The Sun. — London, England, 1844-09-03 00:00:00

passed on any one count, the Court of Error couq not interfere, because it could not tell that the judg ment bad not been passed upon the goad count. This must be the case in capital of fences, and must also be the case where tie amount of punishment was fixed by law; and he could not see why it might not be so in cases where the punishment was discretionary. They were called upon to assume that judgment had been passed in respect to each count, and then to suppose that each count had bee'i properly constructed—that was the meaning of t'ne words this present judgment for his offences aforesaid. It had been said that a hard s hip would be inflicted on the" defendants, because they could riot, if again indicted, plead autrefois acquit or autrcitbis convict. With the good Count'; that could create no difficulty, and it was a fallacy to suppose it wouldcreate any difficulty with the bad ones. It did not lie in the mouth of the prosecutor to take advantage 'of it, and as long as the conviction remained, that would be considered as good, - be the counts never so bad. Something had been said about the possibility of a pardon for some of the offences, and not for others. That argument went too far, for it went to show that a general sentence was always bad, even although all the c oun t s s h ou ld b e goo d. There was the case of the Queen v. Young, and a stijt stronger case the Queen v. Powell, reported in 3 Bar-newel' and Adolphus. In this case there had been two counts in the indictment, one for an assault with intent to commit a rape, and another for a common assault. The verdict , was, we find the prisoner guilty of the misdemeanour and offence of which he is accused. The point to be decided was whether these were nomina collective, and if not to which of the two counts they applied, because if they applied to the second only the judg ment which included hard labour was illegal. The Court held that they were nomina collective, and applied to both counts. That was a strong presump tive argument in favour of the judgment being good, provided there were one good count. Assuming the judgment to be bad on the Ist-, 2d, 31, Gth, and 7th counts of the indictment, still it remained an entire and good judgment on the other counts of the indict ment, and could not be reversed. Mr. Justice Niacin': then - proceeded to read his judgment. In cases in which the law had fixed the limits of the judgment, and had left no discretion to the Court, the Court in passing judgment could look to nothing beyond the law and the record, but in 'cases in which the law had left a discretionary power to the Court as to the amount of punishment the Court would and must look beyond the record, for if it did not there would be no reason for the discretion which had been left to it by law. Jt was moreover the practice to look beyond the record in such 'cases, and it was usual in passing judg ment to consider the evidence which had been given at the trial. In cases, also, in which the law , only showed the kind of punishment—such, for instance, as fine and imprisonment —and left the amount of such fine, and the duration of such im prisonment, to he awarded by the Court, it was usual for the Court, in deciding on its judgment, to consider circumstances which did not appear upon the record Wit;irespect to the question whether the record found 4ny offence, and what the judg.nent should be, as no seore was necessary to determine those questions than z right construction of the record, and a knowledge .of law, they were fit subjects for a writ of error, by which the record was brought before a supefior court of. law. But the question of the amount of punishment was not the. subject of a court of error, which had not —l7o,re it the evidence given at the trial, or the other matters which determined the amount of punishment. It ap peared to him, therefore, that When the record showed that the defendant had been convicted of an offence 1()r which he was liable to pay a fine, and to be impri soned and find sureties, there was no ground for re versing the judgment, but there were other parts of the record upon which, if they stood alone, the judgment could be passed. If it were otherwise, it might well ba that a judgment would be reversed by a Court, of error, which, in the case of the Court below, would have subjected the de fendants to the very same species and amount of punishment. He thought, therefore, that upon the record, neither in the case supposed by the third question, nor in that supposed by the 11th, could the judgment be reversed by a writ of error. air. Justice COLTMAN said- the Lord Chief Jus €ce of the Common Pleas having delivered the unanimous opinions Of their Lordships ex cept as to the third question, and . the 1 1 th, it was unnecessary that he should advert to any other than these two. 'the third-question had already been read, and therefore he should not repeat it ; and to that question he answered that, in 1 - 1;s bumble opinion, there was sufficient ground for re verting the judgment by reason of the defects of the indictment, and by reason of the defects of the find ing. of the jury, and the judgment thereupon. And he grounded his opinion on the reason which would be given at length in the answer to the 11th question, which reason had been referred to, and which appeared to him to apply to all the defects to which the question referred. To the llth ques tion he answered that, in his humble opinion, where an indictment conz,isted of three counts, A B and C, and counts A and B were good, and count C bad, and judgment were given against the defen dant for the offences ....charged, that h e b e fined and imprison e d, such judgment was insufficient in pint of law, if confined expressly to the counts A and B, and ought to be reversed on error. He was well aware that a contrary opinion had existed gene rally among the members of the legal profes sion. But there was, he thought, no difficulty in seeing what was the reason of this ge neral impression ; and when they looked for any authority to support it, there seemed to him to be little or none. The authorities relied on arose on motions in arrest of judgment. The expres sions used referred to the state of things before judg- ' ment was pronounced. They Were quite true as ap plied to criminal proceeding:A in that stage, but the case might be different after judgment was given. The authorities relied on were tEe Queen r. Ingrain, Grant r. Aspen, and the King r. Bedrick. llis opinion was, - - that though the principle was true, with reference to that stage of the question, it was not true with respect to the case of a writ of error after judgment had been recorded. The former had been made to the case of Young and others, in which two ciunts were gOod and two bed; and in which the judgment was held to be goad, notwithstanding the badness of two of the counts. But the objection raised to th, se counts was noticed in that judgment groundless, nor did it appear to hsre been at all insisted upon in argument. Therefore it was to he considered, not as a decision, but as a precedent only ; and in a Court of Error, where the question now arose for the first time, it could not, he thought, be considered as a binding authority. If they considered the question on principle, the argument in support of the sufficiency of the punishment seemed to him to stand thus—when there was but a single count in an indictment, as was the case in - old times, although it contained several idle and superfluous allegations, yet if it contained sufficient pertinent matter to sustain a criminal charge, the Court was warranted in passing judgment on the whole count, and passing by the idle matter ; and in like manner, now that it had become usual to insert many counts in an indictment, if there were one good count and others which were bad, the Court might treat the bad count as idle and superfluous matter, and passing it by without regard, give the appropriate judgment which was united to the good count. The practice at the assizes was in conformity with this view of • the case, when it was I riot customary to do more than give a general judg ment in the indictment Vtithout stopping to consider whether any counts were bad in point of law. But to this view of the case he should answer, that he did not consider the case of an indictment in a single count, containing some i lle and superff uous could be placed on a footing with an indictment con taining superfluous counts—some good and some bad. For in the former case, the indictment professed to contain one criminal charge only ; in the latter, it pro fessed to contain several distinct charges in each count, as in the nature of a separate indictment. And he contended that the defendant was entitled to know on which count he was sentenced ; and the reason why he was entitled to claim that right was, that if con victed_ ofan offence on an insuffi c i en t i n di c t men t, an d if judgment was passed aga i ns t hi m, h e m i g h t p l ea d t h e conviction to any other indictm en t as th e same charg e . I n the case supposed, if the defendant were indicted for the same offence, and that it were in sufficiently charr e d in c ount C, h ow was t h e C ourt to deal with t whether the partiny i. ci la s ta e_—how were they to know b suffered the sentence of the law or not ? It sssid that the Court had only to look to the o riginal Cou r rt ecord and that they must be aware that te in passing sentence, was aware of the defect in below, t and did not pass any portion of the sentence Ahcoruesnflt';‘ct to it. That reasoning might be j ustythe Court were infallible; but the presumption that the Court had not committed an error was not a safe one to aat upon, and might be directly at . variance with th e fact. Surely there ought to be some snore safe ground on which to judge of what the Court had done. Every record ought to state expressly and explicitly what had been done, in order that the party might not lose the benefit of the plea which he was entitled to, an d that the Court of Error might be enabled to see whether there had been an error committed, and to - redress it if it ex"sted. Lord Coke said, in the Third Institutes, p. 214, that in the case of an acquittal the Judges ought before judment to look into the old record, and upon due consideration thereof to cause it to be en- tired. It was said by Lord Hale, p. 293, vol. ii., that where the indictment was insufficient it was reason to have quod eat sine die special in the cause, and then the acquittal was applicable only to the in sufficiency of the indictment. The remarks of these two eminent judges were made with reference to the entry of a judment insufficient in fact. ale judgment must, perhaps, have been free from error if it had been expressly confined to the good counts, and no judgment had been given on the bad counts; hut where the judgment was, as in the case supposed general, it must be supposed that it had been given en all the counts, and it had indeed ex pressly been said to be so, and one of the counts being bad, tie judgment seemed to him to be erroneous. If they supposed a case which must he allowed to be possible, that the Court below, mistaking the law, passed judgment with reference to a count which con mine l no legal charge, and the party was sentenced under that count, his punishment would be manifestly unjust. It might be said that the Court, by whom the cause was first tried, knew that count C was bad; still the Court must have given judgment with refer ence to the bad count, and there would be introduced an inconsistency of a strange nature if the Court of Error, in looking to the record of the judg ment, held that it must be presumed that the Court below passed no judgment on the bad count. Such an inconsistency ought not to be admitted if the whole were to be considered as anything in the nature of a science, or anything more than a rude collection of arbitrary rules. It might be said that the rule was sufficiently established. It seemed to him that it was neither consistent with the disnity of the law as a science, nor, what was more important, did it tend to promote the ends of substantial justice if a judgment in such a case were reversed, and the defendants still remained liable to be pu nished on an indictment properly framed. In reply to the latter part of the 11th question, it appeared to him that if counts A and B were cer taro, and the judgment were that for his said offences he be imprisoned for a year, the same rule would ap ply, though partially only. And though the probabi lity in that case would be greater that judgment was given with respect to the counts A and B, and not with respect to count C, yet he thought it ought to appear distinctly on which count judgment was given. The judgment would be substantially correct, al though technically imperfect, which would not he the case under the former supposition. Mr. Justice WILLIAMS then read his opinion, to the effect, that although there were differences amongst the Judges upon the 3d and 11th questions, yet that the material difference was in respect to the latter. Before he should go to consider those differences he would premise, that on the merits of the case, properly so considered, there was no difference amongst his Learned Brethren, and that in the opinion of the Judges these were good counts which would sustain the judgment. There had, also, been no difference in the Court below upon the plea of abatement, that the finding was complete in point of law, and that the motion to arrest the judgment must be refused, because there were some good counts in the indictment. The objections were purely of a technical nature, and were to be examined in the spirit of exact and minute inquiry. He had said that the differences amongst the judges arose on the last question submitted to them by their Lord ships, and, in observing upon that question, he would draw the attention of their Lordships to this point—that there was no difference between this case and any other criminal case in which the verdict of guilty was recorded, one of the counts in the indictment being bad and another good. The Lord Chief Justice (Tindal) had told their Lordships that there was no difference of opinion amongst the judges, that some of the counts were good, and that the verdict was unexceptionable, and the sentence rightly recorded. He would come therefore to the 11th question, the last and most important. In answer, his opinion was that the finding was right throughout, and there remained only the question whether, upon an indictment in which there were good and bad counts, and a sentence of fine and imprisonment had been recorded, that sentence was to be reversed on account of the deli ciency of some of the counts. Now the constant opinion had been that where the finding was sustained by one perfect count, the sentence was not to be re versed. Perhaps, as sonic of his learned brethreen seemed to think, that was an old error, but if so it ought to be shown and not presumed. He was disposed to take the dicta of Lord Mansfield in the case of Grant and Assop, and in that quoted from Cooper 175, by the Lord Chief Ju s ti ce . Th at L earne d Lord held that in criminal cases, where one count was good, the ver dict was good. Surely that_ was entitled to some weight, being the deliberate and repeated opinion of an eminent Judge, not given as an ori ginal opinion, but as a statement of what had been decided and acted upon by the Courts. The Learned Judge then cited two cases from Barnevvall and Adolphus, in which the defendants were found guilty generally, and the Court of Queen's Bench decided that the badness of some of the counts did not vitiate the verdict, other counts being good. In the case of the King against Rhodes and another (Lord Raymond's Reports, 786), which was an indictment for subornation of perjury, the defendants were found guilty, and were sentenced to transportation ; whereupon motion was made in the Court of King's Bench for arrest of judgment, on tke ground that the assign ments of perjury were wrong in all the counts but one, and that, as the Judge had the discretion of awarding either transportation or imprisonment, and had chosen the severer punishment, he might have done so upon some of the counts in which the assignments of perjury were wrong. But, in that case, it was ruled that if all the counts were bad but one, that was sufficient for the judgment of the Court. In another case, that of an indictment for obtaining money under false pre tences, there were four indictments, only two of which set forth the pretences, the defendants were found guilty and sentenced to transportation, and a writ of error was brought. That case followed in point of time the case of the King against Mason, which esta blished the rule, that were- the pretences were not set forth the counts were bad in law. In the other case the badness of some of the counts was established, but the judgment was held good. Here he differed from his Learned Brother Coltman, and considered these cases in point, as the badness of the counts were placed beyond doubt, and the defendants were found guilty generally, the punishment being discretionary. It might have been imprisonment or transportation, and it was argued, as in the present case, that the Court might be influenced in its sentence by the bad counts. On these points he agreed with his Learned Brother Afaule, who had before addressed their Lordships. Here he begged leave to state his opinion that the matter for the Court of Error was whether the Court below had acted according to law The Court of Error could not say what the Court below might or might not have done, but whether what they had done was lawful or not. There might be something on the part of the Court below to justify ani ma,lversion. There might have been something un constitutional, but still " that might not be illegal If the Court had sentenced the defendants to trans portation, that would be an illegal sentence; because transportation was not the sentence assigned by law to the offence. But as the sentence was justified by some of the counts, the sentence would not be af fected by the consideration whether there were not other counts which, if not bad, would justify a heavier punish ment. Itwas his opinion that it was ofno moment whether the punishment was discretionary, or fixed by statute, the judgment must be considered as founded on those counts which sustained the verdict, and not on those which did not sustain it. The judgment could not be supposed to proceed upon those counts which were vague, and amounted not to any charge at all —nor on the finding of the jury which was bad in law, but on such finding as the Court might legally pronounce its judgment upon. What was there to make their Lordships think that the judgment was given on the erroneous part of the record, when the Judges of the Court below had declared upon the motion for arrest of judgment that it was not so. His answer, therefore, to the 11 th question Ns as in the negative. Mr. Baron GURNEY then rose to deliver his judg ment, but he read it in such an extremely low tone of voice as to be all but inaudible in the reporters' gallery. He said that he - and his Learned Brethren were of opinion that the sth, Bth, 9th, 10th, and 11th counts in the indictments were good counts. The judgment of the Court of Queen's Bench in Ireland he thought might be well sustained. He was of oFinion that the finding of the jury in the first count, which was a good count, was a defective finding. He could not distinguish between a bad finding in a good count, or a good finding in a bad count. They appeared to him to amount to the same thing. It had been contended, at their Lordship's bar, that inasmuch as some of the counts were bad, no judgment could be pronounced on the good ones. This argument was grounded upon the analogy which was supposed to exist between civil and criminal cases. It was much to be regretted that the rule existed with respect to civil cases, inasmuch as jus tice was frequently th ere b y defeated. But, in criminal cases, it always had been held that one good count in an indictment could support a judgment. It had been contended at their Lordships' bar that the judgment of the Court ought to have been to award so much puni:hment to one kind of offence, and so much to another. This was contrary to all principle of law. The Court before which any case was tried, always ascertained if there was one good charge, and then considered, in awarding punishments, the whole circumstances of the case. But this was not matter for consideration by a Court of Error. Tkey had no means of judging whether the punish ment was proper or not. All they had to do was to consider whether the law authorised the proceed ing in the case. Mr. Baron ALDERSON next rose to deliver his judgment, and said, he felt - that if their Lordships were to reverse the judgment in this case it would be productive of great inconvenience, and would involve a failure of justice in criminal eases for the future. It was with great satisfaction he found that this was merely a technical question, and upon its merits he agreed with a great portion of his learned brethren. THE SUN, LONDON, TUESDAY MORNING, SEPTEMBER 3, .844. The universal belief of the profession was, as long as he could remember, the same as that which was con tained in the report of the case Grant and Astell, and as laid down by Lord Mansfield. The invariable answer given in Court to an application similar to that which had been made to their Lordships was, that it was immaterial to enter into the discussion, because there was one good count in the indictment. If they were to search the reports they would find many criminal cases in which judgment had been pronounced upon an indictment in which there were one or more defective counts, and yet it had never occurred that such an objection had been made the ground of argument in a Court of Error. This objection had always escaped the notice of the most acute counsel and the most astute judges. He thought that some of the difficulties were real, but that they were not all important in the present case. The law proposed no perfect rule—it knew that nothing was perfect, and it adopted the best rule it could. The question then was, was there any analogy between civil and criminal cases—he thought there was not. The course pursued in civil cases by the law was reasonable and just, but in cri minal cases it would be most unjust. In all cases, the Court of Error ought to see that the judg ment which was brought before it in error was right or wrong. He thought if the Court of Error found that there were good counts in the in dictments upon which punishment had peen inflicted, they could not say that the Court below had made a mistake. If such was to be the case, many defendants who would be properly punished would escape. The Learned Judge then referred to the case of the King v. Young and the King v. Mason, the former of which he consider e d a l mos t a d ec id e d decision on the point. He thought there was quite sufficient to support the judgment of the Court below on this point. As to the second branch of the 3d question, it depended on the reasonable construction of the words of the judgment, which was that the defendant was to be imprisoned. Now, he saw no solid distinction between a charge improperly stated, but properly found, and a charge properly stated and improperly found. It must also be borne in mind that a Court of Error could not reverse a judgment upon the conjecture that it was wrong. He thought, in the present case, it was impossible to say with any certainty that there was any error. Whether the punishment was discretionary or not made no distinction. For those reasons, therefore, his humble answer to their Lordship's questions, both as to the 3d and 11th, was in the negative. Mr. Baron PARKE, in delivering his judgment, said that, with regard to the 3d question proposed by their Lordships, he regretted that, after fully considering it, he could not bring his mind to concur with the majority of his brethren respecting it. There were two counts of the indictment bad, there was no legal finding on three, the jury having found the parties guilty of more than one offence upon counts which charged them with one only, and the judgment was that the defendant for his offences aforesaid be fined and imprisoned. But it could not be said how much of the punishment was awarded fir the offences of which the parties were not legally guilty. There were two modes by which apparently this error might be rectified—the first was, that the court below had. awarded punishment only upon the good counts ; the second was, that the same punihment, the same imprisonment, and the same fine was inflicted for each and every offence. With regard to the first, it appeared to him that the Court must he taken to have given judgment on the counts which were good, and on those counts only. With regard to the second, it could not be supposed,. from the language of the record, whatever might be said of the sentence of imprisonment, that the same fine was in. flicted for each and every offence. Prima facie parts of the sentence was given for one offence and part for another, and the Court of Error could not apportion it, as they did not know the facts for which the fine was imposed. There was a prevailing opinion that one good count in an indictment would support a judgment. No doubt, in practice, judgment was often passed without adverting to the counts, and the judgment was never entered on the record, unless where it was required for a special plea, or for a writ of error. That opinion appeared to him to have grown up without adequate grounds. The rarity of writs of error in criminal cases was the reason why the attention of the profession Lad not been ,rmch called to these cases, and hence the opinion had been suffered to pass unquestioned. The dicta of Lord Mansfield and of Chief Justice Eyre had been al luded to, but in his opinion, after giving the matter the most anxious consideration, the utmost that the opinions of those Learned Judges went to was this, that when a general verdict was re turned it was sufficient to enable the Court at once to proceed to pass sentence. In the case before Chief Justice Eyre, as the punishment was a capital one, he was never called on to consider the point. In the case of the King v. Young the objection which had been taken in the present case was not available, because in that cise the defendant had been sentenced to a punishment in accordance with the provisions of the statute, and no part of that sentence could be ascribed to the bad counts. He doubted, therefore, if the received opinion was so established by usage as to compel its adop tion. Allusion had been made to the inconvenience which would arise if that opinion were decided to be erroneous. He could not see in what that incon venience would consist. The only result would be this, that the defendants being entitled to an acquittal on all bad counts, the counsel for the prosecution would have to examine the record to see that judg ment was not entered upon the bad counts. For these reasons, notwithstanding the respect which he entertained for the opinions of his brethren, he was compelled to differ from the majority of them on these points, and to answer the third and eleventh questions in the affirmative. Lord Chief Justice TINDAL said that Mr. Justice Coleridge (as we understood) was unavoidably absent from illness, but that he had sent his written opinion, in which he stated his concurrence with the majority of the Judges. The LORD CHANCELLOR—My Lords, I move that the further consideration of this question be postponed to Wednesday next. haps as frail in my nature as others, and would use the same means to attain the same end. I aspire, however, to gain public fame, public respect, and public approba tion. If I can achieve this I shall have attained all I seek for, This is my ambition—let other men follow theirs. They may ridicule the magnificence of my aspirations, and endeavour to taint the purity of my mo tives. Let them do so : they will not induce me to alter my course. I seek no pecuniary reward ; I have ample reward in the generous, the honest, the confiding support of a thorough English constitu ency. If I have not an independent constituency, where am I to look for one ? ' , Where is the proud Baron, or the many-acred Squire, who can i uperioesly say to you, " Return me this man or that as your repre sentative?" You are no political sham, but an honest and independent constituency, equal in intelligence to one half of the Members of the House of Commons. I met you first, perhaps, in a great measure by accident ; but I had not long been among you before I said to my self; " I have now found a society of enlightened men in whom I can confide, and if they place confidence in me, the smiles or frowns of a Minister will have no effect on my eonduct."—(Cheers.) The miserable insinuations of third-rate men, who hint that I have been refused a place. and that the independent course I have taken against the Ministry arises from disappointment, have no rffect on me, and I will never take the trouble to answer them. Sir Robert Peel knows me—we have been some years on terms of private intimacy, and he knows me too well to think for a moment that any pecu niary circumstances influence my conduct. Let him— the Minister—once state that in public, and I will answer the charge, but not till then. No, gentlemen, I aspire to no petty post or miserable pecuniary benefit—let those who do obtain them ; they have my consent. I aspire to rise in the eyes of the public ; and, let who will be Minister, I will fearlessly follow the dictates of my own conscience, for I k now I can return to my con stituents without dread, confident that they will appre ciate my motives and support me in my independent ex ertions.—(Cheers.) These words, gentlemen, are not uttered during the heat and excitement of a contested election—neither are they the bragadocian b o asti ngs o f a tavern oration—they are words I wish you to recollect —words, let me tell you, I have spoken in my place in the House of Commons to the Prime Minister. No man has given a more generous, a more disinterested, and let me add—when in opposition—a more efficient sup port ; I have had fr, quent tokens of his private grati • tude, and during the last session I have received the public testimony of his respect. I was his supporter when in adversity—in prosperity I will not be his slave. (The Honourable Gentleman sat down amid tremendous cheering.) Lord BRo - uGnkm—And that the opinions of the judges be printed. The motion, with Lord Brougham's addition, was then put and agreed to, and their Lordships adjourned till Wednesday. The galleries and the space below the bar were crowded during the whole of the proceedings. The seats at the foot of the Throne were completely occu pied by the eldest sons of Peers, and the attendance of Peers was very numerous. There was a crowd waiting outside the doors, anxious to hear the result. MR. D'ISRAELI AND HIS CON STITUENTS. (From the Shropshire Conservative.) On Monday Mr. Dlsraeli paid - a visit to Shrewsbury, to meet his constittierits and explain his Parliamentary conduct during the past session. The Shrewsbury Con servative Club met in the Assembly-room of the Lion Hotel on Wednesday, Mr. James Whitney, in the chair. Upwards of 400 electors were present, and the health of Mr. D'Esraeli being proposed by the chairman, was drunk with enthusiastic cheering. In replying to the toast the Hon. Gentleman made a long speech, from which we can only give brief extracts. Mr. DlSRAELl—Gentlemen, your respected chairman has recommended me to your notice as a champion who came forward to fight your battles in a time of need, when there was no other candidate to be found, and ge nerously acknowledges that that circumstance should he the foundation of your future support. I cannot but fed grateful for so flattering a suggestion ; but I am not desirous myself of claiming your future support from feelings of past gratitud , , and would rather let my future conduct be the basis on which you should build your confidence, and that my claim should ever re- t, not as a past candidate, but as your present repre•entetive.— (Cheers.) I soon had an opportunity of having my promise tested ; for, upon my arrival in London, the first information I received on entering the lobby of the House of Commons was, that Government had determined to force the Canadian Corn Bill through the House ; and my informant inquired what course I should adopt. I answered that, however painful it might be to my feelings to oppose the Ministers, I should not hesitate for a moment in voting against the measure. I (lid so ; and a Member of the Government—a Cabinet Minister—the same evening asked me why I did so ; and said that the people of Shrewsbury did not care about the measure. It is possible, gentlemen, that you might have forgiven my tergiversation had I voted for the mea sure. and explained to you my reason for doing so was the difficulties in which the Conservative Ministers were placed ,• but I had not the moral courage, nor the immo ral audacity, to say one thing to my constituents at Shrewsbury, and within twenty-four hours vote diame trically opposite in London.—(Loud cheers.) This, gen tlemen, was the first occasion on which I was under the painful necessity of opposing my friends, the Conserva tive Ministry ; but, as a man of honour I ask you, could I have done otherwise, or could I have rendered my op position less offensive ? At that time there was a most powerful party arrayed against the Government, and how easy it would have been for me to have made a vio lent and damaging speech against them, and have in flamed tho passions of those friends who were then in opposition ? Such a course of action on my part would have told with double effect, because I had defended the FRENCH EXPEDITION TO 'TUNIS.—The French Ministry on their two previous measures ; but I had no fleet which sailed for the coast of Tunis, to resist the wish to do so, and I only recorded my silent suffrage Turkish fleet, had its labour for its pains, the Turkish fleet having never . come nearer Tunis than Beyrout, in against them. Still, gentlemen, I have been told that ti Syria, which is 600 or 700 miles distant. The Turkish my opposition was factious. Does such conduct as that Not appear factious to you ?—(Cries of " No, no.") cf ee . t consists of one ship of 120 guns, three of 100, three long after this, a motion of vital importance, I consider, 4, a frigate of 60 pins, two of 44, and a brig of 20; to the well-being of the working classes, although not a total, seven linesofebattle ships, three frigates, and a political measure, was brought forward by a nobleman brig, carrying 810 guns. famed for his philanthropy, and in some measure connected with this coun ty I need scarcely say LOSS OF V ALUABLE H ORSES. Th e steam-s hi p of Sd, Captain Ce, arri W that I mean Lord A s hl e y. The motion I speak Queen day, after a cotlan rough voyage to and from H ved on amburgh. ednes- Her of was for limiti ng th e d ura tion of labour as far as regards wo men an d c hildren. There is no cargo hom e i nc l u d e d seventeen b as k ets plums and four subject, gentlem en , on w hi c h I have taken a deeper teen head of c a ttl e , th ree o f w hi c h h a d to b e s l aug h tere d on board. Of th e va l ua bl e cargo o f h orses which she interest tha n th e con di t i on o f the working classes. Long bef ore w h at i s ca ll e d t h e " c ondition of the p eo - took out, o n S a t ur d a y wee k, we are sorry to state t h at ple ' question was di scusse d i n the House of Comm ons , she lost t en , i n t h e severe storm o f t h e f o ll ow i ng c l ay, I had employ e d m y p en on t h e su bject. I had long be en 120 miles from the H um b er . F our belonged t o M r , aware that there was some thi ng rotten in the core of ou r Strauss, of Vienna, four t o M r . B am b erg , an d t wo to Mr. Furst nber g . M r . St rauss ' s l oss i nc l u d e d t wo very social system. I h a d seen t h a t w hile immense fortu nes were accumulating—whil e wea lth was increasing to a large and v a l ua bl e d ar k b rown mares ; a b a y mare w i t h a long star, w hi c h was p urc h ase d a t a hi g h fi gure , an d superabundance— an d w hil e Great Britain was cit e d throughout Europe a s th e m o s t prosparous nation in th e another splendid hunting mare. He has also two oth er world—the worki ng c l asses , th e creators of wealth, were horses remaining at Hamburgh, which were so muc h injured, as not to b e a bl e t o t rave l f o r a month. Mr. steeped in th e mos t a bj ec t p over ty, and gradually s i n k • ing into the d ee p es t d egra d at i on —(Hear, hear) A s I Furstenberg's lot consisted of two fine bay mares, ou t o f stated before, gentlem en , th ere is something unsound i n a lot of eight, and the remainder will not b e a bl e to leave Hamburgh for a fortnight. Mr. Bamberg, ou t o f the pre sen t state o f our soc i a l s ystem— one -h a lf t h e population i s overwor k e d , an d t h e o ther half un d er - pa i d, fourteen horses, besides losing four, had fo ur o th ers much mutilated and severely injured. We ar e assure d —(Hear.) It i s f rom these circumstances that we wit. t ness the extrao r di nar y scenes o f misery and insubordi hat the whole of these heavy losses may be att r ib ute d t nation in the m anu f ac t ur i ng di s t r icts, and see wh o l e pro - to the overloading of the ship, to meet the wish es o f t h e vinces in fla mes i n t h e agr i cu l tura l.—(Hear.) Th e no b le owners of the horses, who had repeatedly cross e d th e German Ocean with valuable studs. A di-lay of th ree Lord wh om I b e f ore ment i,, ne d h a d deeply th oug h t on •heee circu ms t ances ; h e h a d , w i t h o ut politi ca l, an d cer- or four days would have saved some hundreds of po un d s . tainly witho it factious motives, instituted committ ees o f Of Mr. Strauss's lot of thirty-ene, in the Quee n o f inquiry, w h o h a d pu bli s h e d repor t s on th e con di t i on of Scotland, on her passage to Hamburgh, not one cost l ess the labou r i ng c l asses, f u ll o f d eta il s so a s t oun di ng that than 1001., and for several 1501. and 1701. wt re paid.— Advertiserdoor,they had cause d a sensat i on t h roug hout th e ent i re ki ng- Hull UTHAMPTON, SEPT. 1. —The Peninsular and do, which h as never been equalled since the Oriental Company's steamer Royal Tar, Captai n Henry publica- SO lion of th e fi rst report on the slave trade. Upon the noble Lord b r i ng i ng f orwar d hi s me asur e for reducingM Foster, arrived this day at half-past eight P.., bringing th e the hours of labour of women and children, I, with a f l (llo n winf ie m r a d il a s t — ea fr o o f mGibraltar, Ca a d s iz ol Li: . on, f O o por ( t ; o i , h a ra nd powerful party, composed o f me n of all political creeds, Vigo. Her 24th, Cadiz , Lisbon 27th. Ships of war departure ari are voted in its favour. The Government having been twice lyi ng at Gibraltar—Her Majesty's ship Formidable, 80; defeated by th e N o bl e L or d, y o u would have thought Scout, 20; steamers, Hecla and Sydenham ; Acheron, sailed that they would have bowed to the decision of the 24th, with Malta mail; two Danish frigates and one steamer, House. But no. A Cabinet Council was held, and Sir one Norwegian corvette, one Sardian corvette, one United Robert Peel came down to the House and called upon States store ship, and one French steamer. Cadiz—Three the Members to resc i n d th e i r vo tes. I wi s h to spea k French steamers, one American frigate, and one Sp an i s h c here with frank ness; it h as b een sa id by some , t h at thisorvette. Lisbon—Her Majesty's ship Cal e d on i a , an d th ree French steamers. Specie on board-11 packages. List of was an unconstitutional, an illegal, and a violent act of Passengers—Mr. mr Lang, Colosel Dumford, Lieut. Dundass, Sir Robert Peel. It certainly is not so. Ido not think Beckwith, coa . ihacil r I . lr. Mulca.sten,dt e lr. Trupi, ‘ Mr. Pridgen, Mr. it is unconstitutional for a Minister to request the R o usee tn. Varre, Mr.lllaCarthen, of Commons to reconsider any question upon which Mr. Dunlop, Mr. s w lfel ee and Mr. fr. P or o g r there is a possibility that they might have been mis- CAPTAIN WARNER'S INVENTION. —M. Jobard, of taken. It certai n ly i s one o f th e last efforts of a , Mi- Brussels, who has devoted much attention to pyrotechnic nister; but, th e House having rescinded th e i r v ot e , I wor k s , has communicated to the French Government what consider that Sir Robert Peel was amply 3c justified iti the he states to be the composition of Captain Warner's destruc course he pursued.--(H ear , h ear . ou do not, am tive power. It consists, he says, of a C ongreve roc k et , ma d e sure, cons i der it factious on n a y ,part b ecause I Voted ) in this way :—The head of it is composed o f a h o ll ow i ron V against the Ministry on th ese occas i ons —l d eep l y de - cone, of great stren g th, conta i n i ng a kil ogramme of fulmi- nate of mercury, on w hi c h i s pl ace d t h e usua l charge of the plored the difficulties they had t o c o n t en d aga i nst, b ut I rocket, of which the body is twice as long as those in general f u r s o e. He discharges his projectile from a directing tube could not change my principles because of those diffieulp wamt the port- h hisol e o po f rf( t li l i te i s e c twi vessel, ieei l kt skimming g o on a l a on l s. ev ties.—(Hear, hear.) What, however, was the next step e t l he wi w th av t e h s e , of this Conservative Government ? In the last throes and agonies of the Whig Administration, Lord John which support a art , s itself th in the side of Russell brought forward a measure which would mate- the enemy's vessel, p where it bursts, gt . when efire reaches the rially injure the interests of our West India colonists. fulminating powder, and, making an immense opening in it, j This was done by the expiring Mi n i stry i n t h e hope of s i n k s i t at once. The proper range of this rocket is only exciting the sympathies of a large and powerful class. three or four miles, but Captain Warner imagines he can and to endeavour to draw wealth int o an i mpover i s h e d send it five or six by discharging it from a cannon. He does exchequer. Sir Robert Peel and th e Conservative p art not say that he w ill a t ta i n hi s o bj ect i n the first attempt, opposed that Bill, and the Whigs we re d r i ven f rom t)fficy but he will try on u n til h e succee d s . e upon it. This is not the place t o di scuss the merits of CAPTURE OF Two S LAVERS .—H e r M a j es t y ' s s l oop Star arrived at Ascension on the 7th of July from the eßill t i ~ 0 s o I What only wan to place t h should decide upon my e facts of the case be- Prince's Island (C a p e C oas t) a f ter a successfu l cru i se of conduct. five months on t h e west coast o f A f r i ca, during which office ? Lord Sandon—avowedly u n d er t h e di rec ti on o f time she captu re d two s l avers — a small schooner and a or y that did gout u ,t the a s Conservative a ury, party do when in Sir Robert Peel—brought in a Bill vi r t ua lly, if no t , pre- large brig upw ar d s o f 5 00 tons reg i ster—both of which chely, the same as the one upon whi c h th e Whi gs ,were have been prov e d l aw f u l pr i zes. The commaeder and expelled from office. I am not am bi t i ous enough, some of his offi cers h a d b een ill, 'but none had died, with officersTh o h s e pi s t u a surgeon a g o n e n d o n t e h r w e e awBest were still o Julf a ll unwell. Y ifnrtignoTtohdhee healthe commanderffec effects s the exception of the purser, who died on shore in the nor vain enough, to place myself in juxtaposition o a f t t A h e a neap) and his with Sir Robert Peel ; he has means of information which might have shown him that he was wrong on his Star was to sail for St. Helena about the 15th of first opposition to the Bill, and might have seen the ne cessity of adopting it on the present occasion ; but if he July. Now . that the harvest is pretty well over, the farmers possesses those extraordinary means, he should have taken some pains to teach his supporters the secret, or, are beginning to discharge their labourers or lower their at all events, make some appeal to their feelings and un- wages. In several p ar i s h es near Lewes, this has been derstandings for the necessity of it s adoption. Instead done, and the winter is again looked forward to with of that, however, he came down most abruptly to the iw S o y int n gh o e d e; o ei s f rtyi S n t gd . ics P thi e nu t c e rct r i s ho b nd u r i affigthvtuhi(etsi:Pisiataptaol Court; o o a m r e t ; o a n nd a dread by the agricultural population.—Brighton Herald. House, and called upon his followers to support him, trouble could I and the independent por t° assign any reason for the It is said that Count Protasow, President of the o ? Why, vote precisely as we mission by the Emperor of Russia), has been received tswinni sudden without u fn t his takingchange. followerst h l e vh adt voted three years before. Was that factious ? The ina t satisfactory tak t.nt he settlement. pa lazza G u H s i t s i n E i a x n c i e f l p n l Excellency first time I came down amongst you as your representa tive, I said in this room, "I • haee fulfilled the first pledge who, since his arrival at Rome, resided in locanda, has I gave you—l have turned out the Whigs ;" but could I have come before you as an honest man on the present —Dublin Evening Post. occasion, and say, " I have kept in the Tories, by voting NEW POSTAL ARRANGEMENT FOR SEPTEMBER. For the self-same measure which I voted against to turn bet) was St.es i m ss a u r e t t i l n h s y lo th . te; raauntdh,orviitzi.e:s—o(cnthtehGe e m ne o r r a n l h P lg os ( t ) - t w Yesterday the following notice to the public, relative out the Whigs ?"—(Loud cheers.) On that occasion I to a postal arrangement for the present month (Saptern again gave a silent vote, not because I was not desired, the 17th of this month mails will be made up at the CHEAP RAILWAY TRAINS.—NORTH UNION -1. nay, requested, by some of the most eminent men to dispatched t o h n os t e ho pla m ee o s rni ni g l speak on the subject ; but I had a great personal regard office for Chagres, Santa Martha, Carthagena, and San saes—•'lit ß re ce irt,: ir tri d si a Pn g rt t i t ht i ° n et. : l t jtri t ie h t e tt la tal • n o Ct r al t i i -e L n';ii n n'il i e i t n nt C tt , rg ri e p i l n (b v ); , ' et a h: i ' s f thel l il ta'nu forbj the Prime Minister, and I felt that I could not enter Nu p icaragua, p i c i a n r atgounad, London and and the pleasant to his feelings, and I abstained from speaking.will sence on that line o cheap trips. We have had, since the into the subject without saying much that would be un of the 17th instead of on the 2d of e ac a ay c rt h eMtro m m. The division took place, and the Ministers were beaten up and dispatched on the pre • • I articles appeared, n i che ap trip to Live , pool—thanks. net —the strong Conservative Government was defeated,en- , to the North Union Company, but to a small knot of ever the 2d of the month falls on Sunday, the mails will . 11 •in the •d ' and great was the waiting and gnashing of teeth. . tectota tilers No gentlemen could be brought up from the country Juan bbee m madea adee vious evening, and to go than ceuld he accommodated. Of course you whenever the 17th of the month falls on Sunday, the Company . to cover the defeat—no Members could be prevailed • say, the would take advent are , f this fe eling, upon feeling, mails will be made up and dispatched on the following ' • 1 have another trip • 1 - • T • upon to unsay or undo what they had said or done pre- are morning. viously, and consternation prevailed in the Ministerial Persons go by hundreds and thousands to Fleetwood and NE METROPOLITAN PARLIAMENTARY REVISIONS. Blackpool, and they • ranks. It was rumoured that the Ministers were aboutmay continue to go there for any to resign. Indeed, I was told—not as a secret—by two• —We understand that Mr. T. J. Arnold has been ap- possible chance there is of the North Union Company members of the Administration, that they actually had Pointed by Lord Denman the revising barrister of' the favouring them with a trip to Liverpool." ie is sm i pany resigned. I can assure you that it was with feelings of i l_sts of electors for the City of London, and has appointed nion that if a cheap train to Liverpool were advertised,o°Pt great pain I received this intelligence, but it did not to hold his first Court in the Court of Common Pleas, in connexion with a cheap steam excursion, for .s about Guildhall, on Monday, the 16th inst. The in proceedings three or four days, to Menai-bridge, B alter my conviction on the measure. Upon entering the ge, NorthCarnar- Housereceiving andother enchanting Wales, hun resigned;from the Secondaries the lists of the livery, and from the dredawouldgladly embrace but that Sir Robert Peel had determined on il d. the offer. We think so too. overseers the lists of the 101. householders. After this Rail asking us again to rescind our votes, and said if we did way R ecor d. not proceeding the discussion of the different c' • not do so we must abide by the consequences. I could ACCIDENT IN THE QUEEN'S PRISON.—On Satur and objections will be proceeded with in the order which not silently obey the imperious mandate which he put , day evening, about six o'clock, the following singular forth; and I warmly and passionately, but quite unpre- at its earliest sitting, will, no doubt, be appointed bythe Lord ' but seri.ius accident occurred to a gentleman named Court. In the letter of appointment issued b meditatedly, expressed my feelings Cit ' ene subject. The Jackson, an inmate of the Queen's Bent Pri,on. Tit= manner of my address, and the expressions I used, were, Denman, in his capacity of Lord Chief Justice y of the untor:un e atii eetit'einali, who i , a sine young itian, about perhaps, not so exactly proper as if I had been more Queen's Bench, the names of Mr. Lancelot Shadwell, twenty twenty-ti, years of age, was pl . aying a game at me se t s son of the Vice Chancellor of England, and Mr. D. C. prepared; but the circumstances of the case were a suffi r with anther debtor. wh-n, hav , , , g raised the ball, it re gret justification of my warmth, and Ido not now re- Moylan, are associated, and it is presumed that on turned, falling two or three a ads b4iml him, and near those Learned Gentlemen will take the revision of '' the made where his opponent steed. The latter then struck it. use of.--(Loud cheers.) When the division came, h ow . county of Middle s ex, and the other that of the boroughs . and at the same moment Mr. Jackson turning hielseV of Finsbury, Marylebone, and the Tower Ha l ever, the Ministers were in a majority ; but how was et,. As round, the ball carne hi violent; contact with his face. that majority obtained? Why, the champions, the yet, however, no definitive arrangement has been l made. when he immed at , iy, ,overiter it with his hands and ___XTENSIVE SEIZURE OF TOBACCO Amost • • i l e 71.4 ,- N ~ orators, the oracles of the Anti Corn law League crossed : 2 DD . ri ,„„i n ,, : i d i ,. ut I,py.tron,,y ;11 L._ erethees agony-, ex- •' the House, and carried the Ministers in triumph to their portant seizure was on Saturday made by the Excise on ciaonc,l • )., in ee s oet--- ne es 0 5 Wit 1 Ine l obby , —(Hear, hear.) Was ..1 wrong in the conduct I the premises of Mr. F. Ryder,.tob e a etemanufacturer, of lockers-on of h;. gaine and the person with whom he Chiswell-street, Finsbury -s had pursued? No. In two days afterwards the most quare, From infermation was , laying, pert' nig !)1 .0,1 oozi,g• throu g h hi s find s received, Messrs. Adolphus Mark prudent of orators, if not of statesmen, came down to the and John Wilde, two apps nelled him an! to their lee e•• -: -• e i • • his i of` that 'louse and made an apologetic speech, thr the first time indefatigable officers and examinerseie trll of Excise, ' . I .'' 7 1. ' ' . left eye war yi,,g c,.m .? ,..t e 1y „ lit of i ts socket ~,, his proceeded to the above premise. and it ' 1 in his life—because he had always been more cautious, adopneoptfßrh:.:axut(ii•tvs'hyeaPnhe; itactp,rli)fflasae:l i , . requested to . exa- cheek. He tse as immediately carried toinfirmary, mine the stock of t blyco, which • more courteous, and because, in fact, he had never before , ts readd, acceded t.', wh.•re be W, fltiOntieit by tle , toed Cl.O lawt . r, and ;61r. and the result was, that the :llse° . erect a Large qa4ritity Hunter, ;, s , ir.4 -p oo in di, it ig;thott , l. , md, wire, having given offence.— (Hear, hear.) Was not that a sufficient tobacco c.l- justificatio n o f my conduct His own friends said of manuf acture: l 1 app ml e:tr, , o !li 'ln , 0 he replaced l i e 7 eye, :after P c,ireriti examination, pronoun' rd • afterwards th a t t h ey were aston i she d a t his want of adulterated with tin article res• twain- pc,t They -c- tli.- silq ~, I . - ~ 11't'? t;,) ti ,, stn.vpd. Every att,LL:cli caution, , and pursuit g tbe , r =ear.ll, was ;.,,c1 i. , ,) the :,ittf..n.-9., 1 w.. 0 I;,,r4f2h , 'at the ill ;l and tone he adopted on the occ •and if I had sat silent found a large • • • pan, containine a solution ' f ho,ev, or -e,i, id ~• - -He,. ,‘, , ' • :" want of temper, and the arrogant and imperious cordingly seized the whole ••• " * - - ' .' • • anon; a • ••• ,• ~t`N1, ) , . , ) •:4, 1 , i , tot. ±l . lO, 4•NCI ocil:talL, during the haughty address, and craven like had trembled some other saccharine matter. 'They then proceeded . tit I ). ):iin. A . ',, ,i, e • , !,,.; iim., a r ~,e:•i,,,t i: said to La, on my seat without the courage to resent it. how could an adjoining room, which they minutely e xamine d. I t oce „,... e ci _, ~,,. ~,, . i ...;,, : , J), tit Oct' her last. I have dared afterwards to meet honourable and hide. contain e d a cupboard, se:deb they feud to be locked, been lost for a considerable time corise th u a e t n t t i pendent men, and sa • I had done my duty to them as and on requesting the kof • •h ey it, t....y were told their representative? •(Letid and long-continued cheers ) key had THE PIP/ if FF:411.11:11;.--- Ti,e -erwants of this ~ q . y splendid silver cup. With a 'int Al. i.,,,c iption,t , . Colour lie. corps, prvvi.. s 1 1. .-.:i., , , I),;i:' , , ..ttrt.tson. uresented a I have entered into the details of these circumstances they were unable to produce it.. The officers. nut sans- sergeant G. Miller, on his 1 avieg that r,gitM•nt, in O•s -answer, determined that the cupboard t . ofthe high • " in I'h he it, held by iniony . est - tin:ln,, sk lie w lareongneort thanututterly r I l 3, fear lvi t h h o a u s t been interest p l pleasant a l it , o t tt t . o y i o l u lav ; ebnuot name they fi_ h e (l)v d nalad with f be ori t 7 h da l m i n e d and an iron bar b • s open, and within was found ebout "01h of epee p rotein.. .iwarda.- -no powerful interest—no great influence —I am nothing it thet ian i t zl i e the i• - orthern Whig. in the House of Commons but Member for Shrewsbury ; peat, or a iinilar article ob ' ' _ .r . t that, elieved to he mixed • r 4 LaDVERTISMENTI—A MAGic Cent: BY Iloi.- and part of the obloquy which I may draw upon myself l with the tobaece. in the t , l lr em, fur a per: op! of twenty- !,‘,. years a.,H ill Up in the officers iyquirn. , it:, us , , 0 . • p s .11vit• F.ir , . t . , ,- , LOWAY a IN fMENT - AND ILI- • I they were informed., that it I I eree, ~7 , ,st e .vie I, ••b eo ....iml. ! , •.111 law allowed tobacco mlnufact,,rers to,, little triumph, let me know that you will share it with l years, when the ' •• • le , I he must necessarily fall upon you ; and if 1 should gain al me, and that you will enable me to say, ~ We elected have such articles •• In ti. their possessiou. of the cour , e or . fail, t ., II ••, D ' D pa ;i ,• .n .. , for we have found their search they also found a vessel containine Vene- ~f• her i i youth, t i . '6 ; 1 : , -77 ;7 i: t . . k this stranger, and will support him, and a mixture of nth. r ing, bur .!tir o had t • I :" I ' „. ,k , o, th ~.v , • : .... . ngag•.( 7ti the 1 . .,11.-r ..par, fleece, but all h il t . a A n l i e t m i independent n g d a e r n e t a a n d br a i n ef l:o k n e e tc s h t representative. r h es is en c t a a r t e i e v r e:; House of Commons, and concluded by officers were ~ r ,1• ' ' - ' 14% t 'I . :4 saccharine meter hail entireli disa - P now be se ii waki g have their treat object, and I have attained it already. ' peered, and was nowhere to h„ f .., i . a , sist i . i . ein( By (lie .a. •ce a i ee , s ee. • e If I had wanted a crumb of the public plunder, I have 0!..Me,, S Messrs. pure•er and Cowie, the whole stick was de. ode r nee, . little doubt that I could have gained it as ostler men posited in' and c. 'd. a van, an enveye ei the Excise-44%T, to se: ,ie I' ' ' ' ' - . 05 . - i'' have. Let me be fairly understood. lam no political ,be d• ad• eu mated upon be her M., ies v• 's Commissi • • oners. ; (where ~, ,t e - • '.' - ••' • ' '• - .. Pharisee, to thank God that lam not like this man or . Another seizure ' was made en the same premises about respectable vendors of medicine tiaroughout the civilised that man. __ If I had the same objects in view, lam per- I three mont h s since. • 1 world. I POLICE INTELLIGENCE. (YE ,- :.TERT).AY.) 131?:!..1LAY. (Before Viscount Sydney, Chairman ; the Rev Sir C. Farnaby, Bart.; E. R. Adams, Esq. ; Captain Bahrens ; the Rev. T. Scott ; P. Dyke, Esq.; Chapman, Esq.; G. Jackson, Esq., &c., &c.) This was a special seision for the purpose of renew ing the licenses of the victuallers carrying on business within the district, and in consequence of some mat ters that have created a good deal of interest in the neighbourhood, there was an unusually full attendance of magistrates. The licenses of the other victuallers having been renewed without any opposition, Mr. Martin, the landlord of the " 80-peep, at Chelsflel.l, applied or a renewal of his license. Mr. DYKE said that, before his brother magistrates granted the application, he must beg leave to lay before them some circumstances that had come ithin his knowledge, and which he thought they ought to he acquainted with. Ile had reason to believe that this house was the resort of the most de , ! , erate cha racters, and he knew that one man had liv(-d there for st-veral months with a prostitute, who had no mean,, of living but by plunder, and who was eventually transported for deer-stealing. That man had since stated that, if he had offered him any opposition (the deer were stolen from the pa; 1«) f. Sir P. 11. Dyke, the worthy magistrate's father), he would have shot. hint dead, and it was his intention to do so. He did not wish to rely upon this circumstance alone, but he felt it to be his duty to mention it, and the police, who had also made inquiries respecting the applicant's house, would be able to put the bench ia possession of further facts respecting it. Serjeant Leverick, of the R division, said, that in consequence of instructions he received, he made some inquires respecting the "80-Peep." Ile first disco vered that a woman, to whom the landlord had given a good character, with a view to get her into service, had been charged with setting fire to her master's house. Upon his going to the house on a Sunday morning during Divine service, he found twelve or fourteen persons, gipseys, men and women, almost all of whom were in a state of intoxication, and some were lying dead drunk under the hedge. One man seized his horse by the bridle, and he had great diffi culty in genii's , away from him. The place was a regular rookery, and appeared to be the resort of the most desperate characters. Lord SYDNEY a-ked the applicant what answer he had to give to the statements relative to the manner in which his house had been conducted ? The applicant said he could ►,ot deny that the per son referred to by Mr. Dyke was a very desperate cha racter, but the fact was, that he took possession of his shed, and he did not dare to get rid of him, for he threatened him, that if he attempted to do it, he would poison his water, or set the house on tire, and be was actually afraid to attempt to remove him. Lord SYDNEY said it was his duty, when he knew he had such a desperate fellow about him, to have ap plied to the mag'strates, if he really desired to get rid of him. Some other statements were then given, tending t o show that the house kept by the applicant was a place of resort for the most desperate and abandoned cha racters. The CHAIRMAN said he believed the " Bo• Peep" was not within the metropolitan police district. Inspector M‘Gill said it was not. Sergeant Leverick said that vt hen he went to make the inquiries on the Sunday morning he referred to, he asked some questions of the constablemf the parish, and he told him he would find plenty of people at the house. Mr. ADAMS—Why did he not interfere, and do his duty ? Mr. DYKE said he believed he told the constable he was afraid to do so. His LORDSHIP then, after a brief consultation with hls colleagues, said th.tt the bench were unanimously of opinion that it was their duty to refuse to renew the license, as it was clear that the house was the resort of desperate and abandoned characters, and a nuisance to the neighbourhood. ;~ • (I .* LLOYD'S SHIPPING. - - - - LONDON, SEPT. 2.—Wind this day at noon, westerly, fresh breeze, and fine. PORTSMOUTH, AUG. 31—Wind, E.S.E.—SId. Gipsy, South Seas ; Harwich, New York. SEPT. I.—Prince of Wales, Calcutta ; Wellington, New York. DEAL, AUG. 31 AND SEPT. I.—Wind, E. to E.N.E. —Arrd. Koning, Willem, and Ceraur, for Batavia, and proceeded. 61d. Diana and Scotia, Madras ; Ocean and Hebe, Ichaboe ; William Woolley, Valparaiso ; Janet Willis, Demerara; Florence, Madeira ; Cecops, Quebec ; Seymour, Cardiff and Valparaiso. Arrd. Elizabeth, Quebec. - SHORE tum, AUG. 31.—A:rd. Matthew Thompson, St. Andrew. OFF DOVER, AUG. 31.—Iwee, Anthony, Lucie, and Mozambique, all from Rotterdam for Batavia. OFF THE WlGHT—Magdalene, Havannah for Bremen ; Condor, Mayo, Havannah for Hamburgh ; Amphitrite, Nickie, for Rotterdam. SOUTHAMPTON, SEPT. I.—Arrd. Lady Mary Wood steamer, Gibralter, left 24th instant. CARLISLE, Ana. 30.—The Sally, Detchburn, from St. .John's, New Brunswick, on leaving Gilloth Bay, went ashore on Skinbuness yesterday and upset, but was righted after cutting away topmasts, and was towed up to Port Carlisle; crew saved. CLYDE, Auc. 30.—Arrd. Armanda, Daves, St. John's, New Brunswick. Sailed, 29th, Marion, Calcutta ; Ar cadian (steamer), Halifax ; Charleston, Blonde, and Onyx, Quebec ; 30th, Vixen, Port Philip ; Sidney, De merara ; Jane Christie, Berbice ; Magrana, St. John's ; Mary Allan, Montreal. DUBLIN, AUG. 30. —Arrd. Trial, Kyle, St. John's, New Brunswick. OFF WATERFORD, PRIOR TO AUG. 3 1.—Emulus, Barbadoes. CORK, AuG. 30.--Sld. Sherbroke, Quebec. KILRUSH, AUG. 27.—S1d. Energy, Quebec. LEITH, AUG. 31.—Arrd. West Indian, Ichaboe. DARTMOUTH, AUG. 31.—Sid. Malibran, Bonny. OFF PLYMOUTH, AUG. 31.—Tweed, Walker, Africa. LIVERPOOL, AUG. 31 AND SEPT. I.—Wind, S. to S.E., light.—Arrd. Grindley, Ichaboe; Brenda, Reed, Porto Rico; Sisters, Williams, Laguna; Agnes, Braith waite, La Guayra; Sirion and Pursuit, Spence, St. John's, New Brunswick; Hebe, Safeguard, and Baron, Quebec. Off, William Parker, William Rushton, Vic toria, and Fenella. Sld. Perseverance, St. John's, New Brunswick; Harriet, Cape of Good Hope; Henry Bliss and Harmony, Quebec; Mary Stoddart, Calcutta; Ge neral Wiltshire, Ichaboe; George IV., Rio Grande; Cameona, Monte Video; Adams, Maranham; Malabar and Pharsalla, New Orleans; Isabella and Monteguma, New York; Bonanza, Newfoundland. HULL, AUG. 31.—The Mascencomb (Wisconsin) of Newfoundland, was fallen in with, 28th ult., about eight miles from the Outer Elbe Light Vessel, dismasted, and with signal of distress flying, and towed into Cuxhaven Roads by the Leeds steamer, arrived here. The steamer ilamburgh i hence, was passed 29th ult., towing the schooner Fear Not, with damage. The Rambler, Stephen, frLm Konigsberg to London, was abandoned in a winking state, 26th ult. ; crew (except the master) saved. PLYMOUTH, AuG. 31.—.Arrd. Ferdinand, Mexico for Havre, with rudder damaged. JERSEY, Aua. 28.—Sld. Loyal William, Newfound land. FALMOUTZ, AUG. 31.—Wind, E.,7 fresh breezes.— Arrd. Le deuneFrance, Viand, Manzanillo,. PILCHARD FISHERY. MOUNT'S BAY.—During the past week, the drift boats have taken nightly about a hogshead of fine pilchards. The seams have not been shot. ST. IVES —During the week six reins have shot, and have taken about 850 hogsheads of pilchards, which are landed and the nets taken up. Several other shoals have been seen f:om the hills, and from the quantity seen by the driving boats there is every appearance of a prosperous season. Some of the drift boats have brought in a number of very fine mackerel, which sold at 15s. per six score. ST. AGUES.—On Tuesday night, the " Towan" sewn enclosed a large shoal, but the fish tore the net, and got off again. PERRAN PORTlL—lmmense quantities of pilchards have been seen off this place and St. Agnes, and, on Thursday, the 22d inst., th:. Farmers' sean shot, and drew safely on shore 500 hlgshea Is. On Monday last, there were *hi ee seans 'hot—the Union taking about 700 higsheads, the Miners' about 500, and the Farmers' about 400. The greater part has been sold out fresh, at the basket, con taming nearly 300 fish. Should the pre , ent fine weather continue, there is every reason to hope for more catches, as the fish still continue in the bay.- 11 7 e.st Briton. THE MEDICAI PROFESSION RE QUIRE THIRTY MILLION POUNDS FROM THE COUNTRY AS COMPENSA TION. 7'O THE EDITOR OF THE SOIV. Sta,—ln the Lancet of last Sa'urday, the 31st of August, at page 712, you will rind a letter from one G. ..T. Perry, claiming compeFsation froo. Parliament to the tune of 30,000,000/, because Sir James Grab rn has n thought fit so far to interfere with the medical liberty of Ole subject as to put down the sale of patent medicines. This demand of Mr. Perry's is a prery good proof of how the wind blows. How far it accords with what we are told by doctors, viz , that they have no interest in the matter, and that it is solely for the public good that they desire the suppression of patent medicines, we leave the public to decide. Mr. Perry cites, as a precedent for the claim, the 20,000,0001. paid to the proprietors of slaves. What a splendid analogy ! (Issued by Morison, Moat, and Co., of the British College of Health, New-road, London, for and on be half of the body of Hygeists, who cont ,, nd that since all diseases proceed from one cause—viz., an impurity of the blood—they should be treated by the Veg....table Universal Medicine, which being a compound of in nocuous ingredients, can be used by all persons, with out the assistance of any doctor.) P.S. Doctors had better, on the meeting of Parlia ment, obtain a law to prevent people eating and drinking what they please without their advice. MARKET NEWS. (YESTERIM S ' ) CORN-EXCHANGE. The arrivals of all kintis.of gram of home produce. ll o l , rte our mark,t during the past week, have been nnlY n) ,, derate ; but tlio,e of Foreign Wheat, Barley, and tAt'd have been rather extensive. Rather a large quantity Wheat came to hand coastwise, as well as by bin d riage, and smples from Kent, Essex. and Cambridg; shire, at least flit-et -fourths of which were of the r ese l o year's growth, and of very superior quality. Owing the tine weather for harvest work in the north Of Eng h ; land—for in the forward district s nearly the whole 00 grain has been s ecur ed—th e d eman d f o r all kin k ° , English %,‘ heat was in a very slugeish state, An d, l b, order to eff et sale,t, a declit'e in the currencies rained on :Monday last of from Is t o 2s per quarter Orel sobioitt d t • by thy nictors and a clearance was not effec t The ace,unt, which have come to hand to-day, rel' tii e to tho progress of field work, are in the highest deg sati,factory. The stow of free Foreign Wheat was g t)( 0 while the :ale for that article was excessively belo an abatement in the qu o t a ti ons o f 2s p er qu arter, ", a. in Corn tinder I,ck scarcely a transaction took It ] , No E , :gds', troark,t, if we except a few Pa; s o' new, wHoli were in middlintr condition. Fu rel l; p tre, is were t,:avy, but w, Lave no alteration toll! in value. The best Malt was i n re t a il i n quiry st,g e price.. In o , her kind, next to n o thing w as doing. supply of Oat- was not large. Fi ne p o tato qua ilt g, q ; but other kind s we re a mere drti 11.al , and Peas muve off slowly, yet previous o r il ; ,ere supported l'he Flour tra,le was very dull, bar. ...tationary prices. In Seeds we have but few to rei. , ort, at late rates. CURRENCY PER IMPERIAL MEASURE. „,. to.. WHEAT—Essex & Kent, [ MALT —Chevalier,........ '''' red 4-0s to 50s OATS—Yorkshire and ... to Ditto, white Norfolk and Lin- I Potatoe ...........»• . ''"- ~ coin, red Ditto white ...... . I Irish, red 47s to 50s' C0 b r i k a , ck w0iTe .. ............. '9l' 1 •0 10 white.. 21i 0 00 Ditto wh to ... ~., Rvit—Old • 33 1 te' lre New 36s to 38s Pigeons ........... ••••• 31 , o i ,, BAniEy--Grioding 2lB to 27s PEA, - Grey .... ..... ...... w n.' Malang Chevalier 32s to 35s' White ..........•••••*" 32s to .. MALT—Suffolk and Nor, i Boilers.... ..... .....•••• 4 4 5 to.. folk s6s to 62s FLOUR—Town made .. • to7w t oo Kingston aid Ware 56s to 62s' Stockton & Norfolk FOREIGN GRAIN AND FLOUR IN 80ND.,.„, .0 WoßAT—Dautzie -s to 568'BEANs ...... .... ...... ........ o r' 04 ,49 Hann urgh 36s to 40s F g A 1 1 ..................•• ..... oft Will BARLEY 3os to 33s FLouß — American .......z: W. OATS...New ...... ••..• lts to 18s Baltic ..... ................" Feed 146 to 166 SMITHFIELD. /elf For the time of year the supply o f B ea sts extensive as to numbers, and of fair average q u l e lf This circumstance, together with the cornpera`, l - 01 small number of country buyers in attendance, all". / 4,` unfavourable state of the weather for slaughte l : o 6 caused the Beef trade to rule excessively dull, at in; el instances a decline in the value of the er i mes t brel i t i e t 2d, while the quotations of the middling and i?l e of qualities were 4d per Blbs lower than on this se'nnight, without effecting a clearance ; indeed, 0e,,0 400 Beasts left the market unsold. During th e A ribe week the imports of foreign stock into London anu v id various outports have been but moderate, they b. il ipe consisted of only 60 head from Rotterdam. " o c o portation shows the following result for the present I ending on Saturday last:— IMPORTS. He 84 0 80 25 8 148 London Liverpool Hull Southampton... Total 1 ,327 ,e got.- To day there were only six oxen on o ff e r from A 0 01 dam, but they commanded very little attention, 20 .,.,"0 0 c1l realised from 171 10s to 181 5a ea c h. The 0 , 1.1 , 4 0' droves from Lincolnshire, Leicestershire, and amptonshire, consisted of 1,600 short horns. t bere Norfolk, Suffolk, Essex, and Cambridgeshire , fo ol were received 400 Scots and homebreds . ; „ g ator the western and midland districts, 450 Herefords , " ; ol lo Devons, &c.; from other parts of England, 380 of v iol kinds; from Scotland, 260 horned and polled Scots;beig( from Ireland, 60 beasts. The supply of Sheep again very large, the Mutton trade was in a dePA;OO state. However, in . some instances, the primest boi .old at last week's quotations, or from 3s 10d to 4 1 g et the genrral currencies suffered a decline of quite 2p, 811):. As is almost invariably the case at this s our' Lamb trade was very . -dull at almost nominal fi ., 4 15 The Veal trade was again heavy, and the quotati ° "" t ppi a downward tendency. Pigs were a mere drug, b ti cheaper. Per Sibs. to sink the offaL s. d' " ; 3 • 4 S Inferior Beasts 2 6 to 2 . 6 Second qualityslitte... • I° 0 Secomi quality ditto 2lO 3 u Coarse.woolled ditto.. 3 ~ i Prime large Oxen 3 4 3 6 Southdown Wethers 3 ' '''‘ Prime Scots, &c. ... s . I arge coarse Calves 3 4 3 0, Large Hogs ........... : 6 3 Prime small ditto. 4 0 4 4 Small P0rker5.......... 0 Swckling Calves, each le 0 33 v Quarter old Pigs, 6 each l6 Inferior Sheep ... SUPPLY AT MARKET. pl Beasts. I 1 Sheep. I Calves. I 300 3,5,1 36,040 I 113 arZIii7GATZ AND LzaroxigslLlA': A li °f Owing to the prevailing warm weather the aril/ f ed country killed meat since Monday last have beelloot limited, and of inferior quality. The supplies of t , er slaughtered in the metropolis have, however, be e delt tensive. Prime Beef and Mutton have coma? dos steady sale at full prices ; but, with all other 0 1 0 0 meat, the trade has ruled heavy, and the clO til have had a downward tendency. At per stone, e.y the Carcase. s. d. tos. d. .nterior....... ..... 2 2 2 6 Dutton, interior a ,; .large 10 -- primer., middlng S prime large ..... 10 3 0 -- ; S a prime 3 4 4 4 -5ma11........ .. 3 Vcotland Lamb, Ss 4cl to 4s W. ARRIVALS DURING THE PAST WEEIC. Beasts. Sheep. Calves. so 60 60 -- Yorks 'ire e••••••••••• Norfolk Suftblk . — -- .."' Cambridgeshire Essex Surrey -- 20 100 5 0 40 Devonshire ................„. — -- 9 0 _. Wiltshire Other parts ....,,,,,. -- - r. 40 17 _,. Total ........ ... „ SO 385 1 ....,.' 4.7. ?revious week's arrival ............ 61 5153 .'" .....*ri —. ........."' Difference since since our last. •11 196 6 2 . .. e . BOROUGH AND SPlTAX.ll:Zienitote a For the time of the y e ar, th e supplies of very state, extensive, yet the demand is Ins /el/ state, at full prices—or from 41 to 61 per ton. BOROUGH MOP IsiZARZST• .05, il l From nearly or quite the whole of the piann e pt it !tccounis come more favourable. In parts of we we 107 Sussex, picking has already commenced, &n fa ircolli had a few pockets from the former county in n / . to I lion, and which have found buyers, at frog , ' rie s f i l per cwt. The trade is extremely heavy, an d 1:1 130.n, barely supported. The duty has advanced it a d P, Weald of Kent pockets, 61 4s to 61 12$ i 4 "; so ditto, 714 s to 91 16s ; East Kent ditto, 71 ' 61 1 ' Choice ditto, 10/ to Il I Is; Sussex ditto, 61 to Mid Kent bags, 71 to 6155.. WOOL, MARKET tec kg Further additions have been again m ade toy he ° pie of Colon'al Wool in London, the importe_ i t l i n 1,8 0 ! South Wales during the wet.k having amounts E - r otbe' bales, Os' Foreign Wools the arrivals have beer i w g viz., 600 bales. No public sales are $51,141K flounced, but auctions are looked forward t° middle or latter end of the present month. ' t his 011 ' wool the demand has ruled rather inactive sloe / ". o reig n se'nnight, yet prices- have been supported. ' I, e lf' Wool has also been .. 'i slow sale ; but in Coloieoing, cially in the finest qualities, a larger business is d • 1$ 1( TA t•ZOIAT M d $ This market continues firm, and the demon ( 0 S‘• one for the time of year. The last arrivals ; e l ' te ore Petersburgh brought us rather easier prices , tv i i - ttai inclination on the part of the Russians to se": t as F - A the 20th of August, the shipments were 10,0 0 °, ° , - ; tebv't than last year ; and of the quantity already "I s i berA to Great Britain, there is only about half the nu 4 00 casks to the same period last year. Town Tallow to 41s, nett cash. ---- BIRTHS. "d ig CPI , At Boones-place, Plymouth, the lady of Csl3-.-- e st, Frederick Havelock, of her Majesty's 53d BIS" - 0 daughter. • vet 1 On the 24th ult., at Paris, the Marquise de A 13411141' ri lliv a son. On the 26th ult., the wife of Alexander Allwl' st D 3 11.3 ' wic O k-terrace, Hacney road, of a son. n the 28th ult., at Heath-lane Lodge, Twickenb3°: ' dv 0 N. Ogle, of a daughter. i tbe . 3 1 1 1- On the 28th ult., at Wing Rectory, Rutlan_u , N s tive Major H. M. Graves, 16th Regiment of Ben g *. les C s: ' fant, of a son , still-bon. i „,i,, f eh ° On the 29th uIL, at r .--v Brighton, the .. ° f Ted" penter, Esq., of a son. r EK'' °- On the 29th ult., the lady of W. A. V 3ll°° ' dington House, Middlesex, of a daughter . Pt°f. Ith i. let A RRIE D. dbf t h On the 31st ult., at St. M Martin's-i n -the-Fie . gr efill' ae r T. F. Stookes, Adam Bittleston, Esq., of thf i L li n e ° 1 of Fr i-- Rebecca Ann, eldest dau g ht er o f Mr. G. ll - '"- street, to the City of London. _.__ 1 . mi O ng n i t ia h m e , 2 a 7 g tl e i d u 6 l 6 t.., Edwar D d l J E on li es . , EICI'v 31°5e1Y-stree' rel; of O th ► t i l a te te 2r u t , lt ,se u s lt i ., v ik e l s rs. t, Sarah Neat, ' i Samuel On the 28th ult.. At Greenhite, Kent, Col °sP Dales. K.H., aged 84. 0 Crole• 1111 the 30th ult., Ann, the wife of Mr. VV. %/_,,,' - 14 4 At Erith, Kent, James Page, sen., o Esq: e a r g nv ' ergistree: - ------' MONTHLY MILITARY OBlTUillic Col' Lieutensnt- . Lieutenant-General—Lord Keane, G.C.8. , Cl' G or 1 1,:i ieutenant-Colonel—J. A. M. Skerret, local ran l ‘:-.. Sel'' Ipitrlitp,:'Lillll.:ti.r:l:-Cf C:' ll !n u i d i). ei s n er h y ..p ; . J7.Lji.nAendßearstto.n,Gicer..uL.,eigdo ti of 10 , no sor. 'wen' Captains—Eliot, 4 Drag Guards; Evatt, 6 2 F . ; litig Adj. to Glainorgan Mil. h.p. 77 F.; Travers, ltecr, u j.,i e , bP' F.. 1. Comp. Cork; Logan, late 9IL Vet. Batt. ;. 3 '''',„ 11.1'' R. Mar. ; De Schade, h.p. Art. Ger. Leg. ; l I PP u " .' Eng. do, 0 J; Lieutenants—Montgomery, 13 F., on Pas'a"- ta e alle" -er 11 ' " Eng l g Shakespear, 49 F. ; Snewbridge h.p. 60 . ; - -- 4 F, ;, : h•P• 5 Line Batt. Ger. Leg • Alex. Brown, hp' lolati" Cart, h D. 84 F.. and Bartack .' Ma=ter at Newcastle, J. Crowe, hp. 2 Garr. Batt.; De Furer, h.p. d 15 1 c Second Lieutenant ,, , Cornet. and Ensigns—lrizS6r j a o, 2 / • sar. : c: , !,, ar . 94 F. Waite (Adj ). 94 F. ; ly "' !t ::, !!,.. ,',n•l Rif Reg.; Colie, h.p• 60 F . ~. I d l e' from Chino' R. \ et. Baia. 4; I,*idiel' ,nrion! end etiblislicA try Sr.. • '• 1112, , - Printer, at fr . - 0 :_-,ranti, crecinet of the , a;oy. 404, "f 7 -, Middlaexi Tuesday, September 3, 1844. gi" b qr Su it s e lite pc,