The Sun. — London, England, 1844-09-02 00:00:00

BROWN FOR CHAMBERLAIN.-At a very numerottS and influential Meeting of the Liverymen and Friends of Mr. Alderman Brown, held this day at the London Tavern, the following Resolutions were unanimously agreed to : Alderman Sir Peter Laurie presided, in the absence of the Right Hon. the Lord Mayor. let Resolution. —Moved by JOHN JotisBoli, Esq., Alderman, and se conded by TUoidAs ALERS HANKEY, Esq., That Mr. Alderman Brown, by his long and faithful services as a Magistrate, by the industry, ability, integrity and punctuality with 'which he has discharged his Magisterial duties, and by his zealous vindication of the rights of the Livery when recently assailed in the Court of Common Council, has justly entitled himself to the esteem and regard of his feliow•eitizens, and that the circumstance of his being, with the exception of Sir Claudius Stephen Hunter, Bart., the senior member of the Court of Aldermen, furnishes an additional claim to our support in the election of a successor to the late Sir Wil liam 'ferrate, Bart., in the office of Chamberlain. .ReOlution.—Moved by RICHARD RAGGALLT, Esq. ; and seconded by RI6HARD JOHNSON, Esq. : . That this Meeting pledge themselves collectively and individally to Ilse every exertion to secure the election of Mr. Alderman Brown. 3d Rnvolution.—Moved by DAVID S. lIEwsoN, Esq. ; and seconded by CHARLES PRITCHETT BOUSFIELD, Esq. : That the following gentlemen, who have volunteered their services to act as aCommittee to secure the election of Mr. Alderman Brown, be such Committee, with power to add to their number The Right lion. the LORD MAYOR, Chairman. THOMAS CHALLIS, Esq., Alderman, Deputy Chairman. Sir Peter Laurie, Alderman. Georgo Meek, Esq. Zlr John Nile, Bart., Alderman. Ambrose Moore, Esq. fir George Carroll, Alderman. Samuel Mills, Esq. John Johnson, Esq., Alderman. Henry Pownall, Esq. Thos. Farncomb, Esq., Alderman henry Pigeon, Esq. Richard Gibbs, Esq., Alderman. Ralph Price, Esq. John Masterman, Esq., M.P. J. Poynder, Esq. Samuel Bendry Brooke, Esq. Henry Robarts, Esq. Richard Banally, Esq. Thomas Rodgers, Esq. Charles Francis, Esq. Andrew Spottiswoode, Esq. lienry Grace, Esq. Charles Skipper, Esq. 'Thomas Alers Hankey, Esq. henry Sykes Thornton, Esq. Thompson liankey, Esq., W. Page Wood, Esq. David S. Henson, Esq, Joseph Wilson, Esq. John Knill, Esq. In addition to which the names of a large number of gentlemen is carolled. which will appear in the morning papers. PETEICLcURIE, Chairman. It was moved by John King, Esq., and seconded by William Curling, Esq., Deputy, that the cordial thanks of this meeting are due, and are hereby cordially presented to Sir Peter Laurie for the e. dent manner in which he has presided on the present occasion. London Tavern, Sept. 2, 1844. TO THE INDEPENDENT LIVERY OF LONDON. GENTLEMEN, The decease of your late respected Chamberlain, Sir W. Jicygate, tart., once more places in your hands the appointment to that ancient and honourable office. The various names that have been presented to you of Candidates for your suffrages, show that in the opinion of Members of the Court of Aldermen, the distinction and emoluments of Chamberlain should, as has generally been the case, fall to the lot of one of that body. I believed that a fitting occasion had occurred for the exercise of your elective rights with a wider field of choice than the Court of Alder men presents ; and I was therefore prepared to give my humble as sistance in supporting the claims of a gentleman of distinguished ta lent, not a Member of that Court, whose name has been announced to you. An advertisement in the papers of this day declares that gen tleman to be no longer a candidate. Ido not hesitate then to present myself before you, with the determination that your choice shall not be confined within the limits of the Court to which I have alluded. It is true that I cannot, like other aspirants for your suffrages, found my pretensions on the fact of having already received at your hands the benefits of station, patronage, and the means of obtaining rank and heritable honours ; my conduct and character have, there fore, been brought less prominently before:you; still I am not wholly unknown in public life, and may boast of having been able to pre serve the good opinion and esteem not only of my friends but of those to whom antagonist principles In political affairs have frequently placed me in opposition. I have beenfor twenty years a member of your body ; a Freeman of London, and Liveryman of the Innholders' Company. I need not repeat to you the trite assurances that should I be ho noured by your choice, I will be zealous and faithful in the discharge of the duties of the office ; but, it is quite right that you should be in formed that neither inclination nor superfluity of pecuniary means permit me to have recourse to those appliances by which it has some times been thought that votes may be obtained ; and that having thus publicly placed myself in opposition to the exclusive pretensions of Members of the Court of Aldermen, I feel that I discharge an im portant civic duty, and I respectfully leave the result in your hands. —I have the honour to be, Brother Liverymen, your very obedient servant, G. 11. lIEPPEL. 1, Princes-street, 2d Sept., 1844. NEW HISTORICAL ROMANCE. Immediately, In three vols. post Eivo. AR THUR ARUNDEL. A Tale of the English Revolution. BT HORACE SMITH, ESQ., Author of " Brambletye House," &c. Henry Colburn, Publisher, 13, Great Marlborough-street. THEATRE ROYAL LYCEUM, LATE ENGLISH {OPERA HOUSE. Under the Management of Mis. KEELEY. Another great Achievement Successfully Triumphant ! ! I To attempt toeulogise the gorgeous splendour of the New Extrava ganza of " Aladdin and the Wonderful Lamp, or New Lamps for Old Ones," would be a work of supererogation ; the Manage ment, therefore, contents itself by simply stating that it will be repeated every Evening ! THIS EVENING, SEPT. 2. Will be repeated a New Drama, entitled MARTIN CHUZZLE. WIT. Principal characters by Messrs. R. Younge, F. Vining. Emery, F. klathews, A. Wigan, Meadows, Kinloch, Turner, Stanton, J. W. Collier, Yarnold, Sanders, and Keeley ; Miss For tescue. Miss Woolgar, Mrs. A. Wigan, Mrs. Woollidge, Miss Groves, Mrs. Usher, Miss Turner, and Mrs. Keeley. To conciudo with an entirely Original, and much bitter than New, Grand Operatic, Romantic, Melo-Dramatic, Burlesque Extra vaganza, founded on the celebrated Eastern tale, in the Arabiin Nights' Entertainment, entitled ALADDIN AND THE WON DERFUL LAMP; or, New Lamps for Old Ones. With very extensive New Scenery, Machinery, Dresses, &c. Principal cha tacters by Mrs. Keeley, Messrs. F. Matthews, Turner, A. Wigan, J. W. Collier, and Keeley; Misi Woolgar, Mrs. Woolli tire, Mis' E. Chaplin, Mrs A. Wigan, Miss Turner, Mi s James, Miss Carson, Miss Hunt, Miss Reede, &c., &c. PRICES OF ADMISSION.—BaIcony Poxes. 4t.; Uppet Boxes, 3e.; Pit, 25. - ; Gallery, 6d. Second Price—Balcony Boxes, 2s. ; Upper Boxes, Is. 6d.; Pit, Is. Private Boxes on the 14 net (holding eight persons), Two Guineas. Private Boxes on the Second lder (holding eight persons), One Guinea and adlalL Private Boxes on the Pit tier (holding six persons), One Guinea. The Box-Jltice is open from Ten to Four o'Clock, under the di rec- Hon of Mr. Grogan, late of Covent-garden Theatre. ASTLEY'S ROYAL AMPHITHEATRE OF ARTS. Proprietor and Manager, Mr. BATTY. Nightly overflows, and Last Week of the wonders of Mr. Carter, the American Lion King. THIS EVENING. SEPT. 9. Will be repeated the Eastern Spectacle of MUNGO PARK; or, The Lion Tamer of the Niger. Karla, the Arab, Mr. Carter, wherein he wilt introduce his beautiful performance with his trained animal lions, tigers, &c., in the cage, and on the open stage drive a lion in harness. Combats with the monarch of the forest, and other new extraordinary feats. Entire Change of the Scenes in the Circle. To conclude with an entire new E luestrian, Military and Naval Spectacle, entitled THE CHINESE WAR; or, The Conquests of Amoy by British Arms. New Scenery, Dresses, Appointments, &c. to realise the recent triumphs of England's Army and Navy. Feast if 250 Lanterns. Acting and stage.rn mager, Mr. W. 1) Broadfoot. Box-office open from Eleven till Five. Lessons in the Art of Riding by Mr. R. Smith. DAVIDGE'S ROYAL SURREY THEATRE. FOR THE BENEFIT OF MRS. R. HONNER. Last Nights of the Opera Company. THIS EVENING, SEM Will he performed Sheridan Knowles' Play of THE WIFE; A Tale of Mantua. Leonardo Gonzago, Mr. E. F. Saville; Ma. riana, Mrs. R. Honner. After which. the Second Act of DER FREISCHUTZ. In the course of the Evening a variety of Singing, and a New Ballet Divertissement. To conclude with THE RENT DAY. Martin Heywood, Mr. E. F. Saville; Toby eywood, Mr. R. Homier; Rachel Heywood, Mrs . R. Homier. Places and Private Boxes to be bad of Mr. Kerschner, at the Box. office, from Eleven to Four. STRAND THEATRE. THIS EVENING, SEPT. 2, Willbe performed MARTIN CHUZZLEWI P. Young Martin Chuzzlewit, Mr. &mix; Old Martm Chuzzlewit, Mr. Ayliffe; Jonas Chuzzlewit, Mr A ttwood, Montague 'figg, Mr. Roberts; Tom Pinch, Mz. Biddies; Mr. Pecksniff, and Mrs. Sairey Gamp, Mr. H. Hall; Mary Graham, Mrs. Coleman Pope. To which will be added ANIDNY AND CLEOPATR A. After which, a New and Original Burlesque, entitled THE WON DERFUL LAMP, in a New Light, being an Illustrated Version of Aladdin. Abanazar, Mr. Paul Bedford; Aladdin, Mr. Wright; Princess Badroulbadour, Miss E. Stanley. ROYAL VICTORIA THEATRE. THIS EVENING, SEPT. 2, Will be performed A NE W WAY TO PAY OLD DEBTS Sir Giles Overrea.h, Mr. J. Hudson Kirby ; Lady Allworth, Mrs W. West. After which, JACK AND THE BEANSTALK; or, The Lad that knew how many Beans made Five. Joilibuffa, Mr John Herbert ; Jack, Miss Vincent. To conclude with ROB ROY ; or, Aul I Lang Syne. Rob Ro y , Mr. Osbaldiston ; Francis, Mr. Binge; Diana Vernon, Miss Louisa Lyons; Helen Macgregor, Mrs. W. West. Private Family Boxes, 1 Is. Od. and XI Ils. 6d. ROYAL SURREY ZOOLOGICAL GARDENS. EXTRAORDINARY AND NOVEL ATTRACTIONS. This Week, being the Anniversary of the Great Fire of London, 1666, Mr. Southby has arranged to give extraordinary effects to this matchless representation, and introduce a display of the admired warer, jets de feux, with other Oevices, to form a GRAND PYROTECHNIC DISPLAY On MONDAY, TUESDAY, WEDNESDAY, and THURSDAY, throughout the Season, the Gardens will open with the following attractive Novelties : THE PICTURESQUE GROUNDS—FEEDING OF THE ANIMALS-IUNRIVALLED MENAGERIE. MODELS of VENICE and LONDON in the OLDEN TIME, Painted by Danson and Telbin. The sensation caused by this unrivalled production Is beyond all fbrmer ,necedent ; the artist, the amateur, the casual observer are all struck with its extraordinay beauty and fidelity of delinea tion, and are unanimous in pronouncing it the most wonderful ex. hibition ever witnessed. To view it only as a vehicle for the terrific isplay at Dusk is unjust ; it should be seen in the calm stillness of the quiet Evening, with its Towers and Steeples reflected in the spa cious Lake, to be fully appreciated. Beethoven's celebrated Battle Sinfonia, descriptive of an En gagement between the French and English Armes. The Evening PROMENADE CONCERTS on Mondays, Tues days, Wednesdays, and Thursdays conuucted uy Mr. Godfrey, are up , n a scale of more than usual excellence; lint words fail in doing justice to the awful representation of THE GREAT FIRE OF LONDON. Its fearful characteristics are truthfully pourtrayed, but at the same time so beautifully blended with the Wonders of the Pyrotechnic Art, 'slat delight is predominant over terror: and the Thousands who nightly crowd the Gardens hail it with acclamations, and admit that Soutbby, the Unrivalled Pyrotechnist has achieved a matchless triumph. The Gardens and Zoological Collection are in the most perfect state, and combining so many and interesting features, are by far the most attractive lounge in or near the rretropoli<. Doors open at Nine—Feeding of the Animals at Half-past Four— Concert at Half-past Five.—Conflagration at Dusk. Admittance, One Shilling. EGYPTIAN HALL, PICCADILLY. IMPORTANT NOTICE. UNE SHILLING Admission to THE NAPOLEON MU SEUM, the most magnificent and extensive Collection of Histo rical Curiosities and Works of Art ever known to have been formed by One Person, during Twenty-five years of :.laborate research, at a east of finmo guineas, and to completely illustrate, in the most in structive and interesting manner, the most important part of Euro "au history, viz.—CHARLES 1., OLIVER CROMWELL, ard LOUIS XIV., to the deaths of GEORGE H 1., and the EMPEROR ,VAPOLEON, in 1821. This unique Museum has been visited often , daring th e aid present year, by the Royal Family, the Duke of 7.__ ealin gton, the Foreign Princes, Ambassadors, aril their Ladles, ALSO, many thousands of the Nobility and Public ; and the Pro rrietor has recently been able to Ines ease, by several very fine pictures, &c., his Previous almost incredible number and variety of Works of Art , and a multitude of valuable Relic- and other curiosities, in this mostorstructive and. as hundreds ha . re said it ought to be, a National Maseum. istary thousand have Inspected it, find THIRTY PRINCIPAL EDITORS of the PUBLIC PRESS &aye stated that it ough' to be seen by every one. The price of &dona tion is reduced to ONE SHILLING. The NAPOLEON MUSEUM is to be seen only at the Egyptian 11&11." Piccadilly, daily h orn Ten till Dusk, We have to announce the death of Mr. Francis Bailey, F.R.S., President of the Royal Astronomical Society, who expired on Frida y l ast , at his residence lotnled Tavistock-place, Russell-square, in the 71st year of h i s age. His scientific attainments were of the highest order ' • be was a doctor of c i vil law, member of the Royal Irish Academy, a fellow of the Linnean and Geological Societies, and a fellow of the Royal Society, having been elected of that body in 1821. lie was cor respondent for several learned and scientific societies abroad, amongst others—the Royal Institute of Paris, and the Academy Royal at Berlin. His death will be regretted by a large circle of friends and acquaintances, by whom he was deservedly esteemed. DEATH FROM LIGHTNING. —During a thunder storm, on Saturday evening last, three persons were struck by the electric fluid on Sandford-hill, in the parish of Widscombe, Somerset ; one of them, a lad, about eighteen years of age, named George Hares, was killed on the spot ; the poor fellow's clothes, including his hat and shoes, were literally torn to pieces and scattered on the ground. A man, named William Adams, who was near him at the time, had an exceedingly narrow escape, the slle of one of his boots being completely torn away without injury to hi m f ur th er th a n blist e ring his foot. The track of the electric fluid is visible on the ground for about thirt— yards, in some places on the surface, and at others dipp.ng 6 few inches under.—Oristol Gazette. THE W-EATHER.—Sux OFFICE, SEPT. 2. THERMOMETER, Lowest, 47; Highest, 70; Noon, 73. BertoxETEE, 30.65.—Virnin, W. NcrrE.—The number 32 on the Thermometer denotes the freezing point, and 55 temperate. In Barometers fair is u tially placed opposite 30, and rain at 29. HIGH WATER AT LONDON-BRIDGE THIS DAY. M)rning .450 minutes after 4 I Evening ... 5 minutes after 5 '- • • 44. ,aprr . i. o w- -411.14,„ .mo, 114 ,„' SECOND EDITION. 114 P trtning LONDON, MONDAY, SEPTEMBER 2, 1844. A new society, entitled the "Athenic Institution," has, it appears, been lately started at Birmingham. As the origin of this institution is not a little interest ing, we subjoin a brief account of it. It seems that about two or three years ago, four young men of the working elasses being desirous of cultivating their minds, decided on the establishment of a society by which they might be enabled, in their leisure hours, to engage in intellectual pursuits and rational sports and amusements. They accordingly—though not without difficulty—got together some twenty or thirty young men of their own grade in society, submitted to them their project, obtained their promise of co-ope ration, and then formed themselves into a sort of club to which they gave the name of the "Athenic Institu tion." In this institution they divided themselves into reading, writing, arithmetical, drawing,and other useful classes, to which, says the Birmingham journal, they added arrangements for the enjoyment of the good old manly, out-door and in-door English sports and recreations. For some time, as might have been expected, their society continued on a small scale, but gradually their numbers increased, the moral influence of their example began to make itself felt in the town, and they were at length enabled to take large rooms, which they fitted up in a most tasteful manner, and then issued a public address in explana tion of the objects of their institution. The next step of this juvenile association was to choose a patron, and after some discussion on the subject, they selected Lord Joni( MANNERS, who replied in the most flattering terms to their communication, and accepted an invitation to dine with them on Monday last, at their new rooms in Birming ham. At this dinner his Lordship, who was in the chair, after expressing his cordial approval of the objects of the " Athenic Institution," went on to ob serve that it was, in his opinion, necessary for the hard working men of Birmingham to enter their protest against the modern dogma which would seem to assume that no recreation was necessary for the work ing people of England, and which appeared to have adopted for its motto what would, he had imagined, have been held in universal reprobation—namely, All work and no play. "He called it a modern dogma," added the Noble Chairman, " because history proved to demonstration, that every nation of antiquity deemed it a matter of the highest importance to pro vide for the relaxation and amusement of the working classes." Not only the legislators and rulers of antiquity had this considerate regard for the health ful recreations of the humbler and more industrious orders, but those of our own country were equally provident and politic in their views on this important subject. Both before, and many years subsequent to, the age of ELIZABETH, the amusements of the work ing classes were protected by Government with a soli citude truly paternal. Each season of the year was allowed its characteristic holiday, when the highest mingled with the lowest in unaffected good fellow ship ; amusements, suited to the period, were provided both for the summer and the winter evenings ; great historical events were commemorated with general re joicings; and nothing was neglected that could give a healthy, cheerful, bracing tone to the feelings of the community at large. The consequence was, that de spite the domestic troubles with which she was so frequently beset, England was really and truly " merrie England"—a land which could boast as hardy, as industrious, and as happy a labouring population as any recorded in history. Is that the case now ? Can it now be said with any truth of this country, that her operatives are cheerful and orderly her peasantry obedient, contented, and grateful ? Let the midnight vagaries of SWING, and the rapid spread of Chartism, which is nothing more than the voice of the poor man's despair, make an swer to this question ! The higher and the middle classes have much—very much to answer for, in hav ing so long and so perversely neglected the interests of the lower orders. If the peasant is alienated from the landholder, and the operative from the manufacturer, it is the latter, rather than the former, that are to blame for such estrangement. When men are treated as slaves they will exhibit the vices of slaves—when they are treated as mere machines, they will exhibit the insensibility of machines. To draw forth the kindlier and nobler feelings of their nature, you must treat them with respect—with forbearance—with humanity. This is not only an act of duty, but an act also of the most consummate policy, since there can be no sure guarantee for the permanent tranquillity of a country where the ;vast mass of the working classes are kept in a state of subordination, no from respect nor gratitude, but solely from an apprehension of punishment. Fortunately, the higher and middle classes of society are at length awakening to a conviction of this truth; and we do hope and be lieve that the period is not far distant when the poor, oppressed workman will no longer be able to say with any truth, that he is treated with neglect and insult by those who should be his best friends and benefactors. For an admirable specimen of " Justices' justice," we refer our readers to our Gravesend police report . It appears that a Mr. WILLIAM SMITH, a gentleman, but who in reality, is the scion of a noble family, and holds a lieutenantcy in one of the regiments sta tioned at Chatham, had, between twelve and one o'clock on Thursday evening, kicked his heel against one of the Star steam-packet boards, placed against the rails in the crescent, and broke it in pieces. A policeman inquired of him for what reason he had so wilfully damaged the board. No satisfactory reply was given, and the policeman then felt bound to take him into custody, there having been numerous complaints re specting the breakage ofseveral steam companies' boards. The prisoner not being in custody to meet the charge on the following morning, Mr. OAKEs informed his brother magistrates that he had been waited upon early that morning by the friends of the unfortunate young gentleman, in the hope that he might be li berated, as he had to mount guard at an early hour on that day, and if he was not in attendance the con sequence might prove most serious to him. li e , therefore, consulted with the police as to the offence the prisoner had committed, and finding that it was one of those foolish, boyish freaks, he allowed him to be set at large, so that he might go on duty. They, therefore, would adjudicate upon the case in the ab sence of the accused. The other magistrate naturally asked it' there had been no security given for the man's appearance on his liberation from the police, and the report thus goes on :—" Mr. OAKES (very low) —No, no ; the police are satisfied. Now let us hear the evidence." Hav ing heard the evidence Mr. OAKES delivers judg ment in these words : " Well, we fine the ac cused ss. for the offence, and if the officer will go down to the Falcon Tavern and present my compli ments to Mr. FRENCII, stating the amount of the fine, it will be paid." This is the rich man's law. For the poor man's law turn we to a case adjudicated on the same morning, by the same magistrates, in the same Court :—" A poor donkey-driver wa.3 charged with driving his ass without kbadge empower • ing him to do so. Mr. OAKES observed that if the laws were made they must be attended to, and the least they could fine the prisoner was the amount of expenses he had incurred, viz., 7s. Gd., which the poor fellow reluctantly paid out of his hard-got earnings, and was then allowed to depart." Mother COLE, with her Prayer-book, was nothing to Mr. OAKES. Admire his administration of the law o f jackasses ! With what dignified severity doth he rebuke the delinquent donkey-driver—.« If the laws were made they must be attended to." It is to be hoped that he made the same observation to " th e unfortunate young gentleman" before he libe rated him at the request of his friends ; and it is to be hoped that " the unfortunate young gentleman" was duly penitent, and did not laugh in his sleeve at Mr. OAKES as he mounted guard that morning, and that none of the military friends of " the unfortunate young gentlemen" will be seduced into running even to Gravesend to have a ss. " lark," trusting to the kind heart of OAKES to liberate them in time to mount guard the next morning, lest the consequences of not being in attendance might prove most serious to them. The consequences of non-attendance on his customers that morning were no doubt most serious to the donkey-driver ; but then he was not " an unfortunate young gentleman." We are told by persons in authority that the poor are becoming every day more and more demoralised—that they are losing all reve rence for the laws, and pay no respect to those who have heretofore been considered their superiors. Are the distinctions thus made between donkey-drivers and " unfortunate young gentlemen" likely to increase the reverence of the poor man for the laws, or his respect for those entrusted with their administration. English men like justice in all places, and if those in authority wish to enjoy that respect from their fellow-subjects, which has heretofore been paid to them, they must administer the law, fairly and equally to all— without favour, without affection, and without making any distinction—" unfortunate young gentlemen" and other classes of the community. The news from Spain comes down to the 25th ult. Accounts from Madrid, to the 24th, represent that city as perfectly tranquil. Their Majesties, the two QUEENS, bad been waited on by the corps diplo matique, to congratulate them on their return to the Spanish capital. News of the bombardment of Mogadore had reached Madrid, at the date of these advices, and the Prince DE JOINVILLE was said to have returned be fore Tangiers. According to the renewed declara tion of the Globe, peace had been concluded between Spain and Morocco. The other news from Madrid may be thus summed up :—The Three per Cents. were done at 27 7-16, at sixty days; the Five per Cents. at 20; and the Floating Debt at 61i, at sixty days. CORDOVA had been designated to act as Captain- General of the province, in the absence of M. MA ZARREDE, and QUINTIN VELASCO, a brigadier of en gineers, had been appointed military commander. The grand levee, held at the palace on the 25th ult., in honour of the feast of the Infant Donna LUISA, sister of Queen ISABELLA, was of the most brilliant description ; and the whole assemblage were struck, we are told, with the healthful ap pearance of both QUEENS. M. MAZARREDE was ex pected to forward his resignation of the the post of Captain-General of Madrid, from the Pyrenees, whither he had proceeded to drink the waters. It is imputed tolhim that be was the main occasion of the discontents lately manifested by the troops in garri ion, at Madrid, owing to his general mismanagement of affairs; and particularly his suspicious nature, which is asserted to have kept them constantly on the qui roue, without any adepuate motive or justifi cation. We note, with satisfaction, a somewhat modified— if it be not yet a friendly—tone, in the observations of the French journals of Saturday last, on the pro gress of events in Morocco, 'and their influence upon the relations between France and England. The Debats is almost facetious on some of the inconsis tencies which it assumes to have detected in the lucubrations of some of our morning Contemporaries, here, in their mode of treating these questions. The Globe eulogises the juster appreciation which has been formed of them by the men of sounder reason in both kingdoms. The National somewhat sarcastically qualifies its congratulations to the English press on its return to views of " moderation and good sense," by the remark that " this return would have been more meritorious, had it taken place a few days sooner, and before the battles'of Mogadore and Isly." The following extracts are sufficiently characteristic. The Debats, after observing on the extreme atten tion with which the operations of the French squadron on the coast of Africa are watched, here, adds— " There is nothing in that which can surprise us, or at which we ought to take offence. The war which we wage on the Emperor of Morocco is a far more im portant matter to the English than that which they waged with the Emperor of China could be to us. There is not, whatever may be said, any parallel to be drawn between the island of Mogadore and that of Hong-Kong. If England had thought it right to take possession of the whole Celestial Empire, we should not have con ceived any uneasiness for Marseilles or Toulon; but if France should occupy in a permanent manner Tangiers or Morocco, England would assuredly have some reason to be uneasy. We therefore comprehend perfectly well the sentiment of disquietude which is manifested by certain English journals, but we regret for them that they do not express it more reasonably, and that they do not better know how to dissemble their jealousy or ill humour. It must, however, be allowed that they do not all employ the same language. The more sensible ones, such as speak to men's reason, and not to their passions, as the Morning Herald and the Standard, make no difficulty in avowing that France is in her right—that patience, mode ration, and justice are entirely on her side. But there are others, which not being able to contest the evident right of France, have recourse to hypotheses, and take the trouble of reasoning, or rather not reasoning, on eventualities which to all appearance will never take place. The Times, for instance, is disagreeably affected by the occupation of the island of Mogadore, and that prima facie appears to it suspicious. However, after reflecting maturely, it at last discovers that there is nothing to object to. But if France were to take possession of other points of the territory, if it should transform its provisional occupa tion into a permanent one, if it should turn Morocco into a second Algeria, oh ! then that would be a grave case, and England ought to demand explanations and repara tions. Why does not the Times say that if a French squadron should go and bombard the Tower of London or St. Katherine's docks, the English Government would demand explanations ? Since it is in the vein of hypo thesis—why stop short when going on so well ? The French Government has declared ten times over that it has not the slightest intention to aggrandise its territory, and that, if it were forced to take it, it would not keep it." The Globe says : "It will be seen by our extracts from the London journals how far the reasoning of men of consideration in France and England has dispersed those absurd va pourings of war which have obscured certain heated brains. The fact is, that great affairs are like the ancient poets ; they hate a crowd, and retire from it, because it is passionate and tumultuous, while they have need of calmness and moderation." The National remarks that " the English press has completely ceased joking about the skill of our marine artillerymen ; the Times itself no longer says that the tricolour flag has dishonoured itself in Africa, and its rhodomontades have given place to the most pacific reflections." And it declares its opinion that except ing only two of the London journals, " which fire up more and more, and which even go so far as to pre tend that England cannot, without dishonour, abstain from repressing by force the occupation of Mogadore, all the other organs appear to have recovered the use of reason, and acknowledge—first, that France had a perfect right to do what she has done; secondly, that the victories of our troops, instead of proving a brand of discord in Europe, are a guarantee forpeace." In Galig,nani s Messenger we have this notice : " Some of the Opposition journals state on the faith of accounts from Morocco, that munitions of English manufacture were found both at Mogadore, and among the stores in the Moorish camp, captured by Marshal BUGEAUD." We take leave to doubt the fact; of the animus with which the statement is put forward, thera can be no doubt. But even if the case should turn out to be precisely conformable to the announcement of the French Opposition journals ; what then ? Will they point out any treaty or obligation into which we have entered with France, or any other European Power, not to supply Morocco, with which empire we have long had a considerable trade, with arms and munition of war of British manufacture, if the Government, or the subjects of the EMPEROR should need them ? We spak more particularly of that long interval, but just now interrupted, in which our ally, the Moroquin SOVEREIGN, was at peace with almost every other European state as well as our own. We suspect that military arms and munitions form a considerable portion of our exports, at all times, to these African independencies. Besides, the state parasol captured in the baggage of the Em- PEROR'S son, turns out to have been made in Paris ! We cry " quits !" THE BOURSE-SATURDAY, AtTOITST 31. First Highest Lowest _ . Price. Price. Price. Price. French Five per C rats ••• • .• 120 55 .. 120 65 120 40 .. 120 65 Three per Cents..... 80 CO .• 80 85 80 40 .• 80 85 Bank of France • • .• • • • • • 3045 ..3045 .•3045 3045 Laflitte Bank, I,ooof. SharesloBo ..1080 —lOBO 1080 5,000 f. Sharesso6o —5060 ..5060 ..5060 Belgian Fives, 1840 .• • lO4 .. 104 .. 104 .. 104 1842 .• . • .... 1661 .. 1061 .. 1061 .• 1061 Spanish Passive 014 Deferred ••• • .. 5; .. 57 .. .5i Dutch Two and-a-Half .• • 611 • • 611 • . 611 • 611 NeePolitan ••••.. • • • ... • • • 97 90 • • 93 .. 97 90 .• 98 8.0214 a .......... 104} .. 104} .. 1041 1041 THE SUN, LONDON, MONDAY EVENING, SEPTEMBER 2 844 . RAILWAY SHARES. fat. Germain •• •••• •••••••• 877 50 .. 677 50 .. 877 50 .. 877 50 Versailles, R.B. ....... •.. 376 25 .. 377 50 376 25 .. 377 50 L. 13 •••• Rouen.. .• •• •••• •••• •••• 970 •• 970 967 50 .. 967 50 Rouen to Havre•-•• Orleans .......• • • • • • • Strasburg to Bale ••• RAILWAY SHARES FOR THE ACCOUNT, 31ST OF AUGUST. St. Germain . ..... ••• • • • 880 .. 885 880 885 irersailThes,R.B.•• •••• 376 25 .. 25 .. 380 L.B.•••••••••••• 243 75 245 .. 242 b 0 .. 243 75 Rouen ........ •• ....•• •• 967 tO .. 94 50 .. 963 75 .. 967 50 Rouen to IIavre..•••••••••• 732 50 •• 732 50 732 50 .. 732 50 Orleans .......•• •• • • •• •• •• 95 7 5 0 .. 963 75 .. 957 50 .. 963 75 gin - liburg - - to Bale ••••• • • 238 75 .. 233 75 . 238 75 238 75 Avignon to Marseilles 750 750 .• 750 .• 750 THIS DAY'S NEWS. THE CABINET CouNcii.—The Chancellor of the Exchequer arrived in town early this morning. Lord Stanley, Lord Wharncliffe, and Sir James Graham, also arrived this morning to attend the Cabinet Council, which is appointed to meet at two o'clock at the Foreign-office, Downing -street. The Lord Chan cellor is expected to arrive in town this afternoon to attend the meeting. The Council is expected to be attended by most of the members of the Cabinet. The Duke of Wellington and Sir Robert Peel are staying in town. After the breaking up of the Ca binet Council, Sir Robert Peel will, it is expected, proceed to Windsor Castle. MARKET NEWS.-(THIS DAY.) CORN-EXCHANGE.-MONDAY. The arrivals of all kinds of grain of home produce up to our muket during the past week, have been only mo derate ; Tut those of Foreign Wheat, Barley, and Oats, have been rather extensive. Rather a large quantity of Wheat came to hand coastwise, as well as by land car -ffrooumrthKseonft'wEexhiscsh; and Cambridge ere of the present s r h ia i g re e, year's growth, and of very superior aatnleast quality. Owing to p the fine weather for harvest work in the north of m t r l e e s e Eng land—for in the forward districts nearly the whole of the grain has been secured—the demand for all kinds of English Wheat was in a very sluggish state, and, in order to effect sales, a decline in the currencies ob tained on Monday last of from is to 2s per quarter was submitted to by the factors, and a clearance was not effeced. The accounts which have come to hand to-day, relative to the progress of field work, are in the highest degree satisfactory. The show of free Foreign Wheat was good, while the sale for that article was excessively heavy, at an abatement in the quotations of 2s per quarter, while in Corn under lock scarcely a transaction took place. No English Barley at market, if we except a few parcels of new, which were in middling condition. Foreign parcels were heavy, but we have no alteration to report in value. The best Malt was in retail inquiry at full pFices. In other kinds next to nothing was doing. The supply of Oats was not large. Fine potato qualities were quite as dear; but other kinds were a mere drug. Beans and Peas moved off slowly, yet previous rates were supported. The Flour trade was very dull, at barely stationary prices. In Seeds we have but few sales to report, at late rates. _ . - _ CURRENCY PER IMPERIAL MEASURE. WHEAT—Essex de Kent, ;M ALT —Chevalier......... 638 to.— red— ...... 4os to 50s OATS—Yorkshire and Ditto, white Norfolk and Lin- Potatoe coin, red ....... ..... 39s to 46s Youghall and Cork, Ditto white 4os to 53s black ... ........ .... 178 to les Irish, red 478 to 50s Cork, white ... ...... 198 to 203 Ditto, white RYE—Old 258 to 33s' BEANS Tick. 268 to 30, New 365 to 38s' Pigeons BARLEY—Grinding 23s to 27s' PEAS Grey ......... ..... 316 to XI, Malting Chevalier 32s to 35s White 35s to 39 £ MALT—Suffolk and Nor. Boilers 32s to 38, folk s6s to 62. FLOUR—Town made ... 44s to 46, Brown 5Ol to 54s Stiffo`k 341 to 38, Kingston and Ware 568 to 62s Stockton k Norfolk 33s is 3( , FOREIGN GRAIN AND FLOUR IN BOND. WucAT--Dantzic ....•• 48s to 568'BeAns ........ Hamburgh ..... ....... 36s to 40s Pees 236 to 271 BARLEY 3OB to 33s FLOUR—American ...... 238 to 258 OATS—New Feed ..... ........ ..... 148 to 168 SMITHFIELD. _ • For the time of year the supply of Beasts was very extensive as to numbers, and of fair average quality. This circumstance, together with the comparatively small number of country buyers in attendance, and the unfavourable state of the weather for slaughtering, caused the Beef trade to rule excessively dull, at in some instances a decline in the value of the ?rimest breeds of 2d, while the quotations of the middling and inferior qualities were 4d per 81bs lower than on this day se'nnight, without effecting a clearance ; indeed, nearly 400 Beasts left the market unsold. During the past week the imports of foreign stock into London and the various outports have been but moderate, they having consisted of only 60 head from Rotterdam. This im portation shows the following result for the present year, ending on Saturday last:— Head. London B4O IMPORTS. Liverpool Hull Southampton l4B Total 1,327 To day there were only six oxen on offer from Rotter dam, but they commanded very little attention, and only realised from 171 lOs to 181 58 each. The Bullock droves, from Lincolnshire, Leicestershire, and North amptonshire, consisted of 1,600 short horns. From Norfolk, Suffolk, Essex, and Cambridgeshire, there were received 400 Scots and homebreds ; from the western and midland districts, 450 Herefords, runts, Devons, lize.; from other parts of England, 380 of various kinds; from Scotland, 260 horned and polled Scots; and from Ireland, 60 beasts. The supply of Sheep being again very large, the Mutton trade was in a depressed state. However, in some instances, the primest Downs sold at last week's quotations, or from 3s 10d to 4s, but the general currencies suffered a decline of quite 2d per 81bs. As is almost invariably the case at this season, the Lamb trade was very dull at almost nominal fig,ures. The Veal trade was again heavy, and the quotations had a downward tendency. Pigs were a mere drug, but not cheaper. Per Bibs. to sink the offal, i. CI. to s. d. _... s. d. to F. d. Inferior Beasts ..... .... 2 6 ! 8 Second qualityilitte... 3 4 3 6 Second quality ditto... 210 3 2 Coarse-woolled ditto.. 3 8 310 Prime large 0xen...... 3 4 3 6 Southdown Wethers 310 4 0 Priv , Scots, &c. 3 2 310 Ditto out of the 1 woo --• time ._ .., ._ Large coarse Calves 3 4 310 Large Hoii --- "-- 3 0 3 3 Prime small ditto 4 0 4 4 Small Porkers 3 8 310 Suckling Calves, each 18 0 33 0 QuarteroldPigs,eachl6 0 20 0 Inferior Sheep SUPPLY AT MARKET. Beasts. I I Sh 36,e04pe0 . I Calve 113 I s. I Pigs. 3,9:1 360 7133377GELTa . AND LEADErriam,y. Owing to the prevailing warm w ea th er t h e arr i va l s o f country killed meat since . Monday l ast h ave b een ver y limited, and of inferior quality. The su p p li es o f mea t slaughtered in the metropolis have, however, been ex tensive. Prime Beef and Mutto n h ave comman d e d a steady sale at full prices ; but, with all other kinds of meat, the trade has ruled heavy, and the quotations have had a downward tendency. At per stone, by the Carcase. s. d. to s. d. s. 4. to I. d. Beef, inferi0r............ 2 2 2 6 Mutton, inferior 2 4 210 ^ i - 11Id4ling•••••••• 28. 2 10 ---- middling 3 0 3 4 prime _ lar ge ~••••• 210 3 . 0 ------ prime 3 6 3 F ---prime small ..... 3 2 3 6 Pork, large.... Veal ........ ............... 3 4 4 4 ---small ....... Lamb. 3s 4d to 4s litd. ARRIVALS DURING THE PAST K . Beasts. Sheep. Calve.. Pigs. 50 30 60 60 Scotland Yorkshire Norfolk Suffolk Cambridgeshire Essex l4 60 11 450 Surrey 2O 100 50 70 Devonshire Wiltshire Other parts 128 400 290 453 Total 5O Previous week's Arrival Diffbrence since our last NOROUGH AND SPZTALPIELDS. For the time of the year, the supplies of Potatoes continue extensive, yet the demand is in a very active state, at full prices—or from 41 to 61 per ton. BOROUGH HOP IVIARALLT. From nearly or quite the whole of the plantations, the accounts come more favourable. In parts of Kent and Sussex, picking has already commenced, and we have had a few pockets from the former county in fair condi tion, and which have found buyers, at from 91. to 10/. per cwt. The trade is extremely heavy, and prices are barely supported. The duty has advanced to 130,000/ Weald of Kent pockets, 6/ 4s to 61 12s ; Mid Kent ditto, 71 4s to 91 16s ; East Kent ditto, 71 5s to 9/ ; Choice ditto, 101 to 111 I Is; Sussex ditto, 6/ to 6/ 10s; Mid Kent bags, 71 to 815 s. Further additions WOOL have be M en AR again KET made to the stocks of Colonial Wool in London, the imports from New South Wales during the week havinc , amounted to 1,800 bales. Of Foreign Wools the arrivals have been rather limited, viz., 600 bales. No public sales are as yet an nounced, but auctions are looked forward to about the middle or latter end of the present month. For English wool the demand has ruled rather inactive since this day se'nnight, yet prices have been supported. Foreign Wool has also been a slow sale ; but in Colonial, espe cially in the finest qualities, a larger business is doing. TALLOW MARKET. This market continues firm, and the demand a fair one for the time of year. The last arrivals from St. Petersburgh brought us rather easier prices, wieh more inclination on the part of the Russians to sell. Up to the 20th of August, the shipments were 10,000 casks less than last year ; and of the quantity already dispatched to Great Britain, there is only about half the number of casks to the same period last year. Town Tallow 40s 6d to 41s, nett cash. DREADFUL FIRE AT HAMBURG/1,-400 HOUSES DESTROYED.—On the 9th of this month a fire broke out in a narrow street near a th ea t re , a nd spread with such rapidity to the higher part of the city, that in a few hours about 400 houses, among which are many of the finest in the city, were reduced to ashes.—Hamburgh Borsen halle, Aug. 30. The Deptford Theatre, after having undergone ex tensive., repairs, is about to be opened by Mr. Cocker'll, the clever comedian of the New Strand Theatre. A Mr. W. Buckstone, an aspirant to dramatic fame, will make his debut there. NAVIGATION OF THE THAMES.—On Saturday the new regulations that have been agreed upon by the Right Hon. the Lord Mayor and the Court of Aldermen came into operation, respecting steamers or steam-vessels going up and down the river Thames. No Steam-boat is henceforth allowed to go at a greater rate of speed between Teddington Lock, in the parish of Ham, in the county of Surrey, and Staines, in the county of Middle sex, than at five miles the hour with the tide, and four miles an hour against the tide, without incurring the penalty of 5/. for every such offence. THE STATE TRIALS. WRIT OF ERROR. HOUSE OF LORDS.-(THIS DAY.) OPINIONS OF THE JUDGES. This morning being the time appointed for the Judges to give their opinions on the points submitted to them by the House of Peers in the important case of the Queen v. O'Connell and others, the approaches to the House of Lords were occupied at a very early hour by persons anxious to gain admittance. The doors were opened at ten o'clock, but long before that hour a crowd of persons had assembled outside, and when they were opened there was quite a rush. The space below the bar of the House was crowded with spectators and counsel. The Counsel for the Crown and those who appeared for the traversers occupied the places in front. All those engaged in the cause were present, except the Attorney-General ; the re mainder of the place below the bar being appropri ated to the use of spectators. Several elegantly dressed ladies were present in this part of the House. The galleries were crowded within a few minutes after they were opened. On our admittance to the gallery we found the greater number of the Judges and of the Law Lords present. The Bishop of Lich field read prayers. Among the Judges present we observed Lord Chief Justice Tindal, Mr. Justice Patteson, Mr. Baron Gurney, Mr. Justice Williams, Mr. Justice Coltman, Mr. Justice Wighttnan, Mr. Justice Manic, Mr. Baron Alderson, the Lord Chief Baron, and Mr. Baron'Parke. Among the Law Lords were the Lord Chancellor, Lord Denman, the Lord Chief Justice ; Lord Brougham, and Lord Campbell. Lord Cottenham arrived shortly after the commence ment of the proceedings. The Duke of Cambridge was in the House before the commencement of the proceedings, as were Lord Beaumont, Lord Redesdale, the Earl of Dalhousie, Lord Strangford, Lord Boston, and Lord Tankerville. GRAY V. THE QUEEN. Mr. Justice WIGHTMAN proceeded to deliver his opinion in this case, in which the question submitted to the Judges was, whether a party charged with treason and felony had a right to the peremptory challenge of a jury after they had been sworn. '1 he Learned Judge gave his reasons at considerable length, and was clearly of opinion that the Court in Ireland ought to have allowed the challenge. Mr. Justice Coltman and Mr. Justice Williams were of the same opinion. Baron GURNEY said he concurred in the opinion of the Learned Judge who had preceded him. He did not think that the distinction of the right of challenge being allowed only infavorem vitae was sound. Mr. Justice PATTESON concurred in the opinions which had been expressed by the other Learned Judges, and thought that the peremptory challenge ought to have been allowed. Mr. Baron PARKE said that he regretted he felt obliged to differ from the Learned Judges on the question put by their Lordships. The question ap peared to him to be, what was the rule of common law in allowing peremptory challenges, whether it extended to all cases of felony or to capital offences only? It was contended, on the part of the prisoner, that the right of peremptory challenge existed in cases of felony, whether capital or not; the Crown con tended that it extended to capital felonies only. He considered this was a question of common law only ; and, in his opinion, Parliament had not interfered with the subject at least by any express statute. The 9th Geo. IV., cap. 54, enacted that no person arraigned for treason, murder, or any other felony, should be admitted to the right of peremptory challenge beyond the number of twenty. This statute was expressed in negative terms. The statute of the 10th and 11th of Charles 1., which was repealed by the statute of the 9th of George IV., was also in negative terms, and did not enlarge the right of peremptory challenge. It left it as it existed before, but it reduced the number from thirty-five to twenty. These statutes left the question as it was before—a question of common law. What they had to deter mine then was, what the common law on the subject was, and to ascertain what that was, they should have recourse to those authorities from which they derived their information in such cases. In the first place, the only decisions of the Courts were those which had taken place in Ireland, and all those decisions had been in favour of the Crown, and had been constantly acted upon. He thought that this was a matter of great weight and consequence. The practice in Ireland showed that the privilege of peremptory challenge did not belong to all felonies, but was confined to those which were capital. On the other hand, the English practice was to allow the right of peremptory challenge, but it should be borne in mind that no objection was ever taken in this country, the prosecutions in such cases being con ducted by private parties and not by the Crown ; and also that a like practice prevailed in cases of mis demeanour, no impediment existing to prevent the defendant from objecting to as great a number of jurymen as he thought proper. There was consider able force in the remark of Mr. Justice Crampton that this peremptory challenge was a concession and not a right. It had been said that the right of peremptory challenge was not confined to cases affecting life only, inasmuch as it had been allowed in cases of misprison of treason. Nov it was doubtful if even the right of peremptory challenge had been allowed in cases of misprison of treason. At all events the statute of Geo. IV., which;related exclusively:to Ireland, made no mention of misprison of treason. He, therefore, was of opinion: that the right of peremptory challenge did not exist in cases of non-capital punish ment. He believed that it had not been the object of the Legislature, when they passedthe Act of Geo. IV., to take away from the accused any right which he had before possessed, by depriving him of the benefit of clergy. Such a result had not been contemplated by the Legislature, nevertheless such had been the result. It was not however the duty of the Judges to supply the defendants of the Legislature—it was their duty to administer the law as they found it, and in his opinion the challenge had been properly dis allowed. Lord Chief Baron Poixocx was of opinion that the Court ought to have allowed the challenge. The sta tute of the 9 Geo. IV. placed the law in Ireland on the same footing as the law in England, and in this country the right of challenge was regulated by the statute of 22 Henry VIII. ; by that statute it was enacted that no person arraigned for any petty treason or felony should be admitted to challenge peremptorily above twenty. That by implication gave him a right of peremptory challenge under twenty. There was nothing to show that the life of the accused must be in danger, in order to entitle him to peremptory chal lenge ; on the contrary, the practice was al ways to allow the peremptory challenge. In cases in which the law took away capital punishments he- was of opinion that all the privileges of the accused remained, unless they were expressly taken away. For these reasons he was of opinion that the challenge ought to have been allowed. Lord Chief Justice TINDAL was of opinion that the Court below ought to have allowed the challenge on the part of the prisoner. No prisoner could be de prived of an important right by implication. Peremp tory challenge was always allowed in favorem vita, and it was also allowable in all cases of felony, for anciently all felonies were capital. Now, it would be dangerous to contend that the right of challenge was taken away, because a statute had abolished capital punishment. The punishment of transportation for life was unknown to our ancestors—had they known it, a punishment almost as severe as death itself, it was impossible to say with what safeguards they might not have thought it right to invest the accused. The ground on which the argument on the part of the Crown in the present case rested was, that the statute Ist of Victoria must be so const rue d by impli cation as to deprive the prisoner of the privilege of peremptory challenge. It appeared to him that such an implication could not be resorted to in the case of a privilege beneficial to the prisoners, and em ployed by him in practice, if not in strict right, for centuries, unless such implication were unavoidable to give effect to the statute. No such necessity appeared to exist. Upon these grounds he humbly offered as his opinion, in answer to their Lordships' question, that the peremptory challenge tendered in this case ought to have been allowed. The further consideration of the case was then ad journed until Wednesday. STATE TRIALS. O'CONNELL v. THE QUEEN (IN ERROR). Lord Chief Justice TINDAL said, the first question proposed by their Lordships to her Majesty's Judges was this, namely :—" Are all, or any, and if any, which of the counts in the indictment bad in law, so that, if such count or counts stood alone in the indict ment, no judgment against the defendants could pro perly be entered upon them ?" The answer to this question would depend upon the consideration whether all the counts of the indictment were framed with that proper and convenient certainty, with respect to the substance of the charge of conspiracy, which the law required. For undoubtedly, if any of such counts were framed in so loose, uncertain, or inapt a manner as that the defendants might have availed themselves of the insufficiency of the indictment upon a de murrer, there was nothing to prevent them from hav ing the same advantage from the objection upon a writ of error. To constitute the crime of conspi racy, it was necessary that two, or more than two, should agree to do in effect an illegal thing, that is to effect something in itself un lawful, or to effect 'something which, though in it self lawful, was sought to be brought about by un lawful means. That it was an offence unknown to the common law, and not first created by the statute , of the 33d Edward I. was manifest. That statute spoke of conspiracy as a term at that time well known to the law, and professed only to be a definition of conspirators. It had accordingly always been held to be the law that the gist and the effect of conspiracy was the hare engagement and association to break the law, whether any act in pursuance thereof were done ' by the party or not, King v. Edwards. No serious objection appeared to have been made at their Lordships' bar against the efficiency of any of the counts prior to the 6th. Indeed, there could be no question but that the charges contained in the first five counts did amount, in fact, to the legal offence of conspiracy, and were sufficiently de scribed therein. There could be no doubt but that the agreeing of divers persons together to raise dis content and disaffection amongst the liege subjects of the Queen, to stir up jealousies, hatred, and between different classes of her Majesty's subjects, and especially to promote amongst her Majesty's sub jects in Ireland feelings of and hostility to wards her Majesty's subjects in other parts of the United Kingdom, and especially in England, which charges were found in each of the five counts, wh . ch first occurred in the indictment, did form a distinct and definite charge in each against the separate de fendants, of an agreement between them to do an illegal act. It, therefore, became unnecessary to consider the charge of conspiracy to do other acts whi_h were alleged to be within the scope of the agreement. With respect, however, to the sixth and seventh counts, in the form in which they stood upon that record, they all concurred in the opinion that they did not state the illegal purpose and design of the agreement entered into between the defendants with such proper and sufficient certainty as to lead to the necessary conclusion that it was an agreement to do an act in direct violation of the law. Those two counts (lid in substance state in each of them the agreement of the defendants to have been to cause and procure divers subjects to meet together in large numbers for the unlawful and seditious purpose of obtaining, by means of the intimidation to be thereby, caused, and by means of the exhibition and demon stration of great physical force at such meetings changes in the government, laws, and constitution of the realm. Now, though it might be inferred from these counts that the object of the defendants was, probably, illegal, yet it did not appear to them to be so alleged with sufficient certainty. The word "intimidation" was not a technical word, it was not vocabula mortis, being a necessary meaning in a bad sense. It was a wprd in common use, employed, on this occasion, in its popular sense, and, in order to give it any force, it ought at least to appear, from the context, what species of fear was intended, or upon whom such fear was intended to operate. But these counts contained no intimation whatever upon what personsthis intimidat ion was intended to operate. It was left in complete uncertainty whether the intimidation was directed against the peaceable inhabitants of the surrounding places against the subjects of the Queen dwelling in Ireland, in general against persons in the exercise of public au thority, or against all the subjects of the realm. They were looking to the obtaining of these changes by the exhibition and demonstration of large num bers, without looking to the using, or threatening to use, such numbers against any person or bodies of her Majesty's subjects, seemed to them (the Judges) to be simply an exhibition not intended to be carried fur ther. The ninth, tenth, and eleventh coun is the Judges all concurred in the opinion did sufficiently charge the defendants with agreeing with others for purposes which were in violation of the law of the land. He thought it unnecessary to state authorities for the opinion that the agreement of the defendants with others to weaken the attachment of her Majesty's subjects to the ]awful institutions of her kingdom, to bring the laws into disrespect, and to supercede the lawful tribunals established for the administration of justice, was an agreement for purposes contrary to law, and was rightly charged, especially in the 11th count. As to the 6th and 7th counts, the Judges had no doubt that they were bad in law, and that if they stood alone, a verdict for the defendants would pro perly be entered upon them. The next question put to the Judges by their Lordships, "Was there any de fect, and if so, of what nature in the finding of the jury, and the entering of that finding on the record?" On this question the Judges were all agreed, that the finding on the first, second, third, and fourth counts was not supportable in law. In respect to the first and second counts, they held the finding to be bad, on the grouud that the jury found the eight de fendants guilty of a joint conspiracy on each of these counts; but they found certain ones of the eight guilty of other and separate conspiracies under the same counts. The finding was bad as to the third count, because the jury found three of the defendants guilty of all the charges, all the defendants guilty of certain other of the charges, and all, except Thomas Tierney, guilty of others. On the fourth count they found that all were guilty of all the charges except Thomas Tierney, who was guilty of part only. The reason of the Judges for that opinion was that there was only one unlawful agreement charged in the in dictment, and therefore the jury could only find one unlawful agreement on each separate count, for al though it was competent to the jury to find them guilty of different acts on different counts, it was not competent for them to find all the defendants guilty of one unlawful object, and some of them not guilty of other unlawful purposes, charged in the same count, for this was a finding of several conspiracies on a count which only charged one. In the case of the King v. Russell the de cision was strongly in support of this view, for it was ruled that where only one offence was charged the jury could find the defendant guilty of that one only. The Judges, therefore, were of opinion that the finding in the present case is not authorised by law, and was incorrectly entered on the record. The third question was, " Whether it was the opinion of her Majesty's Judges that there was any sufficient ground for re versing the indictment, by means of any defect in the indictment, or of the finding, or entering of the findings of the jury upon the said indictment ?" That question to a certain extent comprised the same points as the 11th question; and as there was a differ ence of opinion amongst the Judges on these points, he begged to inform their Lordships that he was about to express only his own opinion in answer to that question. In order to arrive at a satisfactory answer to the question, it was necessary to consider it as divided into two separate parts—first, whether, in an indictment consisting of several counts, and the finding being good on some and not so on others, was that finding altogether bad on account of its insuffi ciency as to some parts ? Now he held it to be the law, that where the finding is good in the criminal case upon one count of the indictment, and the sen tence authorised by law has been secured, such judg ment could not be revised on the ground that the finding on the other counts were bad in law. In civil actions, indeed, if some of the counts were good, and some were bad, and yet the jury found a general verdict on the whole, that judgment would be reversed, and a writ of venire de novo would be issued, because the damages would be assessed on the bad counts as well as on the good, so that the Court could not say how much damage was awarded on the good counts and how much on the bad, in order to do justice to the parties, and to ascertain how much damage the plain tiff had sustained. The verdict was uncertain in such a case, as the count could not refer the damages, or part of them, to the good counts or to the bad ones separate from the others. That was the rule of law in civil cases, but it had been always considered attended with great inconvenience. In the case of Grant and Assop, Lord Mansfield lamented that it had ever been established ; and, in another case, the same eminent person drew a distinction between civil and criminal cases upon this point, and laid it down that the verdict in criminal cases should stand good, even if it were found upon only one good count.—(He referred to Cooper, 175.) That decision of Lord Mansfield was lately confirmed in the Court of Queen's Bench, when it was ruled that if one count was good and others defective, that might be taken to lessen the punishment, but it could not arrest the judgment. In criminal cases the jury have no other question but whether the accused be guilty of the charge in the indictment, and they have nothing to do whatever with awarding a personal punishment or assessing a fine, which was the pro vince of the Judges only, whether the punishment was fixed by statute or discretionary. Thus uncertainty and confusion arose in civil suits because no assessments of damages could occur in criminal cases in which there was only one offence of which the accused could be found guilty, and in which punish ment could be awarded, whether it was fixed or at the discretion of the Judge. Therefore, in the nature of the thing itself, he saw no reason or principle for which the judgement in criminal cases should be reversed by a writ of error, in consequence of some imperfection in some counts. The practice of framing an indictment on several counts was not known to the ancient law in criminal cases, but it was well known that the intro duction of several counts was not for the purpose of charging several crimes, but for the purpose of pro viding for the complexion which the case might as sume in evidence, and to prevent the escape of the criminal on account of a m isdescription. In the case of a prosecution for cutting and maiming there were now usually introduced two counts, the second charging the accused with the less aggravated offence, but the corpus delicti was the same. But if upon one good count the defendant was found guilty and sen tenced to imprisonment with twelvemonths hard la bour, which was a discretionary sentence, that judgment would not be reversed, and the of fender he discharged from all punishment be cause one of the counts was irregular. In that case the prosecutor was not allowed to have his election, as in a case of felony, but the trial might proceed, and evidence might be opposed for the• several offences distinct from each other. But the con eequences, as far as they related to the present subject of inquiry, appeared to be the same both zs to the charge of felony and the charge of misdemea flour. The amount cf discretionary punishment as pronounced by the Judge, whether it were for a single offence, described differently in various counts of the indictments, or divers and distinct misdemeanours charged in different counts—the discretionary punish ment, as awarded by the Judge, stood in the place Of the fixed punishment in the case of felony. A Court of Error had no more right to presume that any part of the discretionary punishment in cases of misde meanour was awarded, in respect of evi• dence contained in cases of felony, than they had to presume that the fixed punishment given on a defective count was supported by a valid count. It had been argued at their Lordships' bar, that all in stances which hail been brought forward in support of the proposition that one good count would sup port a general judgment on an indictment, were cases in which a motion for arrest of judgment had been made, and not cases in which a writ of error had been brought. This might be true, for as far as had been ascertained there was no single instance in which a writ of error had ever been brought to reverse a judgment on an in dictment on this ground of objection. But it was s fair circumstance for refusal by the Court to arrest the judgment where such arrest was brought on the ground of some defective counts appearing on the record, and assigning by the Court as a reason for such refusal that one good count on which the judg ment had been entered up afforded the strongest argument that they thought the judgment which had been entered up was irreversable on a writ of error, for such answer would not otherwise have been given. It would have had no other effect than to mislead the prosecutor if the Court had been sensible at the time the judgment was entered up that it would afterwards be reversed on a writ of error. This opinion was supported in refer ence to the case, King v. Fuller Ist Bosanquet and Fuller. It had been objected, however, on the part of the plaintiffs in error, that if the judgment were allowed to stand whilst there remained defective counts on the face of the record, it would expose the defendants to some hardships and inconvenience : first, preventing them from availing themselves of the judgment in the present indictment as a bar to a se- cond prosecution for the same offence; and secondly, the possible difficulty of availing themselves of a par don granted for an offence contained in one count of the indictment. If he thought that those consee quences would follow from holding the present judg ment irreversable, he would pause long before he adopted the conclusion to which he had at present ar rived. He could not, upon the best consideration which he had been able to give to the subject, discover ths l any such difficulty really existed. As to the pies. autrefois convict, whatever form of judgment was entered upon the first indictment, whether general on all the counts of the indictment or special on the good • j counts only, it was not a question which would in any • way affect the defendants security. The question 0 0 L , the plea autrefois convict would turn on the form et the indictment in the two cases. It would be a ques tion of evidence only, whether the corpus dilicti vsas the same in both cases, for undoubtedly the former conviction would be a valid conviction until reversed by a writ of error. As to the objection of a difficult, being thrown on the defendants with respect to evy' dente contained in those counts which were con fessedly valid and not extending to evidence on the other counts, it might be answered that no instance could be found of a perdon being granted after judge ment, which did not recite the indictment and convic" tion. Indeed, in cases of felony the pardon would be - void without such recital, and if it was possible to sup' pose a case to happen after such recital, that the Crown should pardon not the whole of an offence contained • in an indictment, but the offence contained in a valid count only, there could be no doubt whatever that the Court before whom such parties were brought to take the benefit of the pardon would discharge them alto. gether when nothing appeared excepting from the pardon the officers described in counts which were not sustainable in law. He did not therefore see sill objection to the judgment in the present case bele; supported on the good counts in the indictment, and on the good counts only. Certainly there was n° authority against that position, and the inference to be drawn from the case of "Young and others V. King," 2 Term Reports, was strong in support a that doctrine, and if the judgment proceeded on the good counts only, the whole difficulty was ended for On the third question, it was not necessarr him to trouble their Lordships at any engtb; The effect of a bad finding on a g° °° count was in reality no finding at all. If the fin ding were not such as might be sufficient to connect tn e defendants with the offence charged in any particular count, the effect as to them would be the same The such count did not appear in the indictment. T" bad finding on the good count and the good finding on the bad count appeared to him to stand on the saw footing with respect to the validity of the judg_merA as they did with respect to the whole record. Theo: was no legal presumption that the judgment co lll ' be arrested on one or the other, and for this reason he ti offered it as his humble opinion, in answer to the Oil' question, . that there was no sufficient ground for r e ; vershag the judgment by reason of any defect in t° indictment or finding. The fourth elliest i f proposed by their Lordships was, " Is there any su cient grounds to reverse the judgment tn by reason of the matters stated in the pleas in abatement, or any r e n them, or in the judgment upon such pleas?" ' answer to this question he had been requested by his brethren to say that they all agreed that the PT O ment ought not to be reversed for t reasons stated in the plea of abatemeja In answer to that question it iv ou a be unnecesaary to say more than that the law requo - , that a plea of abatement should lee pleaded with ter " tainty. This was laid down in " Coke upon Little; ton." As this was the rule in civil actions, at l eas the same degree of precision and strict exactness w , necessary in a plea of abatement in any proceedif;e:ci of the Crown. In the present case the plea fan o ° in many particulars. The names of the unsio d witnesses, on which the plea was found e r : were not given in the plea. In the e ve ns . meat of that plea he did not find evidence of other witnesses who were sworn best" those alleged to have been examined without be,_ sworn, and there was nothing to show that t° ° , witnesses were not allowed by law to give their ev,;is, deuce or affirmation instead of an oat The con4 o quences, therefore, appeared to him to be bad. .- 1- 0 fifth question proposed by their Lordships was d ,., there any sufficient ground for reversing tbe J the ment on account of the continuing the trial in 1 ,, vacation, or of the order of the Court for that Pal" pose ?" The facts upon which this question at c : t h were these, that the venire was returnable on the Just of January to be continued from day to day , % s o being in Hilary Term. Before the arrival of . t to day, however, the Court made an order that the l' s rt , joined should be tried at the bar of the Co!,ia and it was understood that the trial 811° :: A h take place on the 15th of January, the day for evt f i the jury were summoned. On the 13th of Ja°1171;10 an order was made by the Court, which was sn ie following terms :—" That in case the trial, w' lll Ate fixed for the 15th of January, should not ternlo,4os on or before the 31st of January, that being the ll t day of Hilary Term, then it shall be continued.t,rhuhe the Ist of February and so on, day by day, unto she 15th of April, or as many days thereafter as may en necessary for that purpose." The objection ts t P ro r was, that this order was conditional only, and n o tr ol. an appointment, but for the continuation of the be The order, however, appeared to the Judges t ° A e s, clearly within the scope and meaning of the :7 0 0 arid the power which was exercised by the Court well exercised. The statute warranted the C (41 1 , appointing such day or days as they should thiecon. The trial, therefore, had been very properlY t for tinued in the vacation. The order was sufficiV u dges that purpose, and by all her Majesty's : D eice. this question was answered in the 11 ,, e 4 e tbet The question, sixthly, put to the Judges was, " " the there was any sufficient ground for reversilonet judgment on account of the judgment of t he ar eeit overruling and disallowing the challenge to tbe tea 1 0 or any or either of them ; or of the matters sto ,_ such challenge ?" The answer to this quest l° u .'. ow ed pended upon the principle on which the law e . t he the challenge to the array. The principle ws:cnee indifferency of the Sheriff. Now, in the prosegh'eriff there was no indifferency on the part of the ' ee not alleged, but it was said that the jury-book vga"_ o le es made up according to the statute, and t hat than 79 names were omitted in the list. It wag said the list was illegally and fraudulently made °° 4 lto ele the challenge of Mr. Steele asserted that it we s st t he to his prejudice, but no fault was alleged agar of the Sheriff. Then it was said that the materials.Z. t w as jury-book were improperly composed, but de fl. no ground for the challenge of the array. It Ln ette r of ciency in the jury-book was allowed to be hO In tild challenge, the business of every assize w° stopped. was no whole, all the Judges wer,e s o re ed that there was no ground for the objections taae::: t he their answer, therefore, to the question was i" negative. et as, The next question, the 7th, put to the Judge s 2; : the " `Whether there was sufficient grounds to revers o , ~o ne judgment by reason of any defect in the entry_ tinuances from the said trial to the 15th e s ;J en • regard being also had to the appearances of 13 with r e. dents on the said last-named day ?" Nowa tr ial spect to this question, what was the case. Why sn had taken place in vacation that bad comas ante d not term, and it was said that that v v iadl ped roceeding.. o r c t e h e e d i c n o g n . th N u a o n w e the e of facta ttrial a w l 'e a s t , tinue awn, con • ceased. The statute, by its own oper present case it never could be said the cause A there was, in the cause over to the following bthare7staantudtienpbtroaha; the Judges concurred in opinion, that fact, a Parliamentary continuance te r o m f t th n e o cdisatt:oentillii;ll-1 -