The Sun. — London, England, 1830-12-01 00:00:00

namely, that every man resolved upon such a course, Should give security that no other man should suffer by it' This was one of the occurrences to which he,ha i d, alluded, when he tat their Lor'lshipa that there were evils under the exiatiug system far worse than any which had been foreboded from cheap law. The beueficial results of the power with which he thief proposed to invest Judges, would be most felt, as their Lordships, he 'was sure, would see, in oases where there was not a single fact in doubt. These it was manifestly absurd to semi to i jury; and 401 , it was, in all respects, most desirable t ' such eases should be decided by the Judge. To 6 rid g es, there fore, be proposed to give this pnwer,— lloWine, how ever, at the same time, either of the parties to put such it case upon record. He would state one case to their Lord ships which would illustrate this part of the subject. Ti Noble and Learned Lord then proceeded to state the facts 6 the case " Garland v. Jekyll," in which the Only question to be tried was whether 'Mr. Jekyll should ply 20 her or one. There could be no doubt on the faeti of the case, for none were disputed. The case, hoWiver, went to trial, and witnesses from a considerable distance were pro. duced upon it, at a great .expense to the 'parties. The cause remained undecided from the time in 'which he was counsel in the Court of Common Plots, alMost up to the period in which he ceased to set in it as LOrd Chief Lice. If the Bill which he now proposed to their Lordships had been in force at that time, what would' hive been the consequence? That the whole matter to be tried would have been formed into a case, or that a special verdict, would have been framed for the ()pink n'of the Court, end thus the cause wouidhave been over in less months than it was years, end at an expense proportionably less to OW parties. The Nal& Lord then proceeded to observe, that hitherto the advent: re' derivable from his'Bill were all on the side of the r ip' wept . that in diminishing his vests, it would diminish the costs of the defendant. Bu ad taken away the usual means by wide: rated in the prosecution of suite, and us be - in many cases, 'where a debt was due, and whe, • possession of premise' was de manded, it might he ettendel with ruinous consequence* to the defendant to be compelled either to pay the debt immediately, or to surrender poesession of the premises claimed, he had added a clause to his Bill to this effect—. that if the party came in, either'on receiving notieeof action or on receiving the bill of particulars of the "Minaret demand, and said, "I admit the debt ► but I can not, pay it iiiimediately," or "I admit your claim to the premises, but it will ruin me to quit them instantly," the Judge should be enabled..—liable 'always to the revision. at she Court—to give him a space of time, not exceeding three months, to pay the debt, or to surrender the lands in, security being given in both cases for the payMent of the' debt, and for the surrender of the premises within time elliotted time. Hie reason for inserting such'a clause into hie Bill was simply this---suppose e man to be carrying on a business beneficial to himself and family on lands not Ixgally belonging to him—if he were called upon to give tees the lands inimedbately, he must give up the trod& with it, awl might in consequence he instantly ruined. So, too, if a man were called on to pay a debt instantly, which lie honestly admitted to be due, the results might be moat, rjudicial to him, if compulsory measures, wore to follow atiltastly after his adnaletion of it. The knowledge of the. frequent occurrence of circumstances like these, pitipplied an excuse for the employment of sham pleas. lie therefore proposed to give the Judge the power of &sing directly for the parties without expeose, that which any . ono could not des indirectly but at au immense ultimate expense, both to the plaintiff and to the de(enilant. lle had only one other clause to trouble their Locelzhipe with, and then e_ they would have heard all that his Dill iPt ens_ dto taceompliala Time Isw of England is different from the law at all civilized nations in one point, and he could not help thinking that the mere occurrence of, that fact wee strong prima lode evidence that they were right, and that we were wrong, especially as that point did not turn , on Any peculiarity in our institutions, or in the constitution Of society among us. In caves where such peculiarities existed, be admitted that the rule of one country was.not a fit rule for soother ; but in general, net .otherwise, by the law of England, if an action he brought ky one man spinet another for the recovery of lands of whiah the party in poseession bona fide believes himself to he the right owner, and upon which, in pursuance of that be, lief, he has erected buildings and made perinanent inti provemente, the plaintiff, on regaining possession of his lands by judgment of law, takes possession not only of them, but also of any buildings or persnanent , improve• ments e.metrueted thereon. lii. Noble and. Learned Friend on the Woolsack, in consequence of earner discus oession which ball tea:emit , taken place before guar Lord-, ships in their judicial eapacity, was aware that this was not the law of Scotland. It wile not the Roman Isw—it MO not the law of France—nor of Hohlatidee.nor of Spain. It was not, lie believed, the law of any ationtry in time world, except England. In all countries, where property was in the bends of a party who honestly betierieiL himself the owner of it, he was not compelled to give it up to the legal owner, until 1w had been paid for the improvements which he had made upon. it, or until 1w had taken theta away, leaving the lands io.e good a bitato to they were before the improvements were made. This was founded on the first low of morals, as laid down by the brat ileatben and Chrienau :moralists. lie sub mitted that our law ought to be altered, and that it should be enacted, that where property was revoverui from a party who thought hinted( the bona fide oivnar, alad• who had expended money in the improvement of it, the Judge should be empowered to suspend the execution of the judga atent until lie had taken away the improvements, mid left the land in as good rendition as before, or anti) the party who, having become, io• the language of 'the civil law, locupictior, should, pay to bias leech sum as an arbitrates indifferently appointed should think fit. lie wee afraid shot he should not be so fortunate a* tag satisfy their Lord. ship that all time change* which he proposed to make were correct; still if ha could improve in any nowt the Jew of his country, to which Lie life had been devoted, he should consider himself to have done ADM service. ile should now proposes that his Bill he read a first time, and printed. Ile might, perhaps, propose to read it a second time before the siljournmeut, and to have it committed after the recess. In that interval he might have the ate siatance of some of the Learned Judges, who were now engaged on more important matters, but who bad promised to communicate with him on the subject. Lord TENTERDEN said, that it was not his intention to advert on the present occasion to time different topics to which his Noble and Learned Friend bad alluded in his able and excellent speed', much lee to meet them with any opposition. He should give his hest attention to tiiia Bill, or to such parts of it AS is his judgment he should consider to be improvements its the etieting law. fie only rose on the present omission to prevent it from' being supposed that lie assented to the Bill by letting it pasts by in silence. There were some points in the Bill with which at present he could not agree : but he would take time to consider it more maturely before he gave a de cisive opinion upon it. The LORD CHANCELLOR. concurred with what had fallen front the Lord Chief Justice on this very iin portent proposition of his Noble and Learned Friend. Un doubtedly his Noble and Learned Friend had gone over a large space; and time changes which the Bill would make in the law were neither slight nor unimportant. lie there fore agreed with the Lord Chief Justice in thinking that their Lordships should have full time for consideriug the Bill now proposed to them. The last point to which his Noble end Learned Frioni tad alluded in Ida speech was &lie most difficult of ellea.lis toeing the plan for enabling parties to recover the value of the improvements which they had made on lands, in eases where they had believed themselves bona fide to bet, the rightful possessors, The difficulty in all such cosies. was as to the bona fide possee m , s i on aw l the civil law did not merely give to tlitebono fide possessor the value of his improvernente—it ga v e bi n s the f r eetie proatii. his Noble and Learned Frierel might perhaps intend tar interfere with else auction fo r the reoevery of inesne profile. Lord W YNFORD said that he bad no intention 4 the sort. The LORD CHANCELLOR then proceeded to ex. plain the principles of the Civil Law as they affeeted this question. Ile cortcholed by repeating his conviction, that time should he allowed to weigh the changes which title Bill would snake in the law. especially tie some of its Elamite were neweltiee, and utilike the majority of them, which were retionitnendations from the Commissioners. Lord WYNFORI) said Int should consider corms town by the party against whom the judgment was given ate a' species of otoblements, and theulti leave the party recover. ing the lands to take it upon such terms aim the Judger might think proper. The Bill was read a first time, and ordered to be printed. I The House then adjourued. HOUSE OF COMMONS, Nov. SO. lo Gallery was not opturtl till Ilatf.puwt Four o'clock. NEW WRITS, For the County of Montgomery, in the room of the Milks Hsu. Chula Wittltin Williams Wynn, FlecrelarY at War. For the City of Chester, in the room of the Right lion. itobert Groevenor, Comptroller of his Majesty's Houeehohl, For Preatoo, in the room of the Hight Hon. Edward G eo yf ro y Smith Stalky, Chief Stereury to the Lord Lieu went of !Maid. The , WEAKER infortuoil tho !foot* Hitt the retog. nitinceA in several election petitions had not been perfected according to the Act. The first was the petition of Hylton JoWife, Esq., complaining of an undue election fur Surrey ; he therefore submitted to the House th.►t it slibuld be discharged. The nex petitioner was Ada►Ns Coles, who complained of an undue election for the city of Londonderry. He having failed to enter into the necessary recognizances this petition was discharged. The petition of Samuel Wells, Esquire, comphining of an undue election for Mut ingdonsliire, was also discharged. GALWAY PETITION. The Right Hon. G. DAWSON presented a petition, praying that an extension of ten days might be allowed E' r 7 IN, the recognizance' required by law. said, the Act was peremptory on the ..vortle from Mr. CROX ER, the motion EE . Ni3OROUG El ELECTION. - The following are the names of the Members appointi•d to try the merits of the petition presented against the Sit ting Members:--btr. Hugh Arbuthnott, Mr. Patten, Air. joaiaa Du Pre Alexander, Sir John Shelley, Mr. Legh, Mr. o'l3rier 4rd Eliot, Mr. Ross, Mr. Ceeko, Mr. Franeit, ( : 7 IZlancy. allowo P. , '.IITON ELECTION. • presented in this case ten days were , t:OUGH ELECTION. Sir R. aught up the Repert of the Committee on this election declaring the sitting 111 embers duly elected, but that the petition against their return was neither fri volous nor vexatious. The SPEAKER next called the attention of the Home to the petition of the electors of Stamford, respecting the late election for that borough. Mr. TENNYSON presented a petition from those elec tore, praying for an extension of time for entering into re cognizitneel. * Mr. MABERLY opposed the petition. He said that his Hon. Friend (Mr. 'Tennyson), who was interested in the petition, being himself a lawyer, and a Member of that House, could not plead ignorance of the law or of the forms of Parliament in excuse for the irregularity of his petition.—(Laughter.) Besides, the House hatl'Oecided in the negative upon a similar petition, respecting the elee 7 lion fur Mallow, in the year 1816. Sir C. WETHERELL said, that a special Act of Par liament had been passed to regulate the proceedings on . those election petitions. The persons then applying to the House for further indulgence had neglected the provisions of that Act, and he thought the House ought not to allow there . the extension of time which they required. TENNYSON, in moving that the petition be laid .upon the table, observed that the House had interfered in six similar cases before--4hat •it had power to do so, and that it ought to . enlarge the time for entering into those recognizances, as prayed by. the petitioners. The borough, he contended, was not a rotten borough, and if the peti tion went before a Committee, he had not the slightest doubt that such Committee would stigmatize, not the dee• tor('of the borough, but other parties who had endea voured to stigmatize those electors. He thought it would be more becoming in the House to be governed by the spirit and general tenor of the Act, and not by a trumpery clause of three lines.—(A laugh.)—He wished before he sat down to learn the opinion of the Chair on the clause tinder which the enlargement of time was sought. The SPEAKER disclaimed any intention of Mum!, ing ;Incision of the House on that or any other quit • tion. Time clause which they hod then to consider was the 6th, not the bth. it required, that on the day on which time petition' vu presented, or the next day the pe titinoers should deliver in the names with the additions and places or residence of the persons whom they proposed as sureties, and that the anion be entered in a hook kept open in the office appointed 04 that purpose. When the subject of the present petition came before hint, he in quired if that preliminary proceeding had been complied with, and being answered in the negative, be replied that unless better iustruated by the., House, he should not feel himself at liberty to enlerge the tints'; et Nast such was his construction of the Statute. N r , TENNYSON, said, that the point on which he wished to kap the opinion of, the Speaker was, whether or not the House had power to interfere. If the facts were verified on oath, could the }lenge di:pense with the pre scribed regteation Thp SVEAKER said, the conduct he bad pursued in the mattof rush,// indicated his opinion. Mr. TENNYI4OI4 would still maintain that the House was not excluded from entertaining that question. Mr. MABERLY observed, that the House uould have no power to violate an Act of Parliament. Sir EDWATIP SUGOEN considered the Act to be imperative upon the Howe. . Sir JOHN MAME (us we understood) observed that the statements of the petition ought to be verified by afWavit. The iiiTAKER said there could not well be any affi davits put in re panting the construction of an Act of Parliament. Mr. RICE thought that his Hon. hind would be better ejyised in not making any motion to enlarge the time, eapeuiaily after what had fallen from the Chair. The motion watt then withdrawn. Mr. KENNEDY toloented a petition from John Richardson, of Fluyder.stieet, Westminster, on behalf of John Campbell Collinholm, and other electors of the countyof Dumbarton, who had petitioned against the re turn made on the election for that county. The present petition prayed foe to dAys enlargement of the time for entering into recognizances. Lord JOHN RUSSELL thought it would be unfair to depiive the petitioners of the right of trying their eleotion, Sir IL pp a, s tid, great inconvenience would ensue if parties were not. called on to wait upon the examiner, and appoint it time with him. There bad been fifty-seven petitions, and out of that numbee the parties to fifty-six thought it their duty to wait upon the examiner.— Time geloted. Five Bills, funded on the report ef the Commissionere for the Improvement oi tie Common Law, which had been brought into the other House by Lord Tenterdu, were then InT i tsght down from the Lords, read a first time, and ordered to lea read a second time on Monday oe , nnight. Mr. WICK, in moving for certain returns of which he had given notice respecting the Metropolitan Polite! p ew " ; , a leeesad to the willingness exp resse d by a Ri g h t Hon. Bsroitot below him to agree to the appointmeet of a • Committee to invire into the character and organization of that force, a proceeiling which, he bad no 'think would be attended with reoulte highly creditable to that body I for he thought thew in many respects well calculated to plower the porpose for which they had been formed, though admitt-ing of ' considerable improvement. l'he chief and beat fouttda4 objection to them was the ex penes. This ex, pence amountNl in many parishes to an increase of 1141 per cent. on the obi rate, in others to 300 per cent., and in some, even to much mead!. lie thought this was a suitiact which required some investitotion, and in order to pave the stizy towards a thorough knowledge (4 the com parative cost of 4.b it two systems, he begged leave to nova for a return of the amount paid in each parish for the equipment anti support of the New Police, and the mount of rental on which that amount is raised, together with a return of the some paid by each parfait in the year before the organization of the New Police, stating tho number of watchmen and pojigis constables employed, and the amount of rental on which wok sum was raised. Me. tIEORCIE LAMB repeated the ateleatent glade by Sir R. Peal, an a former evening, that the regions ea nected with the payments on account of the New Police were, according to the provieios of the Act of Parliament, to be laid before the House aftea tle. Christmas recess. Fur tleateetteon he did not think the Hon. ileober should press the first part of his motion ; but be had no objection to the second part, Itecauao ,kip was anxious, in common with all others, that the new - sytatenp - pf Police should be folly Inquired into, and its merits fully recog4enl, Lir j r !,,. PEEL was also desirous that the eternity the New Polip should be fully ascertained ; and be hoped that the return romee.d for by the lion, Member would be merle as comprehensive as' 11. - s!oible, in order to afford a Mar comparison between the cost and efficiency of the new day anti e;,,lttpelice and the old system a paro‘hial word,. Ike believed it was etuite true that some of the pariellea paid as munch above what they , formerly paid as the Ilion. Gentletnan stated, but it was bec4net they did not pay a shilling before, anti trusted solely to the with provided by their neighbonre. Mr. HUME app:oyed of the system of police, but tit that the expense required aediiction. In one parish the twin paid for watching was raised pool ,pot to 5,5004 'a year. The motion was then agreed to. - Several other 411„,noltent who had motions to make, and petitiona to present, were; th,en called an, but in eon uenee of its honk nuderstood that the gpeelfer laboured under teyere indisposition, they declined availing them-- selVes of tits 40•43 10 n. There was at this moment a very general call for an im mediate adjournment of tint /loose, but latr. - nice said there were or f.wet Bills to be for warded a stage, a nd it would be a matter of e,;operpience to the Government if ti ins was allowed for that purptCle. The Consolidated Fund Dill was then read a second time. tie the motion that the Bill be committed, Mr. HUME netted if it • wet the ititePthW ttf °own- ment to fill up the vacancy created:by the retirement of the Eirl of Roue, from the Sinecure Office of Postmaster-Ge neral of Ireland? Mr. MICE was happy to say, that the Government had determined not to make any new appointment of that dr scription in Ireland.—(Hear.) Mr. GOULBURN, in justice to these gentlemen who were connect d with the late Administration, felt himself' called on to say that they had determined not to renew the office alluded to, on the retirement of its present pos sessor, and they had also abstained, in prosecution of the same views, from filling the vacancy created by the retire ment of the Noble Lord who was joint possessor of the office.—(Hear, hear, from both sides of the House.) On the motion that the Colonial Acts Validity Bill be read a vcond time, Mr. CAMPBELL said he had some objections to the measure; but, as he thought these objections could be well urged in a future stage, he should, in deference to the feelings of the Hous., postpone stating them at present. Sir C. linattatt, Mr. W. BURRELL, Lord Matair.- vltt.E, and upwards of twenty other Members, obtained leave of absence for various periods, in consequence of the disturbed state of their respective counties. The House then adjourned, at a Quarter to Seven, until Thursday. REPORTS 01? ELECTION COMMITTEES (From the Votes and Proceedings of the house of Commotit) THE MARLBOROUGH lIOROUGH ELECTION. lijmi;eirineti,That it ippe;red to the Committee on the petition of Sir Alexander Malet, Baronet, and John Mirehouse, Esq., that the merits of the petition did depend in part upon the right of election ; and that therefore time said Committee re quired the counsel for the petitioners, and the counsel for the sitting Members, to deliver to the clerk of the said Committee, statements in writing of the right of election for which they re spectively contended. That in consequence thereof, the counsel for the petitioners delivered in a statement as follows r— ,"rhat the right of election is in the Mayor and Burgesses only ; such Burgesses being persons holding in and residing in the Borough, and having been sworn, or having demanded to be sworn," l hat the counsel for the sitting Members delivered in a state ment, its follows : That the right of election of Members to serve in Parlia ment for the borough of Marlborough, in the county of Wilts, is in the Mayor and Burgesses only." That upon the statement delivered In by the counsel for the petitioners,' the Committee have determined that the right of election, as set forth in the said statement, is not the right of election for the said borough That upon the statement delivered in by the counsel for the sitting blembers, the Committee have determined, that the right of election, as set forth in the said statement, is the right of election for the said borough. That the said Committee have also determined, that Thomas Henry Sutton Bucknall Estcourt, F.sq., and William John Dankes t Esq., were duly elected Burgesses to serve in this pre. sent Parliament Or the said borough. That the petition of Sir Alexander Malet, Baronet, and John Mirehouse, Esq., did pot appear to the said Committee to be frivolous or vexatious. That the opposition to the said petition did not appear to the said Committee to be frivolous or vexatious: to be entered in the Journals. CALNE ELECTION COMMIITEE. House informed, That it appeared to the & - rillnittee on the petition of Edmund Hopkinson, Esq., and Edward Cheney, Esq., that the merits of the petition did depend in part upon the Right of Election, and that therefore the said Committee required the Counsel for the petitioners, and the Counsel for the sitting Members, to deliver to the clerk of the said Committee, state ments in writing of the Right of Election for which they respec tively contended, That in consequence thereof, the Counsel for the petitioners, delivered in a statement, as follows : . _ . . "That the Right of Election is in the ancient Burgesses only, such ancient Burgesses being the inhabitant householders re siant of the said Borough duly sworn." That the Counsel for the sitting Members, delivered in a state. ment, as follows That the Right of Elmtion of Burgesses to servo in Patna ment for this Borough, is in the ancient Burgesses of the said Borough only ; meaning thereby the select body of the cor poration." That upon the statement delivered in by the Counsel for the petitioners, the said Committee have determined, that the Right of Election, as set forth in the said statement, is not the Right of Election tbr the said Borough. That upon the statement delivered in by the Counsel for the bitting Members, the said Committee have determined, that the Right of Election, as set forth in the said statem e nt, i s not th e Right of Election for the said Borough. That the said Committee have determined, that the Right of Election for the said liorough is in the ancient Burgesses of the said Borough only ; meaning by the term ancient Burgesses, Burgesses duly elected and sworn according to the ancient con stitution of the borough of Caine. That the said Committee have also determined, that Sir James M‘ponald, Bart., Is duly elected a Burgess to serve in Parliament fur the said Borough. hat' Thomas llabington M'Caulay, Esq., is duly elected a Buress to serve in Parliaineet for the said Borough. That the said petition did not appear to the said Committee to be Ilivolous or vexatious. That the opposition Co the said petition did not appear to the said Committee to be frivolous or vexatious : to be entered in the Journals. MAGAZINE DAY. BLACKWOOD'S MAGAZINE. fi A Winter Rhapsody, by Christopher North," is one of those eloquent, but inde scribable productions which no living author save one—and that one ProfesSor Wilson— can write. It is a mixture of tenderness, elegance, and humour—a motley union of subtle thought and broad caricature. In description it is re dundant, but not too much so, for no novelist nor even poet describes external nature with half the imagination of the author of the undeservedly neglected " City of the Plague." " Horrible Stanzas" is an amusing specimen of the Bathos, suggested evidently by the perusal of Mr. T. Hood's clever poem " The Ghost Ship." " Letter on the Spirit of the Age" is written in a fierce intractable spirit, though it is impos sible to deny its power of expression and corre sponding energy of thought. The following are the best remarks in the diatribe, and we give' them accordingly : " The great objects of the revolutionny part of the people have much less to do with politics than they had formerly. Reform and a republic are but 'secondary mat. ters and means; the King is popular; and no great de gree of exasperation is manifested towards public autho rities. The war is ono of hunger against property, and loss against the causes of it ; it seeks principally employ. ment, adequate wages, and protection of property. bur the last two or three years it has been the general remark amidst the woiking classes, We cannot bear this much. longer, and if Government will do nothing for um, le o must do something for ourselves.' The disaffection of the middle classes ari,es chiefly from their losses. " Acting upon this, let the new Ministry begin with. out delay to remove want and loss. Let it clear Kent and other counties of their excess of labourers. Let it give to land-owners and farmers that protection which will Secure their• property and enable them to give adequate wages; and do the same to every interest, Give employment and proper wages to the husbandry labourers, artisans, &c., and they will be again peaceable and contented; givo se curity of property and profits to the landowners, farmers, ship.owners, &c, &c., and they will be again loyal; give good wages to your labouring classes, and good profits to your producers; and you will make your town shop. keepers prosperous and w4ll affected. • " In giving the moat prompt and liberal relief to every suffering interest and class, lit evil things be sternly re pressed in every quarter. In giving food and employment to the la,bourero, ;mt down their combinations, and bring tl-em again muter the government of their masters. In giving protection and prosperity to the various interests, extmgnish lhotie brutal and horrible doetrip t s which assert that oa t moat fitn4l'llih through the injury of the °them— that, the capitalist must be eprifrlied by the starvation of the labourer ; anti manufactures must Pil ,, Per through the insolvency of agriculture. • In giving to each interest all the protection it can fairly desire, resolutely compel it to contribute liberally to the benefit of the others." " Passages from the Mary of a Late Phy sipicin" contains one story, entitled a " Man about Toni 1!"))?4! is one of the most vigorous pieces of composition vie ewer r , 4 d. j t cannot be perused without a shudder. The incidents are trite, but the working up is wonderfully energetic. The re►nainder of the number is chiefly devoted to politioal subjects, of which we Inge by far too much. NIONTEILY MAGAZINE. " The Wellington and Grey Adminstration" i s a n admirable political analysis from the pen ,of a - master-spirit. 'There is no mistaking the irpposing, n d : en,ergetie Apho risms on Man" aro characterized by all the late Mr. Hazlitt's usual brilliancy of language, acute. - ness,, and truth of observation. They are , how Aver, tinged with spleen, which broods over them like an aut. - 4111;ml cloud. " Quackery Practice an d Mr. St + John Lqhg" ig at) able expt n 0. the most unparalleled quack on record. 44 The Daemon Ship" is a well-told tale, as regards botl , style and incident. The " Notes of the Month" are as usual pungent, versatile, and satirical. We subjoin a specimen, it is in allusion to the quackeries of St. John Long : " But what we abominate in the fellow is his gross heartlessness. When he saw that poor Miss Collin was dying—the *victim much less of the quack than of the foolish woman who put her into his bands—we find no regret for the unfortunate creature's agony—no alarm fur its consequences, which he moat have dreaded—not a syllable of anything but congratulation on the charming effect of his medicine;—and upon this he takes his hat, and walks away to some similar operation. The girl is flying at the moment, in the most horrid of all sufferings-- the tortures of coming mortification ; he offers no mitiga- Von, or none of any use. We heir of nothing further, but the fruitless calling in of a surgeon by the family the surgeon finds he can do nothing—and the poor girl pe rishes. It is utterly impossible to believe that the judges, on this occasion, were more correct in their law 'than they were true to common sense. The law allow* no man to say one thing, and do another—to sell potatoe•flour for wheat, or dose us with sawdust or plaister of Paris for the assize loaf. " In like manner, it cannot suffer a quark to sell us poison fur medicine, or rub us into a mortification, on the pretext of securing us against consumption. In fact, the law is created for the protection of the subject against all evil doers; it smites the swindler of a sixpence—and why shilll it not smite the swindler of a life? Why does it demand that medical men shill take degrees at colleges, except for the purpOse of securing us against the ignorance of quack.; and if those precautions are universal in all civilized countries, why is a fellow like St. John Long to be suffered to practise on the credulity of hypochondriacs and pampered women, with more money than brains ? It is to prevent fools from being duped by their own folly, that three-fourths of all laws are made ; and we cannot conceive how Mr. Justice Parke, however given to story-telling and nonsense—or Mr. Justice Garrow, though the gout in his toes had bewildered his memory—could have laid down dicta which undoubtedly go to sanction all the experimentalists in human folly. But St. Jobs Long is now to he tried alain ; and on the result of the trial will depend, whether we are to be inundated by a rave of pre tenders, hazardous to life; or they are to be deterred by an example—which, to be salutary, must be prompt and severe." NEW MONTHLY MAGAZINE, " Thoughts and Facts respecting' the Civiliza tion of Africa" are avowedly from the pen of Mr. Thomas Campbell, and contain much that is just in thought, and sound in reasoning. " The Princess of the Bright Shadow" is a clever and ingenious tale by John Galt, written after the style and fashion of the Arabian story tellers. It has an excellent moral appended to it. " Conversations with an Ambitious Student in 11l Health" is a very superior article, as re spects both matter and manner. There is no little metaphysical ability displayed in it, and much healthy sentiment. The following is a fair sample of the character of the thought, it will be seen that it is full of feeling and reflection : " Here our discourse was interrupted by the entrance of a female relation of L—'s; she came with his medicine, for though he considers himself beyond human aid, he does not affect to despise the more sanguine hopes of those attached to him. Let him think,' said he, 'that they have done all they could for me : my boat is on the water, it is true, but it would be ill-natured if I did not loiter a little on the strand. It seems to me, by the way, a sin gular thing that, among persons about to die, we note so little of that anxious, intense, restless curiosity t 3 know what will await them beyond the grave, which, with me, is powerful enough to conquer regret. Even the most resigned to God, and the most assured of revelation, know not, nor can dream, of the nature, of the life, of the hap pines., prepared for them. They know not how the senses are to be refined and sublimated into the faculties of a spirit ; they know not haw they shall live, and move, and have their being; they know net whom they shall see, or what they can hear ; they know not the colour, the capacity of the glories with which they are to be brought face to face, Among the many mansions which is to he their.? All this,. the matter of grand and of no irreverent conjecture ; all this, it seems to me, so natural to revolve—all this I revolve so often, that the conjecture incorporates itself into a passion, and I ion impatient to pass the Ebnn gate, and be lord' of the eternal secret. Thus, as I approach nearer to death, Nature, and the face of things, assume a more solemn and august aspect. I look ul on the leaves, and the grass, and the water, with a sentiment that is scarcely mournful; and yet I know not what all else it may he called, for it is deep, grave, and passionate, though scarcely sad. I desire, as I look on those, the ornaments and children of earth, to know whether, indeed, such things I shall see no more—whether they have no likeness, no archetype in the world in which my future borne is to be cast ; or whether they have their images above, only wrought in a more wondrous and dr. lightful mould. Whether, in the strange land that knoweth neither season nor labour, there will not be, among all it. glories, something familiar. Whether the heart will not recognise somewhat that it has known, somewhat of 'the blessed household tones,' somewhat of that which the clay loved and the spirit is reluctant to disavow. Besides, to one who, like us, has made a thirst and a first love of knowledge, what intenseness, as well as divinity, is there in that peculiar curiosity which relates to the extent of the knowledge we are to acquire. What, after all, is Heaven but a transition from dim guesses and blind struggling with a mysterious and adverse fate to the fullness of all wisdom —from ignorance, in a word, to knowledge—but know ledge of what order ? Thus, even books have something weird and mystic in their speculations, which, some years ago, my spirit was too encumbered with its frame to re • cognize —for what of those speculations shall be true— what false? How far has our wisdom gone toward the arcanum of a true morality; how near has souse daring and erratic reason approached to the secret of circulating happiness round the world, Shall He, whom we now contemn as a visionary, be discovered to have been the inspired prophet of our blinded and deafened race ; and shall lie, whom we now honour as the lofty saint, or the profound teacher, be levelled to the propagator and sancti fier of narrow prejudices; the reasoner in a little angle of the great and scarce-discovered universe of Truth ; the that his Empire fills the map of maiteiravlvoCrl;dii:esaeg,idsuppipaocainiig placing under an interdict the improve ments of a nobler enlightenment ?" " Sketches of the Ganges" is so-so, and the " Enthusiast" a piece of mock tinsel sentiment which we profess not in the slightest degree to understand. " 11y First Tragedy" is an amus ing quiz, from the pen of Mr. Poole, anti con tains one or two capital hits at that paragon of saints, Mr. George Colman the younger— a s he culls himself at seventy years of age—author of " Broad Grins and Poetical Vagaries," two of the vulgarest and most obscene books in this or any language, UNITED SERVICE JOURNAL. This is an interesting and intelligent number, with more variety than usual and more taste in the selection of the topics The details of 4 , The Last Cruise of his Royal Highness the Duke of Clarence,. as .Lord High Admiral of Great u r i ta i n ," is the most amusing article in the nutn. le it is replete with freshn ess an d an i mat i on, and ; gives one or two bright glimpses of charac terWe subjoin an ex t ract , d escr i pt i ve of a visit to Napoleon's house at St. t lelena Previous to reaching the house, which is built on the table-land of a small hill, we passed through a scanty grove of treei, and dismounted at the door leading into the billiard room of Longwood. The house consisted o f a ground-floor, with a roof exceedingly low ; the rooms, few in number, were small, dark, and damp, and even during the residence of the Emperor, when furnished, they cannot but have been most wretched ; now the house was quite dilapidated. The room where Wapoleon breathed his la 4t,. contained a threshing-macbine ; hie sitting-room had been converted Lao 4 granary, and the library where he p „,, te d the greater portion of his time, and dictated the me moirs he left as a legacy to the world, was now a hen house! The bed-room, fitted up With stalls, served as a stable; and the outhouses, once occupied by his faithful Generals Montholon and Gourgaud, were appropriated to alike purpose ! I ascended lo• the garret where young Las Cases slept, but could scarcely stand upright in it. Is it &subject of wonder that Napoleon should have complained of ill-treatment, when the house given him as a residence was taa Ind, that now it is only considered fit for a store house ? The garden in which he used to walk was still in existence, but nothing about Longwood remained to indi cate that there hail resided Napoleon. The new house erected by the British Government was comfortable, large, and pretty ; it had been very handsomely furnished, but the Emperor never occupied any of the apartments, his health having been so bad at the time the house was finished, that be would not remove from his old reeidence. Whilst I was looking at Longwood, with that curio sity which every person would feel who ever heard of Napoleon, and was remarking to one of my companions that it was unfortunate England should have been obliged to bear the odium of Napoleon's confinement, when she was the only nation in Europe which gained nothing by his detention, a young man who had joined our party, merely because he thought it would be flee fun to have a ride up the hill, and who knew no more about Napoleon than that a General of that name fought the battle of Waterloo, came up to me, after gaping about hies for some time, and said, ' Well, this is a pretty house; what is the name of it ?' Palmer !" said I, as I turned away and mounted my home; ' twice to-day have I been delighting myself with glorious visions of the past, and doomed to have them banished by the common-place remark of some ignorant being, whose heart or sense. are too dull to appreciate the melancholy but pleasing sensation which, one feels when contemplating scenes rendered so famous by history as these.'" ASIATIC JOURNAL. Limited, as usual, to Oriental topics, but on those topics amusing and sensible, this periodical will find favour in the eyes only of that class of persons who have connections in any part of India. To mere readers for enter tainment it will possess but few attractions. MONTHLY REVIEW. At a late hour of the day we received this number, which, so far as we may judge from the contents, is an entertaining, as well as an in. structive one. But indeed this Review is never deficient in intelligence ; its notices of books are full of information devoid of pedantry, and its criticisms always sound and most commonly impartial. FAMILY MAGAZINE. This is a pleasant, chatty, goad-humoured periodical, with no very dazzling ability, but with much good sense to recommend it.— Among the contributions, our favourite is a paper under the title of " The Miseries of Having Nothing to Do," which puts such a cala mity forward in a very striking, not to say an original manner. We regret much that our very limited space will not allow of our making extracts. FRASER'S MAGAZUNE. A lively, intelligent number, full of variety, and light sparkling information. The Review of "Sir W. Scott's Letters on Demonology and, Witchcraft" displays great judgment and good sense, and enters info the spirit of that interest ing production with much gusto. ", Strange Letter of a Lunatic" is a well-written, though over-wrought tale, by the Ettrick Shepherd. "Hobhouse versus Galt," is an account of a controversy between those two gentlemen on the subject of a passage in the latter's last " Life of Byron." There is much point in the details, and the irritability of Mr. Hobhouse's correspon dence with Mr. Galt is amusing, and characte ristic (to an unusual extent) of the genus irri labile. Mr. Hobhouse has irritability enough for an Epic poet. " The Annuals" is a very sprightly notice of these graceful little gems, from the pen, we presume, of Dr. Nlaginti. " The Illustration of the Month" contains a sketch of Mr. John Gait in spectacles, and sin gular exuberant pantaloons. The sketch is a spirited and flattering likeness. EAST INDIA MAGAZINE. The first number of a new periodical has just appeared under this title. It contains some good remarks chiefly on statistics. With great exertion on the part of the editor it may succeed ; but Herculean energy is requisite in these days of literary competition to make either book or magazine answer. LA BELLE ASSEAIBLEIt. The La Belle Aisemblee for this month is a very capital number as regards its embellish mentf; which are first rate. The plate of the Marchioness of Londonderry, in the costume of Queen Elizabeth, is remarkable for its gorgeous effect. EXPRESS FROM PARIS. (French Papers of Monday Everting.) EXTRAORDINARY LEVY OF TROOPS. In addition to the 148,000 men called rut by recent ordinances, and who are to march on the Ist and the 15th of December, the Government has determined upon making au extraordinary levy of 80,000 men. The consent of the Chambers will he applied for on an early day, and an extraordinary credit asked fur, to meet the expense* ren dered necessary by the levy. These facts have been made known by the Minieters themselves. The Notional of Monday morning says...." A letter front the interior of Russia, dated Nov. 10, confirms what has been already announced respecting the march of the Russian army towards the frontiers. The manner in which this letter is expressed leaves no doubt that the movement is the consequence of a preconcerted plan be tween the Cabinets of St. Petershurgla and Berlin." (From the Temps of Monday.) Every subject vanishes before the question of peace or war; even the trial of the Ex-Ministere, of which a re port is to be made to-day to the Chamber of Petro, forgotten. The presentation:in a short time of the lasys upon the elections, upon the National Guards, on the mu nicipalities, and on the budget of 1831, it expected with patience unknown a fortnight ago. In this indifference with regard to matters of serious importance, there exists serious warning, which is, that the question is n&at , transported out of Fiance. We had achieved our revo lution, Europe had engaged to respect it, and we were occupied in organizing our new institutions, when of a sudden events occurred at a few leagues from our frontier. which solicit our attention, our interference, and perhaps the efforts of our arms. It was in vain that M. Bignen uttered the language of wisdom and experience ; his le.- sons. were ',mulcts. He'threw light upon the matter, but Lime has been communicated to it. What has occurred for the two last days has spread an anxiety in which we do not yet participate, but which the Government alone can put an end to by an unreserved explanation of its views and of its hopes. To French minds uncertainty is the only real evil. We have no doubt that the opportunity of explaining will be afforded to Ministers without delay in the Chambers. It is necessary to be active in words a• well as in deeds ; preparations for war can alone secure the maintenance of peace. The week which is now cum. mencing must put aim end to all uncertainty upon the prin cipal question*, both of foreign and domestic policy. Ow Government can do all that it has the wilt to do, but it must be known what its intentions are. Let the Go vernment speak, and France will answer, and Europe will reflect. (From the .ittessaper des Chandores of yesterday.) We have made conjectures as to the probability of war ist us now see if we cannot find as many in favour of peace. The Russian armies have been recruited and provi• shined, and put in motion. The Prussians have dune the same ; awl Austria, throuilh sympathy for these Power«, has followed their example, These Weitclo doubt It symptoms of war : but we may anticipate AOW tealitiek Let as examine as to what period these -ittsraluto were made. an ! ~. ihall find that the Duke 4: Oat' ton was t. 'egs," and the Vanish w"' 1 exhibV , 1 , ' , Aeneas, and, probal ~. , k_ _ ta I push ' - the circle of the liolliletnsx'• Sin ,!Ie people of Filitittifittitf blind have e, . , .rty which their Mittliteriweisd to shawl:, , . ••„: ad va ntage of the rwriitietrilinriii Noce Metternich. J.-. 7 777 7^ - - Mole and Wellington have been obliged. to reit& fora - _ public affairs. Earl Grey, the new English Premier, haijotthebr ed i in the face of Parliament, that he is'ileteinthied 0 iii_: every exertion for the amelioration of Ogg jotpri °Ws: the country, and that be had no wise 30' bolus!' i'd" . rence for interrupting the other nations on the Coiling in the arrangment of their own affairs. England is, e therefore, out of the teeetkir d a war which the North of Europe might thing it''"'"' against the principles of the South; and From It nt_ j ore than capable of supporting the ideacwhich#lllsoP:A. ; The Congress of Brussels received- Yolet h i„ . ,,L7llll, communication which. it was:possible for '''''"" 7 - tar once to transmit before the appointment of Ark OM - be head of the English Ministry. '''', l ;,,, o f This event will change the entity bin the North, and we therefore expect eterL,_, 2011 w 1 ",,,,„, ---- to to record communications of a VIO firli"P/"..e this those which we announced at ths soollooocorent etlli v w b i u e t e :L w e. . i)—alirebeTbeemhet toots i t veritst successful. leasi ts sal i ffc :t i nayi lle I I a ta an t le h d:t l l: oooi liiiill igeta llwin t 'f- , - tb ::„ : : d can v t° in og epS nih, : : ". o: Pv t en ; t ae lh r it e issac h au a p v ki r tall o f n 'fre l. ' y Nni bee °v: lt 'll; three ltirs44ll.4 th sieseli:il7l44l°":°":7'.: of rhOctobereoenan s Governors t seemsil Electoral lse: d t s o ecso t l ti h ‘ n, variance sth of Noiein b c r a ait'th erikillFl* aorliwnif7asnseAver::::tikinirlipihvetuabthech:r;ocoocipiCtieenar::o6l,pandiohniti:''liti,roi.':ooo:7':l:f :beet ' :al doe f SWITZERLAND.....This country' is genie , te'o . ", -- ° agitation, produced by the almost generel:elehrer_.,4 chine also seat vhelhere i r rt e dt (From i from i on e the s t ta h t e' e person . Gazelle ll 9 °l e il 'l 1 'p side p d r c i s/ h. e o .n F '' 41.4,4 that imi n c e , i 1 1 w. I s c i t 4 1. ,4„. *; 4 ' 4 , ' i r. w i l 1 1 t i ...!' 1.1 recovered All the military men - Lave received o d e 1° I" ' t ~_. . t, . 4 A-40 selves in readiness to . ntareh'Upoo thie Aro a5ii3 81 1 . 1 74-inee order has net been recalled.. Tb 0 41,1 Plitt bl r ek l‘ ; , i pieilet. have been added to all the regiment's nne . :.,”"'"__l flom went will extend to three years instead,,pl,,Psniiiii'.„ measures are attributed to the moventeot.M f .L. A W;":6 O ,„ army, and the extensive preparatiOne .144 1 . 4 tkie" P '" . vernment of Russia. Pu y HAMAD LT, Nov. 2g.—A 5e4001.. tolurr . , d o pa here yesterday. As a detachment 4 50kfmr,..7 1 ,1. ducting to Fulda some individuals arreglil,"" * ...,„k ii i n the tumultuous meetings in this littetat.l.l. n u of morning, when the detiehnseel. 0 0 ,.......71: -- 'nom N h . urein_urg, an attempt was roreltlltel,r l- .„„„ - , 1 1: tb , levers , the prisoners. . The saldiers ',fired 0 11 Au e rs'Afa- also ' made were wounded, and two mortally. Tb. e,'„ . .. ; ,,P - ,:k ,t lon their escape. The details of this agar ' gr, XL e t bad cleared up ;it however appears that several ••••• been wounded with stones thrown by the I st o d the The soldiers remained quietly at their w ilily p0! 1 " Burgher Guard succeeded in resmriall Plo w ....- The town, at night, prevented a hostiki_ , ! G a rd Several patrols paraded the stre4s. The .011 i r tora boi bivouacked upon the market place nab lill ll L .. i n the whilst the military force performed the. ellnle_lnn of t he square. 'rime funeral of Baron de Hallera - .31 00 % i rk; 3d regiment, took placedyesterday morniog; Ot. P an d but no attempt was me to renew the 1 4, the town is now in *suite of perfect trsogoilliti• coo, 51arshal Mahon, Ambassador from Frost:n ..l l ° , !- set out last night fur the former place. HO ill n , 1113 . race to take leave in the morning. ' suss/' par It is said that Marshal Sault has „A to ned transacting business, and we have no doubt,lais..,.oe.",,.,iii prove rather ann o y in g to place-kunters.,, llwr",-ieh makes appointments fur four o'clock is the ' , those who request to have audiences. . '' ~,i:-'e at It is said that I%lttdemoiselle Bournloot de 111 17:10elve siding in the island of Jersey, end tbat Ina 14.7..,10 from Granville and other p • orta of Fronee; with . 017,;(of for this lady, and which it... 01 supposed, relate S . °,!-- a counter-revolution in Franco. - . . • . • ._ ; .__L be & A letter received yesterday from. S. Peer s olitri. a , respectable commercial house, states that th • , _.,..""ii• bus at MOICOW. far from diminishing, vo will review the Nitoe -- , at Nlelan. His Royal Ili bassi tvl . .. n.ro Guards on the following rooming, and Will arrive r' at nee o'clock in the evening. : el of Moder) . .... (From the Cossetituf.onta . _t i t t eoseo The police have just seised tom cart. lean if os y crease.plliTnlt DiOiteddloef!OnWrtlhewaenhe°s°uwiliereillgantrftsrflicv4keelitdo°-ulturs':iorilsrrp:wittl2l-(11;7;17:806,..iivift; destined(o:fo arm s crie ..t.ninsl offis for tueeldr n, ao A nti lt g. ise sto These b equipments.l ie y AI . exFb,oo:uFe boxes o lille u ci r n m ot I,: o gibi,,,, i i t ,:e : t , 1;: t 1 : ; 11:;1 7 .: : , vet or i 1 .tthe y It is asserted that M. Jouffry has hall :1,111,4,1`a coo tints with Charles X., who has plated to eta fi' e few siderable sum, for the purpose of ,d ab b in g' ~ ' days, a new 'loyalist Gazette in PO ~..isie ye .) (The Private Correspondence o,fe 16rw , • ill bo 41 of rPteAalßhisti'sNinoesys. 29,e T . wl T L l v ie g .re ° Prr c rl 'Q tll/1..1118 v11:419° ;o0 4 . °14i1:1P:t pointed to examine into and oondoOt. Sb b ti. i b t Clot!' the Ministers of Charles X. will be ISO w;00 cation her of Peers; and it is es ,r th at .t ' WO, ib e Will be made voluntarily by, or estoro",.iiiice deo"' nisters of the King in the Cham berby, , or r!, se foreig n ratory of the situation of Erato , roe} toboble; Powers--in a word, whether or 01 iW 0 . 011'il 1 °l id; The question of the Ex.ilfiniete'l ( f . , ° !, 00 0! . .- The when the public mind is fort e°. a"" i t i i n g iro an affair of greater moment. Little e 0" - isne ‘, ~i in jey. ' ...lore fore he excited or felt on that sabiet „ ,h a s skill 1/ ,,„„,i1l you in a postscrit an account of so • ..,. Dor .::, there. Your report from the Chamber ; 1 104 00 v w eo i n il ta be in oenorthime)itottehderinaowdarg.reates4:(sietat:4oatiliAtunir.iirboo ,:r..,zitiotiii,''7,llf-,_,,,ilio_oberase cur or be stated in the I)eptitiee. tbo f ' 11! The general impression continu e. 1 thii A 'turns that many of the National Guards $006"--* . 0 1, Itill' Pu- he frontier,dices otof F pursuea r t i thew Ie ' bil l ingt step in n case t l . 1: o : I : di n j v c:y e hc ; shoul d s !ll ' vc betake l 1rib'1:1::" ri ° ' "if" 4. 1:' r i 1 1.1 " flill I " - 7.- kr: :: ' egi ri. 1 :I. Of o"asoith 0 i This is found to he a grave queition . nine s e.. kui go V it was pleasant enough to he oimP li g bee 014 ',kb to 'le Mars, at their own door, net 1 1 Y, to bl . get t i l" ;1 1 ' t ire 1 ° obliged to abandon their elope elm' , w i n ters . 1 " 1 ".,, e eel the Rhine or Moselle in the depth of saillttei;iirioo" be treated to martial law as cetrw,,,neri °°;', different +affair, and one which 1114170forre i r ri ' t , t he discontent, should an attempt he On'. out, t o ~...9 , or , is The report that the Belgians ,i g n di • 11 Zooldt sovereignty of their country .to tile vii I le ow! na tbe revived ; hut there CAR be little doel4ligesitient.Le of if made, be rejected; not front all n iii it coi i ileos, part of the King, or of France, to g' p 1 it th! ' 0 Op that young Prince: but lea it shoo ii i t if . tail 0 ,), ni , of your Goveruent, to prattle Pe a lpit in''': lo olyr and very wisely, en object here of lb . 1.- ,got afteln.loniv tottri ro A curious rumour on this subject lo yettekied that the crowu of Belgium will bee ffer7;..., je gillev", , towski, now a Quarter-Master in aof . ~.:•-••`` t e, serving at Algiers. i'll i t v • (i e. pot 4.1_ Warlike as are the expectations 0 tie o f tr it tob in general, the better -thinking rho. tl i n gliek . ito trary, that the late change of Ministry In , i n to cuts off all hope of Ilritirla subsidies or 07I 1 :1 t ot will deter the Northern Potentiate 01 . .if 001 to war. Nevertheless you must not wetw e i r e i el oinles shall convey to you intelligence of smotin n „,,,,her - ! . 7 the part of France to. reorganise and incr e ` -- ••; , i he and to put bier foe tresses in a state of defeoret.,...ae!..), You will find in the newspapers ee 11 7, - $11 1 :14 Arrest of an Aid-du-Camp of hlartnont (pet'ainintiPL,,, aullh'i.te.aurrtgaaMinreew.violOituicteisouennrrdseionntgs•ewsaeroelfri:tilniagiaandni:stwittiurrelioirkedfnecesstugrcrtrt,°,o 1:0 1 -. : 1 1 have witnessed . It proves not, however', .4 fiet the slightest reason for believing, too rin_. i e'lott man believe, that there is a party in F . ra n ripole ! , the late Government, capable of any perhaps c . jor" worthy of notice.t Or ' tllt Ilourase, Totter o'cLoc4.--An a ttetn F io re 11,0 here, at the opening of the market to-dejst. knife( trii th:eurnceds,atbsotairte I,:tadthiosujilywianelfinto,moefu.tairoyv:lt'fridi.itio,.d.; : Cents. 601. 65c. I,ertil.atFirtasetrrveFnoXio.—cklshi.vAtitintittaliiieeyrnt raototik,.....ree,ts'olrotyve her of Depolift to propose resolutions resl4o,at I tiunal Guard. You will fi nd a copy of a t'l l „.,; ii tnel . second edition of th e Nessager Os Ch ' 8 ; 4 0141:!'o t shad send you. General Sibastiani wim e jots .0 ,o w wi th a detnand for 150 minima ter 10 •' i . IP Forel a) Departuteut. All at the CI al-PT - ibe ..- • expel war. At the cluillibci: o 1 Prfflt'