The Sun. — London, England, 1830-04-07 00:00:00

a divorce by reason of its being agreeable or con venient to the parties whose union that divorce would sever, there is no circumstance looked at with more jealousy by our laws than a proceeding to break the bend of marriage by consent. Where such an agreement can be proved, an active inquiry is for the most part countenanced into many colla teral facts antecedent to the proceedings for divorce. The very knowledge that the legal separation is sought, as a matter of reciprocal benefit, weighs powerfully with all English tribunals to frustrate that object, which is only held to be legitimate when it is a relief to one party, and a punishment to the other. But the party seeking relief must come" with clean hands into court." An adultress cannot lawfully divorce her profligate husband, nor can an adulterer his adulterous wife. Here, again, if there be no opposition by either ploy, there is a prima facie motive for investigation on behalf of the country, which has a direct interest in prevent ing the grant of a divorce to that party against whom a charge of adultery could be proved, thouth it may not have been brought by the other. In the present case we Aar not affect any mystery. If it could be proved that Lord Ellenborough, who seeks a legal remedy against his wife, had himself been guilty towards that wife, of wrongs precisely similar to those for which be pays the Parliament to re lease him from all connexion with her, it would be the duty of Parliament to do for the sake of the public what the wife had failed to attempt for her self ; it would be the duty of Parliament to origi nate the plea of recrimination—to examine what ever witnesses could he found capable of proving it ; and wheu proved, to found on it a rejection of the Bill of Divorce. Whether such a charge against Lord Ellenborough could be effectually sustained, we cannot answer : but it seems to us, from reports which are current, that an inquiry might, with a view to the ends of justice, be advantageously di reeted to what is called by one of our correspondents, the " Brighton affair,"—an affair, for the reality of which we do not certainly vouch, but which, if real, was beyond all question monstrous ; and which, if established in all its parts by satisfactory evidence, would undoubtedly defeat the Bill. We forgot to mention that there i• one part of the case already before the public which requires some further eluci dation,—viz., what reason did Lady Ellenborough assign to any body for separating from her husband's bed ; and how came Lord Ellenborough to agree to such a proposition from so young and lovely a woman ? Some members of Lady Ellenborough's family might be properly examined upon the first point ; Lord Ellenborough himself, on the second reading of the Bill, or an examination of the " Brighton affair," might throw some light upon the second.—Titus. Lord Ellenborough's Divorce Bill was last night read a third time and passed. Indeed, as we hinted yesterday, such a result was all but inevitable; see ing, in the first place, that the chief opponent of the Bill proceeded on the absurd ground that the adultery was not proved ; and secondly, that no body had the courage to proceed on the true ground —the alleged conduct of Lord Ellenborough with respect to other women. His Lordship now, or at least in a day or two, will be at liberty to marry again. We suppose he will be more cautious in his next union, and will probably consider that Miss Steele took a correcter measure of the character arid effects of " respectable society," than his viva cious friends Sir - Henry Hardinge and Sir George Clerk. We had at first intended to say a few words of comment on the speeches of these two support ers of the Bill, but we are restrained by a feeling of kindness in the instance of the former gentleman, whose generous ardour for his friend we respect, and by another feeling not worth naming in the in stance of the latter. If, instead of insinuating a draw of what he foolishly calls conspiracy, Sir G. Clerk had spoken fairly out, we might have taken the trouble to answer him : as it is, he must have the satisfaction of railing without reply.—Titter. By the official accounts of the revenue to the sth inst. incl naive, it appears that the Excise duties have been less productive this last quarter than in the corresponding one of the year 1829 by 208,000/., end the Stamps and Miseellaneous by mpwards of 28,0001., but that the Customs, Post office, and lazes, have experienced an increase of 91,0001., leaving a general deficit upon the quarter of about 245,0001. In looking over the several items of increase and diminution, it is impossible not to be struck ha, the feet that the principal seat of reduced revenues is that which indicates a di mimished consumption of almost 10 per cent. in commodities taxable to the Excise. This, upon the face of it, is a decided proof of an increase of poverty among the people; and if it could not, in some part at least, be accounted for by a severity of season, which during full half the quarter threw various classes of industrious workmen out of bread, it might pass for proof that tire taxes are not skilfully apportioned, an undue pressure being left upon the poor; and the more so, because an improvement (though a small one) has occurred in the receipts as well of the Post-office as the As sessed Taxes, which branches of revenue are mainly supported by the upper and middle orders of society. The fact, however, is, that although much weight ought to be allowed to the suspension of many de scriptions of work during the late inclement winter, and to the consequent abstinence of the unfortunate persona thug thrown out of wages, from most of those comforts, the us e of which had hitherto gone towards swelling the receipts of the Excise-office, we are still apprehensive that the taxes payable by the poor are not judiciously or considerately levied, and that a commutation, to a certain extent, might take place with much advantage to the bulk of the people, and to the public income. A question might be put by some Member of Parliament, which would show at once whether the increase of upwards of 80,000/. in the Customs during the l ast quarter, or about 2i per cent. on the gross amount of the corresponding Ouster of last year, was accompaned by a greater increase of foreign or of British shipping. If the shipowners know, they will not inform us; so that Niniqers ought to be interrogated on the subject, and another rebuke given, as we expect there would be, by their answer, to the senseless complaints of e relative decline in our shipping.—Tinter. The case of Lord Ellenborough formed last night the sulject of a discussion of some length and some warmth. The Bill was, however, passed by a great majority. The whole of the difficulty in this case arises out of tile state of the law. The law says that marriage shall be indissoluble, thereby declaring that adultery, desertion, eud every conceivable injury, shall not be sufficient to destroy the character of hus band and wife. When, therefore, a party comes before Parliament with a verdict in a Court of Common Law against a third party, and a divorce of an Ecclesiastical Court a mensa et thoro, he may still be met by the answer, all this the law has foreseen, and held an insufficient title to dis solve marriage, for if it were slot held to be insufficient, divorce would be allowed to ells When, therefore, a party has established the commission of adultery, as Lord Ellenborough has, a conscienti , ous Member of Parliament may still say, why am I to be made accessory to a piece of injustice, by aid ing in setting aside the Law in favour of an individual who feels himself inconvenienced by it, but who has established so title to relief which it had not de clared to be invalid. How are laws to be respected if the great themselves set the example of violeting them ; and what is a Divorce Bill but an act of gross and arbitrary tyranny? What should we say of a Sovereign who passed a law that all who co:nmitted murder should suffer death, but who himself tool: the liberty of dipping his hands in innocent blood, and allowed his favourites to do so with irepu n i rY And is what respect doe s the conduct of Parliamen t differ from that of such a Sovereign ? What signifies it whether one man or seven hundred men allow a departure from the law ? We say, without hesita tion, that every Legislator who votes for a Bill of Divorce is guilty of a flagitious act, no matter how viten the act may have been before perpetrated ; and that if hie conscience do not reproach him for it, it is only because it is seared, and insensible to right and wrong. There may be cases of hardship not contemplated at the time of passing a law, on the con sideration of which the Legislature, acting under an equitable feeling, may relieve the suffering parties from its operation. But a Bill of Divorce on the ground of adultery is not such a case—for adultery was in the contemplation of the makers of the law. The principle, then, of setting aside the law in the case of divorces, and in all other cases where the rule is equally clear, ought to be reprobated as arbitrary and partial—as tending to destroy in the people all reverence for the law, and to persuade them, that while it is binding only on the poor, it is held in no regard by the rich. The Chancellor of the Exche quer, on Monday night, said, " it was a sacred duty on the Members of that House not to conduct them salves so as to make the people believe they are not indifferent to their religion." Does a vote to set aside the law, from motives of favour, tend to make the people believe they are not indifferent to their religion ? " Thou shalt not have in thy bag divers weights, a great and a small. Thou shalt not have in thine house divers measures, a great and a small. But thou shalt have a perfect and just weight, a perfect and just measure shalt thou have ; and thy days may be lengthened in the land which thy Lord thy God giveth thee. For all that do such things, and all that do unrighteously, are an abomination unto the Lord thy God." By passing such Bills, does not Parliament prove that it has two weights and two measures ? Does it not do that which Scripture declares is an abomination unto the Lord ? Every Act of this kind which the Par liament passes is a declaration that justice has been sacrificed to partiality and favour, or that justice is denied to all who are in a similar situation, but who are held to be bound by the rule.. Because other Parliaments have dealt in double weights and double measures, that is no warrant to a conscientious Member of an existing Parliament; for were such a defence to be allowed, evil would never be in want of a j istification. But were there a law, ad mitting a divorce, a vinculo mat rimonii, there does not seem to have been anything in the conduct of Lord Ellenborough towards his wife, as far as the evidence goes, and a party cannot be expected to pro duce evidence against himself,which ought to preclude him from the benefit of its provisions. Sonic stress has been laid on the circumstance of his Lordship's not having slept with Lady Ellenborough for some time before the discovery was made ; but this took place at the request of the lady herself, and who would wish to draw aside the veil which has been thrown by the parties on this part of the case ? There might have been many reasons for justifying his Lordship in consenting to this measure, which cannot even be publicly alluded to. As to the not always accompanying her Ladyship in public, or allowing her to go out alone, it betrays very low notions of the morality of the sex to dwell on such a circumstance. The lawyers, from always attach ing so much importance to this point, have almost succeeded in persuading many people, that a hus band has no right to complain of his wife, if he allows her to be out of his bight for ten minutes. Even in Turkey, where women are kept under lock and key, there are as many intrigues as elsewhere, if travellers are to be believed ; and indeed, the virtue of the woman who is only virtuous so long as she has no opportunity of being otherwise, is not worth much. This notion of the necessity of having a constant eye on woman, is very degrading to the sex, and is making teen pay a very high price in deed for their matrimonial comforts. With respect to the loose society in which Lord Ellenborough allowed his wife to mix, it seems to be generally admitted by the Members who supported the Bill, that between solitude and such society his Lord. ship had no choice. Dr. Lushington, who must be presumed to be well versed in such matters, says— " Then he directed himself to the evidence to ascer tain if either criminal neglect, connivance, or can• sion, existed on the part of Lord Ellenborough, and here he found nothing by which the slightest impu tation could be cast upon the Noble Lord. For when he considered the habits of high life, and the customs of the world, should he consent to try Lord Ellenborough by a different rule from that which was applied to others ? Certainly not. Were they to call upon his Lordship to say he had been more cautious and more suspicious than the Noble Lord or than the Honourable. Baronet, who had lately, strider similar circumstances, sought relief in that House ?"—ln fact, if the parties to whom Miss Steele objected, how ever notorious they might be, were, notwithstanding, universally received in fashionable society—that is, the society of the great class to which Lord and Lady Ellenborough belonged—it would be hard on his Lordship to impose on him the necessity of playing the Censor, and affecting to be more fasti dious than his neighbours. Mr. Hume, it would seem, almost convulsed the House with laughter for hinting as to the separate beds, that " in this coun try in general females did not withdraw themselves from the beds of their husbands.—(A laugh.)—lt might not be the case in that fashionable society of which so much had been said ; but in general it was the practice of the country for wives not to go away from their husbands. The case might be different among the society of the gentry, but in general it was not the practice. Like Miss Steele, perhaps, he considered many things wrong which in fashion able society were overlooked."—Sir Henry Hard inge also, alluding to this point, observed, that Miss Steele, " who deposed to that part of the case, ad mitted that her principles were considered rather strict, and that her ideas might be thought scru pulous. In considering that portion of the evidence. they ought also to recollect that Miss Steele, although a highly respectable and intelligent woman, did not move in that class of society which enabled her to form a very adequate judgment of the man ners of those persons against whom she warned Lord Ellenberough." All this certainly goes far to justify Lord Ellenborough with respect to the charge of in troducing his wife to improper society. It proves that there are two codes of morality in sexual matters in this country—one for common life, and another for fashionable iife. But then it does seem rather inconsistent, that they who make so light of such matters, should, at the same time, when the ball comes round to themselves, think it necessary to appear before the Legislature to demand the law to be violated in their behalf, to relieve them from an intolerable evil. In Italy and Spain men are more consistent—they give and take. Fashionable society in England would, therefore, appear to lie yet not completely formed.—A great deal of intemperate language was made use of with respect to Mr. flume, which, as be himself observed, might have been well spared.—A curious argument was urged by Dr. Lualiington, that the opposition to the Bill originated in the unpopularity of Lord Ellenborough. On the other hand, Sir Henry Hardinge, related to him by his former marriage, spoke in the warmest tesras of his amiable disposition. It has been often remarked, that men who are satisfied with them selves are generally good tempered ; and his Lord ship is generally thought to be on g ood terms with himself. Perhaps his confidence in Lady Ellen borough might have its origin in the same cause. We do not believe that his Lordship is unpopular; but there is a strong disposition in the world to mo rtify those who appear to be well satisfied with .hemselvesa—allorning Chronicle. SYDENHAM, OR MEMOIRS OF A MAN OF ilir, WonLn.—This work is at present exciting the ut most powiilds attention from its containing numerous satiri cal sketches of distinguished individuals, whose eccentri cities though admirably hit off are perhaps too deeply im bued with the tints of exaggeration. Among other por traits we have, however, no difficulty in recognizing the following :—Beaumont, as BR UMMELL —Mrs. Majendie's set—The late Duchess of PortmANn's Coterie. Claver too Home—Devonshire House. Singleton—SHEßlDAN. Broughton—BKoucllAM. Lessingham—TtEßNEY. Pal mer--WyNDII AIL Deveril—the late SPENCER PER CRVE.L. Lord Wallingford—the late Duke of NORFOLK. Dick L u t w T. Yelle--S Liox a. Lord Torkingten—Earl F1TZW11.1,1,0.1. LONDON, WEDNESDAY EVENING, APRIL 7, 1830. His MAJESTY holds a Council at Windsor Castle this day. The Duke of WELLINGTON, the LORD CHANCELLOR, Earl ABERDEEN, and most of the other Ministers, left town this morning about eleven o'clock, for the purpose of attending the Council. The Recorder of London will make his report of the convicts under sentence of death in Newgate. Lord ELLENBOROUGH'S Divorce Bill was read a third time last night in the House of Commons, and passed by a majority of 70. There was an animated debate on the occasion, in which iVir. HUME and Sir H. HARDINGE particularly distinguished themselves. Mr. Hum opposed the Bill, chiefly on the plea that Lord ELLENBOROUGII had not been suf ficiently zealous in superintending and directing the actions of his wife. The Hon. Member considered that his Lordship had evinced sim gular negligence on the occasion. Sir H. HARDINGE defended him warmly and at con siderable length. Dr. LUSIIINGTON put forth some pertinent remarks on the subject of the Law of Divorce as at present established, which seemed to make an impression on the House.— We hope that the attention of Parliament will he directed to this important subject before the close of the Session. The CHANCELLOR Of the EXCHEQUER gave notice last night, that to-morrow he would move that the House, at its rising, do adjourn till Monday, the 26th inst.: The French Papers of Monday, with the Gazette de France, dated Tuesday, have been received. The Messager des Chambres copies from the Courrier Francais the statement that M. de VILLELE is to leave Paris on Monday next, the 12th of April, but that he is not going to Toulouse immediately, and that he will return to Paris again The Messager des Chambres indulges in some specu lations with regard to the results of the approaching African campaign, and assumes, as a point unquestionable, that the French Government, once master of Algiers, will never relinquish its grasp of that possession. " Little doubt can be entertained," says the Journalist, " that France has an understanding on this subject with Great Britain, which, by means of the lonian Islands, Gibraltar, and Malta, is as much a power of the Mediterranean as France herself. With reference to the form of Government to be established on this part of the African coast, we are pro. vided with some information, which may be deemed cu rious and not altogether improbable. The Duke of Char tres is to embark with the fleet, and afterwards to reign over the new conquest, holding thus on the African coast a sovereignty for the benefit of France, which may lie con sidered as a counterpoise to that held by Leopold in Greece, fur the benefit of Great Britain. Certainly, if two regu lar Governments should be established in Greece and on the Barbary coast, piracy will for ever be annihilated, and the Mediterranean will become. an emporium of com merce, especially since Egypt by its new institutions, and by its intercourse with European Governments, bids fair to make progressive steps in the arts of civilization. It is generally reported at Toulon, that the Duke de Chartres will accompany the Dauphin, and will afterwards embark on board the Provence, and go with the expedi tion. The four steam-boats building in the private yards of Toulon have been engaged by Government to form part of the expedition, and will be occupied with those belong ing to the State in conveying despatches to and from the coast of Africa, as long as the army remains there. The Augsburg Gazette of the Ist instant contains the following advices " LEGIIOR.N, Maacat 24.—8 y a letter just received from MAlta, we learn that Admiral Ricord has been ap pointed to succeed Count Heyde'', in his command of the Russian fleet stationed in the Levant. tERYIAN FRONTIERS, Mencit 20.—Prince Miloseh has set out for the frontiers to meet a Turkish agent, with whom he is instructed to negotiate the incorporation of the seven districts with the Ottoman empire, conformably to the treaty of Adrianople. " We are informed by letters from Egina, dated the 30th of January, that a Russian squadron, consisting of seve of Malta, and that Vice-Ad m i ra l s Azarof, ral ships of the line , bad received orders to return to Cron stadt by way Ricord, and Budakef, were on board of that squadron. Admiral de Rigny had arrived at Egina on the 22d of Ja nuary, per Cents., 106 f. 25a. !wary, and was still there on the 30th of that month." , 54f. 15c.:10e. sc. 10c. sc. • Bank Cents., Rentes de Naples, 93f. 254. 93f. 10c. sc. 93f.i15e. ; Royal Spanish Loan, 90!,,iti )0 90 1 ,i 90'.4 ; Rentes Perpetuelle d'EsPaFne , 76j % ; X 3 / ,', % ; li a ytian Loan, 555' 560 f. 555 f on London—One month, 2S°ctole:Rk:°°,l7,93Hl%Ff..';l:',ll)9.lsl'`2.r—te-.ePs.PocAeß.rils,9lo'. ; paper, 25f. 65c. ; three months, paper, 25f. 50e. The ng are extracts f rom D u t c h a nd Germanh e fo llPapersoi :_. BE RLIN, I , tmtcm 26. We have received very unfavourable accounts from Dantzle and Breslau of the state of the rivers. The Oder, especially, had risen to an extraordinary height in Silesia, and overflowed several villages. wAnsAw, meacif 24. The inhabitants of the banks of the Vistula are in great distress. Yesterday the river rose so suddenly that all the adjacent streets, both in the city and suburbs of Praga, were overflowed. The river still continuos to rise, and has to-day reached the height of 15 feet 7 inches. The river Pilica, too, has risen to such a height as to cut off all communication with the country through which it passes. According to an official census, the population of our kingdom at the end of the year 1828, inclusive of the military, amounted to 4,088,282 souls. In 1823, it amounted (also without the military) to 3,704,306 souls• The Jewish population amounted in 1828, to 384,263 souls. VIENNA, MARCY 26.—I1letalliqu,s, 1031 ; Four per Cent. ditto, 9Si ; Bank Shares, 1358—i❑ the evening, 1360. EXCHANGE ON LONDON.-12 32/. to 12 30. Two Months 12 25 to 12 22i. The Gazette of .Agram says—" A Commission is now sitting in Servia, of which Prince Milosch Obrenovich is President, and is under the direction of the well-kuowu Servian author, Wuk Stephanovich Karagy, which is employed in drawing up a Constitution for Servia. This Commission has taken as guides the Austrian Civil Code, and the French Charter ; but it is said that the Austrian Civil Code has been considered as the best suited to the purpose, and that almost the whole of it has been already adopted." CARLSRUIIX, MARCH 29. On the 26th ult. his Royal Highness the Grand Duke was suddenly seized with a vertigo, accompanied by ♦omit. ing. According to the three bulletins of the following days, his Royal Highness, after a pretty good night, was much better on the 27th ; but the following night was restless, and followed by a state of debility, which in creased the next day and last night, so that his Royal Highness is no better. FRANKFORT, MARCH 30. In the Seventh Sitting of the German Diet, the Pre sident informed the Assembly that M. de Zeechan, Mini ster of the kingdom of Saxony, had delivered to him a sealed paper containing the sentence passed by the Royal Court of Appeal at Dresden (appointed arbitrator, by a resolution of the Diet, 22d June, 1826,) in the affairs of the Grand Duchy of Hesse, as well for that country as for the Crown of Prussia, against the Electorate of Hesse and the Duchy of Nassau, conjointly with the Crown of Wur temburg, concerning the debts of the ancient electorate of Mayence secured in the toll of Vitzbach, and the rent or revenue of Sohneck. This sentence is to the effect, that the possessors of portions of the formerly Electorate of Mayence, as well on the left as on the right bank of the Rhine, are bound to take upon them the debts of the said Electorate, secured as aforesaid, including a claim of 232,000 florins, from the Sombard (public office for lend ing money on pledges) of Mayence, secured on the toll of Vitzbach. Each party to bear its own costs. The statement of the affair and the sentence of the court having been read, the Diet resolved, that the sentence having been communicated to the parties concerned, the original document shall he deposited in the archives. The Journal of Genera contains an article written by the well-known Dr. Gosse, who has been so long in Greece, in which he endeavours to show that the new Greek State, confined to the limits assigned it by the final decision of the Allied Powers, will be destitute of every thing necessary to ensure its independence; the frontier now fixed is weak, and almost defenceless on the land side, and, without Candia, quite insecure against attacks by sea; that the territory is unequal to the maintenance of the army, especially cavalry ; the revenue wholly in sufficient, and the population too scanty: he estimates it, however, including the islands, at 1,543,000 Ben's.— Hence, lie infers, the proper frontiers are those of an cient Greece, viz., on the Continent, the course of the river Voitizza (Avus) to the north of the Acroce ranian mountains, :rotn its mouth in the Adriatic to its source; the mountain chain of Menzora and Olympus to the Gulf of Salonichi, between Pla ' tamona (Palattnina) and Rhateri (Patmosi) and Patmos, Nikaria, Candia, Scarparittio, and Cassias, must belong to Greece, from which it would be unjust to exclude Samos, the inhabitants of which dis played so much energy during the revolution. The Eng lish Government, if it knows its own real interest, and wishes to make itself popular i❑ Europe, will hasten to give up to Greece islands that belong to it by their lan guage, manners, and religion, and which, so the English themselves say, are a burden to the public treasury, and of no advantage except to some favoured sinecurists. Thus Dr. G. thinks Greece would possess the elements of in dependence. Epirus and Thessaly have fertile plains, fine forests, an industrious population of 500,000 souls, with the advantage that the Turks are to the Christians at the most only as one to fire. Candia, with a popula tion of 90,000 Christians, and which is capable of sup porting 1,500,000 inhabitants, is the key of Greece on the sea side, and indispensibly necessary to its safety. As for the lonian islands, a look at the map allows they ought to belong to the continent. The accounts respecting the health of Sir ROBERT PEEL (received this morning) are favourable. It would be doing Mr. PEEL injustice not to acknowledge the great good he has already con ferred, and still continues to confer, upon society, by his ameliorations of our Criminal Code. That Code, or rather confused heap of laws, is the legacy bequeathed to us by our barbarous forefathers, whose savage severity has been even added to within our own generation. Laws have been made from time to time upon the spur of the moment, on the occasion of the commis sion of a particular offence, visiting that offence with a punishment wholly disproportionate to it, and therefore unjust ; no general principles of jurisprudence have been considered ; no uniform system of legislation observed ; and the result has been the existence of penal laws in our Sta tute-book, which may almost be called monuments of crime themselves. Sir SAMUEL ItomiLLY first exerted himself to bring about a reforma tion, and his efforts have been happily followed up by Mr. PEEL, who, uniting both the will and the power, has already established for him self a reputation which posterity will honour. To remove the punishment of death from such forgeries as those of receipts for money or goods, of stamps, of orders to defraud, of the paper on which Bank-notes are stamped, and of deeds and bonds, is a great point gained. Can it be affirmed th a t no other means exist of preventing these offences than capital punishment ? Is a man's life of no more value to society than a three penny receipt stamp, or a water-mark in paper ? Surely it was time that this Draconian code should be brought to an end, and that our law should be put on a footing more consistent with justice and the practice of all civilized nations But much remains to be done ; nor can the upholding capital punishment for the forgery of transferable and negotiable securities of the Seal, or of wills, be de- Great or Privy fended upon any sound principle. The same reasons which have induced Mr. PEEL to reco mmend the abolition of death for one class of forgeries, demand it with preCisely the same force for another class. There is no difference i n guilt, that we can perceive, between the forgery of a Bank-note in a perfect, and in an imperfect s tate—between the counterfeit of a deed, and of a will. The distinction made between the two latter is indeed quite ridiculous ; and Mr. PEEL'S assertion that a will of personal property requires no witnesses is not to the purpose, because every one knows that when such a will is not attested by two witnesses on the face of it, it cannot ob tain probate without the oath of two persons to its genuineness. But the truth is, that capital punishment for offences against property is not, in principle, justifiable ; and until the Legisla ture agrees upon and lays down some principle or rule of jurisprudence, before it begins to act, our law must remain anomalous and inconsistent. It is, to say the least, extremely questionable whether society possesses the right to put its members to death in any case whatever. It is, at all events, clear that such a step can only be justified by the necessity which society is under to preserve itself from destruction. Self-pre servation, and no other cause, warrants the put- ting to death of prisoners of war, which is other wise a barbarity abominated by civilized nations. If the Legislature can satisfy itself that it pos sesses no other means of preventing the viola tion of public justice, than by sacrificing the violator, it may be warranted in so doing ; but the burden of proof is upon those who maintain the necessity of the sacrifice, and tremendous indeed is their responsi bility. Ignorance and cruelty are too generally united to allow of any confident hope of the total abolition of capital punishments in this country at an early period ; but, for the eventual accomplishment of this object, we must look to the progress of education, with the reliance that it will gradually give to society a higher and better tone—a more philosophical spirit—and a stronger attachment to just principles than are at present to be observed in it. We are con stantly boasting of our advances in civilization, whilst we regard with indifference, and even with approbation, the continuance of the most barbarous and savage practices amongst us. We direct our readers' attention to an able letter, published in another column, and addressed to the Editor of a Morning Paper, on the subject of what the writer calla " The St. James's Park Job." In this letter a complete expose is made of the " job" in question, of its origin, progress, of every thing, in fact, immediately or remotely connected with it We are not without hopes, however, that Parlia ment, by a timely concession to the wants and wishes of the people, will render any more such strictures superfluous. Mr. HonuousE has an nounced his intention of shortly bringing the ques tion before the House, and Government, anxious as it certainly has shown itself, to listen respectfully to the public voice, will no doubt cheerfully throw open the thoroughfare from Waterloo-place into the Park. SHIPPING 'NI ELLIGENCE --(THIS DAY.) FROM LLOYD'S. DEAL, Amu. 6.—Wind S.W.—Arrived from London, the Rockers, Dunlop, for Sierra Leone; and John, Munroe, for Berbice. PORTSMOUTH, APRIL 6.—Wind N. to W.—Off Port, the Craigevar, Ray, from the Mauritius. PLYMOUTH, Amu. s.—Wind N.E.—Arrived the William and Mary, Mills, from Figueira. Sailed the Sir Charles Forbes, for New South Wales. FALYOUTH, APRIL s.—Wind E. strong breeze.—Ar rived the William Maitland, Jamieson, from the Mauri tius. His Majesty's ship Primrose was spoken with off Ascension o• the 4th of February ; and his Majesty's ship Sparrowhawk on the 16th, in lat. 7. N. long. 27. 30. W., by the William Maitland. The Arkwight, Brown, from Aberdeen to Savannah, Iva' driven on shore in Widewell Bay, during a heavy gale, the 29th ult., but expected to be got off. Extract of a letter from Smyrna, dated Feb. 24 :—A passenger who left Malta on board the Camilla, has ar rived here in a French vessel, and states that the Camilla left Navarin at the same time, and that he saw her going into Scipho during a gale—thus she was safe ten days ago ; she has put to sea six times from Naval is, and been driven back by bad weather, but it appears had not suffered damage. Vessels spoken with.—The Diana, from Amsterdam to Berbice the 25th of February, in tat. 19, long. 37. ; Vir ginia, from Baltimore to Bremen the Ist inst., in lat. 48, long. 10, by the William Maitland, arrived at Falmouth. TIIE FUNDS.-(THIS DAY.) CITY, TWELTB 0' CL 0 GK. Livearoot, APRIL s.—There has been a limited de mand for British Plantation Sugar, the sales of the week amounting to only 350 lihds. at about former prices; no thing has been done in other descriptions, except the dis posal of 270 bags good white Bengal ; there has been a better demand for Coffee. The demand for Cotton in the early part of the week has been rather limited, but subse quently an extensive business has been transacted, the sales amounting to upwards of 16,900 bags. Tobacco remains dull, prices barely supported. There is an evident im provement in the Pine Timber Market the last week or two; the demand for the country appears to be increasing, and the holders are more confident ; the sales of Indigo this week have been confined to some few chests and small parcels. The Grain Market during the week has been rather uninteresting. FP-ICES OF STOCKS THIS FS ca:. :itk, , CK 216% 15,ii :3 per Ceßt. Red. 91% 2 1 pet Cent_ Cons. 92 31%34 per Cent. .-- I)ittr, ^e•' 99%u 4 per Cent. Ann. Ditto, IR2t , IO4N. ai:nk L Ann. W 1-16 19 Ditto 30 3 ears lB %. 15-16 Dt l• to 50 years India Stock .:tt, Bonds — pm. Palefig OF FOUFIGN FUNDS Austrian Bonds Brazilian Bonds OS - Buenos Ayres Bonds Chilian Bonds Colombian Bonds 211i% Dltto, 18,3! Danish Greek Bonds Ditto, 1525 - 42M, Guatimala Mexican Bonds Ditf o, 13:25 PRICES OF SHARES Brazilian Imp. Mm. Ca (iss. at 5/. Ditto National United General Gas Co. PRICES OF IRISH STOC: Bank Stock 0936 Consols, 3 per cent. Goy. Stock, 334 per cent 99%1 Ditto, New - 4 per Cent lOO% Goy. Deb. :3 1 4 per cent 921 Royal Canal Stoch. -I Grand Canal Stock 25% City Deb. 4 per cent - Ballast Office Deb. 4p. c -, COURSE OF EXCH. Amsterdam C.F. 12 Si Ditto, at sight.... 12 Rotterdam 9 U 12 SI Antwerp 12 Si Hamburg M.B. 14 3 Altona l4 3e Paris, 3 days' sight 25 80 Ditto 2 U. 26 5 Bori!eaux .0 10 Berint Frank fort on Maine, Ex. M.156A Petersburg!), ruble, 3 Us. 10 0 Vienna, effectirti 0. 2 M. 10 21 Triest,!. de 10 21 Madrid 153 i Cadiz 36 ililbo. Barcelona 3.534 Sevilla 2.539 Gibraltar 47 : MA: Arrived, Due. 0 America 0 O Brazil O Buenos Ayres. 0 O Carthage:. 0 1 Dublin 0 O Flanders 0 O France 0 O Guernsey&Jersey 0 AS.• - *A . _ DAY AT ONE O'CLOCK. South Sea Stock Old Annuities New Ditto Ex. Bills. £l,OOO 2d. 78 80 pm. Ditto lid. 79 80 pm. Ditto ...... ......50 0 2d. 79 80 pm. Ditto 8800 lm. pm. Ditty Small Ditto lid. 79 80 pm. Bank for Account India for Account '245 [Cons. for April 16 0. 2 % THIS DAY AT ONE O'CLOCK. !Neapolitan !Peruvian. Bonds Portuguese Bonds Prusstan, Old Ditto, New flussian Spanish, 1521 l5 1822 French Rentes, sp. c. 1061 —r. Exchange 2sf. 70 —3 per cent. —C —c. Exchange —l. DAY AY ONE O'CLOCK. Paid. Per Share. pm.) £2O - 10 134 zri 41 31 .KS, DUBLIN, APRIL 3, 3t. Patrick Insur. (per sh.) Royal Irish Ditto National Ditto _ Patriotic Ditto _ 'Hibernian Bank 23 4; Provincial Ditto 274.i I Royal Irish Mine _ Imperial Mine _ I Mining Co, of Ireland .Commercial Buildings _ NciE YESTERDAY. Leghorn 47% Genoa 'iG 0 Venice 47% Malta 48% Naples 89% Palermo per oz. 118 Lisbon Oporto 4 3 3,4 Rio .laneiro ILthia 25 Luenos Ayres — Dublin, 21 days' sight l% Cork li:.2 BULLION, PER OZ. S. d. Portugal Gold, coin 0 0 0 Foreign Gold, in bars 3 17 9 New Doubloons '3 11, New Dollars Silver, bars, standard 0 4 11 Arrived. Due. O Hamburg O Holland O Jamaica O Leeward Islands O Lisbon 0 O Mexico O Sweden 1 Waterford TIM FUNDS. The Funds as yet are very dormant, scarce a bargain has been done, and our arrivals are very scanty, conse quently we are deprived of information. The Express from Paris is also void of interest, which curbs the specu lators from entering into any transactions of magnitude for the present. Consols opened at the same price they left off yesterday, 92i a for the Account, and the same for money; 92i 93 for next Account. The passing of Lord Ellenborough's Divorce Bill, in the House of Commons last night, has caused some excitement in the City. The Foreign market at present appears as dull as that of the British market : prices are nominal. SINGLISIi FUND& Bank Stock, 215ii16i 31- per Cent. 99i I ex. div. India Stock, New 4 per Cent., 1011 2 3 per Cent. Cons. 92/ a 4 per Ct. 1826, 104i!ex.d. Do. for Account, 92i India Bonds, 82 83 Ditto Reduced, 911 2 Exchequer Bills. 79 SO TWO O'CLOCK. The Consol Market has continued the whole of the morning without the least animation, and it is feared that it will be in the same dull state to-morrow, owing to its being a grand holiday with the Hebrews (Passover), when the most part of them will repair to the Synagogue. Consols may be quoted at the opening price 92 for the Account, and 94 93 for the next time. We have no political news of the least importance. The Foreign Market is in the same state of stagnation as the British—not a feature worth observation_prices much the same as yesterday. 7 lIREE 0' CLOCK Consols 92Z. FOUR O'CLOCK.—CLOSING PRICES. Consols 92',1 3 Danish '75 Do. for Ac 921 3 Greek, 1825 424 Brazilian Bonds 704 Mexican, 1825 Buenos Ayres Peruvian 21 Chilian Do. Russian 1104 Columbian, 1824, 21i Spanish 15 MR. CALLAGHAN, M.P.—lt is said that Mr. HARRISON and Mr. POLLOCK have been already re_ twined for Mr. NinvxwitAm, on the petition against th e return of Mr. CALLAO HA N....-hUb/in Morning Register. Yesterday a Ballot was taken at the East India House for the Election of a Director in the room of JOHN Bxae, Esq. who had disqualified. At six o'clock the glasses were closed, and delivered to the scrutineers, who reported the Election to have fallen on JOHN FOR HES, Esq. The numbers were— For John Forbes, Esq. M.P. I@o4 Charles Mackinnon, Esq. M.P. 551 THE BANK.—Yesterday JOHN HORsLEY PALMER, Esq. was elected Governor, and A. H. Tuomr sox, Esq , Deputy Governor of the Bank of England, for the ensuing year. The Director' will be elected' this day. THE INTAIIKETS.-(THIS DAY). CORN EXCHANGE.. The return of all descriptions of Corn are excessively short. This circumstance kas had the effect of prevent ing the Wheat market going any lower, and prises re main as reported on Monday, with little demand. Bar ley, Beans, Pease, and Oats, remain firm, with little doing in either of these articles. Flour unaltered.—There will be no market held here on Good Friday. ARRIVALS. Wheat. Barley. I Oat,. English I,aoo 1, qre. 1.410 qrs. 1,250 q211.' Irish Foreign Flour. I.oomacka. - brls. HAY MA RKETS.—( A t per Load of 36 Trusiee.) SMITHFIELD. . Coarse heavy Lowland Meadow Hay .£2 5 to £2 15 New Meadow Hay 0 U 0 0 Useful Old Ditto 3 8 3 15 Fine Upland Meadow and Rye-grass Hay 3 15 4 15 Clover Hay (extra fine)....£s 10... Generally Oat Straw £2 4to X 2 8 f Wheat Straw 2 8 2 10 A moderate supply, and a dull trade; prices as last quoted. COURT CIRCULAR. Preparations are making; at his Majesty's Palace, St. James's, for his reception in London, to hold a Levee and a birth-day Court. His MAJESTY has recovered from the • slight cold with which he has been affected. The Ktota will hold a Court this day at Windsor. The Duchess of KENT and the Princess VICTORIA, with their usual attendants, left their residence at the King's "` Palace, at Kensington, yesterday, for Buxted-park, on a visit to the Earl of Livxaroor. and the Ladies JENTINSON. ".• The Duke of WILLI.II4OTON and a select party went to ♦iew the King's new Palace, in St. James's-park, on Sun day afternoon. _ _ The French and Austrian Ambassadors had interviews with the Earl of ABERDEEN yesterday at the Foreign office. The Marquis Of Satissusv, the CHANCELLOR of the EXCHEQUER, and Lord LEYaSON GOWER, had interviews yesterday with the Duke of WELLINGTON at the Treasury. The account of the state of Sir ROBERT PEEL'S health, received yesterday, was favourable. Sir ROBERT was conidereil to be a little better. The Duke of WELLINGTON' entertained a numerous party of the Nobility and Gentry to dinner on Monday, st Apsley-hones. MR. WOLFF AND THE JEWS. Those who are best acquainted with the virtues of the Rev. Mr. Wolff are the most competent to judge of how far the public should place faith in the following pro phecy, which has been written by that learned Divine, at Limasol, in the island of Cyprus, on the 21st December hut, and particularly addressed to the house of Black and Co. at Constantinople. After going thrUugh a long preamble, expressive of brotherly affection, and congratu latory salutation on the approximate advances of ' the full nese of time, the Rev. Gentleman lifts up his warning and prophetic voice, at; thus : " At the same time I have to announce to you that, as the Lord Jesus Christ will again appear on earth in the year 1847, to gather together the Jewish nation from all quarters of the world to bring them back to their land, great judgments proclaim already the mighty coming of the Lord in glory and in Majesty. " 1. A revolution will break out very soon in the city of Constantinople, and fire, death, and destruction, shall be its fearful companions; so that England will be obliged to keep her fleet in the neighbourhood. " 2. Wellington the proud will be terribly punished, for having admitted into power the Beast—l mean the Church of Rome. " There shall be heard soon, very soon, of famine, tempests, destruction of ships, eartkquakee, and pesti lence', in divers places. " 4. The Jews shall rise in divers places, and proclaim sabratioa by a arucified Saviour. Blessed are those who hear now the name of Joseph Wolff, and turn to the Lord Jesus Christ, the King of Kings and Lord of Lords, with all their heart and mind, and submit themselves to the crucified Saviour, in order that they may be saved. " 5. Sultan ➢iahmoud, thou art a great man, but the war of Russia has prepared thy death ; another shall usurp thy place. " 6. There will be great disturbances in Grceee and in Indeed. " Dear friends, dear friends, I wish to save you from destruction ; especially you, good inhabitants of Constan tinople, and therefore I write unto you this exhortation and prophecy. Believe in Jesus Christ, and you will be saved. " JOSEPH WOLFF, Apostle to tke Jews." PARLIAMENTARY PAPER. ROADS AND BRIDGES (IRELAND). THE FIFTH REPORT OF THE COMMISSIONERS AP. POINTED UNDER THE ACT 6 GEO. c. 101, TO PRO. VIDE FOR THE REPAIRING, MAINTAINING, AND KEEPING IN REPAIR, CERTAIN ROADS AND BRIDGES IN IRELAND. In submitting to Parliament our Fifth Report of the Public Roads under our charge, we have little more to observe than that they continue to be upheld in good con dition, particularly those which, from being connected together, are under the controul of intelligent superin tendents. The expenditure for the year, it will be seen, has ex ceeded that of the preceding one, which is fully to be ac counted for by the wetness of the season and the increase of traffic through the country ; as also in consequence of two additional Lines of Road having been placed under our charge, commencing at Newmarket, in the county of Cork, and ending at Listowel, in the county of Kerry, consisting of nine miles in the former, and nineteen miles ' in the latter county, finished under the direction of Mr. Griffith, civil engineer, and which, with the exception of a short distance through the Bogra Mountains, complete the Public Roads in the South of Ireland intrusted to the execution of that officer. We annex a schedule of the Roads under our charge, and an Account of our Receipts and Expenditure made up to 25th December, 1829, agreeably to the provisions of the Aet of 6 Geo. IV. c. 101. JAMES SAURIN. J. ARMIT. HENRY R. PAINE. JOHN RADCLIFF. ABSTRACT. Showing the extent of Roads in each County under the management of the Directors-General of Inland Navi gation, as Commissioners under the Act 6 Geo. IV. c. 101. M. F. P. County of Clare 97 4 0 Galway 41 3 27 .• Roscommon 13 0 0 Mayo 22 0 10 Leitrim Limerick 3O 7 0 Kerry 53 0 38 • Cork 74 6 20 Navigation Office, Mi1e5...336 2 20 March 17, 1830. W. SEARIGHT, Secretary. STATE OF TRADE.—The decided improve ment we have lately noticed in the state of trade continues not only unchecked, but even becomes more fixed; and it is cotamon both in the fureign and home trades. A very large number of country drape's have lately been in the market, who have bought freely, and we arc informed ap peared generally is good spirits as to their prospects in business. During the present week a number of the prin cipal London houses have also been in town, and have purchased largely. In yarns there is a little improvement in demand, chiefly for Russia ; the stocks which have been detained all winter at Hull, and which have just got into Hamburg, have hitherto prevented much being done for the German market. Prices, however, are very firm.—Man ,., cheater Mercury. BIRTHS. On the 3d inst, at the Hermitage, St. John, Fulham, Viscountess Gleatworth, of a daughter. On the sth inst. at Craythorne House, Tcnterclen, tLe lady of F. Adams, Etq., of a daughter. MARRIED. On the 6th inst. at All Soule, Longhorn-place, Mr. Lansley, of Langhorn-place, to Miss Counsel'. On the 2d inst. at Dublin, Sir R. G. Booth, Bart., of. Lissadell, county of Sligo, t o C aro li ne S u san, " e°11 " daughter of Mr. Serieant Goold, At Stow on the \Vold, Gloucest,rshire, Mr. D. Tren. , field, of Winclicomb, to Elizabeth, only daughter of Rubt. Brookes, Esq., of the former place. 2 L DIEb On the 3d inst. at Park-place, Blackheath, Miss Dickinson, daughter of the late 11. Dickinson, Esq. of the Tower. On the 2d ult. at Albany, State of New Yurk, the Rev. J. Sellon, son of Mr. Serjeant Sellon. On the 31st ult. at Greenwich Hospital, Lieut. Robert Aitchison, in his 80th year. On the 7th inst. at Weymouth, C. Andrews, Esq., law Master of the Ceremonies. PAINTIED AND PUBLISHED EY MURDO YOUNG, AT Tint SUN OFFICE, 112, STRAND, LONDON. .' TO TH LA TH of your ful than' my zeah worthy and favo 62, TO THI LA: SIN. the Gm ing an a affAhl, a appeal fc Altlin volved ii trade the three sential quitted Perm to the ti mined t tion of friends, to prose neral El 19, I TO TH . H I int Candida I soli, 27 year gaged i curred, laical vi acquirin your ads The witting my sere India, a your cor Shout which I tuated n dent die 25, t TO TH TH anticipa 'Dent, c ballot, nesday, mornin quest ti Shou mediate dual P GENE] not be i to any i vivhich 1 I be; as I shi receptic I will, Intuit of duties c BM( Mr. don Tao TOTE LA I A( -II- m 10, y Head, I fully re( Hot No. 57, H' t ronag t period , - - the in, Depart, jug tho bracing taliterr Wished No. 6 coat prftent i m posi l i lituatic and col As "Perb 4 eence NO. T' relieve SOOT torture with 1' rioUd I