The Sun. — London, England, 1850-06-22 00:00:00

LAW INTELLIGENCE. • ViRT OF QUEEN'S BENCH, Ant 21. ' tti11 1.7, 3 sit Nisi Prius, at, AV , :stminster, LA',foro Lord Chief Justice CAMPBELL and a Special Jury.) this • DUKE OF BRUNSWICK v. HARMER. 1114 was an action brought by the plaintiff against ,1 defendant, one of the regise:red proprietors of this fir an alleged-libel. lie puke of 13runSwiele conducted his own case in :°°, and Mr. Harmer, the defendant, was ably repre ted by Sir F. Thesiger and Mr. Martin. Th e subject-matter - of the alleged libel was a lea din g I ttel • 4 s which appeared in this journal on the 28 th J une, 9 + commenting on a trial in this court, a few days 'hs l y, of an action fit an lleged libel brought by J k ~present pl'iatifi against the proprietor of the We ekl y p atch, palm of - Bnueswicie, in a long address which he te the jury, receun e the circumstances under kj i l he hail thimeht it his duty, in June last year. to e it ,ate leeal proceedings against the proprietor of the k , 4 ' 1 9 DisplOt. fel- articles which appeared in that . 1 1 : 4 1 s long teen as September, 1830, nineteen years hi r e the trial. Those articles, which the Duke come t t ti 'd were libellous, were of cinsiderehla length. stat vattion„,e other things, that lie (lie Duke of Bruns '4') had - been expelled from his dominions be c ause kt as a tyrant, airs had outraged the feelings of his sub that he had t , arnple lon the laws and been guilty 'her act s , which had so much incensed and irritated s a libjeets, that they had expelled him from his duke all burned his palace. The libel of which he now ~P, t ined was an article written in this jeurnal in re sl4,eB to the trial against the Weekly Dispatch, and 4 f ,ri he alleged repeated and exseeerated the hs matter contained in the Dispatch, in re id dof which he last year obtained a verdict eonsiderahle amount of ciam4ges. We give a con ihion.g Sentence or two from the article in question, on ttbunthe has strongly insisted •as, is il o era3 hae Consequently hut little reason to congrh us teeeeself upon his more than questionable success on espeithellise'eir4 that the verdict is one ob i through 'evidence as Teotten and fraudulent as okoMise its , ultimate e seversal. Unless he may 11,' 8°I iciteus to proceed as upon a rather profit aPeculation, in his attacks upon the liberty of h l : 4l ism, we Would suggest to the Duke of Brunswick Vtcpriety of Withdrawing into his own natural and ipk"r obscurity.!' 'ln the. course of his address the sof 13rUnswick threw, out 'an insinuation tbat the i t T;"aet had been tictuted e in the transactions before I l ourt, ht a wish to extort money from the plaintiff, T h e shape " hush money." aDuke called : as a witews one John Reen, whO. uecl...binaaelf ; aq " associated with theatricals and ItAPP O rs slightly," and was about to ask him what kthPetration he. put upOn the article alleged to be li-• when ti h ° C'emenet.t., ref asedta alloW such evidence to be ) ts'seising that the jury were capable of forming their uPon tl,e article in question. L' o 'e hike a,ked hie - Lordship to reserve the point , but k 1 4 ,1 CAMPBELL said einphatiCally—No, I will reserve ka;',Fa POint; in my opiniop it is clear law that such a 1 , 1 !_ 101 1 should not. be put. , alleged libel was then put in and read, and that t he ease for the plaintiff e At I, . : Tnesicrit then addressed the jury for the de -111044.. Ale said it frequently happened that persons I‘l .l s Peareci, without assistance •to conduct. their own t ° courts of- ;juseice were under some disadvantage , bit ing to contend 'against those who habitually and 4sionally discharged that' .public duty. But he ht the jury would be of-opinion, after what he must t he exhibition that 'day on the part of the Duke of 113 'Ivielc, that at9ll eventswith reference to him no s 4 ' tl itadvantage existed, but that, on the contrary, Ile ysOd and bad 'availed 'himself of peculiar advan- I, Which placed'him' (Sir F. Thesiger), as the advo . ,'t t i, tc) r the defendant, in a difficult and embarrassin g . The Duke of Brunswick was not un 4,'utleed to courts of justice, or uninstruct ed ICat he (Sir F. Thesiger) should call the arts of an ti: l ; 4 te; but he had, besides the natural and acqu i red !ottages which he possessed; the advice of the profes -1 Person. who prepared for him the elaborate ad- With which the. Duke 9f Brunswick had introduced mdse jury, and in which a variety of matters 11, 11 7 irrelevant, and 'assailing the characters of indiva- Vet before the Court, and who had no opportunity %tiding themselves, had been introduced in aman- Iti t ll Nctliated to' defeat the unprejudicial consideration Now, if he (Sir F. Thesiger) bad had the ; 11 f ortune to have been opposed on the present occti tta 1 4 . any one 'Of' his Learned Friends who li at near hina,' they would have understood se ' Were . the. rules they would have ,had where to;, and would have known . that "54113' question which the jury had then to decide fi t ', be whether the article in question was published iire 'defendant, and whether, if published, it was .8 i t i i ° ll the plaintiff; and, out. of respect and deference . tt as ! Court, and to 'the rules of proceeding on this ktse l°l ; they would molt carefully have abstained from lop 4 c(ng .that irrelevant ,matter, or anything which kti; 4:l oeproeerly -ei:sseili the characters of individuals pr epared Court.' But the - Duke of Brunswick, in ,tePered speech which, he had read tti the jury, the !IplPPearanee of which showed it must have been the of deliheration, besides attacking the characters of the Royal Family—by insinuations, had yet proper to use expre.,si,ns with regard to the de•• Mr. Harmer, which, considering that the Duke i tti qore the Court complaining of a libel upon his per keand not his' political character, one would have ke i sat he would have abstained from. The jury might, 01 4 , 4 0 ; remember that the Duke h ad thou g ht p ro p er Ness them at some length on the subject of the i 'i%! against him in the case of the ne ws p a p ers called fit' Era and . the. Satirist, and ho had chosen to cl,, 4 te—,antl, properly to designate them — as low V_leckguard publications. But, not content with be had chosen to describe Mr. Harmer as a worthy lith 2B ni of Mr. Bernerd Gregory, who was the editor Satirist. aril he had spoken of the guilty soul of killare aer , which must have gloated - upon the libels N hi e ,alurenies which he had published against the i'ft . 'Now, he (Sir F. Thesiger) would take, the tte `Y, , ef,saying that, supposing the Duke of BrunswiCk itsh \ l itought proper, in consequence of a libel of this de - Vic% havine been published against hie), to apply to 4clltt of I.l,ueen'e Beeich, as be might, for a criminal Itp t massed, in' which application he; would have the act. S I , / ,Re of offering his. own oath in refutation of the N'es'Preff'rod qgttinst him, it it had turned out that 1 4tC h _,alte BrenSwick had maligned the character of ktly'aividul'atetinA whom he was applying, if he had used Itbeauch expressions as these ,which he had thought iy,t'dellboratelYe to Use against Mr. Harmer that day, I tt`,.:Jir F. Teesiget)_would ventur.e. to say that that , 11 t1 ) ; 11 the part of the Peke of Brunswick would have S'„ v 'd him of his right to the interposition of the in that way, and ha would have been dismiss ed to Itti - "Jittary remedy at law, either by indictment or by Now, the Duke in this ael w ion as in the l o iPetition with regard to the question t..f damag es e tts: jarY es he would have 'been under the circum- N e s tif au application such as that which h e ( Sir F. R-I bd'ter) had suggested, and the question for the j ur y S -e'de as to the amount of damages, if any, which awarhlagainst f the defendant, must necessa et't'd. ' properly. bo considerably influenced by the N D i' which the Duke had thought proper to 41 the ,present occasien; and he (Sir F. Thesiger) dk 4 g 6 t h e wa s entitled, - by the way, to state that he o e me ., On behalf of Mr. Harmer, their protection for ‘lt o ;;'aervetions which the Duke had thought proper to ,N1 ( - •,' against' him at the very moment when he was his complaint, and urging at thi hands da- N,` 3 against Mr. Harmer. But this case e , r he (Sir F. , t iger) was afraid, feoin the statements that had been lk t e t to them, was not at present thoroughly understood; l ' e N ile 3 7 would naturally suppose, he though t, t ha t the y 'r eek icere to consider the effect of those articles in the t e Dispatch, which had been read to them at suc h tt by- the Duke, and commented upon by him, and t ea al 3, me.ges were to be awarded with reference to % articles as well as to the article in the Evening Sun. Si' without explanation, would naturally have igkt - lar granted from the statements made to them o 'at was the nature of the case on which they ,` l Ol l form judgment. New that was the real ques . - ,''itt l i tl hd the mode in which that question must be leeiti eNt:l considered by them. It appeared from the ad oNs' statements in the declaration that the Duke of commenced an action against Mr. Harmer, ~.4 4 1;91) C ietpi of the,Weetly Dispatch, - for various alleged 7ati r ,la that paper, bile, et them—and he prayed. he at °l.lqs'n of the jury to that 7 —having appeared in the tlCail of that newspaper.so long ago as the 19th Sep % b a r, 1830, nineteen years before the time of the trial. tt ,t action, as wept:eared, the statute of limitations ,ptt eaded in respect of the alleged libel of the 19 th Llta.,; lll „ber, 1830. ' It was necessary for the Duke to 71tV ih `ne puhliCatian cf that libel of the 19 th Septem ber 9thsix years; 'if he failed to do so the libel of the - I t l et ',Ptember, 1830ewas to be put aside entirely and l de a b 0 taken into account by the jury in estimating lh Thy o f damages which they would award; and 'l l l reliantiable anti:j ust that fit should be . so. Duke of BRUNSWICK (interrupting)—That is not , ley Lord:l • . • h'• TUEsICEit said, it appeared on the declarati on, "114 Was showing what was the nature of the a ction 1 45r , t he jury had to decide. • 4 "•CaatPuELL (to the Duke of Brunswic k ) —The s ( q Counsel is quiteresumed. The jury in that ttitr in order in what he says . • - on • TIIESIGEtt. ; gave a Verdict' for 5 0 0/. damages. lie (Sir F. Utsi a er ...er) would call their attention now to the tl.ti o articles w hich, were stated in the elainiff's deela -I.`reeZ this . actiOn, which were published in the ' 4 4 9 -I) inPile4 ; and he would venture co nfidentl y to 11 4 bt t hat if tlicsi. Lrticles et' the date of 1847 and 1848 l ‘ a l / 4 1, 11 4 0 the mi le atticies of which complaint had been t e leil tainst Mr.llarener on that occasion, that those wo uld o tl ew • " 0 1' perfectly lustitl.ib'e and fair, and legitimate . ▪ I tit 00 the public confine, of the Duke of Bruns `Ltteet,il a ndthat, no jury would for one moment ever have 4 1te t • . 4 ' l le giving verdict against journalist in respect lteti elt) , 1 0 es cif tra i t description. But with regard to the t ilk of • itie the 19 t h o f September, 1830, there were un- Pahii..'n'thly charges there which not only assailed the but • the - private character of the Duko 41 4 r u" , vick, and with regard, therefore, to t wite g A tk Portion of the complaint which the Duke ike tte suPporing the ,jury were called oil to give the were entitled to give damages as fur a 'at _Pubileation, of that libel, and for an injury which t 24 th e ant rerculation ot that libel was calculated to have rate bo rt - In:na ion f the Duke, most unquestionably they "ilk ki give damages, and perhaps damages to the Which they went on that occasion. But this ,7 ,149 ,685 ,572 table miral nsford se of Good, L from royal ;hton, )f the roven igh ton be y left doing emist, ig out hat a eemed o Mr. him a e gen e him ccord ,agged ent of usual sn last borate erman carious ierican ilities• ane nt, fr With ted at w hich roubb t nether peroe! earkee xprev luenee 3earchp h e loot ieute' u glers , ) caul )roPe r ,id the Lo rd Lor . , 3 Clo i I dsoin e ;:ircuit, prentr don's° lein en of We daY kshire 'horo aa :oopert wa ger ercK' a ges 3 of the ra Bsq ' 13utter u t e h a d ;pd avoid t wo. 6 prec' ;at Pet" rating utmos t :future r dies• ninable tenlP.°' sk got or' ; round• &c• geter) 3 Of es inclies (fie f a a Lill' 277 i. yper' Lee da a bitch )II f. yche IfWo e° Lad b° . _. _• ~, , THE (SUN, LONDON , SATURDAY 1 EVENING, JUNE, r 2 2, ,1850. no court of justice could restrain that-free expression of public opinion which a public journalist had a right to pronounce on the conduct of a public man. Why it was obvious that in the whole of the article reference was made to the refuge which had been afforded by England to exiles of various characters and positions, who came from time to time to our shores, and fund' sufficient and ample protection under our pia sent case bad been prepared with very great adroitness and net of course by his Highness himself, but rather, he (Sir F. Thesiger) might say, by his " Lowness," t',e attorney who was advising him in the present action.--(A. laugh.) The attorney had thought proper is leave out of the present declaration a mo , t important part cf that art , clc of which he com plained as a libel that day, and for a reason which he (Sir F. Thesiger) thought would be obvious to the jury. Now let the jury observe the passages which had been carefully excluded from the complaint which the Duke made before them that day, and which had been read as part of the article in question. It said— " After a lapse of 110 less than ninetf en years that article is produced in a court of justice as sufficiently libellous to enable the plaintiff to obtain compensation." Now he came to that part of this article which it had been thought proper to discard and omit from the pre sent declaration, which was as follows: " As to the obstacle presented against such a decision by the Statute of Limitations, it will be observed that that was peremptorily overcome by the evidence given by a witness named Casimir Reinhold, who swore dis tinctly to having purchased, in the March of 1848, a copy of the paper printed in the September of 1830 — thereby asserting the fact of a recent publication. It will scarcely cause any astonishment to learn that mea sures will be adopted by the defendant for the purpose of setting aside the verdict, when it is known that not only can the circumstance of a republication in 1848 be disproved, but conclusive testimony can be afforded that one of the most important witnesses on behalf of the plaintiff on a former occasion tendered his services to the defendant as one ready to appear in court against the ex-Duke of Brunswick for a consideration. When these things have been exposed there c annot r emain a moment's e 'cloubt as to the ulterior decision of the judi cial authorities." And so careful was any allusion to the Statute of Limita tions and perjured witness excluded upon the present oc casion, that almost towards the end, if the jury would look at the article, there were these words—" His High ness has consequently but little reason to congratulate himself upon his more than questionable success on Tuesday." Now the words he should next read had been omitted—" Especially seeing that the verdict is one obtained through evidence so rotten and fraudulent as to promise its ultimate reversal." Now let the jury just ob serve the consequence of excluding that portion of thearticle from the complaint of the Duke of Brunswick before you to-day, for if it had been inserted in the declara tion, as be thought it ought, as there was no reason why it should be excluded, it would have been competent for the defendant to-have pleaded in justification that the Statute of Limitations was pleaded to that portion of the libel which related to the 19th of September, 1830—that there was a witness who did swear distinctly to having purchased in the month of March, 1848, a' copy of the paper which was printed and published in 1830, thereby giving the libel the effect of a republication. Now, he might have alleged on the part of the defendant that that which was stated in the article was true. Indeed they could not hesitate for a moment at believing that it would have been proved, for an application had been made to the Court on that subject. The Duke of Bnuerswicx—You must prove that. Sir F. THESIGER said his Highness need not be afraid he would prove it; and be should have proved that the verdict was obtained through evidence so rotten and fraudulent, as to promise its ultimate reversal. The Duke of Bnueswecie again protested against this mode of argument. Sir F. THESIGER insisted that he was clearly entitled to observe upon the omission of this portion of the article. Lord CAMPBELL said the Learned Counsel was ea titled to assume such a case, to show the jury what would have been the effect of it. The Duke of Brunswick said that would not contra dict him, nor explain the conduct of the defendant. Sir F. THESIGER continued—Now, supposing as he head a right to do, that in a case of this description the libel complained of was published on the 19th of Sep tember, 1830, and the case was brought on for trial be fore the jury in the year 1849—suppose the Statute of Limitations had been pleaded, and suppose, for the pur pose of obviating the effect of the Statute of Limitations, false and perjured testimony had been produced in order to prove a recent publication—suppose those circum stances—why, if the jury, under those circumstances, had been deceived into giving and awarding damages in respect of a publication of that description, namely, at the recent period, instead of looking to the publica don of the 19th September, 1830, which would have been excluded under the issue between the parties, might not persons, and particularly public journalists, who were deeply interested in being protected against at tacks of this description in courts of justice, be naturally alarmed and naturally indignant at the perversion of justice which had been accomplished by mean of that description? and were not some allowances to be made for those who wore smarting under a sense of injustice of, this nature, and were they to be required to be particularly cautious and guarded" in the language which . they apply to circumstances such as that which he had just. described. But ,it was alleged by the Duke of Brunswick that Mr. Harmer, whom he describes as a worthy successor of Barnard Gregory, and whose guilty soul was to be gratified by these attacks upon him (the Duke) took the opportunity after that verdict was pronounced of inserting this article against him for the express purpose of gratifying his malignity. Now he would show the jury that Mr. Harmer had no more to do with this publication than one of themselves. Mr. Harmer had nothing whatever to do with it, nor had he any thing to do with the publication of the news paper in question, either directly or indirectly. He did not interfere at all with it; and therefore to attribute to the malignity of Mr. Harmer the publication which the Duke had spoken of in such strong terms, in which he had chosen to calumniate that gentleman by assuming him to be the author of the article in question, was wholly untrue and unjust. Mr. Harmer bad no sort of interest whatever in it, and had been no party to the in sertion of that article. Then it might be said it would be hard upon the Duke, who had fuucd Mr. Harmer to be one of the registered proprietors of the newspaper, if on the ground he had stated his claim was to be defeated. Why, undoubtedly, if Mr. Harmer had been registered as sole proprietor of this newspaper it would been very differeat; but here was Mr. Murdo Young, who had the actual and principal interest in the newspaper, who was the registered proprietor, and who was answer able bylaw for the article iu question—although he him self might not have written it—for its being inserted in the newspaper. Nay, the plaintiff has commenced an action against Mr. Young, as he would prove, for this very libel, and delivered a declaration against him in the case. Now, wider these circumstances, how can the Duke call upon them to award da mages against Mr. Harmer in respect of a libel to which he ras no more a party, or no more privy, than any one of yourselves. Now, under tbese circum stances, he did trust that be should find himself success ful in defending this case, if not in point of law, at all events by the verdict of the jury, supposing they were called upon to give one, and the smallness of the da mages which they would accord—because, if the de fendant was, as he should satisfy them, morally innocent of any participation in the publication of this article, when the Dube, of Brunswick thought proper to assail another individual than the one really liable, to obtain damages against him, for the identical article, be apprehended they would take care, notwith standing he was the proper party to be brought within the letter of the law under ,the Act of Parliament, which was a matter for .his Lordship to decide, to observe that at all events he stood before them in a totally different position from one, who, to gratify some private malignity, or some feeling of his own, had chosen to assail another in such an ar ticle as this. Now, under these circumstances, he did not consider that it was necessary to detain the jury at any length by adverting to the different passages of this publication, of which the Duke of Brunswick complains, because they would naturally remark, that inasmuch as Mr.llarmer said he was morally innocent, if legally guilty of the publication, it would be rather inconsistent perhaps if he were to dwell at any length upon the effect of this publication upon the character of the Duke of Brunswick, but still it was necessary that he should ad dress a few remarks to them—and they should be but a very few—in anse er to the observations which had been prepared for the Duke of Brunswick to present to them with respect to the grounds upon which an action of this kind according to his view ought to be decided by the law. Now the Duke of Brunswick, from his birth and position, had become a public character, and had been placed .high above other persons. He did not mean to say, because a person was so situated—because he reigned as sovereign over a great number of subjects—that any public journalist had anyright to assail his private character, unconnected with his political capacity; but he did maintain, and always had maintained, the right of every public journal, on every matter in which the political and private character of an iudividual was so mixed up and blended together, that his private character, and acts done as a private man, re flected on his public and political character, to fairly and truthfully and honestly, assail the conduct of such a person so circumstanced —to express disapprobation of his conduct, if it be deserving of disapprobation, and to do so in most unmeasured and strong terms if necessary. Now, with regard to the present libel, he would venture to say, that if carefully considered not one word of it could be construed into any attack on the private cha racter of the Duke of Brunswick unconnected .with his public and political character. They would recollect that he came to this country as an exile from his native laud ; he had been removed from his throne, and he now alleged that the Royal Family of England had endeavoured in every possible way to prevent his restoration to his kingdom, and to• deprive him of the property to which he was entitled. It was perfectly clear, therefore, from the feeling entertained by that family, with regard to the character and conduct of the Duke, that they considered he had no claim on them in respect to the relation which existed between them. The Duke of BRUNSWICK was understood to object to the line of argument pursued by the Learned Counsel. Sir FREDERICK THESIGER continued—That was an exemplification of the difficulties in which an advocate was sometimes placed. If any of his Learned Friends had stip, ared as counsel for the plaintiff, they would have abstained from makin g any reference to the sub ject, and therefore he (Sir F. Thesiger) would, in that case, have had no right to make the observations which he was then addressing to the Court; but the Duke of Bruns wick bad thought proper to introduce irrevelant matters in order to make out a stronger case for compensation in respect of the present libel, and would have all the advantage to be derived from such matters, and yet would deprtve him of an opportunity of entering into an explanation of the circumstances on which he so relied. The Learned Counsel then adverted to the different passages of the libel most relied upon by the plaintiff, and contended that they applied wholly and entitely to the political and not to the private character of the Duke. If, therefore, he had been expelled from his throne, and a public journalist considered that such expulsion resulted from the proceedings of his outraged and insulted subjects, he had a right to desig nate the Duke of Brunswick as a political criminal; and laws— " The objects of execration find themselves as freely admitted to participate in the advantages afforded by our institutions as the men entitled to general sympathy and reverence. Whether it be with a view to assuage the griefs of the latter by commiseration, or to facilitate the expiation of the guilt of the former by affording them an opportunity of repentance, certain it is that Great Britain is accessible . at all times to the political victim and the political criminal, irrespective of all creeds, of all countries, of all coluurr, of all politics, of all antipathies. anti of all predilections. Red Republicans and Conservative aristocrats, each find in England refuge from the pursuit of difficulties." Now, might he not venture to say that a sovereign who neglected his duty, who aroused the indignation of his subjects, and trampled on their liberties, and who was hurled by them from his throve, was a person whom they might justly style as object of execration ; because the higher he was placed the more important and exten sive duties he had to discharge, and the greater the crime if he neglected and violated those duties. The Learned Counsel then read other portions of the alleged libel, which stated that though the Count de Neuilly and Don Miguel, and various other political refugees in this country had been assailed in strong terms by the public journals, they had never thought proper to seek redress in a court of justice, and then went ou to say that if a monarch was expelled by his subjects over whom he had exercised an arbitrary and tyrannical power, and sought a refuge on our shore , , they (the jury) bad no right to fetter the expression of public opinion in regard to his political conduct , o r to call on journalists to adopt precisely that language which they might think the occasion demanded relative to one who certainly had strong and just claims on the sympathy of the public. It was the forbearing conduct of those individuals to whom he alluded that led to their not appearing before a jury for damages in re spect to the language used by the public journals, because they knew perfectly well that the position in which they were placed rendered them peculiarly objects of attack and abuse. A city set on a high hill could not be hid. They were placed out in bold relief on the face of so ciety by persons who had high and important functions to perform, who had duties of equal extent and obligation imposed upon them by the community; and the Duke of Brunswick sought an occasion to bring an action against the proprietor of a newspaper for an article which merely assailed his public character, and had con trived, by means of evidence, the value of which had been already alluded to, to obtain 5001. damages—most startling* and enormous damages under the circum stances. He would, therefore, entreat them, for the safety and protection of all persons who wielded the pen in the service of the public, to take carefully into their consideration the whole of the libel, and he had no doubt, if they did so, that they would take the same view of the case which be had endeavoured to present to them —that public men were public property, and were objects of fair, just, and strong comment on the part of those whose duty it was to keep the public mind alive with respect to the conduct and proceedings of persons in the situation of the Duke of Brunswick, and who were bound honestly and faithfully and fear lessly to discharge that duty. If Mr. Harmer was to be considered as legally responsible for the article in question, then he would call on them to weigh candidly but guardedly every part of that article, and only to award damages in the event of their thinking that there had been some intention to assail the private character of the Duke uncon nected with his political character, but even in that case they would only give such nominal damages as the law required under the circumstances. But if they thought the public and private character of the Duke of Brunswick were blended and mixed up together, so that a public journalist could not well sepa rate them in alluding to his political character, why then—though the language used might be strong —the writer had not exceeded the fair limits of criticism on a public character, and, therefore, under those cir cumstances, he submitted they could not award damages against Mr. Harmer. Mr. A. R. Steel, the solicitor of the defendant, who proved that the plaintiff had an action of libel pending against Mr. Young, the proprietor of this journal, whose solicitor he (Mr. Steel) was, iu respect of the same article for which he now sought damages from the present defendant. Mr. Young also proved that Mr. Harmer knew nothing whatever of the article in question, and had nothing whatever to do with the management of the paper. Ile (Mr. Young) bad been proprietor of the paper for a period of twenty-five years. Lord CAMPBELL, in summing up the case to the jury s aid this was an action against Mr. James Harmer for an alleged libel states to have been inserted upon his au thority in The Sun newspaper on the 28th June, 1849. That article alleged to be libellous purported to be a commentary on a trial which took place in this court on the 26th June, 1849, when an action was tried, in which the Duke of Brunswick was pliantiff and Mr. James Harmer was defendant, for certain libels alleged to have been published in a newspaper called the Weekly Dispatch, the principal of which ap pearel first on the 19th September, 1830, which was nineteen years be fore the time of the trial. Now, certainly, by the laws of England, it was open to all persons to comment honestly and fairly on the proceedings of courts of justice. It was alleged that tact verdict against the lireekly Dispatch had been obtained by perjured testimony. He (Lord Campbell) thought the better course would have been to abstain from any charge of that sort until the proper period came for applying to the Court of Queen's Bench to set: the verdict aside. The question, however, which he should leave to the jury was, whether they thought the article in question in The Evening Sun was a fair and honest commentary on what took place at the trial to which reference had been made, or whether they thought it was unjustifiable and libellous? The Duke of Brunswick had thrown out some insinuation of Mr. Harmer, the defendant, being guilty of extortion, and wishing to receive " hush money." He (Lord Campbell) must say that that was libellous on the part of the Duke of Bruns wick, for there was not the slightest ground or pretence for saying that there was any such wish or intention on the part of Mr. Harmer. If he bad belonged to that de scription of persons he would have belonged to a descrip tion of persons the most infamous in society, who sought to extort money from persons of a weak and nervous temperament, by trading on their fears through means characterised by wickedness and infamy. He believed that the legislation of late years had had a tendency to put down thole miscreants, and to add greatly to the respectability of the press. He (Lord Campbell) repeated there was net the slightest colour for saying that there was any wish on the part of Mr. Harmer to obtain hush money, or to be guilty of extortion. The Learned Judge then proceeded to read the whole of the article alleged to be libellous, commenting upon it as he pro ceeded. Adverting to the passage which stated the cir cumstancesof the Duke, along with other notable persons, having found an asylum in this country, his Lordship said there was no libel in that; it only stated what was highly commendable to this kingdom, to which he and all pree•ent in court had the happiness to belong. The jury would remember that . a witness was called on the part of the plaintiff to speak to the intepretatinn be would put upon the concluding sentence of the article in question. In his (Lord Campbell's) opinion it was for the jury, and not for any witness, to say what was the meaning of that passage, fur such a witness could be in no better situation to form a right opinion upon the subject than the jury. He (Lord Campbell) confessed, if he had been reading the last sentence in the article, it would never have en tered into his mind that there was any such imputation contained in it as had been hinted at by the plaintiff. He (Lord Campbell) should have read it without having the slightest notion of any such imputation. If such was the meaning of it, certainly it con tained a very serious charge, and would require serious damages; but before they could award such damages the jury would be fully convinced in their own minds that such was the meaning of the passage. His Lordship said in conclusion, with strongly marked emphasis— " Gentlemen, you will take the paper into your hands, and you will say what is the fair meaning of the sen tences charged as libels. I must again say that you can form an opinion quite as welt as I can on this sub ject, but I certainly never should have dreamt of their intending any such imputation as has been hinted at by the plaintiff. With respect to the language used, it certainly is severe; and it is for you to say whether it can be considered as a fair and honest com mentary upon the trial. If you come to the conclusion that it is not, then it will be for you to find a verdict for the plaintiff, with such damages as you may think pro per to give. But I mast say, in justice to the defendant, that the imputation which the plaintiff himself delibe rately cast on, the defendant of being guilty of extortion, and of dealing in hush money, ought to go, in my mind, to diminish the amount of damages." The jury after scarcely a minute's consultation gave a verdict for the plaintiff—Damages, ONE SHILLING. The verdict was received with audible expressions of dense throughout the crowded court. The following elegant impromptu, addressed by M. Scribe to Count Rossi, has appeared in the Gazette des Theatres, in an article which records the unprecedented suc• cess of La Tempests :- A MONSIEUR LE COMTE ROSSI. " C'est toi sera qui pouvais enchainer dans son vol Ce Rossignol divin qui nous charme i l'entendre, Car de tout temps Ross i, chacun doit le comprendre, Fat la moitie de Rossignol. EUGENE SCRIBE." Of course it is impossible really to translate this, as the Calembourg will not be torn from the language, which is its native soil, but a semi-Gallic attempt may be admissible. "Thou in her flight could'st fetter—thou alone, — That nightingale which charms the inmost soul ; Rossi has ever been—to all 'tis known — The half of Rossignol." Hal6vy- having requested the great basso's autograph for his album, Lablache immediately wrote the following : " Quanto dalle altre varia I)' Alevy la Tempesta ' • Quelle van plover grancline, Oro fa pioverquesta. L. LAILACILE " The thunders of Halevy are From other tempests different far— Hail only threatens us from those : From his the gold in torrent Rowe." I , itton FRANCE. We find the following in the Saint Public of Lyons of the lfjth :—" M. de Lamartine passed through our city yesterday en route for Smyrna. In order, doubtless, to avoid any demonstration, he had in formed no one of his arrival, except some privileged friends. About eleven o'clock he left the hotel by a door which opens on to the Quei du Rhone, and em barked on board a steam-boat which was to convey him to the South. The delicate state of his health and his appearance of suffering made a deep impression on all who had an opportunity of speaking to him. The permanent confusion of political affairs, those inces santly renewed turns of fortune through which he has passed, have effected a' great change in him ; never theless his eyes retain all their usual fire and even vivacity." PORTSMOUTH, JUNE 21.—The Birkenhead steam troop friga .. .e, Commander .1. A. Stevens, arrived from Lisbon, whence she sailed on the 16th after revictual ling Commodore Martin's squadron. The Thetis, 40, Captain Uodrington, is coming home to be paid off at Devonporr. The Royal yacht Victoria and Albert, Captain Lord Adolphus Fitzclarence, G.C.H., goes out of harbour to-morrow prior to starting for Gibraltar. The Retribution steam-frigate is daily expected here to accompany the yacht in her foreign trip. The Birkenhead came into harbour to-day. PLYMOUTH, JUNE 21.—A Government express reached Devonport on Wednesday evening, and on Thursday morning Commodore Lord John Hay, Super int':ndent of the dockyard, left for London by the fast train. Lord John was member of the Board of Admi ralty p:eviuus to entering upon his present duties in January. The steam ship Salamander was on Wednesday towed by the Contiance to the shear hulk to take on board jury gear fur the Bacchus lazaret, at Liverpool, for which port she sails to-morrow with Mr. Davey, second. master attendant, and a party of seamen and riggers, who take the Bacchus to Pembroke. The Diligence transport sailed on Wednesday for Deptford. The Wizard 10-gun brig will bu taken out of dock on Monday. The packet brig Penguin, Lieutenant-Commander W. Leslie, will go out of harbour to-morrow. The Polyphemus steam-vessel is ordered hero from Woolwich to take the July mails to Africa, touching at Madeira. _ _ _ In honour of her Majesty's accession all the ships in port were yesterday decorated with fisgs, the Royal Standard was hoisted at the public departments, and colours exhibited at a great number of private esta blishments, and at 12 o'clock a royal salute was fired. Mr. Edye, master shipwright, and Mr. Henderson, master attendant, aro in London, consulting on the dis position of the new basin and docks in the yard. Letters have been received here from the Herald and Plover, exploring ships, sent in search of Sir John Franklin, but they contain no accounts of the missing navigator. The Herald left Callao on the 25th of March for the Sandwich Islands. Wind Westerly; light. PARLIAMENTARY DIVISIONS. From the Votes and Proceedings of the House of Co►nmons.) FRIDAY, JUN! 21. SUPPLY. Order for Committee read; Motion made, and Question proposed, " That Mr. Speaker do now leave the Chair :" Amendment proposed, to leave out from the word " That" to the end of the Question, is order to add the words " an humble Address be presented .to her Majesty, praying that she will be graciously pleased to direct that such a modifica tion of the system of National Education in Ireland may be made as may remove the conscientious objections which a large proportion of the Clergy and Laity of the Established Church entertain to that system as at present carried into operation ; or otherwise, that means may be taken to enable those of the Clergy and Laity of the Established Church, who entertain such conscientious objections, to extend the blessings of Scriptural Education in Ireland," instead thereof : Question put, " That the words proposed to be left out stand part of the Question." The House divided : MAJORITY—AYES, 225. Abdy, Sir Thomas Freestun, Colonel Ord, William Acland, Sir T. D. Glyn, George Carr Osborne,llialph Adair, Hugh E. Goddard, A. L. Paget,;Lord A. Adair, R. A. Grace, 0. D. 77' Palmerston, Vis. Aglionby, H. A. , Graham, Sir James Parker, John Armstrong, Sir A. Granger, T. C. Patten, W. Baines, M. T. Greene, John Pearson, Charles Baring. Sir F. Grenfell, C. Pascoe Pechell, Sir G. Barnard, Edward G. Grenfell, Charles W. Peel, Sir Robert Bass, Thomas Grey, Sir G. Peel, Frederick Berkeley, Admiral Grey, it, W. Pelham, lion. D. A. Berkeley, Henry F. Grosvenor, Lord R. Perfect, R. Berkeley, C. L. G. Guest, Sir John Peto, Samuel Bernal, Ralph Hall, Sir B. Pigott, Francis Birch, Sir T. Hanmer, Sir J. Pilkington, James Blackall, S. W. Harris, Richard Pugh. David' Blake, M. J. nestle, Archibald Pusey, Philip Bouverie, E. P. Hatchell, John Rawdon, Colonel Boyle, Colonel Hawes, Benjamin Repton, G. W. Brand, Thomas Hayter, W. G. Reynolds, John Bright, John Headlam, Thomas Ricardo, J. L. Brockman, E. D. Heneage, G. H. W. Ricardo, Osman Brotherton, J. Heneage, E. Rich, Henry Brown, W. Herbert, Sydney Robartes, T. J. A. Browne. R. D. Heywood, James Rocke, E. B. Burke, Sir T. J. Hobhouse, Sir John Romilly, Colonel Campbell, W. F. Hobhouse, T. B. Romilly, Sir John Cardwell, E. Hollond, Robert Russell, Lord John Carter, J. B. Howard, Lord E. Russell, E. Caulfeild, J.M. Howard, C. W. Russell, F. C. Cavendish, G. H. Howard, E. G. Salwey, Colonel Cayley, E. S. Howard, P. 11. Sandars, Joseph Childers, J. W. lioward, Sir R. Seymour; Lord Cholmeley, Sir 3r. Hutchins, E. J. Shafto, R. D. Clay, James Jackson, William Shell, R. L. Clay, Sir W. Jervis, Sir John Shelburne, Earl of Clements, Charles Johnstone, Sir J. Sheridan, R. B. Clerk, Sir G. Keating, Robert ; Slaney, Robert A. Clifford, H. M. Kershaw, James Smith, ,Vernon Cobden, Richard Kildare, Marquis Smith, M. Tucker Colebrooke, Sir T. King, P. J. Smith, J. Benjamin Cowper, W. F. Labouchere, Henry Somers, J. P. Craig, Sir W. G. Lascclles, W. S. Somerville, Sir W. Crawford, W. S. Lemon, Sir C. Spearman, 11. J. Crowder, R. B. Lennard, T. B. Stanley, E. H. Da . rymple, Captain Lewis, Sir T. Stansfield, W. R, C. Hamer, Celonel Lewis, G. C. Stanton, W. 11. Davie, Sir Ii Littleton, E. R. Strickland, Sir G. Dawson, T. V. Locke, Joseph Stuart, Lord D. Denison, J. E. Lushington, CharleS Stuart, Lord J. D'Eyncourt, T. Mackie, John Sullivan, Michael Douglas, Sir C. M'Gregor, John Sutton, II M Duff, George Mahon, Lord Talbot, C. R. Duke, Sir James Marshall, William Talbot, J. 11. Duncan, Lord Martin, Samuel Tenison, E. K. Duncan, George Matheson, James Thicknesse, R.:A.. Dinidas, Admiral Matheson, Colonel Thompson, Colonel Dundas, Sir David Manic, Fox Thornely, Thomas Dunne, Colonel Melgund. Viscount Townley, John Ebrington, Lord Milner, W. M. Townshend. Captain Ellis, John Milton, Viscount Tufnell, Henry Elliot, J. E. Mitchell, T. A. Vivian, J. 11. Enfield, Lord Moffatt, George Wahnsley, Sir J. Euston, Earl Molesworth, Sir W. Wellesley, Lord C. Evans, J. Monsell, William Westhead, J. B. Ew.art, William Morris, David Willcox, Brodie Fagan, William Mostyn, E. M. Williams, John Ferguson, Colonel Mowatt, Francis Wilson, James Ferguson, Sir R. Mulgrave, Earl Wodehouse, E. Fitzwilliam, G. W. Muntz, G. F. Wood, Sir Charles Foley, J. 11. Norreys, Lord Wood, W. P. Forster, Mathew O'Connell, Maurice Wrightson, W.B. Fortescue, Chichester O'Connell, M. J. Wyvill, Marrnaduke Fortescue, J. W. O'Connor, Feargus TELLERS. Fox, R. M. O'Flaherty, Anthony Hill, Lord M. Fox, W. J. Ogle, S. C. Bellew, K. M. MINORITY-NOES, 142. Fellowes, E. Miles, William Floyer, John Moody, C. A. Forbes, W. Mullins, J. R. Fox, S. L. Mundy, William Frew en, C. H. Naas, Lord Galway, Viscount Napier, Joseph Gooch, E. S. Neeld, John Gore, W. 0. Newdegate, C. N. Gore, W. ii. 0. Newport, Visct. Granby, Marquis of Newry, Viscount Greenall, Gilbert Noel, G. J. Gwyn„liowel O'Brien, Sir Ludas Hale, R. B. Parke, C. W. Halsey, T. P. Plumptre, J. P. Hamilton, J. H. Richards. Richard Hamilton, Lord C. Seymer, H. K. Harris, Captain Sibthorp, Colonel Heald, James Smyth, Ji hn George Hervey, Lord A. Smollett, A. Hildyard, T. B. T. Somerset, Captain Hill, Lord E. Sotheron, T. Hood, Sir Alexand Spooner, Richard Hope, A. Stafford, A. Ilotham,'Lord Stanford, J. F. Hughes, W. B. Stanley, Edward Inglis, Sir R. Stephenson, Robert Jolliffe, Sir W. H. Stuart, It. Jones, Captain Stuart, J. Ker, Richard Sturt, Henry G. Knightley, Sir C. Taylor, T.E. Knox, Colonel Thompson, Ald. Lacy, Henry C. Thoz hill, G. Law, C. E. Tollemache, John Lennox, Lord A. Trollope, Sir:J. Lennox, Lord G. H. Turner, G. J. Leslie, C. P. Verner, Sir, W. Lewisham, Vie. Vesey, T. Lindsay, Colonel Villiers, F. W. Lockhart, W. Vyse, R. 11. Lowther, Colonel Waddington, H. S. Lowther, Henry Walpole, Spencer Lygon, General Welby, G. E. Mackenzie, W. F. Williams, T. P. Manners, Lord J. Yorke, E. T. March, Earl of Masterman, John TELLERS. Maxwell, Hon. J. P. Hamilton, Geo. A. Meux, Sir H. Beresford, William Miles, P. W. Alexander, N. Archdall, Captain Ashley, Lord Baldock, E. 11. Baldwin, Barry Bankes, G. Bateson, T. Best, John Blackstone, W. Blair, Stephen Boldero, H. George Booth, Sir R. G. Boyd, John Bremridge, Richard Brisco, M. Broadwood, H. Brooke, Lord Brooke, Sir Al Bruce, C. L. C. Buck, Lewis W. Buller, Sir J. Y. Bunbury, W. Burghley, Lord Burrell, Sir C. Burroughes, H. N. Buxton, Sir E. Castlereagh, Vie. Chatterton, Colons Chichester, Lord J. Christopher, R. A. Clive, 11. B. Cobbold, John C. Cole, H. A. Colvile, C. R. Conolly, Thomas Cubitt, William Davies, D. A. S. Disraeli, B. Dod, J. W. Dodd, George Duckworth, Sir J. Duncombe, 0. Duncuft, John Edwards, Henry Egerton, Sir P. Egerton, W. T. Evelyn, W. J. Farnham, E. B. Farrer, James _ COURT-MARTIAL, ROYAL MARINES.-A___ Court, ' Abe sale ofiiis _cemmission,bein - Ang a settler in Canada, martial is about to be assembled at tha head-quarters I June 21 of the Woolwich Division, for the trial of First-Lieu tenant E. P. Usher, for having, in the Royal Marine Barracks at that place, repeatedly struck with his fist and otherwise personally assaulted Second Lieutenant F. R. Newton. BANKRUPTCY SUPERSEDED. William Harris and Henry Harris, paper manufle ,urers, Wrexham, Denbighshire. John Moody, stock manufieturer, Aldersgate-street. BANKRUPTS, Richard Copland, linendraper, Union street, White chapel, to surrender Jua L e 28, at two, and Aug. 12, at twelve, at the Court of 13ankruptcy. Graham, official assignee; Surr and Gribble, Lombard-street. The General Commission, Ship, Loan, and Insurance Company, July 4, at twelve, and Aug. 14, at eleven, at the Court of Bankruptcy. Pennell, official asssignee, Guildhall-chambers, Basiughall-street; Maples, Maples, and Pearse, Frederick-place, Old Jewry. Henry Williams and James Welch, builders, Great Distaff-lane, City, June 26, at twelve, and August 1, at one, at the Court of Bankruptcy. Johnson, official assignee, Basinghall-street ; Brewer, Gray's Inn-square. Benjamin Brunton Blackwell, coffee-house keeper, Verulain buildings., Gray's Inn, June 28, and Aug. 1, at eleven, at the Court of Bankruptcy. Johnson, official assignee, Basiughall-strect; White, Chancery-lane. Julia Bernard, baker, Stanford Rivers, Essex, June 28, at eleven, and Aug. 1, at twelve, at the Court of Bankruptcy. Bell, official assignee, Coleman-street buildings Bawling, John-street, Bedford-row. . Samuel Gillatt, builder Chapel-street, Grosvenor square, June 28, at twelve, and Aug. 1, at halt-past twelve, at the Court of Bankruptcy. Johnson, official assignee, Basinghall-street; Strong, Jeein-street, Crip plegate. Murdoch, draper, Bristol, July 2 and August 6, at eleven, al; the Bristol District Court. Hutton, official assignee, Bristol; Bale, Staplc-iun; Whitting ton and Grebble, Bristol. William Henry Griffiths, ironmonger, Newtown, Montgomery, July 4 and August 2, at eleven, at the Liverpool District Court. Bird, official assignee, Liver pool; Jones, Newtown. Walter James, provision dealer, Beaufort, Breconahire, July 3 and 31, at twelve, at the Bristol District Court. Acrainan, official assignee, Bristol; Hassell, Bristol. John Murray, shipchandler, Sunderland, June 28, at eleven, and August 2, at twelve, at the Newcastle-upon- Tyne District Court. Wakley, official assignee, New castle-upon-Tyne; Chater, Newcastle-upon-Tyne; Bell, Broderick, and Bell, Bow Church-yard. Indulging i❑ dangerous pleasures is like licking honey from a knife and cutting the tongue with the edge. Eliza Cook's Journal.; ANNE DYSART ; OR, THE SCOTCH MINISTER'S DAUGHTEIL—The Examiner, in its notice of this remarkable fiction, justly entitles it " a fascinating work of art. Anne Dysart is, indeed, as its title tells us, a tale of every-day life. The events, the characters, are such as we come into daily contact with. But the author brings to their contemplation that delightful freshness of the heart and mind to which no thing can ever grow stale or uninteresting; and a power of inspiring her readers hardly less with the same undying in terest and sense of novelty. The principal charm of the book consists in its numerous sketches of character, executed with a minute delicacy of touch, which yet has nothing of littleness in it. Every person of the drama is introduced with an unobtrusive delineation of his or her peculiarities, evincing a great power in the writer of seeing through character." IMPERIAL • PARLIAMENT. HOUSE OF LORDS, June 21._ POST-OFFICE SUNDAY REGULATIONS. The NOBLE and LEARNED LORD entertained grave doubts whether the Crown could direct the abstinence from the delivery of . Post-office letters on Sunday. Many of his friends had no doubt but that the or der of the Crown was illegal, inasmuch, as it was issued on the address of one House only. It would, it was contended, be illegal to act upon an address of both Houses, but he took up the ground that there were certain taxes levied on the delivery of letters. Now, if that delivery was stop ped on Sunday, why not on Monday or any other day; why should nut the delivery of letters be stopped alto- get - her? Tho Marquis of LANSDOWNE had no hesitation in stating that the point would be taken into serious con sideration, although he was not aware that any opinion had yet been taken on the subject. Lord BROUGHAM said that he intended no allusion to what had taken place elsewhere, nor did he mean to imply the slightest disrespect to the House of Commons. The subject then dropped. ACCOMMODATION OF FOREIGN MINISTERS IN THE HOUSE. The Marquis of LANSDOWNE rose to move the re solution of which he had given notice with relation to the accommodation provided in their Lordships' House for foreign Ministers. He would not further allude to the circumstance which they must all deplore, in consequence of which a most eminent member of the diplomatic body had been deprived of that seat which he thought he had a full right to oc cupy, more especially as on the door by which he had entered was inscribed, " For the Members of the Diplo matic Body." That eminent person, therefore, who was well known to their Lordships, urged that he had a right to the seat which ho occupied. The mistake was most unfortunate, and, in order to obviate such mistakes for the future, he moved the appointment of a Select Coin- mittei-, 01 which lie had given notice. Lord BROUGHAM seconded the motion, in order to show that he entirely agreed with his Noble Friend. In so doing he wished to state the circumstances which took place, because anything more complete than the gross misrepresentations which had gone forth to the public in the least decorous language that he had ever heard applied to any Menabsr of either House of Parlia ment, he tied never had occasion to read, and he believed his Noble Friend opposite euticely agreed with turn in that remark. [The Marquis of Lansdowne assentea.] He did u.t recollect having named the gentleman to their Lordships.—(Hear, hear.) lie recollected having pur posely abstained from so doing, because he felt sure that the moment their Lordships assented to his proposition that the order should be enforced, the gentleman would immediately leave his place. That being the case, it was not from any the most remote approach even to wards personal disrespect to that individual that he so proceeded. In common with his Noble Friend opposite, he entertained the greatest respect for that individual, for his attainments, for his station, as well as for his character. He was upon the most friendly footing with him. It was from no disrespect either to his functions of envoy that he took that course. If the individual had been one of their Lordships, who had an undoubted right to be in that place, and who could not have been challenged for being in that place, he should have taken leave, with all possible tenderness and respect towards the wrong-doer, to have entered his protese against his remaining there.—(Hear and laughter.) It had been said that he (Lord Brougham) and his Noble Friend the Chancellor of the Duchy of Lancaster (the Earl of Carlisle) had been seen repeatedly in the Peeresses',Gal lery .—(A laugh.) To be sure they bad, over and over again. But never, he would venture to say, did either his Noble Friend or himself keep a seat in the Peeresses' Gallery when peeresses were standing at the door and could not obtain a seat.—(hear, hear.) That (said the Noble and Learned Lord) is the question. No gentle man in England, at least, be he a member of this House or I believe of the ether—(Laughter)—but I can only speak of the House to which I have the honour of belong • in—no gentleman iu England, in Parliament or out, will ever keep a seat to the exclusion of a lady who is unable to obtain a seat. When the noble ladies in question— amongst them the nearest relation of my Noble Friend whose conduct was to fortis: he subject of that night's debate—came to the door, they tound the peeresses' place absolutely full—they found it utterly impossible to obtain standing room. I then, as I thought, courteously —I am sure I intended nothing uncourteous—l. cour teously addressed myself three times over to the highly respectable individual—l three times over stated that ladies were at the door, peeresses who had an undoubted right to be in the gallery. I then stated most cour teously that there was a place for that individual below, appointed for him to occupy. Perhaps he, being a foreign gentleman, did not understand me.—(Laughter.) And why do I say he did not understand me? Because he never took the slightest notice of what I said—be never even looked towards me.—(Laughter.) But he heard what I said. And I repeatedly said, " I shall be under the disagreeable necessity of applying to the House to enforca the standing orders." Still no notice. _And even after I was speaking in the Houses and after the order had been read by my Noble and Learned Friend on the Woolsack, the gentleman, igno rant of our language—(Laughter)—took not the slightest notice. I have no doubt part of this was owing to the inscription over the door, of which I at that time was not aware. I ought to mention that one or two peeresses left the House and went home in consequence of their places being occupied.—(Hear, hear.) The Noble and Learned Lord then proceeded to say that in this country there was not the slightest disposition to show any disrespect to any rank of diplomatic agents. — (Hear, hear.) On the contrary, rank had been accorded to them in a most ample manner. They had been by royal mandate endorsed with rank which never bad before belonged but to the representatives of sovereigns. Their Lordships were aware that an ambassador was on a different footing with that of an envoy.—(Hear, hear.) An ambassador represented the sovereign, and ranked before some of the peers, but an envoy represented nobody but the minister of a foreign sovereign. A few years ago rank was given to all envoys, down to those coming from even the least im portant states, before earls and marquises. [A Peer— " No: beforeLEarls."] He supposed his Noble Friend had taken care they should not go before Mar quises.—(Laughter.) The Marquis of LANSDOWNE—They do go before Marquises.—(Continued laughter.) Lord BROUGHAM—But did any Noble Earl or any Noble Marquis object on that acco un t? N o suc h thing. That was a clear proof that no disrespect was intended these representatives of other powers.—(clear, hear.) He thought the accommodation to be provided ought to be confined to ambassadors, envoys, chargé tie affaires, ministers, plenipotentiaries, and secretaries of legation.—(Hear, hear.) Earl GREY said the distinguished individual alluded to did not understand that ho was appealed to—as the Noble and Learned Lord had stated —to make room, from feelings of courtesy, for ladies who were not able to find places. On the contrary, his impression WAS, that he was summoned out of the place where he was sitting in such a manner that he thought it due to him self, and the body of which he w as a member, to decline moving.—(Hear, e (Earl Grey) after wards L H (Hear, hear.) heard the order made by the House, and took shame to himself for not having suggested to their Lordships that it was an order which, under the circumstances, ought not to have been made. But, undoubtedly, the occurrence passed so rapidly that the idea did not strike him at the had time. The individua l to whom allusion been made did not conceive the appeal was made to him to do what the Noble and Learned Lord said no gentleman here or elsewhere would do, whether he had a right to maintain his place or pot. If the tppeal had been made in that FROM THE LONDON GAZETTE OF FRIDAY. WAR OFFICE, JUNE 21. 2d Regiment of Dragoons—Cornet and Adjutant William Miller to have the rank of Lieutenant, June 20; Cornet John Arthur Freeman to be Lieutenant, by purchase, vice Amphlett, who retires, June 21. 9tk Light Dragoons—Captain Augustus Frederick Steele, from the St. Helena Regiment, to be Captain, vice Read, appointed to the 12th Foot, June 21. 7th Regiment of Foot—Lieutenant Frederick Mills to be Captain, by purchase, vice Grant, who retires; Lieutenant Dudley Persse, from the 34th Foot, to be Lieutenant, vice Mills, June 21. 12th Foot—Captain Edward Rudston Read, from the 9th Light Dragoons, to be Captain, v ice Storey, ap pointed to the St. Helena Regiment, June 21. 16th Foot—Lieutenant George John Peacocke, to be Captain, by purchase, vice Colborne. promoted; Ensign Frederick Wardell Ruxton, to be Lieutenant, by pur chase, vice Peacocke, June 21. 21st Eoot—Second Lieutenant John Thomas Dalyell to be First Lieutenant, by purchase, vice Barnard, who retires, Juno 21. 27th Foot—Ensign James Henry Creagh to be Lieu tenant, by purchase, vice Becher, who retires; Ensign George Reynell Gresson, from the 76th Foot, to be En sign, vice Creagb, June 21. 3 6th Foot —Ensign George Byng Harman to be Lieu ten4a4ntth, F by oo p t_ ulhienan purchase, Foot, June 21. vice feriae, appointed to the 7th t William Parker to be Captain by pu rchase, vice Massy , who retiree, June 21. 50th Foot—Captain Benjamin Grey Mackenzie, from half-pay. Unattached, to be Captain, vice Brevet-Major George Frederick Long, who exchanges, June 21. 52d Foot —Ensign Arthur French Lloyd to be Lieut., by purchase, vice Vyvyan, who retires, June 21. 69th Foot—Lieutenant Frederick George William Fearon, to be Captain, by purchase, vice Cole, pro moted, June 21. St. Helena Regiment—Captain Charles Robert Storey, from the 12th Foot, to be Captain, vice Steele, appointed to the 9th Light Dragoons; June 21. UNATTACEIED.—Captain the Honourable James Col borne, from the 16th Foot, to be Major, by purchase, June 21. - MEMORANDM—The commission of Lieutenant John Richard Jackson, in the 20th Foot, has been altered from 3d January, 1844, to 15th May, 1850. Major Thomas Edmund Campbell, upon half-pay, un attached, has been permitted to retire from the army by TURKE Y. A letter from Constantinople of the sth says :-- " Nothing yet appears 'to be definitively settled with respect to the choice of the successor of Prince Calli machi in the embassy of Paris ; but the Prince is de cidedly recalled to Constantinople, and nominated Prince of Samos in the room of Prince Vogorides. The Governor of Bosnia, Tabir-Pacha, has just died ; and his death will probably put an end to the revolt which has raged in that province, as th e insurgents have always protested their devotedness to the Sultan though combatting the troops sent against them by Tapir-Pacha. Two days after the departure of the Sultan, one of the women of his harem, the Sultana Mahi-Tabe (Moonlight), died at the palace of Tcbera agan. To-day the Porte sends through Prince Calli limachi a superb decoration in brilliants to General Changarnier." ITALY. The Giornale di Roma of the 12th contains in its official part an order of the day from the pro-Minis ter of War on the new organization of the Pontifical army. Henceforward the Pontifical army is to be composed of a general staff, of a military intendance, a judicial council of war, a staff of engineers, a corps of engineers, three regiments of infantry, a battallion of chasseurs, a regiment of cavalry, one of artillery, four companies of veterans, one of invalids, and a corps of armed police. Count Boutenieff, Envoy-Extraordinary and Mi nister Plenipotentiary of the Emperor of Russia to the Holy See, returned frem Rome on the 14th from Naples. The Conservatore Costituzionale of the 14th, a semi-official journal of Florence, admits that there has been an exchange of notes between the Piedmont ese and Tuscan Governments, on the probable effects of the military convention between Austria and Tus cany, but that the notes on either side were con ceived in the most friendly tone, and in acoordance with the good understanding existing between the Governments of Piedmont and Tuscany. In its sitting of the 15th, the Senate of Turin adopted the Stamp Duty Bill , wh ich had already passed the Chamber of Deputies by a majority of 43 to 8. The Minister of Finance also presented the Bill on the National Bank. On the same day the Chamber voted the Bill on the Customs' Duties by a majority of 111 to 12. According to a letter from Vienna, of the 14th, addressed to the Cologne Gazette, the Minister of the Interior had communicated to the "men of confi dence" the constitution of the Lombardo-Venetian provinces. This constitution proposes that each pro vince shall have a provincial Diet, consisting of two chambers, a Senate and a Chamber of Deputies, but that the Diets shall have no legislative power, and strictly confine themselves to local affairs. Each Senate, it is added, is to consist of 28 members, of whom 16 are to be named by the Government. SPORTING IN' GOODWOOD C TELLIGENCE. UP WEIGHTS. Age st. lb. Months Knight of Gwynne 3 7 4 Nutshell 3 7 4 Cariboo Pitdurd . t 3 7 4 Of f icious Windischgratz C by Gladiator— Khorassan's dam 3 6 13 King of Oude 3 6 13 Maria Monk Probity Age st. lb. Collingwood Chanticleer a 9 7 Peep-o-day Boy 6 9 7 Canezou Osterley Ellerdale 6 9 3 Cossack Elthiron Borneo Justice 5 8 6 Miss Ann Stultz CRICKET. THE GENTLEMEN OF THE SURREY CLUB AND COUNTY v. THE PLAYERS OF SURREY. This grand and interesting annual match was com menced at the Oval, Kennington, on Thursday, and re sumed yesterday morning. The following is the score up to last night:— TIDE GENTLIMEN. First Innings. Second Innings. A.llargarth, Esq.,b Bentley 10 b Taylor 3B J. M. - Lee, Esq., b Taylor ... 35 c Taylor, b Brockwell 16 E. Reeves, Esq., b Taylor ... 22 b Shearman N. Felix, Esq., c Heath, b Holledge C. Coltson, Esq , c Cmsar, b Shearman Hon. It. Grimston, b Taylor 25 c and b Shearman 3 W. Hammersley, Esq., b Caffyn .. C. Esrom, Esq., b Taylor F. Dyer, Esq., c Ciesar, b p rockwell 6 not oat 5 G. Burnett, Esq., c Lockyer, b Taylor G. Yeates, Esq., not out ..... 1 b Brockwell ......... Byes, 7;lb, 2 ; wide, 4.. 13 Byes,ls ; leg byes, 4; wide, 8 166 THE PLAYERS. First Innings. Second Innings. J. Cxsar, b Dyer 9 c Dyer, b Hammersley 6 F.'Crcsar, c Dyer, b Reeves 0 b Felix .............•••• 0 Brockwell, c Dyer, b Reeves 7 not out ..................... 18 Cuflyn. c Burnett, b Felix 4O c Dyer, b Shearman ... 15 Heath, not 0ut...... ••...hearman, run out .... ...... 1 Hentley, s Coltson, b Felix... .5 c Caesar, b Felix Lockyer, s Coltson, b Felix 9 b Hammers le y Mortlock, c Coltson, b Ham- Mersley ..........5 not 0ut.... .............• . ........ 9 Holledge, Ibw, b Felix 0 c Esrom, b Hammersley 10 Taylor, b Felix Byes 12,.1 b 2, wide 16 29 Lb 1, w 1............ 2 Total.. .. 177 Total RAILWAY RE TURNS RAILWAY TRAFFIC.—The following are the Total Receipts of Rail ways for the past week—that is to say, up to the date to which the respective returns are made, together with the receipts of the same week In the previous year:— . •Zs a s=l, • , / Week ' Last ac , s',', ending NAME OF RAILWAy, Week. 1 . 3 ;,..• 1 8 t. • ....---- ---- c.).!. . 4, ---- - X X J Une 8 Aberdeen •• - • • .•••• • • • .. 1 262 692 16 Amiens and Boulogne . .... .. _ - 1,261 1,121 15 Belfast and Ballymena.. - ...„ ••• • • 542 542 16 Birkenhead, Lancashire, and Cheshire 1,171 795 • 9 Bolton, Blackburn, Clitheroe, and W. Y. 444 475 • 16 Bristol and Exeter . • • • • 4,247 4,477 9 Caledonian___ •••• • • • • • ..6,248 6,063 16 Chester and Holyhead. •.--_• • • • • • 3,262 1,750 13 Dublin and Drogheda.. • ... ••• • • .. • . 919 662 15 Dublin and Kingstown ...... •• • • .. • • 901 1,028 15 Dundee, Perth, and Aberdeen - _ 586 496 16 E as t Anglian.... ...... 780 6 15 E di n burgh and Glasgow ............. 3, 538 3,53 3 4 2 1,5, Ed i n b u rgh and Perth ••,- •• •• •• - 2,279 2,119 ' " Eastern Counties and North Eastern.. 16,087 15,620 16 East Lancashire ••••••.• • • _ - - - _ 3,153 3,141 16 Eastern Union •••• • • • • ...... ........ 2,409 1,326 1 5 Glasgow, Kilmarnock, and Ayr .....• 2,740 2,471 • 15 Glasgow and Greenock.. -_•• • . „ .. 1,767 1,043 9 Great Northern, and E. L.......„ _ 3,313 2,037 15 Gr e at Southern 'and Western ........ 4,127 3,596 16 Great Western, &e ••••••••• • • • . • • . •• 29,007 18,601 16 Lahcashire and Y0rk5hire............ 13,571 12,260 9 Lancaster and Carlisle ••• • . • • 16 Leeds and Thirsk ••- • • ..... .••• • • • 920 227 16, Liverpool, Crosby, and Southport. • i , 5 , Londonderry and Enniskillen.... •• • • 142 140 t u . London and North Western, 8;4. 45,321 44,528 '" London and Blackwall • ...... •••• • • . 1,078 1,005 , 15 London and Brig hton .••••• • • • • • • 1, 6 London and Sout h Western .•• • • • ' 6 Manchester, Sheffield, and Lincolnshire 5,494 3,515 16 Midland, Bristol , a nd Birmingham 20,805 20,794 ", Midland Great Western (Irish) ••.. • . 1,239 1,055 2,429 1322 727 16 North British ••••••" • • ' • " " • 2,958 2,679 1 ,", Pais and Rouen. ••••• • " • • '" Rouen and Havre .. •••••••••• • • • • • • .. 2,697 16 Scottish Central ••••• • • • • ..... • • ..... 1,410 15 Scottish Midland ••••••••• • • • • • - • • 434 346 16 Shrewsbury and Chester . • .... ••• • _ 1 6q, -,- 1,504 .!" Shropshire Union :. •••••••• • • • • • • • • 496 _ ' 15 South Eastern And Branches i. • ..... 12,446 9,177 9 South Devon •••• •• • • ••'" •''••• " ' • ** 2,159 1,792 , 1 5 Taff Vale .. •• .•• • • • ...... •••• • ' " " 2,435 7,631 1 16 Ulster ... : - Waterford and Limerick••• ••••• • • • • • - -- . 9 Whitehaven Junction •••••••• • • • • • • • 194 203 16 York and 'Newcastle •••••••• • • • • • • • 12,893 11,742 16 York and North Midland ••••• • • • • - 6,993 7,219 THE ARMY. AND NAVY. (From the United Service Gazette of this day.) THE H OUSEHO LD BRIGADE OF CAVAL RY. — The Regiments will move as follows on the Ist of July : Ist Life Guards, f rom Windsor to Regent's -park Barracks ; 2nd Life Guards , f r o m Regent's park to Hyde-park Barracks; and the Royal Horse Guards (Blue), from Hyde-park to Windsor. Sin JOHN FRANKLIN.---It is said that letters have been seen from the:Herald and Plover, but they do not contain any accounts of the missing expedition. Major-General Brown, the Adjutant-General, will, it is said, succeed to a regiment, consequent on the death of Sir John Buchan. Other rumours, how ever, give the vacant corps to Sir J. Reynett. SINDE PRIZE MONEY.—The rolls of the un claimed shares which have been received at the East India House are those belonging to the 22d and 28th Regiments. Colonel Rice Jones, of the Royal Engineers, has been appointed to the Staff at Gibraltar, vice Colonel Harding. Captain G. Augustus Jocelyn M'Clintock of the 52d Regiment, has been appointed Aide-de -Camp to Major-General Sir William Warre, vice Black, who has accepted the situation of Military Secretary to Lieut.-General Sir J. F. Fitzgerald, at Barbadoes. manner, he was .quite_sure the gentleman would not hay e kept his seat. Ho believed there were ladies there who were not entitled to that place under the orders of their Lordships' House, and he was not sure that the Noble and Learned Lord was not also aware of that circum stance.—(hear, hear, and laughter.) Lord BROUGHAM declared that he was perfectly unaware cf . it. He took up two ladies—a peeress and a peer's daughter, who is married. He only asked a place for a near relative of a noble viscount (a vis countess), whose place was undeniably fixed by order of the House, and who was naturally anxious to hear what would be said respecting her noble relative. Another, still nearer, was obliged to get a scat in the box below the bar.—(Hear, hear.) The Marquis of LONDONDERRY under'stood that a letter had been written to the Noble Lord the Secretary for Foreign Affairs, by the Chevalier Bunsen, on this particular question, and he wished to know whether the Noble Marquis would lay that letter on the table in order that the Committee might be in fall possessio❑ Of the statement% on both sides. Lord BROUGHAM could not imagine anything more absuro.—(Llugliter.) Ile, hod felt bound t o ma k e the statement which he had now laid before their Lordships in consequence of the indecorous misstatements which h a d been laid before the public. The Marquis of LANSDOWNE considered the pro duction of the letter referred to perfectly unnecessary. Measures were now in progress to prevent the recurrence of any mistake, and the productio❑ of such a letter would stern to imply that the alteration was made in consequence of the statements contained in that letter. The Marquis of BREAi)ALI)ANE said, he thought the Noble and Learned Lord, in the excitement of the moment and in his anxiety to provide accommodation fur those noble ladies, hail forgotten what really hap pened, and he wished to ask the Noble and Learned Lord whether he did not address that excellent gentle man from the house, and say to him " Now, will you come down?"—(Laughter.) Lord BROUGHAM—No, no.—(Great laughter.) The Marquis of BREADALBANE was told so by a person who was present at the time. Lord BROUGHAM said his Noble Friend, one of the hereditary judges of the land, showed a total ignorance of the rules of evidence.—(Loud laughter.) He did not speak of him in his character of Lord Chamberlain, or class him with his predecessor in Shakspere; but, as a Peer of Parliament, he must say that he had not the slightest notion of the law of evidence.— (Laughter.) The Noble Lord said he was not pre sent, but that he heard what passed from some one who was present.—(Laughter.) Did he say he was present at the time? The Marquis of BREADALBANE-11e was not a member of your Lordships' House. 4ord BROUGHAM (with energy)—Then he misins formed the Noble Lord—(with increased energy)—he totally, entirely, and grossly misinformed the Noble Lord; and the Noble Lord may tell him I say it. The Earl of HARROWBY . had been acquainted for many years with that most excellent individual (Chevalier Bunsen), and willingly bore testimony to his character as a gentleman. If that excellent individual had had the slightest idea he was ap pealed to as a gentleman he would not have hesitated to remove. He (Lord Harrowby) was certain that this gentleman was under no such impression at the time. He considered he had been requested—not to make room for ladies—but to quit a place which he was entitled to occupy as the Minister of a foreign court. Ho would again say, he had been acquainted for twenty eight years with that gentleman, and he knew him to be incapable of doing anything to impair his character as a gentleman, or to impair his character as an observer of the courtesies of life, which courtesies he was sure that gentleman would be the first to offer any one. As that gentleman's character had been impeached in their Lord ships' House, and the circumstances divulged to the world, he could not withstand the opportunity of coating forward in defence of an old and attached friend. The Committee was then agreed to. The Earl of HARROWBY postponed his motion on education from Friday to Monday week, in order to make way for the Irish franchise question. The Marquis of LANSDOWNE had no objection to fix the debate on the Irish franchise for next Friday. The Earl of CARLISLE brought in a Bill for the better ventilation of coal mines and protection of miners. The Bill was read a first time. Their Lordships then adjourned. HOUSE OF COMMONS, June 21. NATIONAL EDUCATION (IRELAND). On the motion for going into Supply, Mr. HAMILTON rose to move, that an humble ad dress be presented to her Majesty, praying that she will be graciously pleased to direct that such a modification of the system of national education in Ireland may be made as may remove the conscientious objec tions which a largo proportion of the clergy and laity of the Established Church entertain to that sys tem as at present carried into operation; or otherwise, that means may be taken to enable those of the clergy and laity of the Established Church, who entertain such conscientious objections, to extend the blessings of scriptural education in Ireland. He said he felt it ne cessary to apo!ogiso to the House for bringing forward tho subject on the occasion of going into Supply, but it was of such importance that he had felt himself compelled to take this course He had no intention to throw out any insinuation against the National Board of Education in Ireland. His object was to state to the House the hardships and injustice under which 1,730 out of 2,040 ut the clergy of the Es tablished Church in that country, as well us 100,000 of the laity of that Church, were suffering in consequence of tie present state of college education. The Church of Ireland was placed in a very anomalous and objection able position in regard to educati, o, and he was anxious to press on her Majesty's Government the necessity of ap plying some remedy for the purpose of altering that posi tion. lie was quite ready to acknowledge the, question of education in both countries was surrounded by diffi culties, but more particularly in Inland; he appreciated those difficulties, and was therefore ready to con cede as tar as possible the views which had been taken on this important subject by her Majesty's Government. In consequence of those difficulties very great concessions and sacrifices of opi nion had been made of late years. Formerly education was considered to be in a great degree connected with the Established Church. Now the system of State edu cation was of a denominational character; in England it was almost entirely so, andinlreland it was practically se. No one could doubt that the '2,500 schools under the su perintendence of the Roman Catholic Church, and the 400 schools under the control of the Presbyterian clergy, were conducted upon a scriptural system. Well, then, if that could not he disputed, was it strange that the pe culiar tenets taught iu those schools were adverse to those taught by the Established Church? The result of this state of things was, then, that the members of the Established Church were altogether excluded from par ticipating in the advantages of the national system. The clergy of the Established Church in Ireland con sidered that they were peculiarly bound to main tain the principles of the Reformation ; and they were of opinion that the present system of national education was entirely at variance with the principles of the Reformation.. They claimed the privilege of being treated in the same manner as their brethren of the Established Church in this country. They objected entirely to the rules and regulations of the National Society for Education, and the means by which it carried oat its objects. He believed that a latitudi narian or secular system of education was as repugnant to Roman Catholics as it was to Protestants; therefore any thing tending to that end-would be very objectionable. Most of the clergymen of the Established Church in Ireland, as well as many Roman Catholics, were in favour of a national system of education, based on the same principles as tho:e on which the schools now in existence tied been founded. Ho had no doubt that the clergy and laity connected with the Established Church in Ireland, on whose representations he had been induced to make the present motion, would be successful in their appeal to the good sense and justice of the House. The Hon. and Learned Member concluded by proposing the motion, which is given above. Mr. WALPOLE said he had great pleasure in se conding the motion of the Hon. and Learned Gentleman, because he believed that no more reasonable proposition could be submitted to the House. He thought it was ir resistible on two grounds—on the ground of justice and also as a matter of national policy. The system of edu cation in England and Ireland was essentially different. In this country the principle upon which education was based was a most liberal one ; whereas, in Ireland the system was one of religious exclusion. In England the public grants-for education were fairly divided between all religious parties ; whereas, in Ireland the fund was made applicable to ono combined system. The mem bers of the Government stated, on various occasions, that a combined system would not answer here, because, as they urged, it would have the effect of excluding cer tain religious parties from the benefit of such a system. Yet they attempted to carry out this system in Ireland ; the effect of whi c h was to exclude from t h e public grant for education those schools where the Scriptures were read without note or comment. It was true that the system in Ireland had been proposed for the purpose of producing goodwill amongst all parties, but this had failed in its effects. He contended that the only system that could work effectually was to give grants to enable all elasses of religionists to educate their children in ac cordance with their own religious views. There were in Ireland 1,861 schools, in which 120,000 children were educated, of whom 15,000 were dissenters, and 46,000 Catholics. Th ose were grounds upon which in justice, if not in policy, they ought to accede to the principle of general instruction, to which the members of the Church Establishment should receive the same advan tage as the Roman Catholics, end he hoped the Noble Lord would yield to the considerations he had Bug grated. Sir 1V M. SOMERVILLE said, that though this mo tion professed not to have in view the reversal of the existing system of education in Ireland, yet it was di rectly calculated to accomplish that object. The pre sent system of education in Ireland, which was intro duced by Lord Stanley, to whom in this respect the country was under deep obligations, was essentially an united system of education. It had now been in farce for eighteen years, and hitherto had been attended with considerable Advantage. Now the modification which the motion of the lion. Member opposite was aiming at, might be inferred from the petition which the Hon. Member had alluded to, which evidently showed that the great point of objection was a supposed exclusion of the Holy Scriptures from the course of education. He denied, however, that the Bible was excluded from these Irish national schools. The only law on this subject was, that the reading of the Bible should be made com pulsory against those who entertained conscientious scruples in their religious views. He would ask, too, whether the present system pursued in the national schools of Ireland was not that also pursued in the workhouse schools, and in the gaols? Besides, they could not establish a separate system with respect to the Church cf Ireland, without establishing a ,I 00 ,000 ,747 .008 076 Br. ;ate, this om ated for ODl' sbe of sea, ,ther this Can ore- ood, I by to be have 7 an- Sion, • was when )n AS g all i that as re d till r was vered have of 70