The Sun. — London, England, 1839-01-14 00:00:00

(6077 . -A. +illi' 1.4:) 17 - ,7,L A (...., 1 P;Dr,3i3L,,t ,( .4 ) 1 ( ' Y ~ ;; `~~~~~ 1 ~' GH WATER AT LONDON BRIDGE TO-MORROW. ..... minutes after 21 Evening SO minutes after 2 ruhlication of Tau Sox NEWSPAPER commenced this day at 30 minutes past Three o' Clock. „ ' . _ , \ -14; • • 1. "7,:iTto 14 alf NJ ZT)v fll:I. WITH WHICH THE " TRUE SUN" IS NOW INCORPORATED. LONDON: MONDAY EVENING, JANUARY 14, 1839. We ,said on Saturday that the Corn-law question was the trial of the Ministers and the Parliament. Further reflection has only convinced us of the truth of the remark. Unsupported as the master-manufac turers are by their own working population, it seems to us doubtful whether they can succeed, however well they may combine their operations, unless the Government, convinced by the statements of the Man chester manufacturers, shall throw its weight into the scale. In 1812 the manufacturers succeeded, it is true, when they were not so powerful as at present, but then they were not opposed by the landed interest. The recal of the Orders in Council was a question betwixt them and the Administration of the day, and the landowners were neutral if not favourable to the recal. The great Whig party then in oppo sition were one and all favourable to the recal of the Orders in Council. From the time of their being first issued in 1808 to 1812, they were continually and re peatedly condemned in both Houses of Parliament, Lords GRENYILLE, AUCKLAND, and GREY, taking the lead in the Peers, and Mr.WH I TB REA D, Mr. Tr ER.. NEY, and Mr. BROUGHAM taking the lead in the Com mons. The motions on the subject were numerous and the debates frequent ; and the petitions from every com mercial And manufacturing town in the empire were incessant. Not one petition, we believe, was presented in their favour ; and the arguments of the manufacturers were strongly enforced by considerable distress in the manufacturing districts: leading !o numerous riots and outrages. At present no political party supports the manufacturers ; their own Representatives chiefly vote for them, while the bulk of the landed interest, and almost all the Tories, because the fate of the Church is at issue, are against them, and are moving to get up petitions in favour of retaining the Corn-laws. The cases therefore of the repeal of the Corn-laws and the recal of the Orders in Council in 1812 are by no means similar, and the manufacturers can hardly expect to succeed by con fining their exertions to the proposed plan of getting a hearing at the bar of the House of Commons. The decision of this question will be in the hands of 'Ministers, and on them will rest the awful respon sibilty of continuing these starvation, murderous laws or of putting an end to them. In particular, a vast and awful responsibility will rest on that Member of the Cabinet, who is also Member for Manchester, to whose department this question particularly belongs. If he have made up his mind in favour of the repeal, he will be more contemptible than the meanest wretch that crawls, if he do not quit the Cabinet which will not carry his views into effect. If he have made up his mind again the repeal, he is most unfit to repre sent the great eCtnmercial community which now sends him to Parliament. If he have not made up his mind on such a vital question, then is he as wholly unfit to be a Member of the Cabinet as he is to represent Manchester. He cannot, 2 . 0 d the Cabinet cannot, shirk this great question, or pretend to be neutral on it, without giving up all claim to the character of a Government, and confessing that they are a set of men who preserve office for its emoluments, and thrust themselves into high i places while they will not perform the duties belonging to them. We certainly shall not silently allow the Ministers to follow a doubtful and undecided course ; and being thoroughly convinced that the decision of this great question now rests with them, and that they will be responsible if it be not carried as the manufacturers wish, we call on all the manufacturing and commercial towns, who are the great supporters of the Ministers—we call on all who are favourable to the repeal of the Corn-laws _-to convey to Ministers their opinions on the sub ject, ,and assure them that they must never look for any support from any of those towns if they do not step boldly' forward and throw their weight into the scale of the Abolitionists. This is for the manu facturers, and for the public peace, a question of life or death ; it is a question between honesty and robbery ; between all the hard-working and intelligent town population and the taxing, plundering, men and-women-starving, idle landlords ; and the whole of the town constituency of the empire will be traitors to themselves if they do not at once inform the Minis ters that they must choose betwixt the support of the town population and that of the Devil's laws. It is the business of the towns to convey to Ministers, through Mr. PO ULETT THOMSON, that information of the working of these laws, of which he seems so much in need ; and it is their bounden duty to them- selves to instruct their Representatives to oppose the Ministers, if the Ministers are resolved, in defiance of all principles of honesty, morality, and justice, to support the landed interest. If the Ministers are on trial, this question will also be decisive of the fate of the House of Commons. Broadly, openly, and loudly is it declared in the country that this assembly represents only a class— that it sacrifices the public good to enrich a few indi viduals—that it deserves no confidence, and that no good laws can be hoped for till Universal Suffrage have wholly changed its character. It can refute those opinions, by sacrificing the supposed pecuniary inter ests of its Members to the public welfare, and allowing honesty to triumph over selfishness. If it do not refute them, its character will be gone for ever, and thousands of wealthy and respectable men will become Chartists on principle. The question is an experimentum crucis, both for the Ministers and the reformed. Parliament. The vital nature of this question is, we are glad to see, recognized by other towns as well as Manchester, Glasgow, and Leeds ; Liverpool is stirring, Maryle bone has spoken, Finsbury and Lambeth are coming forward, and, ere the Parliament assembles, we hope to see such a demonstration as will convince Viscount MELBOURNE that he must take a decided course. By our Queen's Bench report our readers will ob serve that the Canadian prisoners were brought up this morning. Two of the returns were road : one, in a case in which, according to the return, there was a regular trial before Justices of Assize, and a con viction and sentence ; the other, a case in which there was, indeed, a sentence, but which was peculiar in this respect, namely, that it was passed upon the confession pf the prisoner, without a trial ; but it appeared that an Act was passed by the Colonial Legislature to authorise this mode of proceeding. Of the competency of the Colonial Legislature to pass such an Act there c:.: 1 be, we presume, no question. It consequently- appears that the fate of the prisoners is certain, and that they must undergo the sentence of the law, subject to such modifications as the Crown, in the exercise of its mercy, may consider expedient ; and this, we believe, is the prevailing opinion in Westminster Hall. The case, however, underwent no discussion upon the merits; for the ATTORNEY-GENERAL, immediately after the two returns were read, stated that he intended to meet the cases by an objection to the jurisdiction of the Judge, who, according to his argument, had no authority to issue these writs in vacation. He stated that his Learned friend admitted that these writs were issued, not under what is commonly called the Habeas Corpus Act, but under the common law authority of the Judges, and he denied that the Judges had any authority to issue them in vacation. If a writ of habeas corpus was required out of term, the application should be made to the LORD CHAN CELLOR. This is obviously a most important question, and we recommend the people of England to look well to it. It appears that the Judges have in fact, either with or without authority, been in the habit for more than two centuries of issuing these writs in vacation, and, as the LORD CHANCELLOR is a political Judge, removable at the pleasure of the Crown, and the Common-Law Judges are not so, it_ is evidently desirable that this jurisdiction should remain with them. They have themselves to decide upon their jurisdiction, and to-morrow will deliver their judgment. The Times of this morning recommends strongly that the whole education of the country should be placed under the control and inspection of the State paid priesthood. Our Contemporary seems to be sud denly converted to the doctrine of the fifth-monarchy men, and to be prepared to substitute our Lord JESUS CHRIST for her Majesty the QUEEN, the priests of course being the Lord's Ministers, and adding political to religious power. The passage is so curious that we must preserve it : According to that legalized identity of Church and State, whereby every individual of this realm is held to be subject to the Lord Jesus Christ, it is the province and right of our Ec clesistical Establishment to superintend and regulate the edu cation of the nation, not in religion alone, but in general knowledge, as ancillary to it; and of this fact, illustrated by the practice of ages, we have abundant proof in the legal and exclu sive control which the Church possesses over the National Uni versities, as well as the chartered and parochial schools of the country. This, we say, is not only the theory and practice of our mixed Constitution, but admits of ample justification, from the desirableness of having a qualified order of men responsible for the Christian and Protestant character of our national education—from the necessity of insuring the dissemination of sound knowledge in contradistinction to sectarian ab - absurdities and extravagancies—from the expediency of main taining a proper and equal standard in regard to the attain ment of schoolmasters—and, finally, from the manifest pro priety of extending to the rising generation the same sort of defences against the irreligious poison of central boards and educational quacks as our chartered medical colleges are meant to afford against the doses and drugs of unaccredited practi tioners. We are surprised at the recommendation of the Times, because that Journal demonstrated a few days ago that the state-paid priests had corrupted, by their Puseyism, that nice young man, Mr. GLADSTONE, and had converted him to tradition and Popery. Will the Times satisfy the public that the clergy, if they get hold of all the education of the country, will not pervert the multitude as they now pervert Members of Parliament ? Our Contemporary, who is a stanch anti-Puseyite, will hear, no doubt, with deep regret that the Archbishop of CANTERBURY does not agree with him. In Tuesday's Sun we asked what the Archbishop was about ; and in reply a Correspondent sends us the fol lowing information : The Rev. Mr. Harrison, the intimate associate and right hand man of Dr. Pusey, was three months since made Private Chaplain to the Primate. You will remember that Dr. Howley refused to listen to the appeal of Dr. Hampden, who was run down by the pro-Papist party because of his being a better Protestant than themselves ; rely on it that this was the cause of their hostility ; they have been Jesuitically working for several years, and Dr. Hampden's appointment was ob noxious, not merely on account of his Liberalism, but from the obstacle it created to their plans. . The answer then is that Dr. HOWLEY is aiding and encouraging Dr. PUSSY, in his efforts to re-con vert the nation to Romanism. Place the whole edu cation of the people in the hands of the priesthood, and we should have an Inquisition established in less than half a century. In another column will be found the plan of Corpo ration Reform for the City of London, which, after much consideration, has been adopted by the Associa tion whose proceedings we have had much pleasure in laying from time to time before the public. The plan, as it now appears in its matured form, is such as ought to satisfy every person who is desirous of seeing the great principles of po pular election and representative responsibility com pletely exemplified, without any risk of being followed by the dangerous consequences which some persons apprehend from too great an extension of the suffrage. The triennial election of the Aldermen, the elec tion of the Mayor by the general voice of the Common Hall, without a veto on the part of the Aldermen, and the abolition of the Court of Alder men in the inner chamber, with the transference of its functions to the Court of Mayor, Aldermen, and Commons, are improvements called for no less by the enlightened spirit of the times than by plain common sense. The mode in which it is proposed that the Magisterial office shall he filled, is also a great improvement on the present system, and has this advantage, that it is in conformity with the tenor of a general Act for tl►o Reform of the English Corporations. We have not space to enter into a detailed discussion of the vi►rious clauses of the new scheme ; nor, indeed, is it necessary, as we have on former occasions stated our opinion of the proposed alterations. We shall therefore only add, that the community are greatly indebted to the City of London Corporation Reform Association for their unwearied exertions in forwarding this highly important question—important, not to the metropolis only, but to the cause of general reform. The Paris Journals of Friday and Saturday have all been received, together with a report of the debate in the Chamber of Deputies on the Address, which will be found elsewhere in The Sun. To the no small sur prise of all parties, the first division of the Chamber on an important amendment upon the first paragraph of the Address, gave the Ministers a majority of seven votes. This division, at which 425 members voted, took place on Thursday evening, as we anticipated in this Journal of Saturday ; but upon a second division on Friday, the Ministerial majority dwindled to four— although it is remarkable that Ministers had pre cisely the same number of votes on both divisions, that is to say, 216. The majority, on the contrary, had only 209 on the first division, but on the second they obtained 212—thus gaining rapidly upon Ministers. Should the Ministers succeed in keeping up a majority upon the divisions on the separate paragraphs of the Address, so capricious is the temper of the Cham ber that we should not be surprised at its entire rejection when put finally to the vote. To such of our readers as are only acquainted with the form of voting addresses observed by the British Parliament , it may prevent great confusion of ideas to state here that the French Chanlbers vote Addresses in nearly the same way in which a Bill is passed by the House of Com mons. The Address is prepared C ommittee !iv a bal lotted for by the whole Chamber. 4-.. 4 . fter pre sentation, it is read and discussed, paragragn by paragraph, every Member being, of course, compe tent to propose what amendments he thinks proper. And lastly,lwhen all the paragraphs are gone through, it put to the vote in its perfect form in the same way as a Bill :TO n the third reading in th e H ouse o f Commons. From the whole tenor c.%f the debate, it will be seen that men and measures are equally the objects of attack on the part of the • Opposition. M. THIERS is for once distinct and intel. Bible in his strictures ; and by citing what he de nounces as the errors of Count MOLE'S system, in some sort pledges himself to their abandonment by any Cabinet numbering him among its Members. The prevailing opinion, however, is, that the KING will not consent to a change of system ; but that he will try what can be done by means of a coalition Ministry. Rather than abandon the existing system, his Majesty, it is said, will dissolve the Chambers, arid appeal to the loyalty of the electoral body—over whom the Minis ter, for the time being, can always exercise a paramount influence. France is at present little better than a great rotten borough, in every corner of which a corrupt influence is visible. The candidate who has places, Government contracts, jobs, and the direction of local improvements at his disposal, may snap his fingers at the principles declared national and sacred by the Revolution of July. France must obtain electoral reform before she can make her voice heard in the councils of the nation. Two Envoys from Hayti have arrived at Brest. They are the bearers of 350,000 piastres of the French claims upon that island. A welcome reception awaits them in Paris. M. GISQUET is about to write his life. If he tell the truth, VlDocQ's memoirs will not contain more extraordinary disclosures. The scandal-loving portion of the public are quite impatient for the appearance of the Ex-Prefect of Police's interesting narrative—for M. GISQUET has promised to heighten the flavour of his pages with piquant personal anecdotes of all his Contemporaries. The Madrid Papers received this morning are of the sth inst. The Chamber had then agreed that M. ALVAREZ, the Deputy, should be prosecuted fi;r the part taken by him in the recent insurrection at Seville. No day was fixed for the trial, as Ministers had to wait for fresh instructions from their tyrant EspAR TERO. M. PITo PizARRO was hard pressed to find supplies for the army. ESPARTERO'S force alone—a body rendering no effectual service to Spain—con sumed sixty-two millions of reals monthly. THU SUN, LONDON, MONDAY, JANUARY 14, 1830. THE LATE HURRICANE. The Provincial Papers received to-day -supply some few further details of the effects of the late storm in their several localities, but there is of course much of sameness in the par ticulars ; we shall, therefore, select a few only of the more interesting, beginning with the WRECKS:— Tea Locitwoons.—There seems to be but one opinion as to the conduct of the crew of the Victoria, who shamefully abandoned the ♦essel, under the pretence of not having coal enough to carry her to Liverpool. We should not have thus publicly exposed their conduct, had it not been that a threat of abandonment was held out unless a sufficient remuneration was given, and some hard and unfeeling language was made use of to the crew and passengers. The company will, we hope, make strict inquiry into the conduct of the Captain and crew of the Victoria.—Liverpool Standard. We are told the Government is seriously determined to clear Spithead of the wreck of the Royal George, and that Colonel Paisley is forthwith to undertake the business. HURRICANE —The loss of life sustained by the hurricane in Liverpool, the river, and on the coast, has been enormous; but with respect to the two latter, the positive information we have probably falls short of the truth. In the town and neighbourhood nine persons were killed or died of suffocation; in the river seventeen are known to have been drowned, and on the banks 89 ; making a total •f at least 115,—Liverpool Mercury. Loss OF TIIR FRAXCIS. —We regret to learn that this fine ship, well known as a trader between this port and New York, is lost. The following extract of a letter, dated New York, 19th Dec., with which we have been favoured, gives the par. ticulars :—" The Francis, Griffiths, is lost on her voyage hence to Mobile ; she struck upon a sand-bank near the en trance of that harbour, and has bilged. She will be a total loss. A fine New York ship, the Severn, went at same time, and a Philadelphia brig, all lost. The weather was mild, but foggy, and I believe they had all pilots on board."—Glasgow Chronicle. WRECK OF THE TOM'? CdSTLE,—Among other casua ties, the Torbet Castle steamer was wrecked on the Cow shore, but fortunately no lives lost. It is stated as a curious fact, that on the night of the storm the barometer was lower than during its extraordinary depression on the 30th of No• vember last. MONEY AND COMMERCIAL NEWS CITY (THIS DAY), TWELVE O'CLOCK. Arrivals this morning—two French, two Ostend, one Dutch, and four Hamburgh mails. Arrived also a mail from Malta, by the Tagus, sailed from Malta the 27th December, Gibral tar the 3d January, Cadiz 4th January, Lisbon 6th January, and Vigo Bth January. We have received New Brunswick Papers to the 16th December, but they are void of interest, and Gibralter Chro nicles to the Ist of January. The ship Hercules (on board of which floats the flag of Rear- Admiral Lalande, the Santi Petri, and the corvette Favourite, sailed from Tunis on the 29th ult., for the Levant, where they are to be shortly joined by the brigs Palermo and Bongainville.:Pni the schooner Mesanges. The French squa dron of the Mediterranean is_ for the present to be composed only of these six vessels. The Spanish news which the above Papers contain has been anticipated by the French Papers. Malta Papers received to Dec. 27. Posted at the North and South American Coffee-house, Li pool.—Extract of a letter received this morning :—" Letters from the Pennsylvania, which have not been claimed, or too much mutilated, will be forwarded per the Hiber nia. The letter-bags of the Si. Andrew: have been saved, and most of them will be forwarded per the Roscius. Nearly the whole of the cargo of the two ships have been saved, but in a damaged state. I have seen a Captain of the steamer from the Pensylvania ; it is his opinion that both the St. Andrew and the Pensylvania will be saved, the hulls not being much injured ; but the larboard side of the Lochwoods has gone in. We have numerous arrivals this morning of Foreign mails, but upon the whole they do not bring any news of much im portance, consequently to the present hour there is not much business doing in the various Funds. Consols, which closed on Saturday at 944 1 for the open ing, and 921 1 ex dividend, opened this mor n i ng at 91+ .g 3— sa me ; Exch(,quer Bills, 68 88; India Bonds, 63 65; Bank Stock 2021 203 ; Spanish Active 17i ; Portugues e 331 1 • Three per Colts 211 1; Belgian 991 i ; Brazili an 774 78 : Colombian 27i 28 i ; Dutch Two-and-a-Half per 'Cents. 541 Ir. PRICES ,3 71 , ~I g S , : D3 D pi A tetr Y oCße A on T otd.A ( B ) . 7 ... E . f : L .l. o 7..s. C .l. K .... . 63_prii. Bank Stock 4'o3 2% India Stock ............ ......, ... 257 3 per Cent. Red. 3 per Cent. Cons. 9 ',,,,, % South Sea Stock ................... 3% per Cent -- , Old Annu ities A......... Ditto Red. ............ 1001, 7 4, i New 0........................ 100 , 4 3 1; New 3% per Cent New 5 per Cent. Bank Long Annuities toexpire Ditto 500 ...... 6 6 68 pm . Jan. 5, 1860 l5 14 15-16' Ditto Small ............... ... 66 6.4 pm Oct. 10, 1859 —. ; Ditto Commercial • 5 pm. Jan. 5, 1860 — i Ditto Advertised ... ...... Pm. Jan. 5, 188 , 1 ' Bank Stock for Account April 5, 1880 — India Stock for Account Jan, 5, 1870 'Consols for Account ......... 94 1 A 9 F ; 4 PRICES OF FOREIGN FUNDS THIS DAY AT ONE O'CLOCK. Austrian Bonds Belgian Bonds ....,, ~,, . ~, 993/s ; Ditto Account ................. Ditto Account . "' Portu guese Bonds ........... Brazilian Bonds lB 7% , Ditto New Bonds ............... 33 N4 Ditto Account Buenos Ayres Bonds — _ Ditto, 3 per Cent. ...... .. „al Ditto Account Chilian Bonds Otto Account... Russ i a n Bonds, 1822 ......... 113 1214 Columbian Bends — Ditto Account ................. . Ditto Account — Ditto Metallic ........ .. ........ Columbian Bonds, 1824 Ditto Account Ditto Bonds, 1834 ............ 17% % Danish Bonds ,„.,..,, Ditto Account Greek Bonds ,.,,,. F r onch, 5 per cent. ..... .... —f. —c. Ditto Bonds, 1825 ---. 4 per cent. •••...... —f. _e. 28_ Spanish Ditto Ditto--- Account -- 3 per cent....... —f. —c. Mexican Bonds, 5 per Cent._ ---- Exchange.... ...... ..,_f . , Ditto Account I, l tto, 6 per Cent .............. Ditto Account Rai1way.,..,...... Neapolitan PRIC.F.,S OE SHARES THIS DAY AT ONE O'CLOCK. ingh E am xtension • • . ° ' ''a Per Shoe. Birmingham and Gloucester Railway Company... 40 24 3 4 Great Western Railway Comp" 65 7844 % Brighton nail w' , y .. 1 :::::, . A...ccroauliondit........ ......... , ...., ...... .., 10 &304 l'Crich D es o t . or and p ti o irm . South Eastern and Dover Railway Company...... 0 British North American Bank Colonial Bank .... Canady Company PRICES OF IRISH STOCKS. DUBLIN, JAN. 12. 3 per Cent. Consols 3 per Cent. Stock Ditto Reduced - Hibet nian Bank _... Ditto New 1830 ••••• ••••• 1041% City of Dublin Steam Company 116 3 14 per Cent. Debentures .. 92 ~ 4 National Insurance Company --- Bank Stock Royal Canal Stock - grand Canal Stock - cent ay ail 24% =IN, 2314 HALF7PAST ONE. Consols have been 944 sellers for the opening; since which may be quoted 94f, buyers ; Reduced was done at 93k, since which may be quoted 031; Exchequer Bills 66 68 ; India Bonds 65 ; Bank Stock 2021 ; India stock 257 ex diYidon4. The Government Broker has bought 3,350 Consols. * f ; ..... I, i the Foreign Market also very little doing, Spanish Ae tive, 17i ; , .. , , b ' n on 434 , • Three per Cents., 21- 4 1 i Bel gian 99 Brazilian " 78) Colom tan 24 28 ; Mex ic a n 244 ; Dutch T wo - an d- a :Halt C4nito, 44k f ; Five per Cents., 1024 -1. l'" In Shares very little doing. Great Western, 13i. prem. DEATH OF A CHILD BY DRINKING SCALDING WATER.—The mother was preparing tea, and had just taken the kettle off' the crook, and put it on the hob, and was in the act of going across the floor to set the table, when the deceased put the-spout to his nicuth and drank of it, and so much scalded himself that he died at about ten minutes to six the following morning.—Kendal Mercurp THE CANADIAN PRISONERS. QUEEN'S BENCH.-(THIS DAY.) It having been generally known that the Canadian Pri soners would be brought up this morning on the writs of Habeas Corpus obtained by them, the avenues leading to the Court presented an appearance of unusual bustle and excitement. At half-past nine, the prisoners were brought in, hand-cuffed, in the custody of Mr. Cope, the Gover nor of Newgate prison and his assistants. They are twelve in ' number, and their names are as follows : Finley Malcolm, John Grant, John G. Parker, Robert Walker, Paul Bedford, Randall Wixon, Leonard Watson, William Reynolds, Lynus William Miller, James Brown, Ira Anderson, and William Alves. They are most of them good-looking men, and decently clad. They were placed in a row behind the inner bar, and their ma nacles taken off, but subsequently they were removed to the third bench, to accommodate Counsel. Additional po licemen were stationed at the various outlets, and no per sons were admitted into the Court, without, in the legal phraseology, " cause shown." On the bench we observed Mr. Justice Halliburton, of Nova Scotia, Lord Howick, and the Right Hon. J. Poulett Thomson. Mr. Poulett Thomson and Lord Howick were, we understand, refused admittance by the Usher, until the Attorney-General, who was entering the Court, took them in along with him. Mr. Joseph Hume, M.P., sat in the side-box usually occupied by the Jury. The gal. leries were extremely crowded ; and shortly after the Judges had taken their seats, at ten o'clock, the doors of the Court were thrown open to the public generally, when a tremendous rush was made, and in a few minutes every spot was literally crammed. The COURT having called upon the ATTORNEY-GENE RAL, he said, the keeper of the borough gaol of Liverpool, in obedience to her Majesty's writ of habeas corpus, was now in attendance with the body of John Grant. The return to the Writ was then handed up to the of ficer of the Court, who was about to read it, when Mr. M. D. HILL (with whom were Mr. Roebuck and Mr. Falkener) said he appeared in behalf of the prisoners, and he apprehended that it was rather on their part to elect which case they would take first. The return in the case of Leonard Watson should be first read. The ATTORNEY-GENERAL apprehended that cases were to be taken seriatim. There were separate returns in the 12 cases, and the first in order appeared to be that of John Grant, and he moved that the return to the writ of habeas corpus in his case be read. He apprehended there could be no objection to that motion being read on the part of the Crown. Mr. HILL contended that, the writ having been obtained by him, it was for him to make the objection on the read ing of any of the returns. Lord DENMAN—Are there more than two forms of re turn in these cases ? The ATTORNEY-GENERAL---I believe my Lord, there are two forms and two classes of cases. In one class there are nine, and in the other three, and there is not the slight est difference in the returns in each class. Lord DENMAN—I think it better to hear all the returns read in the first instance. The ATTORNEY-GENERAL—Had no objection to any course which their Lordships might think proper to point out. The return in the case of John Grant, was then read by the officer. It set out that at the Sessions of oyer and terminer and general gaol delivery held at Niagara, in Up per Canada, on the 18th July, 1838, at which Jonas Jones, one of the Justices of her Majesty's Court of Queen's Bench and associates presided, John Grant had been tried and convicted of high treason, and judgment of death re corded, but on the 22d Oct., 1838, his sentence had been commuted to transportation to the penal settlements of Van Diernen's land for the term of his natural life, but there being no means of transporting him from Upper Canada thereto, he had been sent to Quebec under a warrant of Sir John Colborne, the Governor, and sent aboard the Captain Ross, to Liverpool, at which place he arrived on the 17th December, and there not being imme diate means of transporting him he had been committed to the custody of the keeper of the borough gaol of Liverpool. Tue ATTORNEY-GENERAL—The return in the case of Lynes, Wilson, Miller, and William Reynolds are exactly the same. After a pause, The ATTORNEY-GENERAL then proposed that the return in the case of Ira Anderson should be read ; it was exactly the same as in the case of the eight other prisoners. Mr. HILL had no objection to only one of each class being read, but it would be most convenient to him if that of Edward Watson were now read. The ATTORNE GENERAL—I have no objection. Mr. HILL—We have seen a blank form of return, aid it would, therefore, be more convenient if that one were read. The return in the case of Leonard Watson was then read. It set forth that at a Sessions of oyer and terminer and general gaol delivery, held at Toronto, in Upper Ca nada, before John Beverley Robinson, one of her Majesty's Justices and associates, Leonard Watson, who bad been arraigned on a charge of high treason, had, in accordance with the provisions of a certain statute passed in the first year of the reign of her present Majesty, confessed his guilt, praying the merciful consideration of the Court upon his case, and that her Majesty's pardon might be granted him, and that the Governor and Privy Council had agreed that mercy should be extended to him ; and it was ad judged that he should be transported to Van Diemen's Land for the term of his natural life. The return then set out his being sent to Quebec, and thence to England, as in the other case. The ATTORNEY- GENERAL.—The whole of the remain ing part of the return is the same as the former one. With regard to these nine, some of them received pardon on con dition of being transported for life, some for fourteen years, and some for seven years ; with that difference, they were all precisely the same. Mr. HILL—I think my Learned Friend is a little incor rect with regard to the fourteen years—the sentenc3 was not to commence from the date of the pardon being granted, but from the period of the arrival of the prisoners in Van Diemen's Land. Lord DENMAN—I suppose the commencement of the sentence is the same as those for seven years ? Mr. HILL—I believe so, my Lord. The ATTORNEY GENERAL—These are the terms on which the pardon is granted. Lord DENMAN—Have you had copies of the returns in both cases ? Mr. HILL—Yes, my Lord. One by virtue of the Sta tute, and the other by virtue of the conviction. Lord DENMAN—I rather think it would be the most convenient course to take the case of Watson. Mr. Hill, you are for all the prisoners ? Mr. HILL—Yes, my Lord. Lord DENNIAN—Then I think he may bring forward any case he thinks proper. . . The ATTORNEY-GENERAL-Of course, whatever your Lordships decision is, I must bow to it, bnt this is a course which will be extremely inconvenient to me. I was applied to by Mr. Roebuck, on Saturday, to be furnished with a copy of the returns, and he stated he should apprize me of the nature of the objections he intended to urge, but he has not done so. I understand that although the copies were sent to his solicitor, it is said that they were received ut so late an hour, that he had no opportunity of making a com munication to me, and that that is the reason why I have not had them. At the same time he had no objection to the party going into the case now, without prejudice to his the (Attorney-General's) applying to the Court, if any ob jection was made, which he could not reasonably anticipate, to obtain further time to investigate the question. For the information of his Learned Friend, he would now state that in the course of the discussion, he would feel it to be his duty to draw the attention of the Court to this point. Whether the present was a case in which there could be a writ of habeas corpus issued in vacation by a single Judge. Of course, he (the At torney-General) could not give the Court jurisdiction by waving any objection that could be made, but he merely stated that much for the information of his Learned Friend. The question he would have to submit was—did the statute allow of a single Judge issuing a writ of habeas corpus, in vacation, in a case like the present ? He apprehended that the statutes of the 31st Charles IL, and 56th George 111., called Sergeant Onslow's Act, did not contemplate a case like the present. Mr. HILL apprehended that his Learned Friend had probably done enough. The ATTORNEY-GENERAL said he was not going 20 argue the question. Lord DENMAN—He is only giving you this as a mar ginal note. I was not aware that there was any private ra rangement between the Learned Counsel. The ATTORNEY-GENERAL--My Lord, I don't offer that as an objection to the course which is to be pursued ; but if I am not prepared to meet incidental objections which may be made, and of which I have had no notice as I had reason to believe I should have had— Mr. ROEBUCK assured the Court that there had been no private arrangement whatever. The Attorney- General desired to have the case brought on without a copy of the r eturn being granted. Be fore the copy had been furnished, he d,the wod Attorney- t General had said " Will y ou t e ll me what objections you intend t o take," and he (Mr. R oe b uc k) said At torney-General if he could, and let him know, if he could, objections were intended to be taken. He wrote to the next Punning, stating that he the Attorney-vex,,,. __ had received the copy at so late an hour, that he mum not I communicate with the Learned Gentleman. The ATTORNEY-GENERAL stated that, without any qua lification, an assurance bad been given him that the objec tions would be stated to him. Lord IhNlctri—Then, Mr, Attorney. General, the point you have just raised about the issuing of the writ in vacation, appears to me to be a preliminary objection, and should haae been made before the return was read. They have obtained that advantage, but, on the other hand, there would be another writ immediately. The ATTORNEY-GENERAL—I admit, my Lord, there would have been another writ immediately at common law, and then the points would have been stated for the infor mation of the Court and the Counsel for the Crown. Your Lordships are aware that in the case of Sir J. Hobhouse, Lord Tenterden laid it down that it was by no means a matter of course to grant such a writ, and that the reasons must be stated to the Court. That doctrine was laid down in 3d Barnewall and Alderson. The Learned Gentle man then read the opinion of Mr. Justice Abbot on that point, and contended, that if malefactors could have writs of habeas corpus, as a matter of course, the sentence of the law would be suspended. The 31st Charles I. made no alteration in that doctrine. Lord DENMAN—This is altogether in the nature of a preliminary objection, and if you take it, I think we must hear you first, as you are able to question the validity of the return. You say that it is a case in which a writ ought not to issue. The writ, however, having been issued and the return made, they are in possession, and it is for you to dispossess them. The ATTORNEY-GENERAL—Your Lordships are aware that at common law a writ of habeas corpus could not be granted by the Court of Queen's Bench in term time, unless upon motion, and that writs of mandamus, &c., can only be granted by the Court. The Lord Chancellor, might, however, grant writs out of term, his jurisdiction not being confined to term. Mr. Justice COLERIDGE—That point was ruled in exactly the reverse way by Judge Blackstone, who decided that writs of habeas corpus could be issued, not only in term time, but during vacation, by application to the Chief Justice or any other of the Judges. The ATTORNEY-GENERAL—If issued during vacation. Mr. Justice COLERIDGE—Then it is to be returnable to the Judge by whom the writ was granted, and if during, term, or if the term intervenes, then to the full Court. The ATTORNEY-GENERAL—This is a writ returnable before a single Judge. Mr. Justice Coes:RlDGE—But agreed to be taken here. The ATTORNEY-GENERAL—Yes, most undoubtedly, my Lord, but it is agreed to be taken here as if bef re a sing], Judge. Your Lordships are now supposed to be sitting at Chambers in disposing of this case. The Learned Attor ney-General then went on to contend that, until the passing of the Act 31 Charles 11., chap. 2, such a writ could not be granted in a case like the present. He submitted, however, that the Act did not contemplate a case like the one now before the Court, because the hope and object of that Court was to afford a remedy for a grievance which had been carried to a great extent in that and preceding reign, which was to delay the trial of per sons committed. They were sent to distant gaols, their trials were postponed, and the greatest oppressions were practised. To remedy that evil the Act of Charles had been passed. In the third section power was given to a single judge in vacation to issue a writ of habeas corpus, but he submitted to their Lordships that looking at the language of that section, it was only in criminal matters, where the commitment was made with a view to trial, and where bail was to be taken for the party, that the writ could issue. The third section enacted that if any person should stand committed for any crime, unless felony or treason, in vaca— tion time, it should be lawful for him or any person on lis behalf, to apply to the Lord Chancellor, or any of the Judges or Barons of the Common Law Courts to issue a writ of habeas corpus, directed to the officer in whose custody the party was detained, returnable in eight days afterwards ; that the return was to state the true cause of commitment, and within two days after the party was brought before the Lord Chancellor or other Judge, he should be discharged from imprisonment, taking his recognizance with one or more sureties, according to dis cretion, regard being had to the quality of the prisoner, and the nature of the offence. Then came an important section —that all prisoners committed should be brought to trial within a certain time. It was clear, therefore, that the Act contemplated a case where the prisoner was committed by legal anthority, on a criminal charge, with a view to trial, and not where, as in the present case, the party was there in the execution of their sentence. lie apprehended, therefore, that the case could not be brought within the Act, which was generally called the Habeas Corpus Act. There was another Act, the .56th of Geo. 111., brought in by Sergeant Onslow, which provided—the former being confined to criminal cases—that in cases not criminal the power of issuing writs of habeas corpus in vacation should be given—it was entitled "An Act for more effeb tually securing the liberty of the subject. Mr. Justice COLERIDGE—That Act, I believe, was ex tended to commitments for smuggling. The ATTORNEY-GENERAL--The latter Act contempla ted cases rather of a civil than of criminal nature. Mr. Justice LITTLEDAI.E said he had faequently granted writs in vacation. A week ago he had granted a writ to a person committed to the House of Correction, under the Act for Disobedience to Masters. There was an informa lity in the committ il, and he had granted a writ of habeas corpus, and the prisoner was discharged. In the case of Miss Coutts, which was heard before Lord Denman, the prisoner was also discharged. The ATTORNEY-GENERAL—That was the case of Dunn, for not giving sureties of the peace. Lord DENMAN—It was a commitment for want of sureties. The ATTORNEY-GENERAL submitted, that when the parties were in the execution of their sentence for a criminal matter, at common law, there could not be a writ issued in vacation by a single Judge. He would refer their Lordships to the case of Crosbie, reported in 2d Black stone, which their Lordships would find was a writ of common law ; and in that case it was decided that, in vacation, a Judge at Chamber could not take cogni zance of it, and the Lord Mayor and Alderman Oliver were remanded. From that he (the Attorney-General) in ferred that the writ had been granted as Mr. Justice Lit tledale had granted it ; but when the matter came on before them, the Court thought they had not juris diction, and, without entering into the merits of the case, remanded the prisoners. Again, in Sir John Hobhouse's case, it was stated that that was a writ of habeas corpus at Common Law, intimating as he, the Attorney-General humbly conceived, that it was such a case as a single Judge would not grant in vacation . Sir John Holshowe's warrant, was under the seal of the Speaker of the House of Commons for a criminal matter. He had an undoubted right tohave the opinion of the Court as to the validity of that warrant, but being a writ of habeas corpus at common law, could not be moved for, unless be fore the Court in Term time. By the return before them, it appeared that the prisoners were in the execution of their sentence for a criminal matter, and although he did not object to this granting of the writ by Mr. Justice Littledale, yet when, upon the return, the cause of commitment was what it appeared to be, he conceived that the writ did not give their Lordships jurisdiction to go into the merits. Mr. Justice COLERIDGE—Did you look at Croley's case, before Lord Denman, as to the right of Judges to issue such writs in vacation ? The ATTORNEY-GENERAL admitted that so far as the Court of Chancery was concerned, that right existed. Mr. Justice LITTLEDALE said that one object of Ser geant Onslow's Act was to allow parties to file affidavits, and dismiss the merits of the case. The ATTORNEY - GENERAL—That vt as one of the ob jects of the Act, but there was another; and what the practice before the passing of the 56th Geo. 111. was, be really did not know. Mr. Justice LITTLEDALE said he believed the Act re ferred to lunatics' children withheld from their parents ; in others denied access to their children ; and surely in such cases a Judge in vacation would grant a writ of habeas corpus. Mr. HlLL—Chief Justice Willmott gave many in stances in which writs of habeas corpus had been grant .d during vacation. His Learned Friend the Attorney- General had complained that he had not been apprised of the objections they intended taking ; but in return he must complain that no intimation had been given that a prelimi nary objectioo would be taken on the part of the Crown, in order that they might have had time to look into a point of such great importance touching the bulwark of the liberty of the subject in that country, and which, so far as his Learned Friend was concerned, went to destroy that bulwark. The ATTORNEY-GENERA L thought the interruption very unnecessary. He was now considering what might be done at common law, and he should have been ready to com municate anyargument and authority, if the Learned Counsel on the other side had communicated with him. Hi s Learned Friend (the Solicitor-General) had considered that point more fully, and would address the Court upon it ; but he (the Attorney-General) would submit that at com mon law writs of habeas corpus, like writs of mandamus, should be moved before this Court, and that during vaca tion a Judge had no jurisdiction to grant a writ of hat as corpus in such a case. _ The SOLICITOR-GENERAL followed on the same side. The Statute of the 31st of Charles the Second was in tended to remedy many of the evils whicL existed before it passed, and it defined the species of offences that were bailable, and those that were not. After having pointed out the remedy where parties had been improperly confined, directed that every sheriff should bring up the body of the prisoner, with a certificate of the cause of his being detained. Mr. Justice CoLF,atnnE inquired whether it was con tended that this was a writ under the Habeas Corpus Act. 1 Mr. HILL said hei ooked upon it as a writ issuing from the Common Law, and that being such every one of their Lordships had power to issue it at any time. The SOLiCITOR-OgNZA4I, said that in crowley's case the impression of Lord Eldon was, that the writ of habeas corpus was a writ issuable at all times out of the Court of Chancery, as that Court was always supposed to be sitting, but that it could not be issued from any of the common law Courts, except in term time. Lord DENMAN—The question in that case was, whether Lord Northington was right in what he had done. Mr. Justice COLERIDGE—I think, if you look strictly into that case, you will find that Lord Eldon rather shrunk from giving countenance to applying to the Court of Chancery for such writs. _ The SOLICITOR-GENERAL said that it was always the desire of Lord Eldon, if possible, to shift off the Court of Chancery the burthen of granting such writs, and in doing so he often threw out observations which left the law more at sea than before. In conclusion, the Learned Gentleman called upon his Friends to show by what authority the Court had granted the writ. Sir F. PoLLocK was also on the same side. He believed that the opinion of the profession always had been, that out of term that Court could not issue the writ. He did not think a single instance could be adduced in which such a writ had been issued by that Court out of term. He had looked over the decision in Swanston's case, which had been adverted to by the Bench, but he must confess that he saw no analogy between it and the present case. Lord DENMAN observed that a writ similar to the pre sent one might be issued in vacation, if it was made return able in term ; and for the purpose of supporting that dictum, he had referred to three cases in which it had been done. Sir F. Poeeoce observed that all those cases bad taken place since the Statute of Charles ; and Lord Eldon had said,. with respect to Blackstone, that although he had given a history of the writ of habeas corpus, he had not done so with his usual accuracy. In the case of Jacques, an appli cation was made to the Chief Justice in vacation, and ha refused to grant the writ. There could be no doubt that it was Lord Eldon's clear opinion that the Courts of Com mon Law could not grant a writ like the present in vaca tion. In a recent edition of Bacon's Abridgment, there was a collection of the opinions of all the Judges on no less than ten questions put to them by the House of Lords. 'ln the year 1758 an Act was brought into the House of Com mons, similar to Serjeant Onslow's Act, it passed the House of Commons, and when it came into the House of Lords, their Lordships proposed ten questions to the Judges, one of which was, what would be the effect of the statute if it passed ? The Judges resisted answering that question, on the ground, that it was their duty to expound the law when it was passed, but that it was no part of their pro vince to state •what the effect of a law would be, previously to its coming into existence. The House of Lords thought proper to dispense with the judge ment of the Judges, and ultimately it was set tled by all the Judges that no writ could be issued in vacation by any of the Common Law Judges. Upon the whole he (Sir F. Pollock) submitted that the writ that had been issued in the present instance was invalid. Mr. WIGHTHAN was also on the same side, and sub-. mitted that the Court had no power to grant a writ of habeas corpus in vacation, and tested in vacation. He had looked in vain for any authority for such a proceeding. The Court of Chancery, it was true, might issue a writ of habeas corpus at any time, because that Court was sup• posed to be always sitting, but it was an undoubted fact that the C our t s o f C ommon Law could not issue, such writ in vacation. Lord DENMAN—Do you find any prcedent of a writ issued on the last day of term returnable immediately ? Mr. WIGHTMAN--NO, I do not, my Lord. Lord DENMAN—That was the fact in the cases that have been referred to. , Mr. WIGHTMAN was perfectly awsre of that fact ; bu t he defied his Friends to show a single case before the Statute of Charles the Second in which a writ had been issued in vacation mid made returnable at that period also' After the Learned Judges had consulted for some time, Lord DENMAN, addressing himself to Mr. Hill, said, Are you prepared now to go into the question ? Mr. HILL—Why, my Lord, I am in the hands of your Lordships ; but considering the immense importance of the, case to the p ar ti es w h om I represent, I should pray 01 your Lordship to give me till to-morrow. I would not presume to fix a day, but I should be perfectly prepared to morrow. Lord DENMAN—WeII, let it come on to-morrow ; sad in the interim let all the points intended to be brought for ward be communicated by the one party to the other. COMMON PLEAS.-(THIS DAY.) GREEN V. CUNNEU. INTERESTING TO CONTRACTORS.—I n this ea se , the defendant had contracted to build a house for plaintiff: within a limited time, under a penalty of a set-off of tw° pounds a day for the delay incurred. The defendant WO not able to complete the work within the stipulated period ; and the plaintiff brought his action to recover the set-off Rit the excessive time. The cause was tried at the late sitting at Guildhall, and the Jury found a verdict for the plaintiff for upwards of 1001. Mr. Sergeant WILDE moved for a new trial, o n tb° ground of the verdict being against evidence, inasmuch se the defendant proved that plaintiff had greatly interrupted him in the progress of the work, and also on the ground° misdirection on the part of the Learned Judge, bee aus e be left the question to the Jury whether, notwithstanding the interruptions, defendant had time to complete the con traq ithin the given period, a question which the Learne d Sergeant contended could not be well decid e d by the Jai' The Court granted a rule Nisi for a new trial, on the ground of the verdict being against evidence, but not ups° the ground of misdirection. BAIL COURT.-(THIS DAY. THE QUEEN V. GODDARD. Mr. JEavis moved for a role to show cause why sa information in the nature of a quo warrant° should not to exhibited against the defendant, to show by what authoriti he claims to be an Alderman of the borough of Carnarvon or why the affidavit of Mr. W. L. Roberts, which b e , moved upon, sh ou ld not b e read on showing cay.se against the rule nisi for liberty to file a quo warranto obtained br, and on beh a lf o f M r . Ed ward Roberts ; and why the said Mr. W. L. Roberts should not be at liberty to appear a nd be heard by Counsel in support of the rule ; and why, i n the event of the rule being made absolute, Mr. W. L. R o berts should not have the conduct and management of the case' Sir W. Follett at the beginning of last term, on the struction of Mr. Williams, the Mayor of Carnarvon, tained a rule against the defendant. The case was ago. brought on on the last day of term, and hi s Lord ship then directed it to go into the other Court, b. u the rul e was not en l arged and it was dropp.A, Un d e r g these c i rcums t ances, M r. Roberts being anxious to on with th e case, w i shed to have his affidavit recd as it disclosed an important fact, which was admitted is the others, viz., that the election took place on an i 0 proper day ; and when the rule was to be moved for abso' lute, that he should see it properly conducted ; and Sir %S C Follett could not object, if he was fairly instructed on die, other sid e , to h ave the assistance of the Attorney-Generiu and himself (Mr. Jervis). Mr. Justice PATTIBON--You say the rule is dropped. Mr. JEavio--That was a doubtful question—it was doubtful i 7.1 practi ce w h et h er , w h en the rule was ne t dispoKa of and not enlarged, they might not flat it was still in force. He therefore moved in the altero 3 ' tive, that if the rule was dropped a fresh quo war ratrio might be granted ; or if that was not the case that Roberts might appear, and support the rule now pen , :;ing• Mr. Justice PATTISON—That would be a rule to sb oll cause. Mr. JERVIS—Yes.--Rule granted. OLIHILL. Last week tLe small town of Solihill was in such a state p f ferment as was never before known by the oldest inhabitae tr produced by an attempt of the Tory party to force a WI" police. MA FIRST DAY'S POLL, FRIDAY, JAN. 4. For the rate Against th e rate 4 3 ........ 167 SECOND DAY'S POLL. For the rate Against th e rate .. 86 43 _DEMOISELLE TAGLIONI.--This celebrated dancer took her benefit at St. Petersburgh on the sth tilt.' in a new ballet, La Guiana, composed by her father. The ballet obtained immense success. It has a prologue, and is in three acts. The splendour displayed in this chore graphic production is extraordinary. It cost the Imperial Civil List 200,000 roubles. Not 'less than three b u ndrea persons dance or figure in it. In the first act there is a fair at Frankfort, with a menagerie of living lions, hem* apes, and other animals. In the second, a forest of th e ; Pyrenees, with a gipsy camp at the foot of a cascade of real water, twelve feet high and twenty-four broad. The ballet ends in a masquerade of five hundred pe rs ons in every sort of disguise. The ball-room is lighted by oil hundred and twenty chandeliers, bearing- five thousand wax-lights. Mademoiselle Taglioni, whose execution of a Bohemian dance drew forth deafening acclamations, d e ' rived from this benefit the enormous sum of 50,000 roubles. The day after the Emperor and Empress, who had 11 0 ' noure.i the performance with their presence, sent the fair 6 ene ficiaire a diamond and emerald clasp, worth 25,00 0 roubles. Such was the eagerness to witness the first nights of thi s gor g eo us b a ll et, that two sons of n merchant o f Gastenaivrow were suffocated at the door. 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