The Sun. — London, England, 1845-12-31 00:00:00

I That convention died on the Commencement of the war between Spain and England, in 1796, and has never since been revived. The British Plenipotentiary next" endeavours to prove that, even if the Nootka Sound convention had ever ex isted, the position of Great Britain in regard to her claim, whether to the whole or to any particular portion of the Oregon territory is at least as good as that of the United States." In order to establish this position he must show that the British claim is equal in validity to the titles both of Spain and the United States. These can never now be separated. They are one and the same. Diffe rent and diverging as they may have been before the Florida treaty, they are now blended together and iden tified. The separate discoveries, explorations, and set tlements of the two powers previous to that date must now be considered as if they had all been made by the United States alone. Under this palpable view of the subject, the undersigned was surprised to find that in the comparison and contrast instituted by the British Pleni potentiary between the claim of Great Britain and that of the United States, he had entirely omitted to refer to the discoveries, explorations, and settlements made by Spain. The undersigned will endeavour to supply the omission. But Wore he proceeds to the main argument on this point, he feels himself constrained to express his surprise that the British Plenipotentiary should again have invoked in support of the British title the inconsistency between the Spanish and American branches of the title of the United States. The undersigned cannot forbear to con gratulate himself upon the fact, that a gentleman of Mr. Pakenham's acknowledged ability has been reduced to the necessity of relying chiefly upon such a snpport for sustaining the British pretensions. Stated in brief, the argument is this : the American title is not good against Great Britain, because inconsistent with that of Spain ; and the Spanish title is not good against Great Britain, because inconsistent with that of United States. The undersigned had expected something far different from such an argument in a circle. He had anticipated that the British Plenipotentiary would have attempted to prove that Spain had no right to the north western coast of America ; that it was vacant and un appropriated ; and hence, under the law of nations, was open to discovery, exploration, and settlement by all nations. But no such thing. On this vital point of his case he rests his argument solely on the declaration made by the undersigned, that the title of the United States to the valley of the Columbia was perfect and com plete before the treaties of joint occupation of October, 1818, and August, 1827, and before the date of the Florida treaty, in 1819. But the British Plenipotentiary ought to recollect that this title was asserted to be complete, not against Spain, but against Great Britain ; that the argument was cone ducted not against a Spanish but a British Plenipoten tiary ; and that the United States, and not Great Bri tain, represent the Spanish title. And further, that the statement from which he extracts these declarations was almost exclusively devoted to prove, in the language quoted by the British Plenipotentiary himself, that Spain had a good title, as against Great Britain, to the whole of the Oregon territory." The undersigned has never, as before observed, instituted any comparison between the American and Spanish titles. Holding both —having a perfect right to rely on both, whether jointly or separately—he has strongly asserted each of them in their turn, fully persuaded that either the one or the other is good against Great Britain ; and that no human ingenuity can make the Spanish title, now vested in the United States, worse than it would have been had it re mained in the hands of Spain. Briefly to illustrate and enforce that title shall be the remaining task of the undersigned. And, in the first place, he cannot but commend the frankness and candour of the British Plenipotentiary in departing from the course of his predecessors, and rejecting all discoveries previous to those of Captain Cook, in the year 1778, as foundations of British title. Commencing with discovery at a period so late, the Spanish title, on the score of antiquity, presents a strong contrast to that of Great Britain. The under signed had stated as as historical and " striking fact, which must have an important bearing against the claim of Great Britain, that this convention (the Nootka) which was dictated by her to Spain, contains no pro vision impairing the ultimate sovereignty which that power has asserted for nearly three centuries over the whole western side of North America as far north as the 61st degree of latitude, and which had never been seriously questioned by any European nation. This had been maintained by Spain with the most vigilant jealousy ever since the discovery of the American con tinent, and had been acquiesced in by all European Go vernments. It had been admitted even beyond the lati tude of 54 40 north, by Russia, then the only power having claims which could come in collision with Spain; and that, too, under a sovereign peculiarly tenacious of the territorial rights of her empire." These historical facts had not been, as they could not be, controverted by the British Plenipotentiary,although they were brought under his particular observation, and were even quoted by him with approbation, for the pur pose of showing the inconsistency of the several titles held by the United States. In the language of Count Fermin de Nunez, the Spanish Ambassador at Paris, to M. de Montmorin, the Secretary of the Foreign Depart ment of France, under date of June 17, 1790: "By the treaties, demarcations, taking possession, and the most decided acts of sovereignty exercised by the Spaniards in those stations from the reign of Charles IL, and autho rised by that monarch in 1692, the original vouchers for which shall be brought forward in the course of the ne gotiation, all the coast to the north of the western America, on the side of the South Sea, as far as beyond what is called Prince William's Sound, which is in the tilst degree, is acknowledged to belong exclusively to Spain." Compared with this ancient claim of Spain, acquiesced in by all European nations for centuries, the claim of Grass Britain, founded on discoveries commenced at so lift a period as the year 1778, must make an unfavour aMe first impression. _ . Spain considered the north-west coast of America as exclusively her own. She did not send out expeditions to explore that coast, for the purpose of rendering her title more valid. When it suited her own convenience, or promoted her own interest, she fitted out such ex peditions of discovery to ascertain the character and ex tent of her own territory ; and yet her discoveries along that coast are far earlier than those of the British. That Juan de Fuca, a Greek in the service of Spain, in 1592, discovered and sailed through the strait now bearing his name, from its southern to its northern ex tremity, and thence returned by the same passage, no longer admits, of a reasonable doubt. An account of the voyage was published in London in 1625, in a work called "The Pilgrims," by Samuel Purchas. This ac count was received from the lips of Fuca himself at Venice, in April, 1596, by Michael Lock, a highly re spectable English merchant. During a long period this voyage was deemed fabu lous, because subsequent navigators had in vain at tempted to find these straits. Finally, after they bad been found, it was discovered that the descriptions of De Fuca corresponded so accurately with their geography, and the facts presented by nature upon the ground, that it was no longer possible to consider his narration as fabulous. It is true that the opening of the straits from the south lies between the 48th and 49th parallels of latitude, and not between the 47th and 48th parallels, as he had supposed; but this mistake may be explained by the inaccuracy so common throughout the sixteenth century in ascertaining the latitude of places in newly discovered countries. It is also true that De Fuca, after passing through these straits, supposed he had reached the Atlantic, and had discovered the passage so long and so anxiously sought after, between the two oceans; but from the total ignorance and misapprehension which prevailed at that early day of the geography of this portion of North America, it was natural for him to believe that he had made this important discovery. Justice has at length been done to his memory, and these straits which he discovered will, in all future time, bear his name. Thus, the merit of the discovery of the straits of Fuca belongs to Spain; and this nearly two centuries before they had been entered by Captain Ber keley, under the Austrian flag. It is unnecessary to detail the discoveries ofithe Spaniards as they regularly advanced to the north from the settlements on the western coasts of North America, until we reach the voyage of Captain Juan Perez, in 1774. That navigator was commissioned by the viceroy of Mexico to proceed, in the corvette Santiago, to the 60th degree of north latitude; and from that point to examine the coast down to Mexico. Ile sailed from San Bias on the 25th January, 1774. In the performance of this commission he landed first on the north-west coast of Queen Charlotte's Island, near the 54th degree of north latitude ; and thence proceeded south along the shore of that island and of the great islands of Quadra and Vancouver; and then along the coast of the conti nent, until he reached Monteroy. He went on shore, and held intercourse with the natives at several places; and especially at the entrance of a bay, in latitude 291 dog., which he called Port San Lorenzo—the same now known by the name of Nootka Sound. In addition to the journals of this voyage, which render the fact incon testible, weh ave t h e hi gh aut h or i ty o f Baron Humboldt inits favour. That distinguished traveller, who had access to the manuscript documents in the city of states that " Perez and his pilot Estevan Martinez left the port of San Bias 24th January, 1774. On the 9th August they anchored (the first of all Euro pean navigators) in Nootka roads, which they called the port of San Lorenzo, and which the illustrious Cook, four years afterwards, called King George's Sound." In the next year (1775) the v i ceroy o f M ex i co aga i n fitted out the Santiago, under the command of Bruno Ifeceta with Perez, her former commander, as ensi g n, and also a schooner, called the Sonora, command e d by Juan Francesco de la Bodega y Quadra. These vessels were commissioned to examine the north l vst stern coast of America as far as the 65th degree of latitude, and sailed in company from San Blas on the 15th March, 1775. It is unnecessary to enumerate the different places on the coast examined by these navigators, either in core. pany or separately. Suffice it to say, that they landed at many places on the coast from the 41st to the 57th de gree of latitude, on all of which occasions they took pos session of the country in the name of their sovereign, according to a prescribed regulation ; celebrating mass, reading declarations asserting the right of Spain to the territory, and erecting crosses with inscriptions, to com memorate the event. Some of these crosses were after wards found standing by British navigators. In rela tion to these voyages, Baron Humboldt says, " In the following year (1775, after that of Perez), a second expedition set out from San Bias, under the command of Heceta, Ayala, and Quadra. He discovered the mouth of the Rio Columbia, called it the Entrada de Heceta, the peak, of San Jacinto (Mount Edgecomb, n e a r N or f o lk Bay), and the fine port of Bucareli. I possess two very curious small maps, engrave d i n 1788, i n the c i ty of Mexico, which give the bearings of the coast from the 27th to the 58th degree of latitude, as they were disco vered in the expedition of Quadra." In the face of these incontestible facts, the British Plenipotentiary says "that Captain Cook must also be considered the discoverer of Nootka Sound, in conse quence of the want of authenticityin the alleged previous discovery of that port by Perez." And yet Cook did not even sail from England until the 12th July, 1776, nearly two years after Perez made this discovery. The chief object of Cook's voyage was 'the discovery of a north west passage, and he never landed at any point of the continent south of Nootka Sound. It is true, that in coasting along the continent, before he reached this place, he had observed Cape Flattery, but he was entirely igno rant that this was the southern entrance otthe straits of Fuca. In his journal he admits that he had heard some account of the Spanish voyages of 1774 and 1775, before he left England; and it is beyond question that, before his departure, accounts of the voyage of Quadra had been published both in Madrid and London. From Nootka Sound Cook did not again see land until he reached the 57th degree of north latitude. In 1787, it is alleged by the British Plenipotentiary that Captain Berkeley, a British subject, discovered the Straits of Fuca; but these straits had been discovered by Juan (le Fuca, nearly two centuries before. Besides, if there had been any merit in this discovery of Captain Berkeley, it would have belonged to Austria, in whose service he u as, and under whose colours he sailed, and cannot be appropriated to Great Britain. And here it is worthy of remark that these disco veries of Cook and Berkeley, in 1778 and 1787, are all those on which the British Plenipotentiary relies pre vious to the date of the Nootka Sound Convention, in October, 1790, to defeat the ancient Spanish title to the north-west coast of America. The undersigned will now take a position which can not, in his opinion, be successfully assailed ; and that is, that no discovery, exploration, or settlement, made by Great Britain on the north-west coast of America, after the date of the Nootka Sound Convention, and before it was terminated by the war of 1796, can be invoked by that Power in favour of her own title, or against the title of Spain. Even according to the British construction of that Convention, the sove reignty over the territory was to remain in abeyance during its continuance, as well in regard to Great Britain as to Spain. It would, therefore, have been an open violation of faith on the part of Gre-tt Britain, after having secured the privileges conferred upon her by the convention, to turn round against her partner, and perform any acts calculated to divest Spain of her ultimate sovereignty over any portion of this country. 7he palpable meaning of the convention was, that during its continuance the rights of the respective parties, whatever they may have been, sholld remain just as they had existed at its commencement, The Government of Great Britain is not justly charge able with any such breach of faith. Captain Vancouver acted without instructions in attempting to take posses sion of the whole north-western coast of America in the name of his sovereign. This officer, sent out from England to execute the convention, did not carry with him any authority to violate it in this outrageous manner. Without this treaty, he would have been a mere in truder; under it, Great Britain had a right to make discoveries and surveys, not thereby to acquire title, but merely to enable her subjects to select spots the most advantageous, to use the language of the convention, for the purpose of carrying on their commerce with the natives of the country, or of making settlements there." If this construction of the Nootica Sound Convention be correct—and the undersigned does not perceive how it can be questioned—then Vancouver's passage through the Straits of Fuca, in 1792, and Alexander Mackenzie's journey across the continent in 1793, can never be trans formed into elements of title in favour of Great Britain. But even if the undersigned could be mistaken in these positions, it would be easy to prove that Captain John Kendrick, in the American sloop Washington, passed through the Straits of Fuca in 1789, three years before Captain Vancouver performed the same voyage. The very instructions to the latter, before be left England, in January 1791, refers to this fact, which has bee❑ com municated to the British Government by Lieutenant Meares, who has rendered his name so notorious by its connexion with the transactions preceding the Nootka Sound Convention. It is, moreover, well known that the whole southern division of the straits had been explored by the Spanish navigators Elisa and Quimper—the first in 1790, and the latter in 1791. After what has been said, it will be perceived how little reason the British Plenipotentiary has for stating that his Government has, "as far as relates to Van • couver's Island, as complete a case of discovery, ex ploration, and settlement, as can well be presented, giv ing to Great Britain, in any arrangement that may be made with regard to the territory in dispute, the strongest possible claim to the exclusive possession of that island." The discovery thus relied upon is that of Nootka Sound by Cook, in 1778: when it has been demonstrated that this was first discovered by Perez, in 1774. The exploration is that by Vancouver, in passing through the Straits of Fuca in 1792, and examining the coasts of the territory in dispute, when De Fuca himself had passed through these straits in 1/92, and Kendrick again in 1789; and a complete examination of the western coast had been made in 1774 and 1775, both by Perez and Quadra. As to possession, if Meares was ever restored to his possessions at Nootka Sound, what ever these may have been, the undersigned has never seen any evidence of the fact. It is not to be found in the journal of Vancouver, although this officer was sent from England for the avowed purpose of witnessing sueh a restoration. The undersigned knows not whether any new understanding took place between the British and Spanish Governments on this subject ; but one fact is placed beyond all doubt, that the Spaniards continued in the undisturbed possession of N,,,,t1z. Sound until the year 1795, when they voluntarily abandoned the place. Great Britain has never, at any time since occupied this or any other position on Vancouver's Island. Thus, on the score of either discovery, exploration, or possession, this island seems to be the very last portion of the ter ritory in dispute to which she can assert a just claim. In the meantime, the United States were proceeding with the discoveries which served, to complete and con firm the Spanish American title to the whole of the disputed territory. Captain Robert Gray, in June, 1789, in the sloop Washington, first explored the whole eastern coast of Queen Charlotte's island. . _ In the autumn of the same year, Captain John Ken drick—having in the meantime surrendered the com mand of the Columbia to Captain Gray—sailed, as bad been already stated, in the sloop Washington, entirely through the Straits of Fuca. In 1791, Captain Gray returned to the North Pacific in the Columbia, and in the summer of that year exa mined many of the inlets and passages between the 54th and 56th degrees of latitude, which the undersigned considers it unnecessary to specify. On the 7th May, 1792, he discovered and entered Bultinch's harbour, where he remained at anchor three days, trading with the Indians. On the 11th May, 1792, Captain Gray entered the mouth of the Columbia and completed the discovery of that great river. This river had been long sought in vain by former navigators. Both Meares and Van couver, after examination, had denied its existence. Thus is the world indebted to the enterprise, perseve rance, and intelligence of an American captain of a trailing vessel for their first knowledge of this, the greatest river on the western coast of America—a river whose head springs flow from the gorges of the Rocky Mountains, and whose branches extend from the 43d to the 53d parallels of latitude. This was the last and most important discovery on the coast, and has perpe tuated the name of Robert Gray. In all future time this great river will bear the name cf his vessel. It was true that Bruno Haceta, in the year 1775, had been opposite the Bay of the Columbia ; and the cur rents and eddies of the water caused him, as he rema.rks, to believe that this was " the mouth of some great river, or of some passage to another sea ;" and his opinion seems decidedly to hare been that this was the opening of the strait discovered by Juan de Fuca in 1592. To use his own language : " Notwithstanding th 3 great dif ference between the position AlikeS Bay and the passage mentioned by De Fuca, I hliOnttle difficulty in con ceiving that they may be the stiine, having observed equal or greater differences in the latitude of other capes and ports on the coast, as I shall show at its proper time ; and in all cases the latitude th s assigned are higher than the real ones." Heceta, from his own declaration, hti er entered the Columbia ; and he was in doubt whettrar the open ing was a mouth of a river or an arm oal*sea ; and subsequent examinations of the coast fiy : *her navi gators had rendered the opinion universallha.t no such river existed, when ; Gray first bore the 4: l lperican flag across its bar, sailed up its channel for Awenty-five miles, and remained in the river nine days, trading with the Indians. The British Plenipotentiary attempts to depreciate the value to the United States of Gray's discovery; because his ship (the Columbia) was a trading, and not a na tional, vessel. As he furnishes no reason for thisAis ainetion, the undersigned will confine himself to the re mark that a merchant vessel bears the flag of her coun try at her mast.head,: and continues under its jurisdic tion and protection, in the same manner as though she had been commissioned for the express purpose of making discove4a. Besides, beyond all doubt, this discovery was made by Gray ; and to what nation could the benefit of it belong, unless it be to the United States ? Certainly not to Great Britain. And if to Spain, the United States are now her representatives. Nor does the undersigned perceive in what manner the value of this great discovery can be lessened by the fact that it was first published to the world through the journal of Vancouver, a British authority. On the con trary, its authenticity being thus acknowledged by the party having au adverse interest, is more firmly esta blished than if it had been first published in the United States. From a careful examination and review of the subject, the undersigned ventures the assertion, that to Spain and the United States belong all the merit of the disco very of the north-west coast of America south of the Russian line, not a spot of which, unless it may have been the shores of some of the interior bays a]d inlets, after the entrance to them had been known, was ever beheld by British subjects, until after it had been seen or touched by a Spaniard or an American. Spain pro ceeded in thi s wor k of discovery, not as a means of ac quiring title, but for the p u rpose of exam i n i ng an d sur veyini; territory to w hi c h s h e b e li eve d s h e h a d an incon testable right. This title had been sanctioned for cen turies by the acknowledgment or acquiescence of all the European Powers. The U n i te d S tates alone could have disputed thititle, and that only to the extent of the region watered by the Columbia. Th e S pan i s h an d American titles, now united by the Florida treaty, can not be justly resisted by Great Britain. Considered to gether, they constitute a perfect title to the whole terri tory in dispute, ever since the 11th of May, 1792, when Captain Gray passed the bar at the mouth of the Co lumbia, which he had observed in August, 1788. The undersigned will now proceed to show that the title of the United States, at least to the possession of the territory at the mouth of the Columbia, has been acknowledged by the most solemn and unequivocal acts of the British Government. After the purchase of Louisiana from France, the Go vernment of the United States fitted out an expedition, under Messrs. Lewis and Clarke, who, in 1805, first ex plored the Columbia, from its source to its mouth, pre paratory to the occupation of the territory by the United States. In 1811, the settlement of Astoria was made by the Americans near the mouth of the river, and several other posts were established in the interior along its banks. The war of 1812 between Great Britain and the United States thus found the latter in peaceable posses sion of that great region. Astoria was captured by Great Britain during the war. The treaty of peace con cluded at Ghent in December, 1814, provided that "All territory, places, and possessions whatsoever, taken by either party from the other during the war," &c. &c., " shall be returned without delay." In obedience to the provisions of this treaty, Great Britain restored Astoria to the United States ; and this is admitted in the most solemn manner, not only that it had been an American territory or possession at the commencement of the war, but that it had been captured by British arms during its continuance. It is now too late to gainsay or explain away these facts. Both the treaty of Ghent, and the acts of the British Government under it, disprove the allegations of the British Plenipotentiary, that Astoria passed " into British hands by the voluntary act of the persons in charge of it," and that it was restored to the United States in 1818, with certain well-authenticated reservations. In reply to the first of these allegations, it is true that the agents of the (American) Pacific Fur Company, before the capture of Astoria, on the 16th of October, 1818, had transferred all that they could transfer—the private property of tho Company—to the (British) North-west Company; bat it will scarcely be contended that such an arrangement could impair the sovereign rights of the United States to the territory. Accord ingly, the American flag was still kept flying over the fort until the Ist December, 1813, when it was captured by his Majesty's sloop-of-war Rackoon, and th• British flag was then substituted. That it was not restored to the United States " with certain well-authenticated reservations," fully appears from this act of restoration itself, bearing date 6th October, 1818. This is as absolute and unconditional as the English language can make it. That this was the intention of Lord Castlereagh clearly appears from his previous admission to Mr. Rah of the right of the Americans to "13a reinstated, and to the party in posses sion while treating on the title. If British Ministers afterwards, in dispatches to their own agents, the con tents of which were not communicated to the Govern ment of the United States, thought proper to protest against our title, these were, in effect, but mere mental reservations, which could not affect the validity of their own solemn and unconditional act of restoration. But the British Plenipotentiary, notwithstanding the American discovery , of the Columbia by Captain Gray, and the exploration by Lewis and Clarke of several of its branches, from thrfir sources in the Rocky Mountains, as well as its main channel to the ocean, contends that because Thompson, a British subject in the employment of the North West Company, was the first who navigated the northern branch of that river, the British Govern ment thereby acquired certain rights against the United States, the extent of which he does not undertake to specify. In other words, that after one nation has dis covered and explored a great river, and several tributa ries, and made settlements on its banks, another nation, if it could find a single branch on its broad waters which had not been actually explored, might appropriate to itself this branch, together with the adjacent territory. If this could have been done, it would have produced perpetual strife and collision among the nations after the discovery of America. It would have violated the wise principle consecrated by the practice of nations, which gives the valley drained by a river and its branches to the nation which had first discovered and appropriated its mouth. But, for another reason, this alleged discovery of Thompson has no merits whatever. His journey was undertaken on behalf of the North West Company for the mere purpose of anticipating the United States in the occupation of the Columbia—a-territory to which no nation, unless it may have been Spain, could with any show of justice dispute their right. They had acquired it by discovery and by exploration, and were now in the act of taking possessicn. It was in an enterprise under taken for such a purpose that Thompson, in hastening from Canada to the mouth of the Columbia, descended the north, arbitrarily assumed by Great. Britain to be the main, branch of the river. The period was far too late to impair the title either of Spain or the United States by any such proceeding. Mr. Thompson, on his return, was accompanied by a party from Astoria, under Major Stuart, who established a post at the confluence of the Okinagan with the north branch of the Columbia, about six hundred miles above the mouth of the latter. In the next year (1812) a second trading post was established by a party from Astoria, on the Spoken, about six hundred and fifty miles from the ocean. It thus appears that, previous to the capture of them by the British, the Americans had extended their posses "ins up the Columbia six hundred and fifty miles. The mere intrusion of the North West Company into this terri tory, and the establishment of two or three trading posts in 1811 and 1812, on the bead waters of the river, can surely not interfere with, or impair the Spanish Ameri can title. What this company may have done in the in termediate period until the 20th October, 1818—the date of the first treaty of joint occupation—is unknown to the undersigned, from the impenetrable mystery in which they have veiled their proceedings. After the date of this treaty neither Great Britain nor the United States ro,,en.raa,l any ant affpr'ine• their claims to the disputed territory. To sum up the whole, then, Great Britain cannot rest her claims to the north-west coast of America upon dis covery. As little will her single claim by settlement at Nootka Sound avail her. Even Belsham, her own histo rian, forty years ago, declared it to be certain from the most authentic information, " that the Spanish flag flying at Nootka was never struck, and that the territory has been virtually relinquished by Great Britain." The agents of the North West Company, penetrating the continent from Canada, in 1806, established their first trading post west of the Rocky Mountains, at Fraser's Lake, in the 54th- degree of latitude ; and this, with the trading posts established by Thompson—to which the undersigned has just adverted—and possibly some others afterwards previotis to October, 1818, con stitutes the claim of Great Britain by actual settlement. Upon the whole, from the most cazeful and ample ex amination which the undersigned has been able to be stow upon the subject, he, is satisfied that the Spanish American title, now held by the United States, embrac ing the whole territory between the parallels of 42 deg. and 54 deg. 40 min., is the best title in existence to this entire region ; and that the claim of Great Britain to any portion of it has no sufficient foundation. Even British geographers have not doubted our title to the territory in dispute. There is a large and splendid globe now in the department of State, recently received from London, and published by ,Maltby and Company, " manufa3turers and publishers to the Society for the Diffusion of Useful Knowledge," which assigns this ter ritory to the United States. Notwithstanding sueh was and still is the opinion of the President, yet, in the spirit of compromise and con cession, and in deference to the action of his predeces sors, the undersigned, in obedience to his instructions, proposed to the British Plenipotentiary to settle the controversy by dividing the territory in dispute by the 49th parallel of latitude, offering, at the sume time, to make free to Great Britain any port or ports on Van couver's island south of this latitude, which the British Government might desire. The British Plenipotentiary has correctly suggested that the free navigatioa of the Columbia river was not embraced in this proposal to Great Britain ; but, on the other hand, the use of free ports on the southern extremity of this island had not been included in former offers. Stich a proposition as that which has been made, never would have been authorized by the President, had this been a new question. Upon his accession to office, he found the present ne gotiation pending. It had been instituted in the spirit and upon the principle of compromise. Its object, as avowed by the negotiators, was not to demand the whole territory in dispute for either country ; but in the lan guage of the first protocol,." to treat of the respective claims of the two countries to the Oregon territory, with the view to establish a permanent boundary between them westward of the Rocky Mountains to the Pacific Ocean." Placed in this position, and considering that Presidents Monroe and Adams had, on former occasions, offered to divide the territory in dispute by the forty-ninth parallel of latitude, he felt it to be his duty not abruptly to arrest the negotiation ; but so f.tr to yield his own opinion as once more to make a similar offer. Not only respect fur the conduct of his predecessors, but sincere and anxious desire to promote peace and harmony between the two countries, influenced him to pursue this course. The Oregon question presents the only intervening cloud which intercepts the prospect of a long career of mutual friendship and beneficial com merce between the two nations, and this cloud he desired to remove. These aro the reasons which actuated the President to offer a proposition so liberal to Great Britain. And how has this proposition been received by the British Plenipotentiary? It has been rejected without even a reference to his own Government; nay, more, the British Plenipotentiary, to use his own language, " trusts that the American Plenipotentiary will be pre pared to off.r some further proposal for the settlement of the Oregon question more consistent with fairness and equity, and with the reasonable expectations of the Bri tish Government." Under such circumstances the undersigned is in structed by the President to say that he otves it to his own country, and a just appreciation of her title t.: - ) the Oregon territory, to withdraw the proposition to the British Government which had been mad© under his direction,; and it is hereby accordingly withdrawn.. In taking this necessary step the President still cherishes the hope that this long- pending controversy may yet be finally adjusted in such a manner as not to disturb the peace or interrupt the harmony now so happily subsisting between the two nations.—The under signed avails himself, &c., JAMES BUCIIANAN. The Right lion. R. Pakenham, &c. On Saturday last, J. D. Llewelyn, Esq., and a party of three or four friends, in a sporting excursion on the Penllergare estate, bagged seventy-four head of game in th course of a few hours.—Cambrian. BANKS AT BANBURY.—The old-established bank ing firms of Messrs. Cobb and Messrs. Gillett and Tawney have announced their intention of retiring in April next, the business being merged into one chartered banking company. The London and County Joint-Stock Banking Company havn announced their intention to open a branch at Banbury.— Oxford Journal. ~- TAR StlN, LONDON, WEDNESDAY MORNING, DECEMBER 31, 1845. LAW INTELLIGENCE. COO RT OF BANKRUPTCY, Dec. 30. (Before Mr. Commissioner SHEPHERD.) IN RE JOHN LOVEGROVE. This bankrupt who had carried on business as a barge-builder at Rotherhithe, came up for his last exa mination, and was opposed by the official assignee and Mr. Bagley, on behalf of the trade assignees, on the ground that his accounts were very unsatisfactory. I,lr. BAGLEY said that the accounts were so unsatis factory that justice could not be done if the examination was public. He therefore trusted that it would be ad journed in order to hold a private meeting. The bank. rupt had fired a petition in insolvency, and his schedule on that occasion was so materially different, that both could not be true. Mr. COOKE, for the bankrupt, contended that the present schedule was correct, and the bankrupt was entitled to present examination. The Learned COMMISSIONER agreed, but observed that the bankrupt came with a very bad grace to swear that the present one was correct, after having sworn to the truth of the other. There were such discrepancies that there were strong grounds of suspicion. The bank rupt would be examined, but if he did not answer the questions in a satisfactory manner he would be coal tnitted. The bankrupt then said he had began barge building with a Mr. Young, iu 1843, and on his own account in August, 1844. The partnership debts were paid, ex cepting 51., and his accounts were correct. Mr. Graham (the official assignee) said, there was only one book, and he had strong suspicion that that was fabricated. The Learned COMMISSIONER said he could Rot ad journ the examination to make it private, but he would adjourn it for a few days in order to hear evidence in support of the opposition. The case was accordingly adjourned. POLICE IN TELLIGEN CE. GUILDHALL. A young man, named TT iam I?obinson, was brought before Mr. Alderman Challis, charged with breaking into a shoemaker's stall, in Harp-alley, Shoe-lane, and carrying off all his tools and work. George Ayliffe, the shoemaker, stated that he resides in the, Old Bailey, but carries on his business at the stall, which has no communication with the internal part of the house, but was secured with a strong padlock. On the morning of the 23d he fourth that it had been broken open, and plundered, and after consulting with the police, he went into Field-lane, to; ascertain if any of his stock of old boots had been effereP there. While he was in the lane the primmer came up to him, and asked if he wanted to buy any tools. Wi:ness told him he did, and upon seeing the contents of the prisoner's bag, he recognised the tools as his own, with some additions. lie gave the prisoner into custod . i. There was another man in his company, who escaped. The prisoner had been remanded, that the police might make some inquiries about him. The prisoner's statement was that he was walking about the street all night in a state of diatress, and had the good luck to find the beg of tools lying in a corner in Farringdon-street. The prisoner had not been seen loitering about the neighbourhood. Mr. Aldnrman CHALLIS, finding the prisoner was net known to have been. in custody afore, concurred with Sir Chapman Marshall in punishing him summarily for not satisfactorily accounting for the posses.sion of the stolen property. The prisoner was committed to Bridewell for two months. Thomas Geary, an Irish labourer, was charged by Mr. Mortlock, the master of the East London Union Work house, with making himself wilfully chargeable to this parish, while he was able to maintain himself. The master stated that the prisoner came in on Sun day evening, and was accommodated with the casualty ward board and lodging, and upon searching him before ho left in the morning, Is. Ild. were found in his pockets. He was therefore given into custody as an idle and disorderly person, who being able to maintain him self, refused to do so, and became chargeable to the parish. He suspected that.he had been recently passed to Cork at the expense of the public, and the captain had given him a free passage back to England, that his passage homemight be paid a second time by the public. From conversations he had held with paupers, he be lieved this was sometimes done. The prisoner declared he had not been passed to Ire land before in the course of this year, though he wished to be passed now. He had been jobbing about, and the money found on him was the remainder of a half-crown which bad been given to him at Liverpool. He had lately been lodging in St. George's in the East, but the parish would not pass him. Mr. Alderman Cumfais asked the master if he was prepared to prove that the prisoner had returned after being passed by the City ?—The master admitted he could not. Mr. Alderman CHAU.Is thought a man might he a fit object for a night's shelter and a meal, who was not ab solutely pennyless, and the sum found on the prisoner. who was travelling about, was not so great, that he ought to be punished as an impostor. He had not worked or resided in the City so as to be entitled to a free passage home.--Lle was discharged. CLEfIKENWELL. John Walker, a tradesman residing in Gray's Inn lane, was charged with beating and wounding police constable 154 G, and Eliza, his wife, and with threaten ing to murder her. The evidence of the constable went to prove that between eleven and twelve o'clock on Saturday night he heard cries of " Murder," and s 'reams, proceeding from a bed-room in the prisoner's dwv.lling. He went there, anct upon r. s.avr him standing over his wife, who was tying prostrate, bleeuing from the head. He swore he •A,ould murder her. She had numerous marks of violence on her person—there were five wounds on her head and breast. The con stable advanced, and the prisoner aimed a desperate blow at his head. Fortunately the officer turned his head aside, but'the weapon descended with such violence on his shoulder as< to make him reel. Seeing that tha ,prisoner was bent.on murder, be struggled hard to wrest the poker from him, but before he could do. so, the pri soner jobbed it twice into the back of his head, pro ducing one severe, though not a de.ngerou4, wound behind his left ear. Assistance came, and the fellow was secured. The poker, which was produced in court, was consi derably bent from the violence of the blow which he inflicted on the officer. _ _ . The wife, who was very weak and depressed in spirits, said the prisoner had often threatened to murder her, and it was her firm belief he would, if not restrained, carry his threat into execution. Mr. BURRELL who presided, asked the prisoner what he had to say ? The prisoner surlily replied—" Nothing." Mr. BURRELL tined him 51, or two months' imprison ment, for the assault on the officer ; one month's im prisonment for the assault on his wire ; and to find sureties in 50L each, to keep the peace towards his wife. The half of a 51. Bank of England note has been re ceived from A. J., the donor promising to send the second half when the receipt of the first was acknow ledged in the newspapers. A man named Reed was charged before Mr. Burrell with a violent assault upon Miss Pretty, the daughter of a tradesman living in Camden-town. The prisoner vent into the shop of Mr. Pretty on the previous day, and tendered a bad half-crown in payment for some goods. It was refused, but unfortunately not detained, and the prisoner handed it over to his wife, who just then came in, and who would he said give her pod money. The prisoner then left the shop and joined a gang of four others outside. Miss Pretty then refused to let the woman have the goods. She had hardly said so when the prisoner ran in, and without further provo cation struck her a violent blow on the left ear ; the girl fell insensible from the effects of it. Her earring was broken, and there was a painfnl wound on the ear itself. The prisoner was fined IL, or one month's imprison meal. QUEEN-SQUARE. Charles Blundell, described as a barge• builder, was charged with the following gross misconduct: — From the e►i.ience adduced it appeared that the de fendant went, on Saturday evening, into Mr. Coultas's, the Wheatsheaf, Lower Grosvenor-place, and remained for a considerable time in front of the bar, during which he applied the most offensive language to th e proprietor. A solicitor, on the part of the defendant, expressed his client's regret at what had occurred, and tendered his apology for the language which had been used. Mr. Coultas did not wish to aggravate the case by any further observation, and Mr. BO?tll, having lectured the defendant severely upon the gross impropri€ty of his conduct, said that as he appeared deeply to regret his misconduct, and had made the utmost apology in his power, he should discharge him on his entering into his own recognizances to keep the peace for a twelvemonth, and his putting something into the poor•box. Defendant entered into the required recognizances, and unwillingly contributed half a sovereign to the cha rity fund. Mary Anne Harley, a coal-shed keeper, Duck-lane, was charged with selling beer without a license. The complaint, which had been laid by order of Mr. Bond, arose out of an alleged assault, committed by a man named Wilson upon Cornelius Callaghan. In the course of that inquiry it appeared that, at half-past 0110 on the morning of Sunday week, Callaghan and an:ac quaintance went to defendant's, and, in a back parlour, in which there were about forty people drinking, were served with a pot of beer, for which sd. was charged. Mr. \Voolfe, who attended on behalf of the defendant, and cross-examined the witnesses for the prosecution, submitted that it was small beer that she retailed at her shop, and that no sale had taken place in this in stance. Mr. BOND said he should take into consideration that defendant had not been before convicted, and tine her 21. The fine was paid. On Saturday 21. was received from Mr. Coultas, of the Wheat-sheaf, Lower Grosvenor-place, for the poor box. MARLBOROUGH-STREET. Messrs. Per, !, and Lance, pawnbrokers, No. 51, Old Compton-street, were summoned before Mr. Maltby by Charles M'Calban, of No. 15, Jewin-street, Cripplegate, for taking the sum of one penny more than lawful in terest for one month's use of 4s. The information was supported by three witnesses, Margaret Hezelton, William Andrews, and James Nicholson, who swore that sd. was demanded and taken for one month's interest on 45., the lawful interest being only 4d. Mr. Humphreys, who appeared for the defence, cross examined the witnesses very closely, and elicited se veral discrepancies. The witness Marpret Hezdton admitted that she had appeared as a witness for iSPCal lau several times, that she had been discredited fre quently, and that her wages from M'Callan were 3s. a day. Mr. Humphreys said, the contradiction he had brought out would, in his opinion, be a sufficient answer to the case, but as there were some circumstances connected with the information which the public ought to be put in possession of; he should proceed to produce his evi dence, and thus not only to afford a complete contradic tion on the merits of the case, but to shoes the motive which had originated the proceedings. James Wallace, shopman to Messrs. Perry and Lance, said, a few days ago M'Callan came into the shop and inquired for Mr. Perry. Witness said, he W Eiti Mr. Perry. The informer called him by an opprobrious epithet, and said, your name is Wallace. Witness said, in Mr. Perry's absence, he took Mr. Perry's place, and he should therefore be glad to be informed of his busi ness. M'Callan said, Oh, you know very well what I want. Witness answered, he really did not. Oh yes, you de, replied M'Callan.- Gentlemen of our profession must be supported, you know. M'Callan then pulled out a card, which he said contained the correct rates of interest, with a request that the card be given to Mr. Perry, adding. significantly, that the price was half-a• guinea. The value of the card might be about one half penny. Witness gave the card to Mr. Perry, and in a short time afterwards M'Callan came again to the shop and asked about the card. Witness told him he would be very plain with him. Mr. Perry had seen the card, and had, in reply to the message, told witness to tell M'Callan he would have nothing at all to do with him. M'Callan demanded the return of the card, but witness said he would keep it for his own satisfaction. M'Callan, after much abuse, left the shop, with a threat that Mr. Perry should soon hear from him again. The transac tion referred to in the present information took place after this occurrence. Witness recollected the pledge being redeemed, and would swear that only fourpence was taken as interest. The ticket now produced had fourpence marked on it in witness's handwriting. This endorsement was made at the time of redemption. M'Callan said the defendants had been summoned to this Court and fined for taking too much interest before. 'rho witness Wallace said his employers were sum moned by another common informer some months ago, and since that period ho had received strict instructions to lie very careful in charging correct interest. M'Calian asked to be — allowed to address the Court. He said he came forward as the protector of the lower orders, who were greatly imposed on by pawnbrokers. His attention had been called to the subject by a poor Irishwoman, who had been charged more interest than was legal, and he had resolved to take proceedings against all thoe he found offending. Mr. MALTBY said the evidence produced in support of the infurmation obliged him to dismiss the case. A second information for taking one farthing more than legal interest was next gone into,and sustained only by the evidence of Margaret Hezelton. The defence was not as complete as in the former case, es the ticket was not endorsed, and therefo're Mr. Hum phreys could.only,make a general denial of the allegation. 4. Under thecirCtimsto.nce — s of the case Mr. MALTn" it in flicted a fine of 205., with 2s. costs. MARYLEBONE. This being the day appointed for the re-examination of Frederick Willidrn Kelly, better known by the appel lation of Captain Kelly, the Court was from an early hour thronged with parties, who, owing to the publicity which had been given to the former proceedings, were anxious to obtain a sight of the prisoner. The prisoner being again brought up, another charge was preferred against him by Mrs. Oakey, for stealing a gold watch, value 50 guineas, from her house. Mrs. Oakey stated that she was a widow, and that one day in August last, awl while the prisoner was her lodger, she missed a gold watch from her trunk in her room, and was therefore much alarmed. The prisoner, on coming down stairs soon after the discovery of her loss, said to her, " You look very pale, what's the matter?" She then told him she had lost her husband's watch. He went away, and finding on the next morning that he had not returned, she went into his room, when she missed the razor she had lent him. Mr. Driscoll, pawnbroker, Lower John-street, Golden square, produced the gold case of a watch, pledged by the prisoner on the 4th of September last, for 31, in the name of John Wilson, 8, Boyle-street. Shortly after the pawning, he (prisoner), came again to the shop, stating that he had lost tho ticket, and upon his applying to witness fur a declaration to that effect, a printed form was delivered to him. Sergeant Gray produced the said declaration, which he found amongst other property, at the prisoner's apartments, in Boyle-street. Mrs. Oakey identified the case as being hers, and said that the watch of which it had formed a part had been in her family upwards of 40 years. Mr. RAWLINSON (to the prisoner)—l feel it my duty now to tell you, that you will be sent to Newgate for trial ; and that you are at liberty to say anything now or not, just as you may think proper. Whatever you do say will be taken down, and may be used either for or against you. You can now do as you like. Prisoner.—l know nothing about the watch. Mr. RAwLiNsoN read a letter which was addressed to him, the purport of which was, that a person answering the description of Kelly had some years ago obtained two valuable horses from parties living near Devizes. He represented himself to be a captain in the navy, and said that he was well known to Lord Grosvenor. Mr. Barden, a wine and spirit merchant at Chatham, stepped forward, and said that some time ago the pri soner and his so-called wife, took of Mrs. Richardson, Gad's-hill, Kent, a furnished cottage for three years ; the parties made their exit without paying any rent, and on their departure it was discovered that a great portion of the furniture had been broken up, probably for fire wood, and the loss thus sustained was somewhat serious. Another gentleman said that the prisoner had ob tained from slessrs. Storr and Mortimer a quantity of „ oprliPst onDortu nity of pledging; the tickets for the greater part mem"' were subsequently obtained from him. A number of tradesmen from the country, who had for the most part credited the prisoner for goods obtained from them by the most artful representations, were not sworn, inasmuch as it was no doubt considered that they had not exercised that caution in their dealing with the prisoner which they ought to have done. The prisoner was fully committed for trial upon three charges. At five o'clock he was conveyed to prison in the Go vernment van. Edward Plowman, footman to Mr. Grimble, distiller, Albany-street, Regent's Park, was placed at the bar, charged with having been concerned in stealing a quan tity of plate belonging to his master. The prisoner was remanded till Monday next. LAMBETH. After the night charges and the remanded cases had been disposed of, Benjamin Brown, the alleged railway projector. was placed at the bar, before Mr. Henry. for further examination on a charge of having obtained from Mr. Joseph Jacobs the sum of 451. in cas, and a bill of exchange, at three months' date, for 501. Mr. Games appeared for the prosecution ; and a clerk from the office of Mr. Humphreys attended on behalf of the prisoner. The evidence taken on Saturday against the prisoner, the particulars of which appeared in The Sun of yester day, having been read by Mr. Gunn, the second clerk, the prosecutor was sworn to its truth. In his cross-examination by Mr. Humphrey's clerk he denied that he had written out the agreement which had been represented by him on Saturday. He, however, admitted that, after writing it, the prisoner requested him to make a copy, as a counterpart, which was to be retained by the prisoner, and which he handed to the prisoner as soon ac he had written it. Mr. HENRY (to the witness)—You did not mention a word of this on Saturday ; you said nothing e about the existence of a counterpart of the agreement. Witness— No, sir ; I did not recollect it at the moment, ner had I been asked the question. Cross-examination:continued—The 501. he paid to the prisoner was in gold, and the prisoner upon that occa sion gave him 51. back, in advance of the salary he was to receive'; and also placed in his hands a bill of ex change for 95/. 10s., as a security. At this time he had not put his acceptance to the bill of exchange for 50/, but in about a week after he met the prisoner in the City, and he took him to the Swan with Two Necks, in Lad-lane, and there got him to accept the bill. Mr. Humphrey's clerk here submitted that there was no proof of any intention on the part of the prisoner to defraud the complainant, and that being the case, he had to apply for the discharge of the former. He would admit that the prisoner had 45/. in cash, and a bill of exchange for 50/. from the complainant, but then he placed in his hands as a security a bill of exchange for 951. 10s., and therefore the security held was larger in amount than the property parted with. Besides, the bill is not yet due. Mr. HENRY—It has been ascertained that the bill of which you speak is perfectly worthless, but that is not material. Here a representation is made by the prisoner that he is the projector of one or two railways, on one or other of which he engaged to give the prosecutor a situation. These railways he represents to have been regularly registered, and upon this last representation Jacobs is induced to part with his money and give his acceptance. Mr. Humphrey's clerk—No doubt he was induced to part with his money; but the question is, whether, until after the bill for 951. placed in the prosecutor's hands is actually due and dishonoured, any criminal proceeding could be taken against the prisoner. Mr. HENRY remarked that that would clearly be a question for the jury. Great alterations had taken piece in the old law as regarded the offence of obtaining under false pretences. There could be no doubt that any party making use of representations which they knew to be false, and by that representation obtaining money, the party would be liable to an indictment. In the present case the prisoner had represented that which he knew to be false, namely, that certain railways of which he had been the projector, were regularly registered, and by such representation had obtained from the prosecutor 451. in gold, and a bill of exchange for 501. more. It was quite clear, therefore, the case was one for the con sideration of a jury. Mr. Games observed that his Worship's view of the law, and the case was so clear, that he should not offer a single syllable respecting either at the present stage of the proceeding. He should content himself with calling one witness more, and after a brief examination he should pray his Worship to remand the prisoner to a future day. The Learned Gentleman here called Mr. Wm. Greet, who on Saturday represented himself as clerk to Peachey, an attorney, but' who wished to correct this representa tion by saying he was merely employed occasionally by Mr. Peachey as a copying clerk, and therefore was not a clerk in his office. This witness said he had called at the !proper office to register railway undertakings in Sergeant's Inn, Fleet-street, and requested that a clerk should attend at this Court with the books of registry, but was told that-no person from the office should, ettcnd, except in obedience to the request cer.._ 9 g., magistrate. Mr. Games applied for a summons for the cleric to { '- produce the books in question, as they would be abso-i lutely necessary, and the prisoner was remanded to a future day. On his (the prisoner) being removed from the bar, a young man entered the witness-box, and handing a large card to the usher in attendance, requested he would hand it to the magistrate. Mr. HENRY . upon looking at the card, upon which the name of Mr. Francis Aguilar was handsomely engraved, asked the person in the witness-box what he wanted? Aguilar replied, that he was brother to Mr. Aguilar, whose name the prisoner Brown had given on Saturday, as his master, and he had called to state that Mr. Brown had been employed by his brother in his offices at 4, Charlotte-row, illansion-house, and 43, Moorgate-street, and in the latter -place permitted him to occupy his own private rooms. Mr. HENRY—How has the prisoner been employed ? Aguilar (with considerable nonchalance)—The same as I have been—as railway inquirer. Mr. HENRY—As I don't happen to know what rail way inquirer means, be good enough to explain it to me ? Aguilar—Oh, merely to inquire into the respect ability of those who have applied for letters of allotment for railway shares. We have been employed on several lines for that purpose. Mr. HENRY—Be so good as to mention the particular lines. Aguilar—l have been employed on the Irish West Coast Railway, the Great Welsh Junction, and several Jamaica lines. Mr. HENRY-I perceive your card is without an ad dress. Where do you reside ? Aguilar—Oh, my re sidence is at 48, Frances-street, Newington. Mr. Games—Now, Mr. Aguilar, are you a railway projector ?—No, but my brother is. Mr. Games—Do you know of your own knowledge whether your brother or any other person projected such a line as the Prince of Wales's Oxford and London Rail way ? Aguilar—No, Ido not. Mr. Games—Have you ever heard of such a line at all? Aguilar—No. I have not; but I know this, that the prisoner gave my brother notice to leave his service on the 11th of next month, to attend to a line or two of rail ways which he was about to project. Mr. Games--Yes, which he was to project; but they are in embryo at present. Mr. HENRY—It has been stated that you had been a constable in the K division of police. Is that the case? Aguilar—Yes, your,Worship, I did belong to that force for a short time. Mr. HENRY—May I ask whether you left the force of your own accord, or lvid been discharged. Aguilar—l left of my own accord, sir. Aguilar then made his exit, HAMMERSMITH. James Hogan, Anne Hogan, his wife, and William Barry, who stand charged with having, by violence, caused the death of Edmund Connell, were brought up before Mr. T. Paynter, for final examination. Inspector Havell, T division, on the prisoners being placed at the bar, informed the magistrate that on Saturday last an inquest was opened before Mr.Wakley, M.P., Coroner, on the body of the deceased, at the Coach and Horses public house, High street, Kensington, the jury at which directed him to apply to the magistrate to issue an order for the prisoners to appear before them, for the purpose of identification by the witnesses at the resumption of the inquiry on Wednesday next, to which day it stood adjourned. Mr. PaiNTER told the inspector to give his (the magis trate's) respects to the jury, and tell them that he sho .1d readily meet their views if it were in his power to do so, as he should always be disposed to pay great attention to a request coming from a jury, but that, in fact, he had no more power to send a prisoner before a coroner's jury than to send him to any other part of the kingdom. The only power of a magistrate in that respect was to order any prisoner brought before him to the proper place of confinement, of which the choice did not rest with the magistrate. In case of a remand, indeed, the magis trate, instead of making the committal final, may couple it with a direction to bring up the prisoner again for further examination, but when he has once finally committed a prisoner his power over him en tirely ceases. He further thought that unless the ends of justice imperatively required it, the prisoner would be put to great and endless pain and annoyance by subjecting him to a second preliminary examination. It struck him that there was a great deal of misconception as to the proper province of a coroner's jury, which is simply to inquire into the must of death, without reference to a charge against any individual, over whom, in fact, nei ther the jury nor the coroner have any power, before their verdict be given, and then, indeed, the coroner has power to issue his warrant. The inquiry by the coro ner's jury was, in its institution chiefly fiscal, the object being to ascertain what rights had accrued to the Crown. The depositions of the witnesses were then taken. The substance of the evidence appeared in our edition of Thursday last. The prisoners declined saying anything. Mr. PAYNTER said he should commit the prisoners for manslaughter. They were then committed to Newgate for trial. WANDSWORTIL Frederick Fitzgerald, a young man about eighteen years of age, was finally examined upon a charge of stealing a silver watch, a purse of money, and other pro perty. William Smith, a plasterer, living at No. 14, Union road, Clapham, stated that the prisoner, who was also a plasterer, lodged in the same house, and shared com plainant's bed. On the night of the 18th prosecutor re tired to rest, hanging his watch up, as usual, at the head of the bed, and depositing his trousers at the foot. In his trousers' pockets were a purse containing 7s. 41. in silver, and a pocket-knife worth 4s. About four o'clock the next morning he was awoke by the prisoner getting out of bed. He saw him go to where his trousers lay, and apparently look for something. The prisoner after wards returned to the side of the bad, and prosecutor felt „ ri watched the prisoner leave acres, his kitchen, in which he stayed two or three minutes, and then returned to bed. , He lay still for a short time, and then threw something towards the fire-grate, which, by its fall, prosecutor knew to be his purse. He was now convinced he had been robbed, and no longer simulating sleep, jumped up, struck a light, and called up the land lord, into whosa charge he gave the prisoner whilst he went for a constable. The watch was afterwards found in the prisoner's pail in the back-kitchen, and the purse in the grate. - The prisoner was fully committed for trial. 7 1 1-I.A 411 E S. Edward Walker, 19 years of age, was brought before Mr. Broderip on remand, charged with burglariously breaking into the house of Mr. John Sanderson, oil and colourman, in the night time, and stealing property to the amount 0f.20L therefrom. , It appeared from the evidence that the prosecutor went to bed at one o'clock on the morning of Sunday, the 21st instant. At that time the fastenings of the house were all made secure with the exception of the kitchen-shutter, which Mr. Sanderson would not speak to positively, but he knew the window was down. The same morning, at eight o'clock, the prosecutor's female servant called him, and said the house had been robbed. Mr. Sanderson dressed himself immediately, and found that some person had effected an entrance by the kitchen window. In the cupboard behind the shop a mahogany cupboard had been forced open, and the prosecutor missed a silver jug, a gravy spoon, three dessert spoons, three table-spoons, seven tea-spoons, two pairs of sugar-tongs, and other silver articles, Tho till in the shop had also been wrenched open, and a few shillings in silver and copper moneys abstracted. The proSecutor also missed from the parlour a large mahogany work-box. By the activity of the police the prisoner was traced. On the morning the burglary was committed, about half past four o'clock, Plowrite, a police-constable, 106 K, saw three men come over a wooden fence into King-street, Poplar, from Mr. Holly's-field, adjacent to the Black wall Railway. Plow rite was enabled to swear that the prisoner was one of the persons. The prisoner was taken into custody. In defence he said he had been working for his grandfather since the 9th instant, and slept in his house on the night of the burglary. Ultimately Mr. Broderip committed the pri soner for trial, and gave directions that the records of former convictions should be produced at the Central Criminal Court. MARKET NEWS.-(YESTERDAY.) SAT 112831.31kET5. SMITHFIELD.—Meadow Hay, 3/ 5s to 4/ 8s ; Clover ditto, 41 53 to 5/ 15s; Oat Straw, 1/ 8s to 1/ 108 per load. Wheat Straw, 1/ 105 to 1/ 13s per load. A fair average supply, and a steady demand. CUMBERLAND.—Meadow Hay, 31 8s to 41 10s; Clover ditto, 4/ 5s to 6/ 12s ; Oat Straw, 1/ 10s to 11123 per load. Wheat Straw, 1/ 12s to 11 145 per load. Trade dull, at the above quo t ation3. WHITECHAPEL.—Meadow Hay, 3/ 8s to 4/ 85 ; Clover ditto, 4/ lOs to Si 155; Oat Straw, I/ 8s to Il 10s ; Wheat Straw, 11 10s to 1/ 13s per load. Supply good, and trade dull. (From the London New Price Current of Dec. 30.) The Colonial markets having been closed since Wednesday last, we have few transactions to report; but they will be re-opened on the 6th of January. A fair quantity of Produce has come in since this day week, and several ships have arrived off the coast, chiefly from the East Indies. SUGAR.—The stock of British Plantation is now 14,056 hhds and tierces, which is 1,101 less than last year at this time. The stock of Mauritius is 35,434 casks and bags, which is 3,518 more than last year. The stock of Bengal and Madras is now 94,183, which is 20,0E5 less than last year. The stock of other East India sorts is now 31,476, which is 89,659 bags less than last year. The delivery of British plantation was 1,078 hhds and trcs, which is 358 less than last year. The delivery of Mauritius was 2,835 casks and bags, which is 1,307 more than last year. The delivery of Bengal and Madras was 3,247 casks and bags, which is 1,206 less than last year. The delivery of other East India was 296 bags, which is 4,478 less than last year. REFINED.—There was a better desire manifested by the home trade to purchase Refined goods, and several parcels were disposed of. There is still only a moderate quantity of Refined Sugar being produced, and prices are low in com parison with those that prevail for the raw article. Of Pieces many parcels have been sold and prices are firm. Bastards are at present little wanted, and lower rates are taken. Treacle has been in good demand at firm rates : boiled from West India Molasses selling at 21s to 225, patent 22s to 235, and golden syrup 23s to 25s per cwt. The consumption continues to be large. The market for bonded crushed Sugar has a dull appearance and lower rates have been taken, sales to a small extent having been made at 33s 6d to 343 per cwt for first quality. The market will be much better supplied shortly. Treacle has moved off slowly at 14s. In the value of Dutch crushed Sugar little variation has taken place. Belgium has been purchmed with caution at 30s to 335. The business transacted in loaves made here under bond is extremely limited, prices looking down. FOREIGN.—There are still very few orders for yellow Iravannah Sugar, and merchants experience difficulty in keeping, up prices. Brown Brazil has been purchased with much caution by exporters and our refiners working under bond, and prices are still drooping. White is neglected, and is upon easier germs. In other descriptions of Foreign there has been scarcely, any ,basine63,trausacted, and the tendency piites still downwards. . - COFFEE.—The stook of West India at this port exhibits the great deficiency of 695 casks and 1,702 b!ls and bags in comparism with that of 1844 at this period. A stronger de.- sire has been manifested to purchase all descriptions, and privately several parcels have been disposed of at pries rather above those previously quoted. Holders of all kinds of East India have confidence, and continue to supply the market scantily. For Native Ceylon the demand has in creased, and an advance in prices occurred, good ordinary pale fetching 49s to 50s per cwt. In Plantation the opera tions have been upon a more extended scale and at rather higher rates. Mocha of common and middling quality is dull of sale, but good and fine kinds are wanted. There are at prQscnt not many buyers of Java, but holders show firm . - ness. Other East India kinds are still attracting little at tention, but merchants are not disposed to further reduce their prices. Rtm—Holders of Bengal have been less inclined to realise, and refrained from offering any at auction : there has been a better desire shown to operate privately, and the parcels dis posed of were upon former terms. In Madras there has been rather more done. Java is held for the former value, but there has been little business transacted. Cleaned Rice is little wanted, 20s to 26s is the value of Patna, and 36s to 40s per cwt for Carolina. Sago Flour has been purchased with caution, but in Potato Flow large purchases made. Tapioca and Arrowroot have beecn purchased with caution, and prices are Woking down. - - TEA.—'There has been a good business transacted in C ngou, and the lower descriptions have brought stiffer rates, wbiist the better kinds fully sustained the former currency. Poucliong has been sold to a fair extent ; but prices keep low. Twankay is held with firmness, and is wanted. Molders of llyson are unable to obtain better prices. In Young Hyson a fair liminess has been transacted upon former terms. For Gunpowder prices do not improve, but the demand is on the increase. Of Imperial, several parcels have been sold. For Caper prices keep low, but the demand is on the in crease, In scented Orange Pekoe the business transacted has not been of much moment, but the rates insisted upon for good and fine are 2s 9d to 3s per lb. In other descriptions of Tea the operations generally have been upon a more extended :icale, and at prices difFerin4 from those previously quoted. Spxnrrs.—Jamaica Rum is held with firmness;but there is only a moderate business transacted. Leeward Island can not be obtained upon lower terms, but the business done has been limited. Demerara has been purchased with caution. For Calcutta the demand has been only for small parcels at Is lid to 2s per gallon proof with certificate. The market for Brandy has a firm appearance, and a fair business trans acted. Geneva for exportation has been sold at 2s to 2s 2d for common quality. Hors.—Tha transactions have been to a fair extent, and at prices differing little from those previously quoted. Middle Kent Bags met with the most attention, and of such the stock in first hands is much reduced. SALTPETItE.-11olders of Rough show firmness, and bought in the whole of 3,670 bags at public sale, at full rates. English Refined lrls been in good demand at 30s 6d to 31s. The va lue of Nitrate of Soda i. 9 14s to los per cwt, but there are few buyers to be met with. • COCHINEAL.—HoIders are less inclined to realise, and have refrained from offering any at public sale ; privately a fair bw4ness has been transacted, but not at better prices. INDIGO.—East India has been purchased with caution by the home trade, and there are very few shipping orders of any description : those parties that are inclined to realise have been compelled to submit to a decline on the rates of the last quarterly auctions of 5d to 6d per lb for Bengal ; Madras and Kurpali, from the short supply, are however nearly bring ing the prices of that period, but the demand is still limited. The quantity of East India declared for the 20th of January is 6,906 chests. 11%.0 DYE.—There are sellers upon rather lower terms, but the demand has been only for small parcels ; common quality at 5d to 7d, middling 8d to ls, good is 2d to is Bd, fine is Pd to 2s 6d per lb. TALLow.—Holders have confidence on account of the great deficiency there is in the stock compared with that of last year, and the large consumption there is going on; the trade are still inclined to increase their stocks, and the rates given have been rather higher for Russian. There has been a good demand from the town and country trade on the spot. For forward delivery many contracts have been entered into at 42s for January, and 42s 31 to 42s 6d per cwt for February and March. Home made Tallow has been in excellent re quest at 42s to 42s 6d nett cash. CIIICORY.—There has not been much business transacted, the value is 54s to 56s per cwt, duty paid, and root .91 to 101 per ton in bond. OILS.—The low rates that prevail for all descriptions of common Fish Oils cause holders to be less inclined to realise, and they have refrained from offering any at public sale. Of Cod several parcels have been disposed of at 261 to 26l lOs per tun. In Southern the operations have been upon a more extended scale, but not at better prices. Seal has been dis posed of to a fair extent, but holders are unable to obtain any advance in prices. Sperm is not offered at any further de cline in prices, but the trade has been cautious in their pro ceedings. Linseed Oil has been in extensive request on the spot at 24s Gd to 25s per cwt, and for forward delivery many contracts have been entered into at 25s Gd to 265. Rape Oil has been in good demand, and. the supply being small prices keep firm. In Cocoa Nut purchases to a fair extent have been made upon former terms. Palm is held with firmness. In Olive a .good business has been transacted, and in conse quence of the smallness of the stock, holders manifest much firmness. Lard Oil has been purchased with caution at 401 to 431 per tun. TIJ RPENTINE.—Rough has been in good demand at 13s, and at which a large parcel has been disposed of. Spirits have been purchase with more freedom, and stiffer rates are given. THE QUARTER OF A MILLION LEAGUE FUND.--- Since our last—that is, during Wednesday and yesterday. for Christmas-day was a general holiday here—in two days, then, the subscriptions to this fund have been increased r,v upwards of three thousand pounds, the total amount, whi:ll on Tuesday evening reached 61,895/., having been aug mented yesterday to upwards of 65,0001. Manchester Guardian. The good service pension of 3001. per annum, which reverted to the Admiralty on the death of Admiral Sir Charles Rowley, Bart., is conferred on Sir William llotham, G.C.8., Admiral of the White.—Hampshire Tele graph Zft DARING HIGHWAY ROBBERY NEAR WAKEFIELD. —On Christmas-day a gang of highway robbers attacked Mr. Whitton, of Wakefield, artist, at Red Beck, near Crofton, on the Wakefield and Doncaster road, and robbed him of his purse containing about 335. in gold and silver and some minor articles. Mr. Whitton was walking t o wards Wakefield, about six o'clock in the evening, when he met a party of six or eight men at Red Beck, one of wh om an arms, .and seized 111 r. holding his legs and rifling his pockets, while others pro= • ceeded a little distance on the road apparently for the pur pose of looking out. One villain pulled Mr. Whitton's head violently backward and attempted to force dirt into his mouth, another brandished a stick over his head, but on ob taining their booty they left isbn without further mal treatment. It is supposed they were a party of poachers. With a gang of this desperate character at large it is highly necessary that the police of the district should be on the alert, and travellers will do well to arm themselves if obliged to travel after sunset. [ADVERTISEMENT.] —Deafness and Defective Vision Rellieved.—The undermentioned sent into the country free by post. —39, Albemarle-street, Piccadilly, and 25, South Cas- , tle-street, Edinburgh.—Acoustic Instruments.—lnvisible Voice Conductors, when fixed in the cavity of the ears, are not un comfortable, nor more perceptible than having a small piece et wool in its place. They enable individuals at an advanced age, and of extreme deafness of 40 and 50 years' standing, instantly to join in general conversation, and to catch the sound of a distant low speaker at church, theatre, &c. They pour the conversation into the ears to such an extent that in the most severe cases deafness cannot be observed. Also, original Ear Cornets, French, German, and Spanish Artificial Ears, and Improved Hearing Trumpets of every description. Many -of those instruments have received the approbation of the Royal Society and Royal Institution of Great Britain. The newly-invented Spectacles, immediately they are placed before extremely imperfect vision, it is brought to its youthful, natural, and original state. Also, Achromatic Telescopes, Opera Glasses. Microscopes, &c. Caution—Messrs. S. and B. Solo mons, Opticians, are not in any way connected with a person of the same name in their immediate neighbourhood, nor in any part of the country. To prevent mistakes, be cautious, and Observe—Only to be had at 39, Albemarle-street, Piccadilly. opposite the York Hotel, and 25, South Castle-street, Edin burgh. CHRISTMAS PRESENTS.—The present is hallowed by one of the most delightful offices of friendship and affection ; the interchange of gifts as remembrances of the donors, and tokens of their esteem for the receivers. The most appro priate present becomes the first subject of consideration ; a merely useful one can afford no evidence of taste, while a pre sent possessinE no claims to utility, shows a want of judgment. To combine these requisites, a more fitting souvenir cannot be suggested than Rowland's Toilet Articles, the Macassar Oil, Kalydor, and Odonto, each of infallible attributes. In creating and sustaining luxuriant silken tresses, Rowland's Macassar Oil is highly and universally appreciated ; Rowland's Kalydor is a preparation of unparalleled efficacy in improving and beauti fying the Skin and Complexionßowland's Odonto, or Pearl Dentifrice, is invaluable r.r its beautifying and preser vative effects on the Teed. and Gums. The august patronage conceded by our g-acious Queen, and the several Sovereigns of Europe, together with the beauties which adorn the circles of princely and regal magnificence, and the confirmation by experience of the infallible efficacy of these creative renovating specifics, have characterised them with perfection, and given them a celebrity unparalleled. [ADVERTISEMENT.] —AN AUTHENTICATED CURE or A FEARFUL CASE Or PILES, ET HOLLOWAY'S PILLS AND OINTMENT !—John Thompson, Esq., the very respect able editor of the Armagh Guardian, an Irish newspaper, vouches as to the fact of an extraordinary cure of a case of piles, of a most distressing nature, and of some years' standing, which was effected by these medicines when every other means had failed. The person alluded to is a gentleman of large estate and great influence in the County of Armagh. No one need suffer very long from piles, fistula, and what is termed " a bearing down," if they have recourse to these far-famed remedies. Sold by most of the respectable chemists throughout the civilised world, and at Professor Holloway's Establishment, '244, Strand, London. BIRTHS. On the 27th inst., in Portland-place, the Countess of March, of a son and heir. On the 26th inst., at Clifton, the Lady Teignmouth, of a daughter. On the 24th inst., the wife of John Scott, Esq., surgeon, High-street Camden-town, of a son. On Christmas-day, at the Vicarage, Chatteris, Cambridge shire, of a son, the lady of the Rev. M. A. Gathercole, Vicar of Chatteris. On the 25th inst., at Weimer, the lady of Major Wade, C. 8., 13th (Prince Albert's) Light Infantry, of a daughter. On the 25th inst., at Upper Norwood, the wife of H. E. Goodhall, Esq., of a son. On the 27th inst., at Fenton House, Hampstead, the lady of Thomas Turner, Esq., of a daughter. MARRIED. On the 23d inst., at Coggeshall, Essex, Richard Archer Wallington, solicitor, Warwick, to Emily Marianne, youngest daughter of the late Mr. Swinborne, of Coggeshall. On the 27th inst., at Christchurch, Argyll-square, Henry Bateman, Eq., of Islington-green, to Elizabeth Helen, eldest daughter of Bernard M. Senior, Esq., of Compton Lodge, St. Elizabeth, Jamaica. DIED. On the 24th inst., at the Rectory, Settrington, Yorkshire, the Rev. Henry John Todd, M.A., hector of Settrington. On the 22d inst., at Ramsgate, Mr. John Powell keall. On the 23d inst., at Guernsey, Miss Elizabeth Le Marchant. On the 25th inst., Eliza Ashton, the wife of J. Beardmore Wathen, Esq., of Torrington-square. On the 26th inst., at Bancroft's Hospital, William Dan ford, the infant son of the Rev. R. Thomas. On the 26th inst., at Brixton-hill, Surrey, William Crookall Hooper, Esq., aged 81. On the 27th inst., at Elizabeth•place, Westminster-road, George Medley, Esq., aged 76. London! PrilitTl and Puhliithed by 311.:RD0 YOUNG, cf No. .Strand,. Printer, at The Sun Office, No. .112, 'Strand, in the Precinct of the Sayoy, in-the County of Middlesex, Wednesday, December 81, 1845.