The Sun. — London, England, 1868-01-21 00:00:00

SPIRIT, OF THE PURI:Iu JOURNALS, The Tisza discusses the question of the Alabama claims, with reference to the letters of Lord Hobart and " Historicus " which have appeared on the subject. It argues that if unconditional arbitration be reasonable at all, it must include far more than Mr. Seward contem- plates. The policy of the United States, as well as the policy of Great Britain, must come under review from the first outbreak of the rebellion, and the validity of all the captures made during the war must be judicially recon sidered. It is the strangest of delusions to suppose that Great Britain did not snffer as much as the United States from the effect of the Queen's proclamation. But for that proclamation British subjects would have deemed them. selves entitled to trade freely with the South, and, if molested by United States cruisers, would have justly looked to their own Government for redress. Admitting the existence of war, England has no claim against the United States except for any wrongful transgression of belligerent rights, just as the United States have no claim against England except for wrongful transgressions of neutral rights. Upon any other assumption England has been quite as much aggrieved as the United States. Let us, therefore, dismiss all considerations of this kind, and ask ourselves whether an unconditional resort to,arbi tration should be accepted by Great Britain. There are two classes of motives which must be resolutely put aside before we can arrive at any sound conclusion on a question of national responsibility. On the one hand, we must rise above the blind instincts of pride and jealousy. Because the sentiment of large classes in this country was enlisted on the side of the South, because the claims of the United States have been preferred in too peremptory a tone, or because they have not been preferred, on like grounds, against France also, it does not follow that we should turn a deaf ear to complaints--even to unreasonable complaints —of our conduct in recognising the Confederate States. On the other hand, we must banish with no less firm ness, not unmixed with indignation, those motives to which Lord Hobart appeals when he reminds us that it is plainly intimated in the Alabama correspondence that the United States Government " may now be obliged t 3 conform its principles and policy to those which it considers to have been the principles and policy of this country during the American civil war." The answer of " Historicus " is here absolutely conclusive, supposing the demand of Mr. Seward to be palpably groundless :—" If the Government of the United States quarrel with us on the question of the recognition of belligerent rights, it can only be because they are determined in any event to quarrel with us." Happily, this conclusion is doubly hypothetical, and we are by no means prepared to adopt one of the hypotheses which can alone render it inevitable. We do regard Mr. Seward's demand as palpably groundless, but are unwilling to believe that the Government, and unable to believe that the people, of the United States are so far committed to it as to harbour the designs which Lord Hobart imputes to them. It is natural that Mr. Seward, having once taken his stand on an untenable position, should adhere to it with more tenacity than Lord Stanley did to that of his predecessor. We can make allowances, too, for the pres sure of political exigencies, especially at the present crisis of American politics. Considering these circumstances, we venture to counsel the utmost patience and forbear- ante on the part of our Government, but we are not pre pared to counsel submission where submission, instead of promoting reconciliation, could only lower us in the eyes of the American nation. The Standard is of opinion that the Alabama claims are not such as we could submit to arbitration. To submit a quqtion to arbitration is to admit that it is one upon which we may rightly be asked to justify our conduct towards a foreign Power. Suppose the American Govern ment were to call us to account for hanging or imprisoning Fenians who claimed American citizenship. If Lord Ho bart's argument were worth anything, we ought to submit to arbitration our right to hang traitors and filibusters. And, again, it would be impossible to carry on the govern ment of the Queen with honour and independence, if we were not resolute in asserting our immunity from any foreign complaint or interference in respect of acts of policy. Take the case in question—the American war. If the North may hold us liable for recognising the belligerency of the South, the South might (and as we think With more reason) have called us to account for not according her complete diplomatic recognition. And so, in every civil war, England would be liable to answer for any course she might adopt—to the original Government, if she recog nised the rebels ; to the rebels (should they succeed) if she did not. Lord Hobart ought to see that a proposition en tailing such consequences is not only wrong, but ridiculous. The preparations for the campaign in Abyssinia have, ' according to the Post, been made upon so large a scale that they embarrass us from their magnitude, and we find that most of our calculations respecting them have been hastily made. The admirable behaviour, courage, and endurance of the 3rd Cavalry upon a march every step of which was a new difficulty is beyond all praise. Their sufferings from intense heat by day, and intense cold by night, rocks, deep sand, and thorns, may be better imagined than described. With provisions at war pries, and even water costing the Government a shilling to cighteenpence a gallon, there was nothing but sheer pluck and spirit to sustain either officers or men. Much that we now know of Abyssinia inevitably leads to the conclusion that our previous informatien is untrustworthy, ani we seem in almost every respect to have systematically magnified our resources and diminished the impediments before us. The extraordinary variations in the temperature, the extremes of heat and cold, the want of food and water, and the total absence of guides or maps, will embarrass and delay our operations greatly. Sir Robert Napier is declared to have no idea of advancing without six months' provisions, and he cannot properly be blamed for exercising caution when placed in a position of such responsbility. When a summary is made of all the facts which have come to our knowledge, it will be found that the war budget for 1869 must exhibit an expenditure much in excess of the sum which was modestly anticipated by the Chancellor of the Exchequer ; and as a necessary result, we must prepare for a heavier taxation than we have been accustomed to for some time past. A load is lifted from the national mind. Dr. Living stone is safe. While geographers have been discussing the chances sf his life and death he has been steadily pursuing his way in completion of his great work of African dis- , covery. The Daily News thinks it possible that we may next hear of him from Egypt, and that, if no unforeseen obstacle interpose, he will return to England by the Medi terranean, having worked his way from one end of the African continent to another—from the Cape to Alexandria. The intelligence which has from time to time been re ceived through traders and natives has prepared the popu lar mind for this happy solution of its doubts Their nar ratives have given us strange and distant (glimpses, as in a panorama or a magic glass, of the white-clad and black capped figure, solitary but for a handful of barbarous at tendants, making its way through jungles, and across sands, and over the streams of a country untrodden before, amid perils of savage men and savage beasts, deserted by timid or faithless comrades, but still toiling onward, with out abatement of heart or hope. The report of the Search Expedition which has just returned to Eagland has esta blished beyond all question that Dr. Livingstone was not slain at Lake Nyassa, but had pressed on into the interior. It justifies the incredulity which disbelieved the story of Moussa and the Johanna men. They appear to have feared that they themselves would be slain by the inland tribes ; and to excuse their cowardice and abandonment they gave out that the fate which they dreaded had actually befallen Livingstone. The Cretan reputation of these worthies'always warranted and half compelled scepticism ; but even apart from this ground of distrust, their point blank and cleverly dovetailed statements had less aspect of truth than the casual information gathered from traders and caravan servants, which was not.shaped to any con clusion, or fitted into any connected tale. The Morning Herald does not think that either the Servians or Montenegrins are now disposed to light up the flame of war. They will still do it, of course, if Russia urges them and promises them their support, but there are very good grounds forbelieving that Russia will do nothing of the kind, and, on the contrary, repudiate, with all the solemnity she can, the mischievous intentions which are generally attributed to her. Too much importance must not be attached to her pecuniary . difficulties. The army, let peopl e say w h at they will, yis quite ready for a campaign ; and the authoritative denial that the Russian Government has made ani he p re reparations on the Pruth, and has massed an army worth nothin g at Nobody who knows anythint e , about the matter has ever alleged that troops had concentrated in Bes sarabia, but there is no doubt that many months the Russian army has gradually o been gathering on the fron tier of Galicia ; that Poland is l. soldiers, stationed miserable there not to keep in subjection the rem a ins o f insurrectionary aspirations, but to beeady for employ ment further south. If the Russian Government decide to go to war against Turkey it could out that r ( io n t o original and necessary part of its plan, a (.1 emeaora should compel the neutrality of Austria, to-morrow and have a large force on the Danube before the Turkish army ish still was ready. But Russia will not go to wa r now, because- a she is disappointed of the ally upon whom sh e h reckoned. Prussia is not at all disposed to risk the great acquisition of the last eighteen months in a war which could give her, however successful, no other advant age than that complete destruction of the Austrian Empire which she has now no reason to desire. We have yet to learn the grounds on which George Francis Train was arrested, and even the offence with which the prism - r stands charged ; but whatever may be the state of the ease, it opens up some interest:ng ques tio.is of puha: law, with which the Fenians are likely to IN better acquainted than people in general cared to be a ahert a:o. This gives an opportunity to the Tetegrop.i. to state what the international law really is. I,v the law of nations, as lerstood in England and the United States, it is true that a country can uot punish crimes committed against its own municipal laws by a fereigeer in a foreign country, If an American were to forge in New York a counterfeit note of the Bank of England, lie could not be punished for it here, because the law of nations, as we understand it, has nothing to do with counterfeits on the Bank of England. But if an American in New York aids and assists in any way to get rip a private war for the overthrow of the Government of a foreign country, he commits an offence both against the municipal law of that country and the law of nations. We have stated these propositions as strongly in favour of the foreigner as possible ; since it is not everywhere a d m i tted that a foreigner cannot be punished for even municipal offences against a Govern ment, if he voluntarily goes within its jurisdiction. TAMPERING WITH THE MILITARY. At Dover, a compositor, named John Whetstone, has )een charged with endeavouring to persuade Robert L'ordner, a private of the 27th Regiment, and other sol liers belonging to the same corps, to join the Fenian Brotherhood. The prisoner, a young man, was employed at Dover about a twelvemonth ago as a compositor on the Dover express newspaper. He had not again been in Dover till Saturday last, when he paid a visit to the town, and on the following day, on passing the main shaft guard, he got , nto conversation with some of the soldiers of the 27th Regiment, which arrived here from India only a few days ago, and asked some of them to drink with him. After wards the prisoner, according to Cordner's evidence, asked him if he was going to be a Fenian, and join the Fenian Brotherhood. Cordner did not give any direct reply, and asked what kind of rifles they had, and the prisoner said they were breechloaders. Cordner asked h ow m any men were enrolled, and prisoner replied, "About 17,000 at Cork." The prisoner knew Cordner was an Irishman, and he said he was not true to his country. He also said, alluding to the Fenian Brotherhood, that the men were all right if they had good officers. This witness 'said the prisoner had been drinking, but knew what he was about. Another soldier, however, said the prisoner was beastly drunk. James Anderson, another private of the 27th Regiment, corroborated Cordner's account of the conversation, so far as the statement of the 17,000 and the breechloaders was concerned ; but the prisoner did not ask him to join the Brotherhood. The prisoner addressed him in Irish, and told him he belonged to the south of Ireland, but had been across the Atlantic, and had since been living in Dover. The prisoner had previously told the landlord that he was " for the green flag," that he had come from the " green banks," and was " green to the back- bone." A policeman, who apprehended the prisoner on the charge, said, in reply to the magistrates, that he knew the prisoner when he was working in Dover, and always believed him to be a respectable man. The prisoner said he was entirely innocent of any com• plicity with Fenianism. He came to Dover on Saturday, and had been drinking more or less ever since. He had no recollection of what was now alleged to have transpired, and if he had said what was attributed to him, he had done so under the influence of drink. The police officer, in reply to the magistrates, said that the prisoner, though he had been drinking, knew what he was about. The superintendent having applied for a remana, The Mayor said the prisoner was charged with a serious offence, and the circumstances were sufficiently susPicious to induce them to remand him for further inquiry, The prisoner was then remanded till Friday. THE LAST ARRESTED. — The New York Tribune of the Bth announces Mr. Train's departure from America in the following terms :—" Mr. George Francis Train sailed for Europe yesterday, to take charge of the affairs of all the kingdoms and principalities of that unhappy country." There is an unusual amount of distress througn _ut the Wolverhampton Union. Until lately, the highest number of inmates in the workhouse was 800, but the number is now 920, and the applications from able bodied men for relief are rapidly increasing. Amongst the paupers are found skilled ironworkers, as well as labourers, miners, and bricklayers. The guardians have resolved to resort to the labour test, and all able bodied applicants are to be offered stone-breaking for road making. ENFIELDS FOR THE KING OF BURMAIL—There have lately been discussions as to the policy of acceding to the wishes of the King of Burmah to be supplied with 10,000 Enfield rifles. Colonel Fytche is reported to have promised what was required, and, further, to have urged the King to obtain the supply through him, and not, as is usually the custom, through professional agents, as by so doing his Majesty will pocket the com mission on the purchase which would be charged by the latter. FEMALE MEDICAL SOCIETY. —The second half of the fourth annual session of study has commenced at the college, No. 4, Fitzroy-square. The lady students now amount to about seventy in number, and a large propor tion of those who have recently entered arc relatives o'. medical men. Many of the past students are settled ir. practice in various parts of London, and the public may obtain their addresses by writing to the lady secretary at No. 4, Fitzroy-square, W. Two GAROTTERS CAPTURED.—TWO young men, named William Johnson and Thomas Manning, have been brought before the magistrates at Manchester, charged with a garotte robbery. Mr. Armitage, shopkeeper, Stock port, said he had come to Manchester early on the mor_i ing of the IGth instant, and saw the prisoners in a public' house in Deansgate, at which he called. They followed him out, and near the corner of John-street Manning seized him round the neck, pressing his throat, while John son stole a watch and 30s. from him. The pressure on his throat rendered him insensible, and he fell on the pave ment. A policeman and some witnesses of the robbery gave chase, and captured the prisoners. The watch was found in Johnson's possession. The prisoners were com mitted for trial at the assiz'±s. AYOTIIER COLLIERY EXPLOSION IN SOUTH WALES. —Another of these explosions, for which South Wales has of late obtained such notoriety, has occurred at the Tylacock Colliery, Rhondda Valley, by which seven men were burnt, four of them seriously. The cause of the explosion has not been clearly ascertained, but it is rumoured that it was occasioned by one of the doors being left open for a time, and, as the natural result of one of the men opening his lamp, an explosion followed. Although the injuries received by the unfortunate sufferers are more or less of a serious character, it is gratifying to learn that no lives were sacrificed. About two years ago an explo sion took place at the same colliery, when Mr. Bedlington, mining engineer, and one of the workmen, were killed while engaged in making an examination of certain work ings. The colliery is the property of Mr. Thomas Jones, [ Cardiff. THE OAKS COLLIERY EXPLOSION.—The work of clearing the ill-fated colliery is progressing somewhat slowly. The explorers have this week brought out two horses and a donkey, but no bodies have been found. There are more than 300 bodies still entombed in the mine, and an application has been made to the Barnsley Burial Board to have them interred, when recovered, in the Barsley Cemetery, and as to the terms they may be interred on. The colliery is in the parish of Ardsley, a village about two miles from Barnsley, but the interments cannot be made in that churchyard, as it is too small to allow such a great number of bodies being laid there. Several times during the explorations this week the men have had to retreat to the mouth of the pit in consequence of the gas becoming too strong for them ; and one man was overpowered, but was rescued by his comrades. THE SUPPRESSED BRANCHES OP THE REFORM LEAGUE.— A meeting of representatives of the Holborn, Chelsea, St. Luke's, Cromwell, and Clerkenwell branches of the Reform League and of the Old National Reform League has been held at the offices of the Reform Leagße, Adelphi-terrace, to take into consideration the suppression of their meetings in the various licensed victuallers' houses in which they had been held, and to devise the best means of carrying on their proceedings. The chairman explained the object of the meeting, and said that the Holborn branch, of which he was a member, had always conducted their proceedings openly, fairly, and above board, and had never any secret meeting whatever. What they now wanted was to get back to their old places of meeting in the public-houses. The police were acting under the Mid_ diesex magistrates, but it was well known that the direc tions came from the Home Office. After considerable discussion, the following resolution, moved by Mr. Radford • and seconded by Mr. Pollard, was passed unanimously " That this meeting, composed of the representatives of six branches of the Reform League whose meetings have been suppressed by orders of the police or the Government, protest against such suppression, and hereby declare that all their meetings have been open, free, and public, and that nothing illegal or unconstitutional has taken place at them, and considers it beyond the proper duty of the police force to prevent the freedom of public meeting." The meeting then adjourned, pending the report of Mr. Beales on his correspondence with the Government. THE PRINCESS OF WALES.—A correspondent of the Post, writing from Sandringham, says : Her Roya, Highness the Princess of Wales continues to drive out daily in her small pony carriage through the gardens and and grounds in the neighbourhood. The Princess has been engaged in a very interesting ceremony in connection with the parish school. Their Royal Highnesses have ever manifested the deepest interest in the education of the children of the poor on the estate, and there are no fe .ver thanfour schools, which a re principally su pp or t e d by the Prince and PrinceJs. The principal school is that of z.•_;an , dringharn which ,for many years has been held in ,1 r' in the park, which was erected near the clir,:h hr Harriet Cowper about ten years ago, before the came into the hauls of the Prince. Amongst t. , l'_! V•iri,our projected alteration s of the Royal domain was the ' i tion of the school and s c h oo l-h ouse, and this nec,.:-;,.ia'te'd fuither provision, which h as b een made by the er.'c'ion by the Prince of a very excell en t sc h oo l room, and house for the mistress, on a convenient spot of ground between the rectory and Park House. In this school the children belonging to Sandringham and Bahingley are taught, as also are some from Dersingharn. The children of this and the other schools receive a dinner on the occasion of her Royal Highness's birthday, and a New Year's gift of hats and caps and cloaks and jackets ; and her Royal Highness has just given another evidence of the interest which she takes in the progress of the children by being pre sen t at the examination and personally distributing the prizes. , vitt44444,l4at'', THE SUN, LONDON, TUESDAY EVENING, LORD HOBART ON THE ALABAMA CLAIMS. Lord Hobart, commenting on the despatch from Mr. Seward to Mr. Adams, dated the 29th of No- vember, breaking off the negotiations between this country and the United States respecting the Ala- bama difficulty, writes to the Times : —There can be no doubt that the failure of these negotiations means nothing less than unfriendly relations be tween Great Britain and the United States ; that unfriendly relations meant the risk—more or less imminent —of war ; and that war between Great Britain and the United States would be a calamity as great as any which could afflict the world. But there is a consideration more itnme- diately urgent which enhances the evil. The Gover nment of the United States has hitherto loyally done its duty to this country in regard to the proceedings of Fenianism within their dominions, but it plainly enough intimates in this correspondence that it may now be obliged to conform its principles and policy to those which it considers to have been the principles and policy of this country during the American civil war. Nothing else is wanting to make Fenianism, which Is now only troublesome and vexatious, serious and formid able. It is most important that the people of this country should clearly understand the posi tion in which they are placed in reference to this subject. When all deduction is made for faults of national character there is in the generality of Eng lishmen a fund of good sense and right feeling which would, if only they were fully instructed as to that which the Government of the day were doing, or about to do, prevent, as I believe, any very great or frequent errors in our foreign policy. Three fourths of the wars in which this country has been engaged would have been impossible if the nation could have been made fully aware of what was tak- ing place in the " drifting" period. But blue books are tardy of appearance, inaccessible to the gene ral public, and unalluring to the repre sentative mind. The matter, then, stands thus : The United States Government has pressed upon the British Government a formidable list of claims on account of losses inflicted upon American citizens by the depredations of the Alabama and other ves sels of her class, and has at the same time stated very clearly the grounds on which it urges the settle ment of those claims. Those grounds are recapitu lated by Mr. Seward in his despatch of Aug. 27, 1866, and are shortly as follows :—That by the Queen's proclamation of 1861 belligerent rights were certainslav l e a h w ol f d u i l ng Statesthen wrongfully iu iu su r c r o e n e c t i e u d n e d a t g o a iust their Govern ment ; that in consequence of such concession those States other advantages, power to m and to seize and as s u obtained, e a national fi g a g de stroy goods and shipping of the United States ; that thereupon, from the ve r y nation whi c h h ad mainly occasioned this injustice, there proceeded swift and powerful vessels of war, which became the recognised property of the insurgents, and in flicted enormous injury upon American trade and navigation ; that, to prevent such vessels from leaving her shores, no serious, or, at least, no suf ficient effort was made by the Government of this country—that, moreover, such vessels were re peatedly harboured and protected in various ports of Great Britain and her colonies, and that Great Britain owes to the United States indemnity for the losses which have thus been sustained. The British Government, while refusing to admit the validity of this reasoning,offers to refer the question to arbitra tion ; but on one condition—that in the case sub mitted to the arbiter no account shall be taken of the recognition of the insurgent States as belligerents by the royal proclamation of 1861. On this condi tion it insists, because it considers that the question as to the legality or propriety of that recognition is of a kind upon which " every State must be held to be the sole judge of its duty." The United States, on the other hand, while assenting to arbitration, desire that the " whole controversy" may be referred to arbitration as it stands, not for decision upon its merits, but in order that their demand for compen sation may be laid before the arbiter accompanied by the arguments on which it is founded. It comes, then, to this, that the British Government has re fused, not only to yield to the demand of the United States, but to submit the case, except in a ls very th partial eßritis and n l nation pr i e n p li a ted red to accept to arbitration. tueresp uu aseo oixfboi existing a l t i bfi t egr ? e mii is one et T ol t eh o peoo d dt; e v,h c eie l orx i ngebeipteottnouocsrofeenwfiyopausl war, o f N ot V efo i o t as h ase di t td h toel e pi rn r t g e i t q t ht u uhe i e s n i or t et i l o aly n dis pute is quite another. Arid it may well be asked it s t i e o r n i o u f s t l o h s e s S n o n u d t h i n a j u s r b y e u ll p i g o e n r e a n f t r , whether, if a question suc h as t h at o f t h e recogni einnfldilcytiSntgatase, be not a proper subject for arbitration, any great question of foreign policy can never hereafter be decided by any other than those time-honoured but some what illogical authorities—bullets and cold steel. I p ti ar t i l s ie in p l r B o s to 6 co th ls er a u p s p tu en u d ds ed re t c o urd t e h d e , D on ec t l n a e ra p ti n o r n t o o f f the four great Powers signitaries of that declara tion, the unanimous expression of a hope that in future nations will, before declaring war, refer the matter in dispute to the judgment of a neutral State. It was a British Minister who proposed that momentous paragraph ; it is the British Govern ment that now, on the first opportunity for apply ing it, protests against its application. But Go vernments have short memories; and it is perhaps not surprising, under their guidance, to find a nation which, a decade ago, appeared in the character of general peacemaker and advocate of mutual conces sion insisting, at the possible cost of a fra tracidal war, on the most extreme and rigorous theories of national sovereignty. There is, how ever, no need to rely upon this argument. For in the present case it happens that no one proposes that any decision shall be pronounced upon the right of Great Britain to recognise the belligerency of the South. The United States do not require—on the contrary, they expressly exclude from their require ments—any such arbitrament. Upon the particular question to be submitted to the arbiter, which is the question whether compensation is due to the United States for the losses inflicted by the Alabama and her coadjutors, both nations are agreed. That such an arbitration may be resorted to without prejudice to national dignity both are also agreed. But one of them demands that certain facts and inferences which the other considers material to the issue shall be excluded from the case laid before the arbiter, simply be cause his decision might otherwise be influenced by the solution, in the hidden recesses of his own mind, of a question upon which " every State must be the sole judge of its duty." The decision given by the arbiter will amount, neither directly nor indirectly, neither expressly nor by implication, to any opinion upon that question. He may consider it ; he may arrive at a conclusion upon it, and his decision may be influenced by that conclusion. But what that conclusion is, whether he has been able to form one, or whether he believes that the question has any such bearing upon the particular issue re fsdoenerreroewgdai l t tl o e ef h vr i oe m mr a knn ao t h twi a o. t a h a Al e e n ht e os eaadonacdor honour, o i a d rvd e r es i supposedtthart 0 throughout all time, been guarded against or avenged at a ter rible cost to the world ; this is probably the first time that it has been thought necessary to defend national honour at the risk of the most calamit ous consequences against the secret thoughts of the heart. I trust that it may not be even now too late to hope for a renewal of the negotiations. Will the English people, tacitly acknowledging the morbid sensibilities imputed to it by its rulers, or actuated by the childish fear of being thought afraid, allow itself to be committed to an irreconcilable quarrel with a nation of whose friendship it stands just now peculiarly in need, and to be at peace with whom is of incalculable importance to itself and to the world ? or will it insist on the settlement by way of arbitration, without captious and sensi tive reservations, of a question which ought not to he kept open for a single day, and which an im partial tribunal can alone satisfactorily decide? 1.3 , 13 An invitation has been sent from Berlin toMunich, Stuttgart, and Carlsruhe, to send delegates to Berlin, for the purpose of deliberating on the foundations of the new postal treaty with Switzerland. The Norwegian Govern ment has opened negociations for a new postal treaty, and has for this purpose sent Herr Rye to Berlin. THE CONSTITUTIONAL CONVENTION AD ALBANY ON THE JUDICLIRY. Since the article of last July in the North Ameri can Review, preferring grave and sweeping imputa tions upon the administration of justice in New York, more than ordinary attention has been directed to the Judiciary. The Constitutional Convention at Albany has given much time to the discussion of the subject. Judge Daly, of New York City, argued that the courts ought to be so thoroughly upright and independent that no one could even suspect them of corruption or favouritism ; and alluded to the article in the North American Review as an example of charges against the administration of justice in New York, which, though proceeding from a respectable quarter, still remained un answered. Such an event under the old julicial system was unknown, and the mere fact of wide spread doubt as to the probity of any of the judges was strong evidence not of the want of integrity in the particular persons who might be suspected, but of the defects of a system which left room for suspicion. Mr. Schumacher declared the article to be a foul libel by a notorious corruptionist and an Eng lish ticket-of-leave man ; " the former referring, we understand," says the Nation, " to an eminent lawyer whose worst enemies do not suspect him of the slightest use of corrupt influences, and the lat ter to a well-known literary man of perfectly re spectable character, who, we have good reason to believe, had no more to do with the article in question than Mr. Schumacher himself. This per sonal abuse was the staple of the argument in de fence of the judiciary of this city." Although a general assertion was made that the article in question was false and scandalous, yet, it is well known that many of the charges are true. The Nation asserts that the line of argument pur sued by those who vindicate the existing order of things is personal abuse, which is attempted to be justified by the fact that the imputations so met are themselves attacks on personal character. Charges of corruption must necessarily be personal. It will not do to argue that the accuser is unworthy of be lief because he makes such charges. It must be clearly made out, if the defence be based on this, otherwise it is reasoning in a circle of the worst kind. "The fact is, that the rumours affecting the integ rity of the courts, which are now so widespread, have originated among the most reputable members of the bar, and are most firmly believed by the best classes of citizens. The deterioration of the courts in this city is so universally admitted by all who deal with them that it is impossible to find a respect able lawyer who doubts it. Indeed there has not thus far been found any man, respectable or other wise, who will publicly assert the contrary. It can not be said that this is a mere result of a lawyer's habitual reverence for the past, for there is no want of commendation of the new system in those por tions of the State where it has worked well. The lawyers of those sections are so zealous in their sup port of the elective system as to constitute the greatest obstacle to any change in the mode of select ing judges. Why it is that the bar of New York city presents an almost solid front in favour of a life tenure, and that the great majority of that bar, without reference to party lines, are in favour of an appointed rather than an elected judiciary ? Obvi ously because their experience has taught them that a steady and uniform administration of justice is not to be had under the present system. Even those men who make a profit out of the corruption and favouritism which are now rife feel that their hold is uncertain, that some new power may come in suscept ible to new and adverse influences. They are not, therefore, so unwilling to consent to reform as might be expected, especially if they are men who could command a good practice under a better system. The great obstacle to reform at present lies among the lawyers and farmers of the rural districts, among whom justice is satisfactorily administered, and who do not come in contact with the abominations which sicken the city practitioner. But they will surely suffer in time from the taint of maladministration in so important a part of the State as the city of New York. Indeed, it is well known that the same in fluences which have degraded justice there, are work ing gradually into the rural districts, and although there is at present no reason to suspect that any thing more than favouritism has obtain a foothold in the courts outside of the city, yet there is an entering wedge which may yet lead to worse results. We believe that th e C on vention has not yet made a final decision against a long t enure o f j u di c i a l office. We hope that it will yet decide in favour of it. For bad as affairs are in the city, th e y m ust steadily grow worse for many years to come under a system of frequent elections. The immense tide of immigration mast and will carry the moral tone of the city lower and lower during the next twenty or more years. Some improvement takes place amongst the settled population, but not enough to counter balance the effect of the flood of ignorance that is annually poured in. Weak as are the courts now, they will be filled with weaker or worse judges at every succeeding decade, and the bar would far rather let the courts stand exactly as they are than have new judges introduced from time to time during the next twenty years under the elective system. 'We cannot close without saying that several jud cial officers in the Convention deserve credit for the stand which they have taken upon this ques tion. Judge Monell, we know, and Judge Garvin, we believe, voted for Mr. Evarts's proposition of a life-tenure for judges. But to Judge Daly especial credit is due for the courage with which he acknow ledged the defects of a system of which he consti tutes a part, and the earnestness with which he strove to accomplish a thorough reform. The fact that such a man is able to retain his place upon the bench is about the best argument that can be made for the present system. If all our judges were as able and as upright, we should be well satisfied with an elective judiciary. 7HE LEGISLATURE OF CALIFORNIA. The golden State is attaining to a position of so much interest to the world, and its career is now so keenly watched, that we give the list of the Houses as they assembled on the 2d December last, at the Capitol. Mr. Knox, recently deceased, only was absent from the Senate, and all the House but four were present. L. B. Mizner was elected President, pro tens, of the Senate ; and C. T. Ryland, Speaker of the Assembly SENATE.-E. L. Brady, Placer; David Belden, Nevada ; Phineas Banning, Los Angelos ; Horace Beach, Yuba and Sutter; William A. Conn, San Diego and San Bernardino; N. Greene Curtis, Sacramento ; John Conly, Butte, Piu mas and Lassen ; J. N. Chapelle, Shasta and Trinity ; S. Ewer, Butte, Plumas and Lassen ; J. W. Freeman, Fresno- Kern and Tulare ; Janson J. Green, Contra Costa and Marin ; John S. Hager, San Francisco ; George W. Hunter, El Dorado; Th omas H ar d y, C a l a veras; E. H. Heacock, Sacramento; Ja mes J o h nson , El Dorado ; H. Kincaid, San Francisco and San M a t eo ; W. J. Knox (deceased), Sant a Clara; J. H. Lawrence, Mariposa, Merced and Stanislaus ; E. J. Lewis, Colusa and Tebatna ; F. A. M`Dougall, Mon terey and Santa Cruz ; J. W. Mandeville, Tuolumne, Mono and Imyo ; D. L. Morrill, Calaveras ; H. D. Murcb, Del Norte, Humboldt and Klamath ; P. W. Murphy, San Luis Obispo and Santa Barbara; L. B. Mizner, Solana and Yolo ; J. E. Perloy, San Joaquin ; Win. M. Pendegast, Lake, Naps and Mendocino ; George Pearce, Sonoma ; L. E. Pratt, Sierra ; E. W. Roberts, Nevada ; A. H. Rose, Arnador and Alpine ; Henry Robinson, Alameda ; John H. Saunders, San Francisco ;J. W. Bhaw, San Francisco ; Charles A. Tweed, Placer; A. L. Tubbs, San Francisco; E. Teegardon, Yuba and Sutter; Oliver Wolcott, Tuo lumne, Mono and Inyo; E. Wandsworth, Siskiyou. ASSEMBLY. W. Z.Angney, Santa Clara ; Thus. J. Ables, Mario ; Isaac Ayer, Calaveras ; T. S. Beaver, Calaveras ; Thomas A. Brown, Contra COS ; A. B. Bird, El Dorado ; J. R. Buckbee, Plumas and Lassen ; Marion Biggs, Sacra mento ;T. Battelle, Sierra ;B. J. Broderson, San Fran cisco ; J. C. Brown, Tulare and Kern ; A. J. Bacholder, Yuba ; A. M. Church, Alameda . ; John O. Crig!er, Napa and Lake ; R. M. Cochrane, Butte ; William 11. Cure ton, Mendocino; Paschal Coggins, Sacramento; A. Comte, jun., Sacramento; William Caldwell, Sonoma; Msithew Canavan, San Francisco ; David W. Connely, San Francisco ; L. B. Clark, Yuba ; J. M. Days, Nevada ; G. D. Dornin, Nevada; J. W. Downer, Sierra; Perry Dyer, Shasta ; W. A. Davies, Tuolumne, Mono and Inyo ; John W. Dwiueile, Alameda . Asa Ellis, Los Angeles ; John B. Frisbie, Solano ; J. A.- Fairchild, Siskiyou ; Thomas E. Farish,. San Francisco ; J. B. Gregory, Ama dor and Alpine; W. S. Green, Colusa and Tehama ; Charles Gilded, Eld Dorado ; Francis Ginner, Mariposa JANUARY 21, 1868. Benjamin Hayes, San Diego ; John M. James, San Ber nardino ; T. E. Jones, Trinity ; John M. Kelly, Yolo ; Bruce B. Lee, Sacramento; Samuel L. Lupton, San Francisco ; R. P. Mace, Fresno; Otto Mentzell, Cala veras ; L. J. Morrow, San Joaquin ; R. L. Mattingly, San Mateo ; John H. Moore, Santa Clara ; S. M. Martin, Sonoma; John Middleton, San Ranoisco ; Frank Mahon, San Francisco ; W. T. M'Elhany, Santa Barbara, San Luis Obispo ; B. A. Mardis, Tuolumne, Mono and Inyo ; M. Meagher, Tuolumne and Ingo ; Hugh B. Newell, El Dorado ; J. W. Newsom, Merced and Stanislaus ; W. M. Ord, Butte; Warner Oliver, San Joaquin ; J. J. O'Malley, San Francisco ; George M. Payne, Amador and Alpine ; George Pardee, Santa Cruz ; Jasper J. Papy, San Fran cisco ; 11. G. Rollins, Nevada ; C. T. Ryland, Santa Clara ; Thomas 11. Klamath and Del Norte; A. G. Russ, San Francisco; C. G. Spencer, Placer; B. R. Spillman, Sutter; Elijah Steele, Siskiyou ; Frank V. Scudder, San Fran cisco; J. K. Smith, Yuba; E. C. Tolley, Monterey; C. A. Tuttle, Placer; Charles Westmoreland, Humboldt; John D. White, Nevada ; J. A. Watson, Los Angeles ; M. Waldron, Placer; Chazlos Wolleb, Sacramento; Stephen Willet t' El Dorado ; J. B. Warfield, Sonoma ; and Thomas N. Wand, San Francisco. 211 E LATEST PHASE OF FENIANISM. (From the Nation.) There is, probably, no question of foreign politics which interests the United States at this moment so much as the Irish question. In all other ques tions the interest of Americans may be said to be speculative or sentimental or humanitarian merely. But the Irish question is almost as much a question of American as of British politics. There are nearly as many Irishmen in America who are nominally Americans and bestow their hearts and allegiance elsewhere, as there are Irishmen in Ireland who are only nominally Britons. Moreover, the grow ing power of the Irish element in American politics, combined with the growing determination of Irishmen to make the United States assist, by some means or other, in the solution of the Irish difficulty, opens up nearly as troublous a pro spect, though happily less clouded with moral re sponsibility, for the American Government as for the British. Tho United States occupies towards Ireland now a position very similar to that which France occupied in the last century. After the Revolution of IGBB, and the final overthrow of James 11., the Irish flocked in nearly as great num bers in proportion to population to France as they have during the present century flocked to the United States, with this difference, however, that the Irish emigrants to France were recruits for the French army, while the Irish emigrants to the United States include women and children, and are in search of better food and better cloth ing, and a better future for their descendants. But the participation of the mass of the Irish voters in American politics is due to very much the same feeling as the participation of the Irish troops. in the wars of Louis XlV.—the de sire of annoying and damaging the English. Of in terest in France or her affairs the famous " Irish Brigade" made little pretence, although it is calcu lated that in the first half of the eighteenth cen tury nearly half a million of Irishmen died in the French service. With the French Revolution as an uprising against Church and King the Irish had not a particle of sympathy any more than they had with the late war of the North against the slave holders. The Irish in France probably all stood by the old regime, just as the Irish here in the main sympathised with the Confederacy ; whatever sym pathy the popular cause in France received from the Irish at home, was due to the fact that England was opposed to it. But there was one feature common to both the French Revolution and the late war here which caused them to exert a powerful influence on Irish affairs—each brought a first-class Power into an attitude of hostility to England, and each threw out of employment a large number of Irish men, possessing more or less knowledge of the military art, and eager to use it against Great Britain. Each also—and perhaps this is the more important of their effects—sent a strong tide of Democratic feeling into Ireland, though in Ireland the Democratic wave, whenever it passes over the island, takes a local hue unknown either to Frenchmen or Americans. The French Revolution accordingly produced the " United Irishmen" and the rising of 1798, just as the late war has, we do not say produced Fenianism, but lifted Fenianism from the position of a little whisky - -stained conspiracy in a Chatham-street grog-shop into the rank of a formidable association, aping the airs, and exercising some of the powers, of a regular Government. The United Irishmen had, however, a maddened population at their back who rose and fought like furies, though without a trace of military spirit or of military skill, while the Fenians have only a discontented and hopeless peasantry, who will do nothing for them but keep their secret. The regular Fenian " army" in Ireland, who plunder the gunmakers and hold midnight drills, are gene rally young clerks and artisans from the towns, whose imaginations have been fired by Fenian lite rature and oratory. In campaigning they have proved the most harmless and best-natured men in the world, and will hardly fight as long as any other means of exhibiting their dislike to English rule is left open to them. The immense popularity of the mock funeral rites which have been celebrated so extensively for the men who were hanged in Manchester has been undoubtedly due to the strong dislike to more " active operations " which most of the Brotherhood contracted during the brief campaign against the police last spring ; and the blowing-up of the gaols and assassination of single policemen is pro bably partly a revival of the traditions of " White boyism," which have never wholly died out, and partly a copy of the Confederate operations at the North during the closing year of the war. The hope of the Fenian leaders now is beyond question that England will get into a war some how, with somebody, and that they will then at last find both an ally and a purchaser for their ser vices. Ireland, in its present state of discontent, would be a very formidable auxiliary to a foreign enemy if England ever lost the control of the sea. It was her complete command of the sea which deprived Napoleon of the aid of the Irish malcontents, and made the expedition which landed in 1797 under Humbert at Killala such a complete failure, and prevented the Emperor from ever again attempting to operate against England on this her vulnerable side. In any future war, also, no enemy will ever be able to use Ireland against England which is not able to beat England in a fair stand-up fight at sea, and keep the Irish ports open. A foreign army in Ire land which did not also hold the sea would find itself in a cul de sac. Whether England is still the mistress of the seas, even of her own seas whether the sceptre has not departed from her with the application of steam and iron plating to war vessels—is one of those momentous problems which nothingbut a great war, with France or the United States opposed to her, will solve ; and the solution is so doubtful that we think most Englishmen shrink instinctively—perhaps uncon sciously—from seeking it, just as a man who feels poorly shrinks from having his' heart or lungs ex amined, though persuaded in his own mind that they are sound. There can, we think, hardly be a question that this vague misgiving has had much to do with the firm adhesion of the English public of late to a peace policy, and the strange indiffer ence they have of late displayed to any loss of pres tige which is not caused by positive reverses in the field. Foreign interference in Ireland she would have little difficulty in crushing if she was able to hold the ports ; and the bigger the invading army was, the more rapidly would its fate come upon it. Armies need stores and arsenals ; Ireland would furnish neither one nor the other, and the help the Fenian chiefs would supply woul I be of a kind that would in three weeks either drive a French general mad or cause him to try his Chassepot rifles upon them. An American general woul I be more patient, partly from his greater experience of volunteers and raw levies, and partly from his greater sympathy for the Irish, and partly because his army would be largely made up, under such circumstances, of Irishmen ; but his patience would simply bring his destruction on him somewhat sooner. England, too, has her sympathizers in Ireland. One-fourth of the population are on her side, heart and soul, and they happen, unfortunately for the Fenians, to be the fourth which possesses nearly all the education, money, an I organizing power WI be found in the island. If they were properly let loose at this moment, a very large portion of the country would become far more unsafe for the Fenian leaders than any district in England. AMERICAN GOLD. (From the Wall-. FLUCTUATIONS IN NEW YOB: DECEMBE] 1862. t-i ;:g -street Journal.: LK FROM JANIT) it, 1867. t 1863. .in, 1862, TO 1864. ~—..,........-., 4 1 ;:1 . _ .. co rA o, 7. - t-, Date. 111 al . Cr (D 01 .-e- January par 105 13-1 1601 1511 160 February lO2l 1041 153 172 1571 161 March lOll 1021 139 171, 159 1691 April lOll 1021 146 159 1661 187 May 1021 1041 1431 155 168 190 June lO3l 1091 140/ 1481 Ig9 251 July 109 1201 1231 145 222 285 August ll2l 1161 1221 1291 2311 262 September 1161 124 127 144 185 255 October 122 137 1401 1561 189 229 November 129 1331 143 154 209 260 December l3O 134 147 1521 211 244 1865. 1866. 1867. ..—A- --- --"-• ---, ,---- - - 1 - - - - N t•-•• - Th r- tl gi 15 ;"' g 0 - Q• 1 gr a - 1 rr ..- - a. - m Dato. r. r" . r• r" • . . . January M February 1961 2181 1351 1401 1351 1401 arc April May l2Bl 1451 1251 1414 1341 138 k June 1351 1471 13 7 1 1671 1361 1381 July l3B 1461 147 1511 138 1401 August September October November December PRICES IN NEW YORK IN 1867. Cr When the days do not appear in numerical order :he omitted days aro either Sundays or holidays. JANUARY. Opening. Highest. 132} 133 132* 135} 134 131* 133/ 134-a -13 135 13- 4 11 134 134 134 133, 133/ 1321 134 134 134+ 134} 135 135 135* 1351 137 135 i 137 137* 137 136+ 136} 136/ 137 136/ 136/ 135+ 135 134± 134 133 134 7 134* 1341 134* 134 134 1341 134* 136 134} 135 2d 3d 4th sth 7th Lowest. Closing. 1321 1321 132 1338 133 133 133 134 133 1331 133 4 134 1331 1341 133 f 1331 132 f 134 1331 134 1341 1341 1341 135 135 1351 1351 1368 1361 136 136 136/ 1361 136 f 135 135 134 1341 134 134 1331 134 1341 134 134 134 134 1341 1341 135 1341 1351 FEBRUARY 135 1 1361 137; 1381 137 139 138 J, 1371 136; 1371 137- 137 136, 137 136; 137 137- 138 138 138 139 135 136 136 137 136 138; 140 MARCH. Bth .. 9th 10th 11th .. 12th .. 14th 15. h., 16th .. 18th 19th 21st 22d 23d 24th 25th 26th 28th 29th 30th 31st Ist 2d 4th sth 6th 7th Bth 9th 11th 12th 13th 14th 15th 16th 18th 19th 20th 21st 23d 25th 26th 27th 28th Ist 2d 4th . sth 6th 7th Bth 9th 11th 12th 13th 14th ...... 15th 17th 18th 19th 20th 21st 22d 23d 2sth 26th 27th 28th 29th 30th Ist 2d 9th 10th 11th 12th 13th 15th 16th 17th 18th 19th 20th 22nd 23d 24th 25th 26th 27th 29th 30th Ist 2d 3d 4th 6th 7th Bth 9th 10th 11th 13th 14th 15th 16th 17th 18th 20th 21st 22d 23d 24th 25th 27th 28th 29th 30th 31st Ist 3d 4th sth 6th 7th Bth 10th 11th 12th 13th 14th 15th 17th 18th 19th 20th 21st 22d 24th 25th 26th 27th 28th 29th Ist . 2d 3d sth 6th Bth.. 9th 10th 11th 12th 13th 15th 10th 17th 18th 19th 20th 221 23d 24th 25th 26th 27th 29th 30th 31st Ist 2cl 3,1 sth 6th 7th Bth 137 136 1 /36 137- 4th ~ sth . 6th.. Bth 1344 134 1 133/ 1341 134 131 1341 1341 1341 134, 134 134 APRIL. 131 131 134 135 134 131 133, 133 1331 1334 1321 1331 1331 136 136 136 1341 138 1371 1371 137 1371 136 136 1351 1351 1344 1341 134 135 135 137 4 1381 139, 1394 139 8 1 138 13 1384 138 138 142 140 1411 1391 139 137 137 1341 136 1361 1361 MAY. 1351 1361 135 135 135 136 1364 136 131 137 137 1381 138 138 1381 1381 137 137 1361 1361 135 135 2 , 135 137 1361 1371 137 1371 137 1371 137 137 1 , 1361 137+ 137 137 138 138 1381 138 13:1 138 137 137 136 137 13 1371 137 138 137/ 137 1364 1371 JUNE. 1361 137- 137i -136t 1361 1361. 137 137 137* 137 1371 138 138 138; 1. - 3 - 138 131 1 1381 138 1384 138 138. 138 1381 138 1381 138 138 4 138 1381 138} 1381 JUL Y. 1381. 138; J 381 138; 1381 1381 139 139. 139/ 139, 139 139 ; 1381 138 ; 138 t 138; 1381 139 1 139; 139; _ __ 139/ 1401 144 1404 1404 1401 140 1404 AUGUST. 139-1 1401 140 140 1401 140 f 144 1401 1401 1401 140 140 f 1101 I,loi 136 j 136- 137 136 ; 136- 136 136- 136- 13T 137 ; 137 ; 1371 9th 10th 12th 13th 14th 15th 16th 17th 19th 20th 21st 22d , 23d 24th 26th 27th 28th 29th 30th 31st 2d 3d 4th sth 6th .. 7th 9th 10th 11th 12th 13th 14th 16th 17th 18th 19th 20th 21st 23d 24th 25th 26th 27th 28th 30th Ist 2d 3d 4th sth 7th Bth 9th 10th 11th 12th 14th 15th 16th 17th 18th 19th 21st 22d 23d 24th 25th .. 26th 27th 29th 30th 31st Ist 2d 4th sth • • 6th 7th Bth 9th 11th 12th 13th 14th 15th 16th 18th 19th 20th 21st 22d 231 25th 26th 27th 9th 30th AUGUST (contin 140 1 , 14oi 14ok 1401 140 1 1404 1401 141 1401 1401 140 1401 140 140- , 140 140 1 141 1411 1414 1411 141 141. 141 i 1411 1404 141-, 141 141 140- 141 141,t 141 141- 142 i 141 k 142 1421 142 1 - 1411 1111 SEPTEMBER. 1414 141 141 111 1414 1421 1421 142 1421 142' 142. 142 142 144* 143 144- 1 144 145 146 1461 1454 146 1441 144 1444 144 144 3 1 144 144 k 145 1451 145 143 143 1421 14 , 143 1434 142 1 143 143 144 143 1434 143. 143 143 143 1434 143 OCTOBER. 1431 1431 143 144 1 144 144/ 145 1451 1441 145 145 145 1 145 145 1441 144 143 144 143, 143 1441 144 144/ 144/ 1441 1441 143 f 143 143 1441 1441 144 142 i 144} 144 141 1431 143 143 5 143 1431 143 142 1421 141 1421 1421 1421 142 142 1 141; 1411 1401 1401 NOVEMBER., 1401 141 1411 1411 1401 141} 140 i 140 1381 139 f 1381 1381 138 1381 1394 1391 138 i 139 139} 1391 1394 140 1 140 4 . 1401 141 1411 140 140 i 1391 1401 1391 1391 1391 140 1391 Ib9/ 1381 1391 NOVEMBER (cola 139 1 1401 1401 140/ 139 140 139 1391 139 1391 1384 1381 DECEMBER 1371 137/ 137 1371 -1 1371 • 13i1 1371 1311 1371 1371 1371 1371 137 137 136 136 1354. 1351 1341 1341 1334 133-i 133/ 1341 134 1341 1344 135 133- 134' 133 f 1331 134 134; 1334 133 133 133 1 133 1331 134 134 1341 134 , 133 133 133 134 133 133: 140 39 1 1391 139 139 139 139 140 139' 139 1 4 139 f 139 138 136} 1361 136 t 136 137 137 136 137 1374 1371 136 136 1364 136 135 135 1341 134 133' 133- 1331- 133 1331 1341 133 133 i 133 133 f 134 134 133 k 133 133 k 133 133 133 1331 133 1331 133 132 134 1331 1331 133 133 1331 1331 IMPORTANT TRADE-MARK CASE. A case bearing on the piracy of trade-marks was tried at the May 1867 term of the Court of Chan cery in Hamilton, Canada West, and judgment was given by Vice-Chancellor Spragge on the 3d of the following September. The proprietor of the Perry Davis Vegetable Pain-Killer brought the ac tion to restrain James Kennedy, of Hamilton, from issuing their trade-mark " Pain-killer." The Vice-Chancellor held that the words thus quaintly combined did form a trade-mark, and were not, as the defendant contended, a mere term of description. Had defendant used the designation alone it would have been a flagrant infringement of the plaintiff's right. But the defendant contended that the words used by him, " The Great Home Remedy, Kennedy's Pain-killer," differed so ob viously that to mistake one for the other was im probable. No doubt there were differences in the bottles as well as in the labels when seen together, but the grievance of the complaint is, of course, the use of the words " Pain-killer." The judgment concludes thus I have not thought it necessary to go through the cases on the law of trade-marks which is now well understood. The application of it to particular cases is the diU. culty. I will only refer to the language of Lord Cranworth in Farina v. Silverlock ; it is peculiarly apposite to the case before me: Judges may occa sionally have erred in the application of the law to particular facts, but I apprehend that the law 1 0 perfectly clear, that any one who has adopted a particular mode of designating his particular manu facture has a right to say, not that other persons shall not sell exactly the same article, better or worse, or an article looking exactly like it, but that they shall not sell it in such way as to steal (so be calls it) his trade-mark, and make purchasers be lieve that it is the manufacture to which the trade mark originally was applied. The practice of ap propriating the trade-mark of others has been re probated by various judges, and I have no doubt that. Lord Cranworth used the word steal to mark his sense of its gross impropriety. In the Colima Company v. Cowan, Sir W. Page Wood took occa sion to characterise it in language not more severe than just. ' I cannot conceive,' he said, ' of anything short of indictable offences more discreditable than this course of proceeding.' The plaintiff is entitled to an injunction on the terms prayed for by his bill, and to an account as prayed. The decree will be with costs." Births. LEATHAM—On the 19th inst., at Heath, the wife of S• Leatham, Esq., of a son. MARTER—On the 19th inSt., at Devonport, the wife of Captain Marter, King's Dragoon Guards, of a son. PERKIN—On the 20th inst., at Surbiton, the wife of "{op t ' B. Perkin, Esq., of a son. Marriages. IrAWLETT—WHITFIELD—On the 18th inst., at St. Patir 6 Newington, Surrey, Arthur B. Hewlett, Esq., Consul,o Service, China, sou of Thomas Hewlett, Esq., Harro; on-the-Hill, to Rose, fourth daughter of Richard Guile" Whitfield, Esq., of The Manor House, N e wington' Surrey. MOXON—NEVILLE—On the 18th inst., at Hornsey Churc h, Edward, fifth son of William M. M o r o n, Esq., late of 1 1 ° f Majesty's Inland Revenu e , t o J u li a , y o un g est daught ° r of Frederick Neville, Esq., of Noble-street and liortisor rise. Deaths. BENNET—On the 18th inst., at 8, Eton-terrace, Edinburg h ' Archibald Bannet, Esq., Secretary of the Bank of Se' land, aged 85. BOYSON 011 the 19th inst., at Elm House, Claphani-c6o' mon, Ambrose Boyson, Esq., J.P., aged 63. - LEIGHTON—On the 17th inst., at Chelveston,Northe , mp t°l:e shire, Andrew Leighton, Esq., aged 74. PETTER—On the 18th first. at Thornton-heath, Mr. C.! Potter, late of 1, Garrick-street, Covent-garden, aPc;° d : STRODE—On the 19th inst., Wm. Strode, Esq., of 13e 0 1, Bank, Weybridge, Surrey, and St. Martiu's-le-Gr an aged 51. London : Printed and Published by WILLIAM ANDI I,O I2 of No. 112, Strand, Printer, at TRH SUN Office, N° 1 o f f Strand, in the Precinct of the Se voy, in the Co na Middlesex.—Tuesday, January 21, 1868. ued). 140 140 1401 140 t 140- 1401 140 14011 141 1414- 1401 1401 1411 144 1401 141 14q. 141 i 1411. 1411 iuued). 139, 139; 139 ; 139 ; 138- 13T 3de TE AL da' a n 6, 4 ] 248. a; t( a,PPear oI -____ IIEAL. 1Y 134 134 131 131 134 134 134 134 138; 138: 138 136. 136. 137 136 136 136 136 137 137' 140 1401 1401 140; 140 140 140 Men Fu] the C Th( In the at Mil St. Ja o'cloc A] ABY: Engl2 of F Rom le. ; e A' Thi Navin by iu for tt Solo ~l and NI Of Sa jj ~P. rod u 11)8, 6 ( 248, Inovit 2 4 - , t 1 tull e U Cd "slia4 GI Untae, effect, bald i ~.........,..: ut ions aki n. 'stamp IP T ~.,TABL 24 8 , EL