The Sun. — London, England, 1839-02-28 00:00:00

SIGH WATER AT LONDON BRIDGE 'fO.IdOR,ROW. 316rning A NTI - CORN- LAW ASSOCIATION, No. 2, Craven-street, Strand. Chairman, Colonel T. P. THOMPSON. Treasurer, GEORGE GROTE, Esq., M.P. Subscriptions in aid of the objects of this Association are re ceived by the Treasurer, at Messrs. Prescott, Grote, and Co's, Threadneedle-street ; and by the Secretary, at the Office. Feb. 26, 1839. T. M. PARTRIDGE, secretary. MRS. TROLLPPE'C NEW WORK. THE FIRST PART of " MICHAEL ARMSTRONG, THE FACTORY BOY," Price Is., with two Engravings, uniform with "Nicholas Nickleby," &c., IS NOW READY AT ALL THE BOOKSELLERS. Henry Colburn, Publisher, 13, Great Marlborough-street. This day was published, No. 11., price is., of the new Humourous Work, DAV Y DREAMY. Edited by FLIT ! With spirited Etchings by PETER PALETTE. " The author bids fair to divide celebrity with Dickens, Ainsworth, and other writers of pre-eminent celebrity."- 31anchester Times. Many of the scenes are quite equal to those of Nicholas Nickleby, and the illustrations to any of Cruikshank's."—Age. Foster and Hextall, 268, Strand, and all Booksellers. THE ASIATIC JOURNAL for MARCH Contains INTELLIGENCE from INDIA, to the 2d January. London, William H. Allen and Co , 7, Leadenhall-street. J,AW.—A Solicitor in the Country has a _MLAVa cancy for an ARTICLED CLERK, who may live with the family, and have the use of an excellent Library. Apply to Mr. E. G. Flight, solicitor, 6, Furnival's Inn. IDLAND COUNTIES RAILWAY. i TENDERS FOR LOANS. Th , . DIRECTORS of the MIDLAND COUNTIES RAILWAY are prepared, under the powers of their Act of Parliament, to receive TENDERS for the LOAN of MONEY, on security of their DEBENTURES, on INTEREST, at the rate of Fore per Cent. per Annum, for any term not less than three years. Interest to be paid half-yearly. The TenJers are to express the sums, and the term of years for which the same are proposed to remain. Application to be made to Messrs. Glyn, Halifax, Mills, and Co., Lombard-street, London ; Mr. S. Woods, 3, India-build ings, Liverpool ; Mr. E. Ashworth, 57, Black King-street, Manchester ; or at the Office of the Company, High-street, Leicester. By order, Leieester, Feb. 20, 1839. J. F. BELL, Secretary. lifirlS Majesty the EMPEROR of AUSTRIA , JL H is Majesty the EMPEROR of RUSSIA, And His Majesty the KING of PRUSSIA. laving AUTHORISED and GUARANTEED several Dis tributions of Money, which (though they are NO LOT TERIES, offer a great many possibilities of obtaining LARGE FORTUNES, HEINE BROTHERS at HAMBURGH, and HEINE BROTHERS at LUBECK, are NOW SELLING SHARES for any of the said DIS TRIBUTIONS of MONEY, at various prices. The Dis tributions contain various portions, from NINE POUNDS TO TWENTY THOUSAND POUNDS aid upwards. Orders for less than 101. cannot be attended to. Persons desirous to purchase may receive PREVIOUS to giving any order, the Prospectus and Particulars, upon ad dressing, WITHOUT DELAY, a line to HEINE BROTHERS at HAMBURGH. P.S. THE NEXT AUSTRIAN DISTRIBUTION CONTAINS PORTIONS OF 4,000/., 7,500/., and 30,000/. CIRCULATION OF THE SUN." The Sun is now published as early as Five o'clock in the morning, with a full Report of the De bates in Parliament. The Sun is now, in fact, a MORNING & EVENING PAPER. The MORNING EDITION may be had within a circle of about twelve miles of London, (post free), by Ten o'clock, embracing the towns and neighbourhoods of Barnet, Wal tham Cross, Romford, Woolwich, Croydon, Kingston, Hounslow, &c. The MORNING EDITION may also be had by post, by the morning mails, or early coaches, within a circle of about seventy miles from London, varying in timefrom Twelve to Two o'clock, including the towns of Cam bridge, Northampton, Oxford, Reading, Sa lisbury, Winchester, Southampton, Ports mouth, Isle of Wight, Chichester, Brighton, Hastings, Dover, Deal, Ramsgate, Margate, Canterbury, Maidstone, Ipswich, Bury St. Edmnud's, &c., and all intermediate places. The MORNING EDITION may be had in the afternoon within a circle of about 120 miles, embracing the great towns of Birmingham, Wolverhampton, Shrewsbury, Ludlow, Dud ley, the Potteries, Warwick, Gloucester, Cheltenham, Worcester, Bath, Bristol, De vizes, Wells, Weymouth, Norwich, Yarmouth, Boston, Lincoln, Nottingham, Derby, &e. In the great circle of about 200 miles from Lon don, including the populous towns and dis tricts of Lancashire, York, the West of England, the Evening or Second Edition of The Sun, containing the Debates in Parl: ment up to the hour of Post, will answer t!ie best, arriving in all those places in the Noi th early in the morning, and there the Eveni:z Sun is a Morning Paper. In the circle of about three hundred miles from London northerly in such places as Carlisle, Newcastle, Durham, &c., the Morning Sun answers best, for the mail arrives in the morning. In Edinburgh, Glasgow, Dublin, and other places, at a distance beyond 400 miles, in Scotland and Ireland, the EVENING or MORNING EDITION may answer best, according as the mail arrives in the evening or morning. Subscribers will please to notify to their respective News'-agents, or to this Office, what Edition of The Sun will answer their purpose best. N. B. Advertisements sent to The Sun as late as midnight, will be inserted in all the Editions —Morning, Afternoon, and Second or Latest Edition, thereby giving them general circula tion in town and country, without any addi tional charge. ,Sun-office, 112, Strand, London, Feb. 19, 1839. THEATRE ROYAL, COVENT GARDEN. THIS EVENING, FE8.:28, Will be repeated THE LADY OF LYONS, or Love and Pride. Claude Alelnotte, Mr. 3facready ; Colonel llamas, Mr. Bartley; Pauline Deschappelles, Miss Helen Faucit. To conclude with THE INVINCIBLES.' To-morrow—There will be no performance. .4 , !. 0 , • . ' Zht 1 f Jai LONDON : THURSDAY, FEBRUARY 28, 1839. EVENING EDITION. The LORDS did not meet yesterday. The COMMONS met at the usual time. Mr. HAI!, v Ey took his seat, and was immediately named on the Committee to inquire into Mr. WYNN's case. This is even-handed justice. A considerable number of petitions were presented for and against the Corn-laws. Mr. VILLIERS gave notice that he will move a Com mittee of the whole House on March 12, to take into consideration the Corn-laws. Mr. CHRISTOPHER im mediately announced a call of the House for that day, and Mr. CAYLEY that he would move resolutions that the Corn-laws had essentially answered the purposes for which they were enacted. The battle is now beginning, though the Tories one short week ago were boasting that their victory was complete. Mr. CAYLEY referred to the heavy debt and taxation ; and if the landlords were either honest pr wise, they would bring forward mea sures to lessen their burdens, or to equalize them, in stead of taxing the people's bread and stopping trade, which renders the burdens insupportable. Viscount DUNGANNON renewed his notice of a mo tion concerning Maynooth, and Lord ASHLEY gave one concerning factories. Mr. MACKINNON, at the request of Mr. P. THom lON, postponed his Patents Bill for a fortnight. The Lord ADVOCATE is to bring in a Bill to gi ve effect to the recomendations of te Committee on fictitious votes. i...ord JOHN RUSSELL admitted, in reply to Mr. PR AED , th a t Mr. FROST had been dismissed from the Magistracy, but did not think it proper to produce the eorresponance at present. The Tories are satisfied with the dismissal, and are well off to have others to do their dirty work. A. Bill for Canada, Lord Jotiv RUSSELL stated, may be intreduced before Easter, but ' rot. read a second time till tree weeks after Easter.' The --bject h vine. b o e , e , r , i broached by a question from Sir b‘ li. PEEL, a Mr. ° i UONNELL spoke emphatically against the effusion of I,lood. Mr. LABOUCHERE, the new Under - Secretary for the Colonies, denied that there had been any unnecessary effusion ; sixteen p ersons h ave been executed in Upper Canada, and seventeen in Lower - Canada. We agree with Mr. O'CoNNELL that one is too many. Mr. Serjeant TALFOURD moved the second reading of the Copyright Bill, and made a long and eloquent speech in support of it. Mr. HUME moved that the Bill be read a second time in six months. Mr. O'CONNELL, Sir ROBERT INGLIS, and the CHANCELLOR of the EXCHEQUER spoke for the Bill ; Mr. BAINES, Mr. WARBURTON, and the SOLICITOR-GENERAL spoke against it. The House divided, and 73 voted for the second reading, and 37 against it. Mr. WARBURTON is to give all the opposition to it in his power. In a Committee of Supply Mr. HUME gave notice that he would, on an early day, move for an account of the issue of Exchequerlls for public works, as be ac cused the CHANCELLOR of the EXCHEQUER of having added to the debt between two and three millions without the sanction of Parliament. The CHAN CELLOR defended himself from the newspaper accu sation of having departed from the old mode of making out the accounts, and declared that the in crease of the debt, which he admitted, was warranted by the Act of 1827, and was perfectly legal. There is much hocus pocus about this debt, paying off with one hand and contracting a fresh debt with the other ; the fresh debt always, we are afraid, surpassing in amount that paid off. The House adjourned a quarter before eight o'clock. We had forgotten one of the great merits of Lord EBRINGTON till we were reminded of it by the Times. His Lordship is a declared enemy of the Irish Church Establishment, as what man of sense and honesty, what devout and humble Chris tian, what Statesman, zealous for the peace and happiness of his country, is not ? On July 26th, 1838, he declared in his place in the House of Commons that he concurred with Lord HowicK in his denunciation of that Church. " I have ever," said Lord EBRINGTON, " considered the existence of a Church Establishment, so utterly disproportioned to the wants of the people as that of Ireland, a stain and a disgrace to the Protestant religion, and a great misfortune to the country." If his Lordship's mere appointment to the Vice royalty could at once extinguish that gigantic nui sance, which is a foul blot alike on statesmanship and religion, we should hail that appointment as the greatest blessing which any Government could confer on Ireland ; as far as it goes, we take it as an earnest of the good intentions of Ministers, in capable of subduing the factious bigotted attach ment of the Priesthood and the Aristocracy to an offensive mass of abuses. Rational politicians and sincere Christians have alike been long convinced that there will be neither good government nor pure religion in Ireland till the Church Establishment be put down. That Lord EBRINGTON is opposed to it is on his part a great merit. The debate, if such it may be called, which took place last night in the House of Commons, on the Copyright Bill, was one of those in which all the argument is on one side. The Learned Sergeant, to whom the cause of literature is so much in debted for his able and persevering efforts to give to authors the same rights in their property which all other men enjoy in theirs, intro duced the motion for the second reading of his Bill in a truly splendid speech. Though he necessarily went over ground !which he had trodden before, yet such is the variety of illustration, such the power of eloquence and argument combined, which he brought to bear upon the subject, that he seems absolutely to have invested it with the charms of novelty. The first part of the Learned Gentleman's speech was taken up with a plain and unadorned statement of the position in which the important question un der discussion at present stood. Having shown in the most satisfactory manner that it was impossible to proceed with the Bill last Session with any chance of success, he next adverted to the objections which had been urged against the measure. A petition from certain printers, pressmen, &c., was subjected to the severe ordeal of Mr. TALFOURD'S criticism, and much amusement was afforded to the House dur ing the operation. These sapient petitioners, will it be believed, had the modesty to assert, as a se rious objection to placing authors on a footing with other proprietors, " that the profits de rived from a book depend not on the art of writing, but on the art of printing I" Did any one ever expect to see so happy a realiza tion of the story told of the fool ; who fancied that he was playing upon the organ, when he was only blowing the bellows? Having disposed of this part of the subject, the Learned Gentleman, in a high tone of eloquence, en larged upon the injustice to which authors are subjected under the law of Copyright as it exists at present, and appealed to the testimony of WORDSWORTH, SOUTHEY, and other writers of the first eminence, who all concurred in condemning the present sys tem as one which pressed upon them with undue severity, and in demanding its immediate alteration. On the conclusion of his speech Mr. Sergeant TALFOURD was loudly cheered from all parts of the House. We need only refer our readers to the speech of the gentleman who holds the office of her MA JESTY'S SOLICITOR-GENERAL for a specimen of the reasoning which the opponents of the Bill em ployed against it. This Learned Personage could not, for the life of him, see the least analogy between real property and a property in so incorporeal a thing as thought I No. How can a man, who never possessed an original idea him self, set any value upon the possession of such a commodity in others ? In another column will be found an address from Mr. EWART to the Electors of Wigan, which we recommend to the attention of the Reformers of that Borough. Most sincerely do we regret the ill ness which has deprived the Electors of Wigan of the services of their old and tried Representative, Mr. POTTER ; but seeing that there is no hope of the Honourable Gentleman being able to resume his Parliamentary duties during the present Session, and appreciating the importance to the nation of the votes given upon the number of questions likely to be brought under the consideration .of the Legislature, we know of no public man more worthy to succeed Mr. POTTER than the present candidate for the representation of the borough of Wigan. Mr. EWART has proved himself on occasions of no ordinary moment the sincere friend of civil and religious liberty—so that we need no pledges to assure us of the course which he will pursue in the event of being returned to Parliament. We deeply regret that the health of Mr. POTTER. is not adequate to the enabling him to recommend his friend, Mr EWART, to the honest Reformers of Wigan, which we are sure he would have pleasure in doing. Since writing the above we perceive that Mr. POTTER has actually resigned, and that a new writ was last night moved fox Wigan. We cannot doubt for a moment that the patriotic electors will return Mr. EWART. Admiral Sir EDWARD CODRINGTON presented in the House of Commons a few days ago, a peti tion from Mr. BAKER, Assistant Honorary Se cretary of the " Shipwrecked and Distressed Sailors Asylum," Ratcliffe Highway, praying the Legislature, to adopt measures for the erection of Hospitals for old and disabled sailors in the Merchant Service, similar to that of Greenwich for naval vete rans in the service of the Crown. The subject of this petition is too important, and the allegations which it sets forth are too grave—too deeply interwoven with the standard interests of the country—to allow us to pass it over with the matter of course announcement that it wa;, , duly referred to the ex amination of the Committee seesionally appointed to read over such documents. We 55 suck the orange, but throw away the rind," has been too long the axiom upon which the national conduct to wards the sinews of our marine greatness has been modelled. Sound policy, no less than a generous humanity, dictates al. directly contrary course. The situation of many old mariners at the ex piration of a long period of active service is truly deplorable. Hundreds, after serving many years on board Queen's ;hips, are discharged b efore they arc entitled to a pension, They enter the Mer chant Service, as a matter of coiirse, and after toil ing so long as they can find employment, are, without any fauit of their own, cast naked, heipless, and unbefriended on the world, to beg the shelter of a parish workhouse. To remedy this crying evil, many highly praise worthy efforts have been made, but by no means on a scale commensurate with its removal. By an Act pass&l. In the reign of George IL, entitled " An Act for the relief and tupport of maimed and di4- abled seamen, and th widows and children of such as shall be killed, slain, or drowned in the Merchant Service," all seamen were compelled to contribute one shilling a month out of their wages ; one moiety of which went to Greenwich Hospital, and the other to the " Merchant Seamen's Corpora- tion," incorporated by this very Act for the relief of disabled sailors in the Merchant Service. The erection of an hospital for old and disabled seamen, or the granting them adequate pensions for their support, were among the duties which the Act of Incorporation imposed on the Governor and Di rectors of the Merchant Seamen's Company. Under various pretexts, however, the Corporation neglected to perform the two main objects of its institution. It neither built hospitals, nor granted adequate pensions. The plea of the Directors was want of means—the naval contributions being stated to be inadequate to such a purpose. This being representeCto Parliament in 1834, an Act was passed to amend the former Act, and granting for the use of the " Merchant Seamen's Corporation" the moiety of the fund previously paid towards the support of Greenwich Hospital. The new Bill further enacted, that in addition to the monthly contribution of the humbler class of British seamen, all masters of ships afloat should be obliged to pay two shillings a month into the common fund. No steps having been taken or proposed to be taken by the " Merchant Seamen's Corporation" for the erection of an hospital or hospitals, a Com mittee of the friends of distressed mariners was formed for the express purpose in 1835, but after several meetings, reports, proposals, and interviews with Ministers, the affair fell to the ground, owing to the lukewarmness of the majority of the Mem bers. The object of Mr. BAKER'S petition is to pray the Legislature to take speedy measures for re medying this evil, by instantly authorizing the erection of a Merchant Seaman's Hospital in Lon don, and one in every out-port of the United Kingdom where such an asylum may be judged necessary. The mere cost of building he proposes to defray out of port dues, and as to the expense of maintenance he is satisfied that the seamen's proper fund, now in the hands of the " Corporation," would be amply suffi cient. He represents it, not only as a hardship, but a national disgrace, that a great body of men com posing the most useful members of the commercial community, should be thrown helpless upon the cold charity of a board of Parochial Guardians ; particularly as their poverty results from casualties over which human prudence could exercise no controul. And he adds, that from a long experi ence of the habits of seamen, and from an intimate acquaintance with the causes of their frequent dis tresses, he is satisfied- that they are by no means the luckless, improvident description of persons which they are so generally represented. The prayer of this petition is of too much importance to the country to war ant a neglect of it on the part of the Legis lature. That the prosperity and safety of the United Kingdom, and of the Colonies thereunto appertaining, are dependant upon a constant sup ply of able seamen is a truth as obvious as that it is the interest of Great Britain to attach such sea men to our own shores, instead of compelling them, from a dread of absolute want, to seek for an asylum in a foreign country. Were we as prudent as it behoves us to be, there are no classes of men of whose voluntary expatriation, in consequence of their pecuniary difficulties, we ought to be so jealous, as sailors and artizans. The bread-tax, by forcing thousands of Glasgow and Paisley silk and cotton weavers to emi grate to the United States, has raised against us a host of competitors in the markets of the East, while the starvation of our mercantile Navy has served to man and discipline the Navies of France, the United States, and Russia. In the wantonness of our strength, we have ungratefully flung away what we must now recognise as the in struments of the elevation of other nations to a maritime rank hardly second to our own. But we cannot afford to maintain such a system of extra vagance—for of all extravagance, that is the worst which converts the sinews of our own maritime greatness and glory into a commodity which any nation may purchase for the cost of maintenance. The Dublin Pilot, in common with several other Irish papers, is a vehement opponent of the repeal of the Corn-laws. We are not much surprised at that, because our laws secure the English markets for the Irish, to the exclusion of the Russians, Prussians, and Americans. Such a state of things is very advantageous to the landlords of Ireland. On that principle, a considerable number of Irish Members, including some of the most boisterous of her patriots, voted against Mr. VIL LIERS' motion. Whether intending it or not, they are revenging on Englishmen the in juries the latter have, during many ages, heaped on their country. Most cruelly, we admit, have they tyrannized over Ireland, and now she pays them for it by combining with others to doom them to incipient starvation. The connection with her was originally formed on such a barbarous principle, it has ever been continued on such similar principles, that it has been aperpetual source of misery and weakness to both. England rooted out her woollen manufactures and destroyed her rising prosperity, and has been obliged ever since to waste her resources in preserving in submission her agrarian and pauperised people. Ireland has long been in conflict with England, and the last blow she gave us was when her political strength was united to that of our gentry to con tinue the starvation laws. Now we are inclined to think that the interests of Irishmen would be as much promoted by the repeal of the Corn-laws, as the interests of the English ; and it seems to us that the old enemies of the Irish, the Saxon and Protestant owners of the soil, have been once more misusing their power against those they call their countrymen. The persons in Ireland interested in keeping up the Corn-laws, are the Protestant landowners ; the clearing landowners who are doing what they can, not to civilize, but to weed out the people. They know that if the corn of Russia and Poland come freely into the English market, they would not get such high rents, and could not live so extravagantly. But if we could get plenty of corn from other sources, there would be less temptation to bring it from Ireland, and more of it on cheaper terms would remain at home to be ob tained by the Irish peasantry themselves. The Corn-laws, to the extent of the duty, are a bounty on importing corn from Ireland into England ; and to that extent they injure the Irish peasant. The sum which can be obtained for the corn of Ireland in the markets of England influences and determines the price in Ireland, which is by these laws raised to the people, while the quantity appro priated to them is diminished. If it were cheaper in Ireland there would be a corresponding tempta tion to set manufacturing and other labour in mo tion, which would contribute greatly to the improve , ment of the country. Perhaps it may be said that the Irish eat potatoes, and the price of corn is nothing to them. But the price of corn influences the rate of rent, which is higher in Ireland than it would be but for the Corn-laws. The Irish would eat potatoes cheaper were there no bounty on the exportation of corn, enha ncin g the rent of land in every part o f i re l 4 nd, If the Dublin Pilot be the organ of the Protestant landlords, we must admir e it s zea l ; if it be not, it argues as zealously in their behalf, and as zealously against the best interests of the Irish people, as if it were bribed by the Earls of RODEN, CfIARLEVILLE, WICKLOW, and Co. wouldould be beneficial l fthe abolitionto thelrish, the the Corn-lawsgg of i benefited, we think , b y less Irish corn bein g brought hither. There is, in fact, one circu m . niQh w we stance connected with it, which would make the English labourers regard it with peculiar Ells, favour : Russian or Prussian corn brings n o Rus sians or Prussians here to eat it. Irish corn coming here brings after it labourers from Ireland who compete with our labourers, and contribute to beat down the price of labour. A repeal of the laws, which substituted Russian and Prussian corn for that of Ireland, would be beneficial to the En glish labourer by lessening the competition of la bourers in our market, and beneficial to the I r i s h by keeping corn in Ireland, and feeding them better than at present at home. The landlords of Ireland might suffer by it, but we know of no race of men who have so little right to require sacrifices on the part of the rest of society as the Irish landlords. We are glad to see that the Irish peasantry take a sound view on this important subject. At several meetings, held in the county of Cork and other plates, they took part against the landlords, and in one or two cases defeated them. The peasantry petition for the repeal of the Corn-laws, because 'they ,A,re wpll acquainted with 'the designs of the landlords, The communication which we have received from Manchester, and the information furnished us by the Corn-law Delegates, are both important. The Delegates at Manchester have done well by passing a vote of thanks to Colonel THOMPSON, the most indefatigable and most able of their nu merous advocates. They cannot de better than encourage him to persevere in his lectures, and they may be assured, notwithstanding the numerous petitions, the Squires and Parsons have in duced the serfs to sign, that a great number of intelligent farmers are ready to unite with them in asking a repeal of the Corn laws. We believe that the Scotch farmers are almost to a man favourable to the repeal, and we hope to see them send petitions to Parliament. The - communication on that subject from the Delegates is worthy of attention. From Manchester the ac counts of the state of trade are deplorable, though only what might have been expected. The effects of the high prices are only now beginning to be felt in the demand for our manufactures. Only now the orders have slackened, and only now the mills have come almost to a still stand. If the land lords, wraps in a state of fancied security, can con template the future without alarm, they must be more stupid than the bird which, plunging its head in the earth, and incapable of vision, fancies that darkness is universal. The lamb doomed to slaughter, frisking and playing at the moment of death, which " licks the hand just raised to shed its blood," has been selected by the poet as a contrast to man endowed with reason ; but our landlords instead of being reasonable beings seem to have less foresight than the lamb, and to be eager to provoke destruction. The Paris Papers of Tuesday have all been re ceived, but they contain no local news of interest. From the Spanish frontier accounts have reached us confirming the reports current in Paris on Mon day of the execution of four Carlist Generals by command of that cowardly, bloodthirsty tyrant DON C A RLOS. The Carlist correspondent of the Morn ing Herald thus describes the execution of these unfortunate partisans of the Royal Rebel : " Elisondo, Feb. 22, Eight o'clock, p.m. " With grief I can but little express do I this day con firm my news of yesterday; those brave And patriotic Generals, Garcia, Guergue, Sanz, and Carmona, are no more; they are numbered with the dead, not fallen on the glorious field of action, but from the hands of those brave volunteers they have so often led to victory ; their crime, a want of confidence in Maroto, a desire to march forth and face the enemy. Their names will be cherished by all good Carlists when that of their—l durst not trust myself to give utterance to my feelings—when that of General Maroto and his virgin sword shall be detested. All the unfortunate beings mentioned in my despatch of yesterday were shot at Estella on Monday morning, the 18th, at ten o'clock by order of Maroto. The next day the work of slaughter continued, and amongst the victims sacrificed were the Chaplain of the General Staff, Don Rarmn Dalin, and Colonel Ojer, a distinguished officer, cousin to General Garcia." The organs of DON CARLOS all express doubts of his participation in these murders, affecting to believe them the sole acts of General MAROTO. This is an impertinent assumption. IVIARoTo is the very slave of the tyrant whose livery he wears ; and though after these butcheries CARLOS may find it necessary to discard him, in order not to shock Europe too much by his atrocities, yet so well was it known that he had commanded these mur ders, that several of the Carlist chiefs issued bulle tins to the soldiers previous to the execution, in forming them that such was the Sovereign will, and that any attempt to revenge the slaughter of the condemned chiefs would be punished with instant death. When enough of blood has been shed to sate the appetite of CARLOS and his consort, he will himself appear on the scene to exercise the Royal prerogative of mercy / But they must be infatuated, who can be imposed upon by a proceed ing so farcical. _ _ _ The accounts from Madrid are of the 19th inst. On the 17th the QUEEN-REGENT attended an extraordinary Cabinet Council, but the business thereat transacted did not transpire. We subjoin extracts from the French Papers : MEXICO. TO THE PRINCIPAL EDITOR OF "LE COMMERCE." One of our friends who has recently arrived from Mexico informs us that the French who hare command in that capital, as well as those who are settled in the inte rior of the country, enjoy all security as well on the part of the authorities as of the population, who have never manifested any hostile feelings towards such of our countrymen as, having accepted, without hesi tation, the decree of expulsion, had proceeded to Vera Cruz, had arrived there quite safe, and without having had on the road any cause for complaint. We beg you to pub lish this note, in order to dispel the apprehensions of the relations and friends of the French who are settled in Mexico. For the Committee of French Merchants in Mexico, The Secretary, (Signed) VINCENT. ALGIERS, Fxs. 16.—1 t is announced that the 11th Re giment of the Line will return to France immediately. It will, doubtless, be embarked on board the Larne and Egerie (corvette of burden), the Diademe (of the line) which are hourly expected. The preparations for the expedition to Beban will soon be terminated, and it is thought that the troops will set out in the beginning of the month of March. PARIS, FEB. 26. —The Tribunal and Chamber of Com merce, and the principal inhabitants and shipowners of Cherbourg, have just petitioned for the reduction of the sugar duties by an ordonnance. The Chamber of Com merce of Bayonne had just sent a letter dated 20th Feb., to the Ministry, to call on the Government to issue an ordonaance for the reduction of the sugar duties from Ist May, 1838.—Le Commerce. BOURSE.--.PARIS, TUESDAY, FEB. 26.7 First Highest Lowest Last Price. Price. Price. Price. French 5 per Cents 3 per Cents 7B 55 . 78 6) ... 78 55 ... 78 60 Bank of P ranee ... Lattitte Bank I,ooof. Sh lOlO ...1010 —.1005 —.1005 5,006 f. Sh 5165 ...5170 ...5165 ...5170 Belgian 5 per Cents lOO 4 ... 10 a ... 100 ... iOO Belgian Bank 565 ... 565 ... 565 ... 565 S i .anish Ac ive l9 ... 19% ... 19 ... 191 E Passive 4% ... 4% ... 4% ... 4% Neapolitan O9 5 ... 99 10 ... 99 a ... 99 10 Roman . lOO% ... 100 1 ,4 ...100% ...100% LLOYD'S SHIPPING-(THI6 DAY.) DEAL, FEB. 27.—Wind W., moderate.—Came down from the River and remain, the Clifton, Wenborn, for St. Kitt's ; New Express, Tulloch, Cadiz ; Vulture, Gil bert, Newfoundland ; Grasshopper, Hamkien, Malta ; Medora, Bunting, Jamaica ; Ellen, Potter, St. Michael's ; Apollo, Melson, ; Mina, Tulloch, Sierre Leone ; Arrived the Beau Ideal, Forbes, Altea. PORTSMOUTH, FEB. 27.—Wind W. N. W.—Arrived her Majesty's ship Wolf, from Madras—sailed from Ceylon 27th October, Cape of Good Hope 4th ult., and Ascen sion 22d. Sailed her Majesty's ship Pantaloon, ftr Vera Cruz ; Palermo packet, Hamburg. LIVERPOOL, FEB. 27.—The John and Marian, Crystal, from Lynn to Ballina, was totally wrecked in Broadhaven Bay on the 22d instant. Master and five of the crew drowned, tw• saved. The Thomas Naylor, bound to Boston, has put back, leaky. The Peru, Porteus, arrived at this port, from Laguna, sailed thence on the 11th ult. ; she met with no obstruction from the French squadron, and did not see a single French vessel of war off the port. PLYMOUTH, FEB. 27.—Wind W.—Arrived the Der went, Addison, from Newcastle ; Juno steamer, Cork. FALMOUTH, Fan. 26.—Wind S. W.—Arrived the Ar row, Scadden, from Tarragona for Hull, with loss of fore mast and jib-boom ; Mary Barry, Tewkesbury, Odessa, totally dismasted, towed in from Tarragona; Selmer, Evans, Leghorn, with loss of bulwarks and sails split ; Cork packet, Young, Cork. Sailed the Adder, Wells, for St. Michael's. Cowan, FEB. 27.—The Harmony, Le Payn, from Shields to Guernsey, which was on shore near Brook, has been got off and brought into the harbour. The Liden, Boohaer, which sailed hence 28th inst. for New York, put back to-day very leaky, having experienced very heavy weather, and must discharge to repair. STRANREAR.— The wreck of apparentl . 7 a large vessel, no masts standing, and only part of her stern, about six foet long, above water, was passed off Laggan Point, near Corswall, by the Adelaide, of Dampier. RAMSGATE, FEB: 27. —A mast, painted green, about six feet above water, apparently belonging to a vessel of 100 tons, sunk, was passed on the 23d inst. ; the Galloper, bearing W. N. W., about 14 German miles by the Perle, arrived here. LERWICK, FEB. 20.—The George: Gordon, Primrose, from Altona, put into Skeldvar (west side of the island) during a heavy gale, with loss of boats, bulwarks, &c., and is on shore and must discharge part of her cargo, but is not expected to sustain any further damage. Feb. 25.—A ves sel, supposed to be the Harriett, Watts, bound to Bristol, is lost near Tralee, with all hands. ST. HELENA, JAN. 14.—The Norfolk, Gildoron, from the Mauritius in 20 days, passed this island 13th instant, and reports a destructive fire to have happened at Port Louis. SWANSEA, FEB. 27. Arrived the Arrula, Laing, from St. Jago da Cuba. TORBAY, FEB. 27.—ArriVed the Violet, Smallridge, from Ballina. The Harriet, Rockwell, late Jewett, bound to Boston, has put into Tobermony, leaky, and with loss of sails, &c., the Master, second mate, and four of the crew drowned, off Burra Head, in endeavouring to obtain assistance from the shore. MONEY and COMMERCIAL NEWS TWELVE O'CLOCK. We have received Cape of Good Hope Papers to the 30th December. By the latest intelligence from Port Natal (Nov. 17), we learn that the distresses of the emigrant Boers in that quarter are daily increasing, nor does there appear the slightest chance of alteration in prospect. The whole of the wheat sown by them is said to have failed. They have no stock for slaughter remaining, nothing being left but their draught oxen and mulch cows. Mr. Jonbert had reached them with the Governor's invitation to return to the colony ; and it seems probable that they will in the end comply. The report alluded to some time ago of the destruction of the camp still pre vails; but it is said that this blow was struck by Matsilli kateze. No information has been received respecting the arrival of troops at Natal, nor could it be expected, as the detachment only sailed from Table Bay on the 27th Nov. There is no public news of any moment from the frontier. The horse sickness, we are sorry to observe, prevails pretty generally, and considerable numbers of these valuable ani mals have died. Wheat has been for some time back at the Cape as high as 230 R. per load, about 88s. per quarter. In the eastern province the price is enormous ; at Somerset meal is about 60s. per muid ; at Fort Beau fort, 455; at Port Elizabeth, 41s. ; at Graham's Town, 48s. 9d. DUTCH FUNDS, FEB. 25.—Two-and-a-Half pox Cents. 55i ; Five per Cents. 1004 ; they are i per cent, higher than the last prices. (Commercial Remarks from the Penang Gazette to the 14th October.) IMPORTS FROM EUROPE. Cotton Manufactures.—The Malacca brigs have im ported from Singapore 500 pieces Long Cloths, 500 pieces Madapallams ; and 150 Fancy Prints. The two former articles are offered at low cash prices. The demand for the White Cottons of suitable qualities for dying blue, is steady, though not extensive. Turkey Red Cloth, of good quality and lively colour, is in demand. Marine Stores—Anchors and chain cables, the W. S. has imported a few, but there is little demand. Canvas—Stock decreasing, but there is scarcely any demand. Tar—Very small supplies of ie.te. Beer, Wines, and Spirits—For the present well supplied. Gold Thread—Heavy stock, and very low. Gunpowder—Current at quotations; common American enquired for. Muskets—Continued imports from Singapore, and the market for the present being well supplied, the article is dull sale. Musket Locks—Saleable. Exchange on London—Navy and Treasury Bills, 33 days, at 4s. 3d. pet dollar; Private Bills, 6 months 4s. 4d. THE FUNDS. Consols, which closed yesterday rather buoyant, at 93 to f for the Account, and 92j- to 93 for Money, opened at the above quotation this morning, but up to the present hour there has been very little doing. Exchequer Bills, 63 65 ; India Bonds, 63 65 : Bank Stock, 204 i 5f ; India Stock, 2561 71. In the Foreign Market, Spanish Active closed 181 19, at present 19f t; Portuguese 34+ 5-1 ; Three-per-Cents. 211 22 ; Belgian improved to 100+ 1+ ; Brazilian, 80 81; Colombian, 28+ 29+ ; Mexican, 231 24+; Dtiteli Two-and-a-Half per Cents., 55i f; Five per Cents,, 103 i PRICES OF FOREIGN FUNDS THIS DAY AT ON O'CLOCK Austrian Bonds Peruvian 8011 , 32 Belgian Bands - Ditto Account Brazilian Bonds SOY, 1 I Ditto New Bonds ...351i y, 41 Ditto Account Buenos Ayres Bonds Ditto Account Chilian Bonds Ditto Account Columbian Bonds 27 Ditto Account Columbian Bonds, 1824 294 Ditto Account Danish Bonds Russian Bonds, 182 Ditto Account. ............ , Ditto Metallic .. Spanish Bonds. Ditto Account 1314 Q Bends, 1634 ...18i 191 19 Ditto Account Greek Bonds le/PM Ditto Bonds, 18Y5 — Ditto Account Mexican Bonds, 5 per Cent Ditto Account Ditto Account. -,9q 19 French, 5 per cent. —f. —c. 4 per cent. —t —e S per cent. —f. —c --- Exchange. —f. Dutch, 2S per cent 55 % _ . Ditto, 6 per Cent. ...... ...... ' Ditto Account ....55%, . ...5,5%% Ditto Account Neapolitan —l Ditte Acc0unt...,..... ..... PRICES OF SHARES THIS DAY AT O,NE O'CLOCK. Paid. Per Shale Cobre Copper..... London and Blackwall Rally/ay London and SoutirenlPton Railway Company nr 17s. 9d. 44% 5 I , olldon and Croydon Railway Company, N ath Midland Railway Company.,. 55 55 National Rank of Ireland Provincial Bank of Ireland. HALF-PAST ONE. The Cape of Good Hope papers of the 29th Dec., con tains the following ;-..., PoRT NATAL.—By the return of the Leveret, from Pert Natal,t on Friday (yesterday), the malicious ru mours circulated respecting the proceedings of the detach ment sent to take military possession of that port, with the sole view of putting an end to the miserable warfare be tween the emigrant Boers, and the native tribes, have re ceived a full contradiction." LIVERNOL COTTON-MARKET, FEB. 26. —The demand for Cotton continues to be very limited, and we have no alteration to note in prices. The sales are about 3,000 bags. This is settling day the Foreign Market, and the heaviest to adjust are Spanish and Portuguese. To the present time we do not hear of any failures, and there is every appearance it will, go off well, as the chief specula tors have been among the money interest in the House. Consols continue steady at 93i- for the Account, Money ; Exchequer Bills improved to 66 67 ; India Bonds, 6s; Bank Stock, 2054; India, 2561. In the Foreign Market, Spanish not so good as in the morning, 19 ; Portuguese also lower, 35 ; Three per Cents., 211; Brazilian, 80-a 81 ; Scrip, 1i prem. ; Co lombian, 29i ; Dutch Two-and-a-Half pet Cents. higher, 55i ; Five per Cents., 1031. The following notice has just been posted at the Ex. change Bank of England, Feb. 28, 1839. The Governor and Company of the Bank of England do hereby give notice, that on and after the 28th inst. they will be ready to receive applications for loans upon the deposit of Bills of Exchange, not having more than six months to run. Exchequer Bills, East India Bonds, or other approved securities, such loans to be repaid on or before the 23d of April next, with interest, at the rate of 3} per Cent. per annum, and to be for sums of not less than 2,0001. each. THREE O'CLOCK Consols for the Account. 113 i. THE FUNDS.—CLOSING PRICES. BRITISH FUNDS. Bank 5t0ck................... ....20.5% India Stock 257% 3 per Cent. Red 93% Ditto Bonds 65 3per Cent. Ccns 93 Ditto Old Annuities 3% per Cent. Red 101% Ditto New Annuities New 3% per Cent 100% Ex. Bills, 1,0001 2%d....68 pm. New 5 per Cent Ditto 5001 66 pm. Long Annuities to expire Ditto 5001 6g Jan. 1860 Oct. 1859 Jan. 1860 FOREIGN FUNDS. Asturian, 5 per cent — !Portuguese Borts,sper cent. 7. 1 % Belgian, 5 per cent 'Ol% Ditto, New .Ditta Brazilian Bonds Bl Prussian, 5 per cent ............. Buenos Ayres, 6 per cent —, Russian Bonds, 5 per cent__ Chilian, 6 per cent — Ditto, Metallic ColombAn, 6 per cent 2 7 ,4 'Spanish, 5 per cent. ............ .. 18% Ditto, 1ft,14 294 Ditto, Consolidated . ' ............ Danish, 3 per cent 76% French,' 5 per cent. ......... —f. —c. Greek Bonds, 1825, 5 per ct — Exchange ................. .. --,r . .„..i Mexican, 5 per cent — French, 3 per cent .... ~..„' —t. —c. Ditto, 6 per cent., 1825 — Dutch, 9_,V,55% p Cent. .. Peruvian, 1825,6 per cent..,., ..... iLtittci, 5 per cent. 10354 SHARES, Gmai Vvestern Railway ~,. ~... London and Brighton Railway 12.4 London and Blackwall Railway 7 Landon and Birmingham Railway .............. -- —l7i . Ditto Quarter Shares . London and Southampton It:.i4 - ray " 4414 London and C.',.toy;lcm Railway (Trunk) 12% Manchester and Birmingham Railway ... — Ditto ditto Extension 5 North Midland Railway THE SUN, LONDON, THURSDAY,-EVENING EDMION,-FEBRUARY 28, 1839. IRELAND. CARLOW ELRCTION.—On Monday the election for a Representative of the borough of Carlow took place. It had been generally supposed that Mr. Gisborne, the Liberal candidate, would experience no opposition, as, up to the day of election no other address than his appeared before the electors. Early on Monday morning the Con servative party were observed to muster in strength at their usual quarters, and active preparations, on their part, were apparent, and it soon became evident that it was their de, termination to contest the election in the person of their pet candidate, Mr. Frank Bruen. The contest promises to be a close one, and surmises are various as to the majority by which Mr. Gisborne will be returned; for that he will have a majority, no doubt ap pears to be entertained. From the inquiries I have been able to make (says the Dublin Evening Poses Correspon dent) I should imagine it will be under 24 and over L. The town is perfectly quiet, and patrolled at night by a troop of Dragoons and a large body of police, At the close of the first day's polling Mr. Gisborne was a-head of his opponent by one vote, Mr. Bruen having only 66. Mr. Gisborne was proposed by Mr. Thomas Haughton, and seconded by Dr. Tuomv ; Mr. Bruen (who did not appear) was proposed and seconded res pectively, by R. C. Browne, Esq., and Samuel Haughton. NEW BARONETS.—The Queen's Letters have arrived, creating Philip Crampton, Esq., Surgeon-General, and Henry Marsh, Esq., M.D., Physician in Ordinary to her Majesty in Ireland, Baronets of the United Kingdom.— Dublin Evening Post. CITY OF DUBLIN REGISTRY, SATURDAY,-..TOFieS, 13; Liberals, 7. All the Tories were freemen, YESTERDAY.—LiberaIs, 14; Tories, 9. Eight of the Tories were new freemen. We greatly regret to hear that Judge Johnson met with a severe accident on Saturday evening, occasioned by his foot slipping in his own hall, when his head came in con tact with the pavement, and was severely bruised. Th e Judge was to have left town for Drog heda this afternoon, where the commission for the north-east circuit was to have been opened te-inorrovr i but be has been obliged to post pone his journey, and at a late hour this afternoon it was decided that it would be unsafe for hint to go to the circuit at all, Mr. Ciilmore, Q. Q., is spoken of as the person likely to be selected by the Lords' Justices to officiate as Judge ; and we are bound to say that such an appointment would be unobjectionable in every point of view. —Dublin Evening Mail. Addreoses to the Marquis of Normanby are general. RELATIVE TO GOODS RE to the port, have pre pared i n which shed DOCK LAWS merNitio ON THE Quays.— A number of the merchants, of ships. The Memo_ shipowners, and brokers belonging pared for presentation to the Dock Committee a memo being partly attributed rial complaining of the vexatious operation of the Dock laws, and of the inadequacy a o n f d accommoda tion for the loading and discharging the e e m e x a i i s in ti rial sets forth that the trade of the port is greatly impeded by the rigour of these laws, are enforced, the breach o f them to the want of accommodation complained of. By the d force, present law, a heavy penalty is en if goods are allowed to remain on the dock quays more than forty eight hours, and the memorialists complain, that this penalty is enforced without re gard either to the necessity of the vase, or the fact, that no inconvenience has been caused to other parties. The memorialists express their belief, that, in nine cases out of ten, the infringement of the law is unavoidable, from the vast increase of trade, the new Custom-house regulations, the state of the wea ther, the want of quay-berths, stages, proper cranes, cte• The memorialists conceive the evils complained of to be remediable by a mitigated administration of the law, and by providing better sheds and greater facilities for the loading and discharging of vessels; having regard more parti c ularly to the present defective accommodation for' ~ aiiing vessels as comp ared with ste amers. —Liverpool . A / 1fT 6 ',..11- - • VICE-CHANCERY.-(THIS DAY. COLBURN V. MARRYAT—THE PHANTOM SHIP. • The arguments in this case, which were not concluded yesterday, were resumed to-day. Mr. Jacob, Mr. Chandlers, and Mr. Bacon, were Coun sel for the Defendant, Captain Marryat ; and Mr. Knight Bruce and Mr. Sutton Sharpe for 11r. Colburn. Mr. JACOB said that in pursuance of the notice that had been given he had now to move on behalf of his client, Captain Marryat, that the injunction which had been granted restraining him from selling or disposing to any person except the plaintiff, eith er i n F rance , th e United States, or elsewhere, any copies of a work written by himself, entitled the Phantom Ship, might be dis solved with costs. The injunction was obtained from his Honour ex parte on the 16th of the present month, upon the bill filed by the plaintiff, and the affidavit in support of that bill. According to the statements of that bill, Mr. Colburn, the plaintiff, was a bookseller and publisher, carrying on business in Great Marlborough-street, and was also the proprietor of the New Monthly Magazine, in the numbers of which, from the Ist of March, 1837, up to the month of February, 1838, there were published certain articles, under the title of the Phantom Ship, written by Captain Marryat ; the last of those articles was published previous to the agreement of the Ist of January, 1839. The articles which had been so published were the continuation of one, but did not form a complete story : the matter comprised in such articles was sufficient to form one volume and a half post octavo, each volume consisting of 300 pages, and 22 lines to each page. On the let of January, 1839, the plaintiff agreed to pur chase of Captain Marryat the exclusive right of the whole work called the Phantom Ship, including as well the copy right of that part of the work which had bean already published in the Monthly Magazine, as that which re mained unpublished. The agreement to purchase the work was to the following effect : " London, Jan. 1, 1839.—Memorandum of an Agreement entered into this day, between Captain Frederick Marryat, R. N., of Langham, Norfolk, on the one part, and Henry Colburn, of Great Marlborough-street, publisher, on the other part—First, for and in consideration of the terms hereafter mentioned, the said Captain Marryat has hereby disposed of and assigned to Henry Colburn the exclusive copyright for three years, from the day of publication, of his new Naval story, called the Phantom Ship, to consist of three volumes of at least 300 pages in each volume, and 22 lines to a page. Mr. Colburn to pay to Captain Marryat by bills at nine, twelve, and fifteen months, the sum of 750/., and to be at liberty to print and sell for his sole use and benefit 1,750 copies, free of any further charge, and after the 1,750 copies should have been sold, Mr. Colburn was to be at Berty to print as many more copies as he pleased during the remainder of the term' of three years, on payment of the further sum of 250/., but should Mr. Colburn not think fit to print any more than 1,750 copies, he was not to be subject to any further payment beyond the sum of 7501. ; the work to be published at the time Mr. Colburn might judge most ad vantageous, but the period was not to be protracted beyond the Ist of October, 1839. The matter of the last two articles in the Magazine was not to appear till after the publica tion of the separate work." The affidavit of the plaintiff stated that upon the execution of the agreement Mr. Colburn gave the three bills for 2501. each, and be tween the date of that agreement and the Ist of February, Captain Marryat delivered to the plaintiff the greater part of the manuscript in continuation of the story which the plaintiff had published. It was then stated that on the 15th of February, 1839, Captain Marryatt sent a Mr. Howard to the plaintiff to communicate with him on the subject of the publication of the Phantom Ship—that Mr. Howard, by the direction of Captain Marry at, intimated to the plaintiff that, unless he would consent to some further terms for the benefit of Captain Marryat, the latter intended to send the manuscript copies of the remaining unpublished part of the work to France and the United States for the purpose of selling and disposing of them there, so that the work might be published com plete in those countries before it was completed in England. The Bill further stated that on the plaintiff remonstrating with Mr. Howard with reference to the intentions of Captain Marryat, and stating that it would be a direct in fringement and violation of the agreement, Mr. Howard stated that Captain Marryat had taken the advice of his solicitor, Mr. Powes, who had advised him that notwith standing the agreement Capt. Marryat was at full liberty to sell the work to either a Paris or American publisher. Such were the statements of the plaintiff's bill, to which Captain Marryat had put in an answer, and by that answer he admitted that the plaintiff was a booksell er and publisher carrying on business to a great extent in Great Marlborough-street, and that he was also the pro prietor of the New Monthly Magazine, in which work was published several articles written by the defendant, entitled the Phantom Ship. The defendant after ad mitting the articles of agreement, stated that in the month of April, 1837, he went on a tour to the United States of America, and during his residence there be completed the work called the Phantom Ship, and having been informed that by the laws of that Government, an author, resident in that country, would be entitled as a resident to a copyright throughout that country in any work he might publish there, he did, during his stay in the United States, take out a copyright there, and entitled himself, as he verily believed, to a copyright in that country of the Phantom Ship, if he should publish the same there within a reasonable time after his departure ; and the defendant contracted during his stay in the United States to sell to an American publisher there that copyright which the defendant was entitled to, and he undertook to send from England on his arrival in this country,' a copy of the work, so that the same might be published there before the time should elapse which would destroy his copyright as a resident. The defendant further stated, that prior to his visit to America he had for a valu able consideration contracted to place, and had placed with the plaintiff, for publication, the copy of a work com posed by him called the Dog Fiend ; that the plaintiff never clamed or pretended to have purchased by the agreement more than the right of publication in this country of that work. The defendant stated that he had composed other works, the copyright of which he ' aw l sold in England to publishers, and in such ease; 'h e h a d been permitted to sell in other countries f',. the copyright, and in no case h a d any publication o b jection been made to his doing so by th e pl a i nt iff or any The defendant furth er s t ate d, other purchaser. iat he arrived in England ns j from America in Dece. the Phantom Ship. per, ' lB ' 3B with his manuscript of completed, and upon his return the plaintiff sen t 1 7,0 persons to him to treat in his beh a lf for the pu rr .. l- orse of that work, stating that he had lost upwards of 400/. by the purchase of the work called the Dog Fiend, and in consequence of those representations, although he did not consider that the plaintiff had any claim on him on account of such loss, yet as he was anxious that the plaintiff should not be a loser by his purchases from him, he consented to sell to the plaintiff a limited copyright in • the Phantom Ship, for the sum mentioned in the agree ' ment of January 1839, being 500/. less than he had received from the plaintiff for the Dog Fiend, and less than he might have received from another bookseller. That in the course of the treaty between himself and the plain tiff, he had told him that he had signed an agreement in America for the sale of his copyright in the Phantom Ship there ; and that, if the agreement of January 1839 amounted to a purchase or assignment of the copyright of the defendant in the Phantom Ship throughout the whole world, it was a surprise on the defendant, and ought to be reformed, or not specifically performed, as against the de fendant. Then the answer stated, that between the date of the agreement and the Ist of February, the defendant gave to the plaintiff the whole remainder of the manuscript el the continuation of the Phantom Ship, and part of that manu. script was published in the February Number of the New Monthly Magazine, but not more than enough to make about 50 pages, and that the whole of the remainder of the manuscript of the work, forming nearly half of it, accord ing to the terms of the agreement, remained to be pub lished. Shortly before the 28th Jan., and as the time drew near for defendant sending a copy of his manuscript to America, to be published there in March, it occurred to the defendant to consider, whether the publication in America might not be indirectly injurious to the plaintiff in a way not contemplated by him and the defendant when the agreement was executed ; and if such a result should follow the plain tiff might be dissatisfied, the defendant therefore deemed it right to communicate with the plaintiff on the subject, and to give him the option of preventing such publication in America on the terms of defendant receiving the same compensation as he would have received from the American publisher ; but the defendant did not, as he had already made a considerable pecuniary sacrifice in his sale of the copyright to the plaintiff, consider that he was required entirely to give up the American publication. Accord ingly, on the 28th of January, 1839, the defendant wrote to Mr. Hook, the editor of the " New Monthly Magazine," the following letter, in order that it might be communicated to Mr. Colburn " United Service Club, Jan. 28, 1839. " My dear Hook, " I called upon you at the Athenzeum, as I wished to speak to you upon several points, but one presses, as it is neces sary that I decide whether the manuscript which is copy ing goes out to America or not in the next month's packet. The facts are these, since my return home Colburn has entered into an agreement with me for the Phantom Ship to be inserted in the Magazine, and afterwards published in three volumes. When I first entertained the idea, I Fu l d no thought of my American agreement ; but Colburn offered me so small a sum, that I mentioned it to him, stating that I should lose money if I did not adhere to them. This he cared little about, and lie made the agree ment, leaving ma at full liberty to perform that made in America. Now it was much the same to me whether I received my money from America or Colburn, and I felt inclined to let Colburn have a bargain ; but it has since occurred to me, that instead of a bargain Colburn may sustain a loss, and w'aat is more, that you will be disappointed by the r€salts, My agreement with America is the sale of the copyright as a resident, a doubtful right, but which r/ll not be interfered with, and bring in great profits if the work is published two or three months after u 1 .7 departure from the country, but if de ferred low:el-it would be pirated there is no doubt. Now the sale of the Phantom Ship in America would not probably interfere with it here, but it would probably reach France by the first packet, and there be reprinted by Galignani in Paris. It is to be published in America in March, and I fear would appear in France in April, and would destroy the value of it in the Magazine as well as in a work subsequently published. Thi s did not occur to me at the time, nor, probably did it to Colburn. I mention it to you that you may not say that I have disappointed or deceived you as editor of t,, d Magazine. It s well worth thinking off; but it 111 , ,,,5t h, decided aeon. 1 care not for the Americans, provided I 7.,..na Out idemnified ; but I must not lose nie::e mo ney , j am perfectly content to let the mat , t , er:ta iv n i d A a a s ß i t is . , or to yAseiirTs, e make another arrangement , if such, should be yours end Colburn's wish, only dert't 1,41 - .. me me after this e xp l anation. Most truly yours, . ' r ' n t d o The defendant believed that Mr. Hook communicated that letter to the plaintiff, as Hook returned an an' the effect that he could not mak e t h e plaintiff understand it, and that he had better see him himself. Alr. pain Howardl then at the request of the d e f en d ant called upon the tiff, who sent him back the following written answer : " I do not understand the message sent to me about the American edition, &c., as Capt. Marryat gave up all claims that way, and sold me the exclusive copy for three years, and has no right to send a copy of the manuscript to any one. The defendant was much surprised at such an answer, as it was directly contrary to the truth ; and then, for the first time, he discovered that it was the intention of the plaintiff to claim a copyri g ht in the Phantom Ship over the whole world. The defendant had also discovered that the plaintiff, who had purchased a work entitled the Flying Dutchman, which was written upon the same story as the Phantom Ship, and in opposition to, it intended to take ad vantage of the postponement authorised by the agreement of the Phantom Ship, to bring out in the meantime the Flying Dutchman, which would in all probabability most seriously injure the Phantom Ship. In conse quence of the claim of the plaintiff to a copy right in all countries, and the course intended to be pursued by him with respect to the Flying Dutchman , the defendant consulted his solicitor, Mr. Powys, as to the legal effect of the agreement, and was advised by burn that it was in his power to publish the work either in Paris or America, as copyright in this country was founded on statute and not upon common law, and did not extend to countries where those statutes had no operation. The letter of Mr. Powys was shown by Mr. Howard to the plaintiff, accompanied by a statement that if the plaintiff should sacrifice, as he intended to do, the Phantom Ship to the Flying Dutchman, the defendant would send over to Paris a manuscript of the former work to be published there. Mr. Howard also added that if the plaintiff would call on the defendant the matter might be arranged. To this communication the plaintiff re turned the following answer:—Mr. Colburn does not think under the circumstances that he ought to go to Captain Marryat. If Captain Marryat wishes to put an end to the agreement, Mr. Colburn must request him to make any proposal in writing, based upon the continuance of the story in the Magazine. The plaintiff also stated to Mr. Howard that the Phantom Ship was very bad, and that he had paid too much for it. In answer to this the defendant wrote to the plaintiff, stating that he would meet him both ways; that as the plaintiff had stated that he bad paid too much for the Phantom Ship, he would give him back his bills and cancel the agreement on the plain tiff returning him his manuscript; and as the de' fendant agreed with the plaintiff that it would injure the Magazine if the Phantom Ship were not con cluded in it, he would allow the plaintiff to continue the publication of the Phantom Ship until the de' fendant should publish the work himself, the plainta paying so much per sheet. The plaintiff returned no sorer to that latter, but on the 15th of February the pla;Atin wrote the following note to Mr. Howard Dear Sir,—On due consideration I feel compelled to decline any resale to Captain Marryat of the ph a nton Ship. I have not time to-day to answer the Captain's letter as regards the other matters, but I will do so on Monday. " Yours truly, " H. COLBURN• fI Since that period, Captain Marryat hP.d received n o coin' munication whatever from the plaintiff, except that o n Saturday last he was served w ith t h e exparte injunction the Court, and upon this answer the L earned Counsel now moved to dissolve that injunctio n , w hi ch had b een obta ined without any right on the plaintiff's part and by the su ppression of facts which would give a very diff erent complexion to the case. The Learned Counsel, after contending at some lengt b that by the law of copyright as it at present existed, the d defendant had a right to publish the Phantom Ship in nee part of the world except England, concluded by exptes P ing a confident hope that the Court would dissolve the junction. Mr. CHANDLESS and Mr. BACON followed on the sa nie side. Mr. KNIGHT BRUCE, with whom was Mr. S U TTON SHARPE, then addressed the Court for the plaintiff in ° A P; port of the injuncti on . H e regretted exceedingly is ; great length of ti me t h at t h e case had already taken, u-it• cause he could not b u t cons id er that three or four s ue , cases might have been disposed of in the time t he ' had been already occupied. It now became hi s ril l to state the questi on i n t h e case, namely, what Captalf Marryat had a right t o d o , h av i ng regard to the fact, to his having signed th e agreement. His Mends had te,en drive the Court away front that question. It w'as pretended that Mr. Colburn had done, or attempted. to 611 1 ; anything not war rante d b y the agreement. If CaP t l e l l Marryat had marls out a case, that i n consequence of t other work Captain Marryat's work had been delayed, they he would tave had some standing i n t h a t C ourt , b u t vrr i Captst'An Marryat came there an d a d m i tte d t h at Mr. tA c i turn had adhered to the agreement in all its parts, it looke te very much like trifling with the Court to bring f or ward ! e l l point that Mr. Colbu rn h a d p urc h ase d another work whio‘ might interfere with his. The story of Capt. Marryat's was open to the whol e wor ld, i t was a matter of tra di t i o n • - „f therefore there could be no quest i on as to the identity 0t the two works. In one s ence , i t was true that i t was .00 trifling with the Court. A ut h ors were b ut men, an ers person, he would venture t o sa y, cou ld te k e up the PaPtbat connected with the case and read them without seeinc o l e , this rival publication was at the bottom of the 'IT t he This dreaded Flying Dutchman was the cause, 551 bad single cause, of all the complaint. a . If Mr. Colbul iy ieg not been guilty of buyi ng t h e copyr i ght of the 'tool Dutchman the Court Would neverhave heard of the.Ph ail e ht Ship or its publicati on h t Amer i ca. H e the jo t a that the case might 'have been brought f°rbeee. in a manner very different to what it had .10, Why had the applicatio n f or t h e di sso l ut i on o f the ini tion been made upon th e answer o f Captain l‘f arr Y ett ' r ev not upon affidavit ? Why, f or this plain and s im p le` son, that upon a qu es ti on o f t i t l e the answer was condo, cive. That was not t h e f a i r way to have the matter roughly su well inveizated.____Money_rouoy..,cooney, one be the only c r y o f C apta i n Marryat ; he had receive d sum from Mr. Colburn, and he wished to have a gr es— e ll On the question of title Captain Marryat had the e ase to on his side, because, on that question they had no right t repudiate the ansvfer. But he must tell the C ? e r g that on hi; side affidavits had been filed, exPla iai t he the wh=ole case, and if required he should tender them to . ere ( ;hurt. The injunction being obtained ex parte, tP the were two grounds upon which it might be dissolved, t o g upon the merits, or the fact of some special matter u',bt 'concealed from the Judge. Now, if the Court tbol7o, that there was anything in the answer raising the que li i l t a, of conduct as distinguished from the questions of te e ai t then he should tender the affidavits to the Court, as would be great injustice if those affidavits were net elf lowed to b e rece i ve d , b ecause t h e answer might make % o old case. He beli eve d t h at t h e l aw upon this subject C o ol not be disp u t e d. Th at t h e protect i on in this co ug hs, afforded by co p yr i g h t aga i nst p i racy by foreign to or works imported from abroad, only extendeu o ili works whi c h h a d b een prev i ous l y and 014 1 t he published in this country. Now, what Was p p dealing b e t ween C apta i n M arryat and Mr. Cowitioa why it was a mere matter of merchand;ise. The pc' pip in which Captain Marryat would have it. believed that o id Colburn had placed himself was, that after he bag ftba 7501. for the privil ege o f inserting parts of the work i re to New Monthly Magazine, and pub:tishing the wh ° p 01 , three volumes in Oct o b er —th e moment a f ter that ocer was paid, Captain M arr y a t m i g ht sen d t h e manus crip t brisg to America, and ge t it p r i n t e d and published there , ti e it back to this country, glut the market with it, a lthe jo g Mr. Colburn h a d p a id 7501. f or t h e purpose o f keePtlie the public constantly on the qui wive for the work. According to Captain Marryat's version ° ho t t agreement,_ the 7501. was to be paid for 13 , 4 ° 1 I He did not mean to say that the statements of vl t teo, • Marryat were untrue, but he surely must have foil 1 .0 4 the real position in which he was placed. The lit e ol, Counsel then proceeded to comment on the a gree— o t from which he stated, it was clearly to be inferred , p ly the right was taken away from Captain Marryat of b o P,dir lishing the work in any part o f t h e wor l d. Could i t hes looking at the aareeanent, that C a p ta i n M arrya t oil liberty to go to Rotterdam and Boulogne, and tlier e s 46 and publish the w o rk, an d i mport i t to this country he would ask, would th e C ourt h ave said if he 116 ` . ;,;„ I so ? He had n o t t h oug h t i t right to atttempt ! course, but he had th reatene d t h at he woul d p I le it unless a better bargain was made with bits'. t 0 11 (Mr. Knight B ruce ) t h oug h t t h at Captain Ma' ari a ill reflection would not put those threats into elecr.tiea;l of was not dispo se d t o sa y a s i ng l e word disreweet'en Captain Marryat, he b e li eve d hi m ' to be a n i t - " first-rate talent, b u t h e must b e a P .owed to say ttsestg Captain Marryat sho u ld thi n k it rip'nt to put. his tu 0 . ; into execution, it would be, to sw . ,, the least of it, 9 honest act on his p ar t. Th e Exesent was, not a ca 50 s d specific performance or f rau d .. The interest w hic been transferred to Mr. r iol'ourn was a legal interes t 'lV it would be competent f or hi m to maintain that intereoottll; an action in his orrla name if his right was i nter fered s pd In the agreemen t there was a total P.bsence of frau d ' ide s there was every pr o b a bili ty o f t h e parties on bot'i tbst that nothin g ma t er i a l b ad escaped them ; and 1 1 0 0 11. , agreement Captain M arryat had deprived of publishing the work anywhere ; becaustr 7, r etr agreement not a single word was said with 0 '0 0 ; to the reservation of America or any •otbeni'aid A Captain Marryat had got 7501., was to }raw) 25 , from Mr. Colburn, and then went and cor,s t ated o _,` e ataP, tor as to the way in which he could destr oy any a d be that Mr, Colburn might derive from tl',e g age nl : e tb• ik had entered into. Then it had been acaid that selqbei r e material had be en k e p t b ac k f rom the, hurt whoa ~ if junction was ap p li e d f or. T he question yeas wheth e , r ,:ao . ,, Court had hea r d a ll t h at now appeared, it wouldr (raj,* fused the expart e i n j unct i on. It appeared to 10,111,, Knight Bruce) th at every step in, the proceecl` l ',7 o p,r°,; aggravated the off ence , and the lettiars that had be duced added to the strength of Sir. Colburn's easeo.ooPoloP I believed that if Capt. Marryat dviewed this matter calmly, and deliberately, he wo, u ld have come to th e e t f ibo ; sion which every disint ereste d . person must arrive at tb j : pd s he threatened to d o was a violation of his agreereef: la breach of faith an d truth both in law and • el!" (Mr. K. B.) said, most deliberat e ly an d distinct l y' e/I t i the acts thr ea t ene d by Captain Marryat, upon t e vre °l dente and th e docuanents, if carried into effect, have amounted to an act of dishonesty, but, behei,„b al• l f he did, th at C aP:tain Marryat possessed those b p; s ea honourable f eall i ngs which ought to belong to a P: Ott d his station., he did not think Captain marrYA t P have carried his th reats into effect. /Lea ° had done probably had been under the I re sub; of excitement and temper, which the best of us. v , ra sp° ject to. But that would make no difference w?tu.breets: to the injunction, in the consideration of which ttle . L' ote rip,' whether coolly or hastily made, would have a r odu lgo i awight. Rather strong expressions had been reta liat e ,; in by the other side ; he did not wish to wag be I and would merely observe that Mr. Colburn br re° as respectable as Captain Marryat. lt f ig a ct 0 . 11 0 said that Mr. Colburn might be left to al'uswer for compensation, but that would be an of I: .tor p t an application f or an i n j u nction in every case of u_ property ; an d if hi s H onour t h oug ht the answer o,Aid afford a case f or di ss olving the injunction, he w had been assailed at the bar, unless he refuse t he app doing justi ce t o a respectable tradesman,wh,e'ae ch art if tion with costs. Mr. SUTTON SHARPE followed on the same si de. 4, Mr. JACOB replied. An English publisher, alt) JOU . ;• I. , he might have had an assignment of the copyright Get l /2, 8 could not prevent an A mer i ca n publisher, 0r., 1 1c 1 re. ollll ° from supplying English re a ders with as many A"