the disturbing force of the prisoner's counsel must fling every thirig into confusion. She Court for misdemeanours mist be a scene of riot and perplexity ; and the detection and punishment of crime must be utterly im possible : and yet in the very teeth of these objections, such courts of justice are just as orderly in one set of offences aa the other; and the conviction of a guilty person just ascertain and as easy. The folly of being counsel for yourself is so notorious ins civil eases, that it is grown into a proverb. But the , cruelty of the Lev compels a man, in criminal eases, to .be guilty of kmuch greater act of folly, and to trust Ids life to an advocate who, by the common sense of maukind," is pronounced to be inadequate to defend the possession of an acre of land. Why is the practices's) good in all other easel', and so pernicious in felony alone? This question has never received even the shadow of an answer. There is no one objection against the allow ance of counsel to prisoners in felony, which does not apply to them in all cases. If the vigilance of Judges depend upon this injustice to the prisoner, then, the greater injustice to the prisoner., the more vigilance ; and so the true method of perfeeting the Bench would he, to deny the prisoner the power of calling wit nesses, and to increase as much as possible the disparity betweeta the accuser and the accused. We hope men are selected for the Judges of Israel, whiSse vigilance depends upon better and bighee principles. There are three methods of arranging a trial, as to the mole . of employing counsel—that both parties should have counsel, or neither—or only one. The first method is the best; the second is preferable to the last ; and the last, which is our present aye tem, is the worst possible. If counsel were denied to either of the parties, if it be necessary that ary system of jurisprudence should be disgraced by such an act of injustice, they should rather be denied to the prosecutor than to the prisoner. But the most singular caprice of the law is, that counsel are permitted in very high crimes, and in very small crimes, and. denied in crimes of a sort of medium description. In high trea son, where you mean to murder Lord Liverpool, and to levy war - against the people, and to blow up the two Houses of Parliameote all the lawyers of Westminster Hall may talk themselves dry, and the Jury deaf. Lord Eldon, when at the Bar, haS been heard foe' nine hours on such subjects. If, instead of producing the destruc tion of five thousand people, you are indicted for the murder of one person, here human faculties, from the diminution of guilt. are suppoSed to he so clear and to unclouded, that the prisoner ie quite adequate to make his own defence, and no counsel are allow ed. Take it then upon that principle; and let the rule, and the reason of it, pass as sufficient. But if, instead of murdering the man, you have only libelled him, then, for come reason or ano twhears,everthoughs lteh utterly unknown defended unknow-n by publictons,tlie m original in grave nal imbecility of faculties in accu se d p ersons i s respec t e d, and counsel are allowed. assem blies? The prosecutor too, (as Mr. Horace Twiss justly pie serves), can either allow or disallow counsel, by selectiug his form of prosecution ;---as where a mob had assembled to repeal, by riot and force, some unpopular statute, and certain persons had continued in that assembly for more than an hour after proclama tion to disperse. That might be treated as levying war against the King, and then the prisoner would be entitled •to receive (as Lord George Gordon did receive) the benefit ofcouneele It'might also be treated as a seditious riot ; then it would be sr misde meanour, and counsel would still be allowed. But if Government had a mind to destroy the prisoner effectually, they have only to abstain from the charge of treason, and to introduce into the in dictment the aggravat:on, that the prisoner had continued with the mob for an hour after proclamation to disperse; this is a f e lo n y, the prisoner's life is in jeopardy, and counsel are effectually there are c should d o n f treason are 4 ci 4 : lY excluded. It produces, in many other cases disconnected with treason, the most scandalous injustice. A receiver of stolen goods, who employs a young girl to rob her master, may he tried for tli . o misdemeanour; the young girl taken afterwards would be tried 14 felony. The receiver would be punishable . only with ybeztrenclio:vvnmedonily felony rather fine, impritonment, or whipping, and he could have counsel to d e f eu ,i him. The girl indicted for felony, and liable to death, ulc enjoy no such advantage. In the comparison between felony and treason, h reipatn y enlra c k) es a c,o i cti t au,r n scus. s ce e eaid l :csetto s luo l lfasn i o eftic u (eaj btl in nse le to be influencedssemmies and to persons of education an l :d s ; bye people. more the Crown, and to, lean against the prisoner, this cannot trp t lowest a r : e ittpb : ll s eYi o re n ss o t r lp f 7 a ae t r ane h e l a pply to cases of misdee rneanour, or to the defendants in civil that Judges should be watchful in political cases, but if it be necessary eases of felony connected with 't ? ) how. awn ate political isairection ? Every judge, too, has his idiosyncrasies, which required to he watched. Some hate Dissenters —some mobs; some and the ultimate trutr have oneweaknees, some ano ther;ts, teat no court of justice is cafe, unless there is some Ole proem whose occupation and-interest it is to watch the safety of the• prisoner, Till then, no man of right l th es: in :Loge:hr.4: feeling , can he easythe at administration of justice, and the punish ment of death. Two men are accused of one offence; the one dexterous, hold, subtile, gifted with speech, and remarkable for presen ce of mind ; the other timid, hesitating, and -confused,—is the re an y rea '" why the chances of these two men for acquittal s hould be, as they are, so very - different? Inequalities there will be in the meet)* of defence under the best system, but there is no occasion the law should make these greater than they are left by chance or nature. . . The opponents always forget that Mr. Lamb's plan is not to compel prisoners to have counsel, but to allow them to have coun-