The Sun. — London, England, 1850-11-05 00:00:00

SPORTING NOTES. No. 19. "KING Jniiw—Thou idle dreamer, wherefore say'st thou so? " PETER —Foreknowing that the truth will fall out so." King John, Act iv., sc. 2. TO THE EDITOR OF THE SUN. SIR,—I very much fear I have been, by the non-appear ance of the usual Note on the Nursery Stakes, on Thurs day last, the unintentional cause of some disappointmsint to the numerous sporting readers of The Sun. This oc curred in consequence of my entrusting the delivery of the Note to that miserable apology for a courier, a friend, who, of course, as is usually the case in instances of this kind, took great care of it by carrying it home, and benevolently giving it a night's lodging in his coat pocket, instead of leaving it at your office, where it should have arrived about noon, and, through the columns of The Sun, in the ordinary course of things have met the eyes of those who take " The Spirit" for their sporting counsellor, in London the same evening, and in the provinces early the following morn ing. What makes it the more provoking is the fact that I had selected Midas and Hesse Homburg (the first and second) as the most likely nags to win, giving, however, the preference to Hesse Homburg, who I fancied at 7st. 71b. had the best of Midas, Bst. 21b.; but the result capsized my judgment on this point, Mdas (by the bye not mentioned in the ring, and backed only by your humble servant and a few others at 10 to I),:admirably ridden by Norman, making all the running, and winning cleverly by a head! The Brother to Drakelow, 7st. 131 b.—ridden off his legs the day before in the dead -and deciding heats with Ariosto and Hernandez for the Glasgow Stakes—ob tained the third place; Paquetta, 7st. 131 b., was fourth, the rest including Phlegra, Bst. 71b.; Miserrima, Bst. 31b.; The Ban, Bst. 11b.; and Harpsichord, 7st 131 b., were beaten off!—the pace good; time, 1 min. 46 secs.; the distance, 7 furlongs 178 yards. The Criterion Stakes running furnished but little criteria to judge by in future struggles; the winner, a good-looking colt by Touchstone, out of Mountain Sylph (belonging to the Squire, who has for the present entirely given up his idea of retiring from the turf), cleverly disposed of Confessor (2d), Ariosto (3d), and nine others, including Coticula, Confidence, Buck hound, and Miserrima; after which performance he was supported in the betting for the Derby at 14, 13, and 12 to 1, the Squire taking 13,0001. to 1,0001 of Davies. My estimate of the pretensions of the favourites for the Cambridgeshire was realized by the running , in every particular, more especially so with regard to Landgrave and The Italian; I remarked in my last Note that Land grave " could have won the Cesarewitch, and HE CAN win the Cambridgeshire," and that " The Italian may run fourth or fifth, I cannot award him a nearer place to Fortune's temple;" the former, as is well known all over England by this time, won a fast run race in 2 min. 4 sec+. very cleverly, and the latter ran home an unplaced fifth. B ,rdeaux, on the strength of having won the 50/. Plate on Monday from end to end, became a favourite at the last moment, and ran Landgrave to a neck by suffer ance; Loadstone was beaten into fits, and so was the King of Oude; in fact, thAre was nothing in the race with the exception of Bordeaux and California, that had the most remote chance of giving the "go-by" to the son of Sir Hercules and Landgravine. My cockboat, California, was wrecked at the very outset by the fall of Adminis trator, or she would have been very close up, perchance the winner! In. past years the racing season closed with the Newmarket Houghton Meeting; this year the curtain will fall on the Downs of Epsom, name to cockneys dear. Tne programme of the Epsom Autumn Meeting speaks volumes for Hr. Dowling's energy, perseverance, and management; all the stakes having filled, and well, too; the Beddington and Autumn Handicap Stakes having, respectively, twenty- eight and thirty-one nominations. The sport commences to-morrow at one o'clock with the Normanton Stakes, whoa the Handsome Doe will essay th task of beating CElipus and Co. A large field (probably fifteen) will start for the Beddington Stakes, including Theseus, Sit. 21b., Truth, 7.. t. 111 b., Britannia, 7st. 101b., 1 •Vbisper, 81b., Empress colt, 7st. Sib., Man chester 73t. 6th., Terpsichore, 73t. 5113., The Incurable, 63t. 121 b., and filly by Epirus out of Dark Susan, 6st. 121 b.; the list named five and Britannia being the lot which, in my opinion, will form the front rank at the finish; The Incurable will justify his appellation if at 6st. 121 b. he cannot manage to pop his nose in front; and the filly out of Dark Susan had better remain " dark" if, with the father on her back, she cannot ob tain a place. The Empress colt and Britannia are dangerous and will run well, but for the absolute winner commend me to the progeny of Epirus and Celeste, placing it and the otheq . thus : TERPSICHORE ... 1 MANCHESTER 2 The Empr2?.s colt, Britannia, and the two light weights in close attendance. At the pre3eat moment it i 3 very difficult to say what will or what will not go for the Epsom Autumn Han- dicap, but I presume Flag-Marshal Hibburd will start some fifteen' or sixteen to be selected from the fol- lowing:- Cossack, 6 yrs., Bst. 71b.-Fagleman, 5 yrs., 73t. 71b.- (d.) Snowstorm, 4 yrs., 73t. 11b.-(d ) Kissaway, 4 yrs., 63t. 121 b. -(d.) Glen Saddel, 5 yrs., 6st. 111b.-Chantrey, 4 yrs., 63t 81b.-Sauter le Coupe, 4 yrs., 6st. 81b.-Ad mirsistrator, 6 pre., 63t. 61b.-(d.) Landseer. 4 yrs., 6st. 61b., or Little Jack, 3 yrs., 6st. 41b.-(d.) Mark Tapley, 3 yrs., 6st. 41b.-(d.) Eva, 4 yrs., 6st. 31b.-Docility, 4 yrs., 6st.-Melody, 4 yrs, 6st.-King of Conde, 3 yrs., sst. 121 b. -(d.) Minimum. 4 yrs., sst. 121b.-Wansdyke, 3 Yrs., sst. 816.-Maria Monti 6 yrs, sst. 81b.-Chief Justice, 3 yrs., 53t. 51b.-Dark Susan c., 3 yr.., sst. 31b. -Cora, 3 yrs., sst. 11b.-Brington, 3 yrs., 4st. 111 b . 3 yrs., 4st. 91b. The division likely to show to most advantage will be composed of Cossack, Fugleman, Chantrey, Melody, Dark Susan colt, Chief Justice, and Cora. Putting these through the sieve of judgment, it leaves Chantrey, Cora, Cossack, and Melody to struggle for the Olympic laurels; but whoever wins to-morrow, the victorious melody, I take it, will be pitched in the key of C, and if it resound not through the chantrey, I must e'en bring the Peruvian heroine or the follower of Hetman Platoff to the rescue of my prophetic reputation. In plainer phraseology, I place them thus:- CHANTREY or MELODY ... ... 1 COSSACK or CORA ... ... 2 The remaining stakes being of but little importance,l shall not touch upon; but before taking my conge for the season, advise th ose who would make money on next year's Derby to back my Derby team, viz.:—The Prime Miniiter, Newminster, Lamartine, and Storm; those who do so will not regret it; all will see very short price; before the day, thus giving good hedging, if not an absolute win. On the first Monday in 1851 it is my intention to take the first general survey of the spring's racing prospects. I am, Sir, yours, &c., THE SPIRIT OF THE TURF. Nov. 4, 1850. PRINCE ALBERT AT YORK. TO TEE EDITOR OF THE SUN. Sist,—To every intelligent and patriotic individual, every right-thinking mind, every generous and noble heart, few circumstances, of recent occurrence, have afforded purer or more unmingled pleasure, than the late splendid gathering in the city of York, the re ciprocation of kindly and fraternal feeling expressed, and the truly valuable and important sentiments which were embodied by the various speakers ; and it is delightful to observe this manifestation of almost boundless hospitality on the part of our most distin guished magistrates and public officers towards each other, and especially in connexion with the approach ing Exhibition of 1851. Such gatherings, such comminglings of sentiment and feeling, must be be neficial, and tend to diffuse a kindly and healthy spirit through the entire community. It was a most auspicious circumstance, in connexion with the recent banquet at York, that his Royal Highness Prince Albert was present, and that he delivered that address which must have afforded so much satisfaction and pleasure to the whole empire. His speech was obviously the gem of the meeting, brilliant as it was. A finer spirit was never manifested by any Prince— so b'and, so condescending, so generous, so dignified, and yet so fraternal. The intelligence of the address of his Royal High ness is most conspicuous. It bears strong marks of a cultivated and superior mind. The correctness and discrimination of his views are very apparent, and the manliness and honesty with which his sentiments are advanced must interest every person of sound thought and feeling. Tile principles which his address embodies, and the spirit which it discovers, do his Royal Highness great honour. The most touching and beautiful passage in his speech, in our judgment, was the refe rence to the late Sir Robert Peel—a reference so tender, so heartfelt, so impressive, and one as just as sagacious, as kindly as well-merited. The subjoined sentences form a part of the finest eulogium on the distinguished statesman which has ever been pro nounced, and coming from such a quarter it is pecu liarly beautiful : " You must have been struck, as every body has been who has had the benefit of his advice upon practical points, with the attention, care, and sagacity with which he treated the minutest details, proving that, to a great mind, nothing is little—from the knowledge that, in the moral a nd intellectual as in the physical world, the smallest point is only a link iu tnat great chain, and holds it appointed place in that great whole which is governed by the Divine wisdom. " The constitution of Sir Robert Peel's mind was peculiarly that of a statesman, and of an English statesman. He was liberal from feeling, but con servative upon principle ; while his impulse drove him to foster progress his sagacious mind and great ex perience showed him how easily the whole machinery of a state, and of society, is deranged, and how im portant, but !aw difficult also, it is to direct s further development in accordance with its funda mental principles, like organic growth in nature. " It, was also peculiar to him that, in great things as in small, all the difficulties and objections occurred to him first. He would anxiously consider them, pause, and warn against rash resolutions; but, having convinced himself, after long and careful investiga tion, that a step was not only right to be taken, but of the practical mode also of safely taking it, it be came to him a necessity and a duty to take it. All his caution and apparent timidity changed into courage and power of action, and at the same time readiness to make any personal sacrifice which its execution might demand." How graceful is this eulogy—how naturally and sweetly expressed! How honourable is the testi- THE SUN, mony, and not more dignified than correct ! What true-hearted friendship towards the departed states man does it discover ! It has done us good to read it, and it reflects additional lustre on the mind and character of the illustrious personage who pronounced it. It is the finest wreath dropped on the bier of him whose loss England and Europe so much lament. Long may the Prince who uttered such noble sen'i ments at York be continued among us as a nation, to be a blessing to our Queen, a counsellor and guide to his illustrious children, and an ornament to the empire. I remain, Sir, yours truly, Bridport, Oct. 31. T. WALLACE. TO THE EDITOR OF THE SUN. Sin,—ln your report last Friday of the person who threw himself off London-bridge, I am made to appear as having been spending the evening at the Grapes public-house, in company with the deceased and his friend ; I beg to say I was merely crossing the bridge on my return from Edmonton, and had never before, to my knowledge, seen either Mr. Woodland or his friend. An insertion of the above will be esteemed a favour, as the report makes me to appear as frequenting pub lic•houses, and which is totally contrary to my habits and inclinations.--I am, Sir, &c., FREDERICK EDWARD JUSTINS. 59, Fenchurch-street, Nov. 2. into the northern waters frustrated, have sailed away to the southward. I must say the whalers are a splendid set of fellows, and at times suff.n. much. They deserve Brest ere,ht; they are r - -iert for lin ern e, genc y. " From vv;olc: I (;.ot u-td , i'corty Iva! bc.t to explore Jours Sound, an.l wi.i ther us Wellington Cnannel. " I sincerely hope that out of the many expeditions rent in search of Sir J. Franklin, something certain may turn up. I feel, as far as lam concerned, quite sanguine as to their being found, if not all, some alive. I fear s curvy has been their greatest enemy. " This will be our last chance for sending letters." iore (2zit;_r be themselves, in order to protect their liberties, and t 3 uphold their religion and their rights. Tae question ..„ that an exfAmple g^ 11')/-0 X 91:! L%u i(1 rgy of tb C we'd., r i ot prk: , off-r a suggestion to the clergy of the Church of England, out prefer to address themselves to the laity of the Church, and to the great body of the Protes• tants of the empire. They reserve for a future time the exposure of the claim thus arrogantly and unex , p,cted intruded, and the results which it assuredly involves. At present they singly and emphatically would urge promptitude of action. It is asserted that this foreign usurpation cannot be reached by any existing law. We do not stop at pre sent to canvas this. It is said that this division of England into Romish sees is innocuous, that it con tains nothing to offend or alarm us, that it is a par celling out of a spiritual realm in which conscience rules, and where temporal sovereignty is silent. Oar answer is, that it is the duty of Englishmen to make that harmless which, if left alone, will be fatal, and to drive back an usurpation which, if it stands un checked, will grow into practical and intolerable tyranny. Tne object professed by the See of Rome is this, to provide for the Roman Catholics of England spiri tual supervision and episcopal control. With their religion we do not intermeddle. With their internal discipline we have no concern. We neither wish nor care to interfere with it. But when they parcel out our country—assign to their bishops our dioceses—commit to their jurisdiction our parishes, and allot to them as their subjects our people, this is a matter vphich does concern us—which invades our rights—which grasps the oldest and plainest powers of the Crown of England. The history of the Church of Rome abundantly attests that claims, originally absurd from their ex travagance, become real from neglect, and that daring usurpations: grow into prescriptive rights. On all sides it is asked—" What is to be done ?" The first step is to lodge a protest as public as the claim—as sovereign as its author—as distinct as its terms. _ _ A foreign state assumes to itself the right to divide England into dioceses—and to assign them to its bishops, and to commit to them our people. Nothing can be more open than this act. Nothing more sove reign than the jurisdiction claimed. Let the highest authority of the English State meet this usurped authority of the Church of Rome. Let the public document which records the claim be as publicly repelled. Let the declaration of this foreign potertate be met by a declaration from the lips of the Queen of England. The mode is plain. The duty urgent. The time is at hand. The Papal See has perpetrated this daring act dur ing the recess of Parliament. No British Minister, alive to the integrity and independence of England, would have borne this tamely for one hour. But the functions of the Government are, it seems, in abeyance ; not so the duties and the powers of the English people. Let them rouse themselves, and throughout the empire give but one indignant re sponse. Let them show the Romish See that the spirit of England is untainted and unsubdued ; and firm as when she repelled the threats and burst the yoke of the Vatican, so firmly does she now defy the usurpation of Rome, and rally her subjects in unyield ing allegiance round the supremacy of its Crown. Let us demand this from Government. In three months the Queen of England will convene and meet the Parliament. Let her not then pass unnoticed an attempt which, continually and successfully repelled by our early English sovereigns, has for the last 300 years been unparalleled in British history. Let the Queen speak the language worthy of the spirit of her great ancestors. Let her declare from her Throne that she has noticed this arrogant inva sion of her imperial rights, and marks it to her people as an insolent usurpation. Let her declare that these assumed offices have no rank within her dominions; that she treats these intrusive prelates as if they had no place within her realm ; that neither i❑ her Court, nor in her Government, will she recognise their offices or powers. Let her, in the language of the noble minded Elizabeth, England's first Protestant Queen, declare, that she " thinks it foul scorn that foreign prince, priest, or potentate should moil or meddle within this realm of England." Does our Government hesitate to use this language ? It does. Does it shrink from its duty to its Sovereign and to the people ? It does. It will not do this, nor venture on it, unless,,it be compelled—compelled by the pressure of a strong and united opinion. Let us extort this from our representatives and from Govern ment. Let us demand this by meetings, by petitions, by remonstrance. If this royal protest be given, then may Great Britain trust that her empire will be yet unbroken ; and that this, like former acts of the Roman prelate, will be vain—his emissaries without rank, precedence, or recognition; that our Sovereign Queen Victoria, bleesed by the continued protection of that King of kirg', whose minister she is, and true to the princi ples to which she swore fealty at her coronation — principles which placed, and which alone will pre serve, her family on the first of Protestant thrones, may reign uninjured by the attempts of that malig nant power which seeks to establish its own rule by trampling equally on the rights of sovereigns and on the peace of nations. This, then, is the practical issue ; and to this we invite earnestly and urgently all who are true to the Church, and who value the rights and liberties of Pro testant England. By the Committee, W. H. BELLAMY, Secretary. National Club, Oat. 29, 1850. STEAM COMMUNICATION WITH THE WEST INDIES. The following correspondence is extracted from the Halifax Journal of the 14th inst.:— Halifax, Sept. 13, 1850. May it please your Lordship,—We the subscribers, merchant shipowners, and others of Halifax (Nova Scotia), beg leave to represent to your Lordship the great inconvenience to which the inhabitants of this province, together with the Canadas, New Bruns wick, and Prince Edward Island, are subjected by the change in the route of the West India steamers, recently sanctioned by her Majesty's Government, whereby the communication between them and the West India Islands via Bermuda, has been entirely cut off, and no authorised channel provided for trans mitting their correspondence except the protracted, circuitous, and expensive route via the United King dom, pointing out in the accompanying notice, issued by the Postmaster-General, which will at once make your Lordship aware of the injurious consequences of this change to the commercial interests of the British North American provinces. Believing that it could not have been the intention of her Majesty's Government, in sanctioning the pre sent arrangement, to leave the inhabitants of these provinces thus virtually dependent on the uncertain• departure of merchant vessels for the transmission of their letters, we beg leave to suggest the establish ment of a mail communication by steamers between Jamaica and St. Thomas, and Bermuda, to connect with that now existing between Bermuda and this port, in order that the postal facilities heretofore en joyed may be restored. Your Lordship's knowledge of the public interest involved in the re-establishment of this communica tion, as well as the desire you have manifested to promote the commercial interests and develope the varied natural resources of the different possessions of her Majesty within your command assure us that your Lordship's influence will not be wanting, and we therefore most humbly and earnestly beg that your Lordship will be pleased to urge upon the Lords of the Admiralty the adoption of the suggestions now respectfully submitted, or that some other arrange ments equally or more convenient may be made to secure an object of so much importance as a regular and direct transit of the correspondence between these colonies and the British West Indies. We have the honour to be, Your Lordship's most obedient, humble servants, Signed by all the pri Vncipal Admiral, merchants of Halifax. To Lord Dandonald, ice- Commander-in-Chief. Wellesley, at Halifax, Sept. 23, 1850 Gentlemen, —Having read with interest and atten tion your very convincing representation of the con sequences to the commercial interest of these pro vinces as connected with their trade to the West Indies by the withdrawal of the Royal mail steam packets from Bermuda, it will afford me great plea sure to convey to the Lords Commissioners of the Admiralty your sentiments, in confirmation of the representations which I have already transmitted from the House of Assembly at Bermuda, and of the opinion I bad previously given of the injurious re sults of that measure. I beg to assure you that I sensibly feel the compliment you are pleased to pay me by expressions of your opinion that Idesire to pro mote the commercial interests and develope the na tural maritime resources of the different possessions of her 111ajesty within the sphere of my command, and that it will especially gratify me to be the means of contributing in any way to the advancement of the welfare of this most interesting province. I have the honour to be, Gentlemen, Your obedient servant, DUNDONALD7 Vice-Admiral, C o mmander-in-Chief. Messrs. W. Pryor and Sons, and the Merchants, Shipowners, &c., Halifax. The receipts of the Government Railway in Bel gium in the month of September last, were 1,619,8961. ; of these 919,427 f. were for passengers, 508,917 f. from heavy goods, the rest from parcels, carriages, cattle, &c. In August, the total receipts were only 1,533,902 f., being an augmenta tion in favour of September of nearly 86,000 fr. LONDON, TUESDAY EVENING, NOVEMBER 5, 1850. LAW INTELLIGENCE. COURT OF COMMON PLEAS, Nov. 4. (S: titikr; in E::1;:co, ',rod JERvis, 1 >. ~ ~. 3t. ;;.e;. ~ .;i.,~ ••• • :)- • • lrge states In the et,urit.) S ,11.cd, and tau This was T ~ ;~ spi; 7,71 - Im, turnEd upon whether Thcdnas Bainbripze, the t-stator, was in his right mind, and capable or transacting busi ness at the time of the execution of a certain testamen- tary paper; but in addition to this it was charged that if the testator was in his right mind, then that his signa ture had been obtaited by fraud. The case came on for trial before Lord Campbell at the last assiz's for Staf ford, where a verdict was returned for the lessee of the plaintiff. Mr. KEATING, Q.C., now moved the Court for a rule calling upon the lessor of the plaintiff to show cause why the verdict found should not be set aside and a new trial had, upon the ground that the jury had de cided against the weight of evidence. The Learned Counsel stated that the matter arose upon an issue directed by the Court of Chancery, and that the pro perty involved was of the value of 3,0001. a year. The principal question was, whether a will made in the year 1818 was executed by the testator whilst he was in a proper state of mind .to do so. The testator came into possession of the property in question upon the decease of his father in 1798. During his father's lifetime it ap peared that he had formed an improper intimacy with the housekeeper, which resulted in the birth of a daugh ter, who was called Elizabeth Bainbrigge, and of whom he became so fond that he cut off the entail of his estate and divised the property to her. In 1808 Eliza beth Brainbrigge was eighteen years of age, and about that time she became improperly connected with a coachman, and had a daughter, named Mary Ann. This conduct enraged the testator, and in consequence ho al tered the disposition of his property, giving to Eliza beth only a small provision, and to her daughter Mary Ann the bulk of the property for life, and he kept her in his house. Notwithstanding what had happened, Eliza beth became again pregnant, the person connected with her this time being a young man named Arnold, the son of a tenant on the estate, and who afterwards mar ried her. On the part of the plaintiff a great deal of evidence was produced at the trial, to show that the tes tator was not in a sound state of mind ; and, among other things, it was-sworn that he had been seen with a slaughtered bullock on the top of his carriage, and that he had made .es pig drunk by putting gin into its victuals, and said it was not fit to eat when killed. for it had the gout. He had also run a horse at the Derby races, which horse was unfit in every respect for run ning, and was ridden by a man not dressed as a jockey, but who et e; in his shirt-sleeves. This trans action, however, it was contended, was not very material to the issue, inasmuch as it occurred as early .as 1841. and before the execution of the codicil, which, according to the plaintiff's case, was properly executed. The testator was also stated to have fallen out with the jockey who rode the horse, and refused to pay him, upon the ground that he had not complied with his directions, those directions being " to get first and keep first." The testator, beyond all doubt, was a most eccentric man, and behaved in a most extraordinary manner, but not in such a way, it was submitted, as to warrant the conclusion that he was mad. He was a most violent temper, and upon all occasions swore fearfully, and he drank to an enormous extent. His dress also was remarkable, and had the eff ct of attracting the at tention of boys in the street, one part of it being a bat crushed and broken, out of all shape, and his feet dif fered from each other in the style in which they were clad, one of them being covered with a Wellington and the other by a shoe and a gaiter. One witness stated that he had seen the testator in his carriage, which as in a deplorable state, with harness to match ; end the driver was suited to the equipage, he having on a smock Sreck and a het bound wide a hay band. Another fact stated by the Solicitor-General at the trial, in support of the testator's insanity, was, that be had sentenced horses to transportation, and undoubtedly he had shut one up in the stable, but this occurred before the execution of the codicil of 1815. An auctioneer was called, who stated that he had dined with the testator in 1817, when he was suffering an at tack of the gout. On this occasion the testator ordered a labouring man, who was in attendance upon him, to bring in a bottle of porter, which he (the testator) en deavoured to open, when the auctioneer, who was behind him, made a noise with his mouth, and the testator then told his servant to take the bottle away and open it, for the devil was in it, The servant, by some mistake, dropped the bottle on hi; master's gouty toe, who ex claimed, " You have killed your master, and I subroena all persons here to go to Stafford against you." Subse quently to this the servant dropped the saltcellar, and then the testator flung a knife at him. On one occasion during a fit of the gout, he had asked a witness if he had ever seen the devil, and upon receiving the reply " Never," ho said he had been with him all night; but it was submitted by the Learned Council that evidently all that was meant was that he had been suffering pa roxysms of the gout, and his allusion was not to the devil, as that personage was originally spoken of, but of the devil which had been tormenting him. Ho thought this was nearly all the evi dence brought to prove insanity, with the exception Of this, that the little girl, Mary Ann, being at the time about eight or ten years of age, was sworn to have used the most disgusting language, to have acted with most precocious depravity, and to have conducted herself in contempt of all the rules of decency. The way in which this was used was this. It was submitted to the jury that the testator could not have been sane, or he would not have permitted such conduct, but there was great difference between witnesses upon a material point bear ing upon this, for although some of them said that the disgusting conduct was exhibited in the presence of the .estator, others stated that the child was exceedingly careful to keep her bad actions from his cognizance. There was no doubt that the testator was eccentric, but how did it happen if he was mad, that his relative took no steps to protect the property, for here was an estate of 3,0001. a year, and it was not often that a man pos sessed of an estate of that value went mad without some of his relations interfering. In opposition to this case, the counsel for the defendant (Mr. Keating) got up to speak at nine o'clock at night, the plaintiff's case having occupied the whole day, and requested that the trial should be postponed until the next day. His Lordship, who was expected on the following day (Saturday), to .it at Shrewsbury, was compelled by his public duty to request the Learned Counsel to proceed, and the result was, that the Learned Counsel was obliged to address the jury at that late hour, and did not conclude his speech until nearly one in the morning. Mr. Justice Mesuaz—Probably you were the only person in court who was not fatigued.--(Laughter.) Mr. KEATING could answer for the jury being fatigued. When he commenced a fresh paragraph in his speech, he saw despair marked upon their countenances— (Laughter)—but he would do them the justice to say 'hat they did everything which men could do to keep awake. Their Lordships, however, knew that human endurance had its limits, and could fancy in what sort of a sta'e the jury were to comprehend such a dry case as he had to lay before them. On the next day the evi dence of the defendant was produced. In the course of , he case, a great number of documents were produced, and, among other things, the correspondence of the tes tator, and that showed that his mind was perfectly sound. There were also books, in which he had made entries; 4n d although the Solicitor-General was allowed to take those books home to his lodgings, and examine them, yet he did not venture to comment upon a single entry in them; a strong proof that everything there was perfectly correct. A great number of witnesses—tenants upon the estate, with whom the testator had entered into con tracts, and tax-gatherers arid collectors to whom he had paid money, were produced, and they were all of opinion that he was sane. There was also a deposi tion by Dr. Greaves, a brother magistrate of the testa tor, who believed him sane, but he would not speak much as to the time shortly before the testator's death, in 1818, not having visited him, in consequence of his having been offended with Dr. Greaves for not having punished a servant of the testator who had misbehaved himself with sufficient severity. The trial "dragged its slow length along" until Tuesday morning at half-past two o'clock, when it was finished, and ho put it to their Lordships to say, whether they thought that under these circumstances the case had been properly tried, and whether in a cause in which such a large sum, and such serious charges were involved, they would not grant a new trial. One matter which had great weight with the jury, was a deposition of a person who attended upon the testator in his last illness, which deposition bad been made by her just previous to and in anticipation of death, and she stated that at the time of the execution of one of the testamentary papers, the testator was incapable of knowing what he was about. There was one circum stance, however, about this deposition, and that was, that it was made thirty years after the event took place, when the memory could not be so perfect, and that the statements made were contradicted by numerous wit nesses. Then there was a statement by General Bain brigge of what he thought took place upon the reading of the will, which, giving that gallant officer every credit for sincerity, was manifestly incorrect. The gallant general said that at the reading of the will after the funeral, Mr. Blair endeavoured to keep him as much in front as possible, so that he should not see the document, but that being too old a soldier to be taken in that way ho had gone behind and looked over Mr. Blair's shoulder. That Mr. Blair then turned his shoulder so as to keep the will out of sight; but that he airain shifted his position, and then had a full view of the will, and saw that there were several blanks and pencil marks in it. He said, also, that he then beckoned to his cousin, who came and saw it in that state also. But what was unaccountable was, that neither the Ge neral nor his cousin ever said a word about it; that the former went abroad, and the latter died; and that it was not till ten years afterwards, upon his return from India, that he bethought himself of it, and then upon going to Doctors' Commons to see the will, ho fancied it had been altered, and, as ho expressed it, that it looked as if some loaves had been substituted. But if their Lordships would grant the rule the will should be produced for their inspection; and it should be remem bered that Me Rushton, who was then clerk to Mr. Blair, but was now a solicitor practising for himself, swore that he copied the will for execution from Mr. Blair's draq, and that it was now in precisely the same state as when ho copied it. The omission of Mrs. James's name in the last will was much commented on, but after all it was a small circumstance to weigh against positive evidence. It appeared that old Arnold died in the latter end of 1817, ant as the enmity was between him and the testator, after Arnold's death Mr. Bainbrigge sent for the son, and said to to him, "Though I have drawn the sword I won't say that I shall never sheath it;" and again, " I may do something for your family, but you shall never have any of my money." Now. this was sworn to, not only by Arnold, but by three disinterested witnesses, who were present at these interviews and heard the testator make use of these and the like ex pressions. Mr. Justice MAIILE—Did the Chief Justice intimate any opinion as to the state of the testator's mind? Mr. KEATING —No, my Lord. tho jury ss n whole, and did not n.t; iv. 3 pin:utliT left the case to the points nepa- !Av.. , jury no bk , cawie ihere WAS a Mr. KEATING—Lord Campbell did not give any opinion on the testator's sanity, but he dwelt much on his debility and inclmpetency from illness. Ile strongly advised them ti look at the caso as a whole. Mr. Justice MAULE—If the Chief Justice bad left the issue in separate questions to the jury he must have given them the option of answering them. They might not have been unanimous as to either of the questions, and yet be unanimous in finding for the plaintitE Mr. KEATING was proceeding, when, after a brief deliberation, The LORD CHIEF JUSTICE said—You may take a rule. Rule nisi granted. COURT OF EXCHEQUER, .Nov. 4. (Sittings_ in Middlesex at Nisi Prius, in Michaelmas Tenn, before Mr. Baron PLATT and Common Juries.) The first sittings at Nisi Prius for the present term were commenced this morning. The cause-list contains one case less than at the cor responding sittings of last year. SEDUCTION.—FOSTER V. HOWARD. This was an action to recover damages for the loss of services sustained by the plaintiff by means of the seduc tion of his daughter by the defendant. Mr. it. Chambers, with Mr. Lush, appeared for the plaintiff ; and Mr. Sergeant Wilkins was retained for the defendant. It appeared from the evidence of Mary Ann Foster, the plaintiff's daughter, that she is now übout seventeen years of age, and is one of eight children. Her father is a brickmaker at Barnet, and the defendant, also oc cupied in the same business, lives at Hadleigh. They were both en intimate terms, and the de'endant was in the habit of visiting the plaintiff at his house. The de fendant, who is about forty years of age, is a married man, and the father of four children. The witness had known him about three months, when he went to her father's house in the course of last year, and obtained permission from her parents for her to go and live at his house and keep his wife company. Ou the last day of September, 184, the defendant fetched her away in a gig in the evening. Passing through - the village of Bar net, he asked her to go into the Salishury Arms, to take a glass of wine, which she refused to do. They then drove on, and it appeared that the defendant purposely went out of the proper road It was then quite dark, and after they had proceeeded some way he took some im proper liberties with her. The girl threatened to leave him and return home. He then desisted, and drove her straight to his house. She was accommodated with a sleeping-room immediately under the apartment occue pied by the defendant and his wife. About fourteen days after she had been in the house the defendant one morn ing entered her room between five and six o'clock, for the purpose of removing some gig cushions. She was then asleep, and when she awoke he was sitting on the aide of the bed. He asked her to accompany bim to London, and go to the play, but she declined to do so. He then began to wrestle with her, and she threatened to tell Mrs. Howard, and got out of bed, and went to wards the door, against which the defendant pla - e3 himself. After some parley the defendant threw her on the bed and effected his purpose. The witness said nothing of this treatment to any one, and in about ten days atter the defendant again entered the room about the same time in the morning, and repeated the act. On that occasion he asked her to accompany him to London, and offered to purchase her a gold watch sad a satin dress, all of which she declined. She soon after returned to her father's house, and the de fendant came there and requested her to go back, but she declined to do so, and her mother said she need not do so if she did not like to go. She said nothing of the treatment she had received to any one, until it was dis covered that she was in the family-way, that was in the month of March, and on the 12th of July following she gave birth to a child. It appeared from her statement that her father, the plaintiff, was so deeply incensed at her conduct that he had not spoken to her. The girl was closely cross-examined by Mr. Sergeant WILKINS, but nothing material was elicited except the clear est ►blishment of the fact that she had not called out or made any effective resistance when the defendant at tempted to seduce her on the first occasion, or when he repeated the act ten days thereafter. The window of the apartment looked into the stable-yard, where the defendant's man was at work, and Mrs. Howard was in the room immediately above them. Nor had she made any statement of the treatment she received to a single person. She had an opportunity of returning to her father's house by the coach which passed daily, but did not avail herself of it. She denied that she had any im proper connexion with any other men, and in answer to a question from the Learned Sergeant, expressly denied that she had ever kissed the defendant while at break fast, or given his little son a piece of money to procare his silence. The plaintiff's foreman was called to prove a conver sation he had overheard between the defendant and the plaintiff and his wife. Mr. Foster said, " Oh, Howard! you have ruined my daughter." To which the latter made no reply. When the plaintiff entered the room, he said, You scoundrel, how could you treat me thus? You have ruined my daughter." The defendant replied, "Itis a bad job. Let us settle it as well as we can. I would not that it had happened for a thousand pounds. What will my poor wife say ?" The plaintiff rejoined, " What will my poor daughter say ?" Mr. M'Pherson, the landlord of the Woodman, at Barnet, as a friend of the family, had seen the defendant, and deposed to a conversation in which the latter ex pressed his willingness to pay all the expenses, and make a weekly allowance for the support of the child. The surgeon, who had attended the girl in her confine ment, stated the cost at from 8/. to 9/. These witnesses all concurred in stating that the plaintiff was very strict in the government of his family, and that his daughter, prior to the occurrence referred. to, was a prudent, modest, well conducted young woman The seduction had deeply affected the father, who ap peared much depressed and seemingly heart-broken. This was the case for the plaintiff. Mr. Sergeant WILKINS 1:10w addressed the jury for the defendant, in an eloquent speech, and contended that all the circumstances of the case went to show that the plaintiff's daughter must have been a consenting party to the intercourse; for she not only had not screamed out, or raised any alarm in the house, which she might have done upon being awakened by the liberties the defendant was taking with her on the first occasion. The defendant's wife was in the house; the ether members of his family as well too as the servants of the house, all of whom she had had it in her power to arouse by a scream. But she had not screamed. Might it not, then, be inferred that she had been a con senting party to the intercourse ? Again, how was it that ahe had remained in the house for some time after wards, and without mentioning what had occurred ? Then, how had it harpened that after her return home she had been altogether silent upon the subject, until when, at the expiration of several months, the alteration of her personal appearance had opened the eyes of her parents to the fact? In what way was this silence to be accounted for, otherwise than that she had herself been a consenting party ? Had that not been so, he was prepared to contend that the connexion never could have been effected so long as the girl had retained her strength for resist ance. And this position he took up upon the authority of all the lending German and French surgical sages, who had hid it down as a well ascertained fact that no woman could he ravished whilst her powers of resist ance listed. Four months had elapsed between the perfection of the intercourse and the girl mentioning the aff.sir t 3 anybody, and even then there was no evi dence to show that she would have said anything upon the subject had not her external appearance led to an. inquiry. So much for the girl herself. And now he came to the question as to what was the amount of loss of service which the father had sustained. He submitted that no loss had been proved. Her character, her chastity, her reputation, his Learned Friend had said, were gone, were lost, and he had added that she was pure, spotless, and innocent. Was she? No. Then should he treat this as a simple case of bastardy where the reputed father had offered, rather than the matter should come within the kno eledge of his wife and family, to pay all the expenses and to make the girl a weekly allowance. The acceptance of that offer, he was of opinion, would have been a wise course. In con clusion, the Learned Sergeant submitted that whilst there had been no corroboration of the girl's statement, so there hal been no evidence of any loss of her services having been sustained by the plaintiff, her father. Mr. Baron PLATT, in leaving the case to the jury, said that this was one of the moat painful class of cases which came within the notice of a court of justice. It was that where a man who, being a husband and the father of a family, had taken to his house the youthful daughter of a friend and haul seduced her. But there were features in the case which led to the conclusion that she had not behaved in so satisfactory a manticr as she ought to have done. She had not only not given any alarm at the time of the commission of the offence, but she hed even submitted to a second act of sexual inter course, and allowed some months to elapse without have ing made any complaint, or giving her own family an intimation of the treatment she had received at the hands of one of that family's friends. The jury would look at all the circumstances of the case, and say what amount of damages the plaintiff was entitled to. The jury retired for a quarter of an hour, and then returned with a verdict for the plaintiff—Damages, 2001. SHIP NEWS. QUARANTINE NOTICE. Lisbon, Oct. 25. The Board of Health of the 25th inst. declare that in consequence of the inefficiency of the Lazaretto at Oporto, vessels from infected or suspected ports will not be ad mitted in the River Djuro, but must proceed to Lisbon or Vigo to perform the necessary quarantine. LIVERPOOL, Nov. 4,—The tiovernor Varty, hence for Buena Ventura, put into Monte Video the 6th of Aug. leaky, 86c., having encountered a severe gale on the 29th of July. The Alexander, ,Wise, the Tani O'Shanter, and the Seraph, hence, have arrived et Montreal. The Mary Sharp and the Mountaineer, hence, have arrived at Quebec. Wind W., strong, cloudy. THE EXHIBITION OF 1851. The following document was issued on Saturday to all the local committees of the United Kingdom by the Executive Committee : " Sir,—l am instructed by the Executive Committee to lose no time in acquainting you, for the information of those parties who may have applied for space in the building of the Exhibition, that within the List three days the fresh demands for space from com mittees which had not made returns until this late period, and the demands fJr increased space from committees which had already made large returns, have been so numerous and incessant, that it will be some days before the returns can possibly be digested, and the total quantity of space demanded by the United Kingdom ascertained. In the mean time the Executive Committee are in the position to say that as the total demands ot.the United Kingdom very greatly exceed the amount Mt can possibly be provided in the building, exhibitors must be prepared to submit to a strict exer cise of judgment on the part of the local committee, so as to reduce the total demands of space to the amount that the building will furnish. "I am, Sir, your most obedient servant, " M. DIOBY WYATT, Secretary. THE PAPA I. ARCHBISHOP OF WESTMINSTER. The following address has been presented to the Bishop of London, from the dignitaries of St. Paul's Cathedral : " TO THE RIGHT REV. CHARLES ZAKES, LORD BISHOP OF • LONDON. " May it please your Lordship,—We, the undersigned, the dean, the canons, the prebendaries, and minor canons of the Cathedral of St. Paul, desire to approach your Lordship with feelings of the deepest anxiety.':..,. 1 "We have seen with great regret the increased and increasing aggression of Romanism upon the pure and reformed branch of the Catholic Church of Christ to which we belong ; more especially we have read with indignation the bold endeavour of the Bishop of Rome to exercise a power which is the sole prerogative of our beloved Sovereign, and to confer titles which imply un limited spiritu,l jurisdiction. " We consider this to be an invasion of the rights of the Crown, and an attempt to restore a state of tyranny from which our Church and people were so mercifully delivered by the glorious Reformation. " We consider the language held by one whom we can only designate as the nominee of a foreign prelate "to be an infraction of the spirit, if not of the letter, of the common and statute law of the realm; we look upon it as dishonourable to our God and the Gospel preached by our Church. "We cannot allow a foreign prelate to arrogate to himself unrebuked the title of Supreme Ruler of the Church of Christ, nor read without the greatest asto nishmenti hat one who, if not a foreigner by birth, is ye; deputed by a foreigner, should maintain that ' he will govern, and shall continue to govern, the counties of Middlesex, Hertford, and Essex, as ordinary thereof; and those of Surrey, Sussex, Kent, Berkshire, and Hampshire, with the islands annexed, as administrator with ordinary jurisdiction.' " We assure your Lordship of our determination, in dependence on God's grace, to uphold the supremacy of the Crown, as declared in Acts of Parliament and. canons ecclesiastical, without any mental reservation, and t a maintain at once the independence of our Church and the rights of conscience, which it is this country's pri vilego still so fully to enju. We do not hesitate, bko a ise, to express our own determination to keep in mind the vow which we took upon ourst-lees at eur ordination, ' to banish and drive away all erroneous and strange doc trines contrary to God's word;' and such we believe to be much of the worship, as well as the peculiar dogmas, of the Church of Rome, " We pray that the God of all grace, who has solely by his mercy and Providence protected our Church and land, may give your Lordship wisdom and strength, a; this momentous crisis, to maintain the paramount im portance of the pure word of God, and, in the midst of times of strife and violence, to uphold the peace-giving principles of the Gospel of Truth. " H. H. Millman, Dean. H. H. Hale, Canon Residentiary. Thomas Dale, Canon Residentiary. J. Endell Tyler, Canon Residentiary. J. Montagu Villiers, Canon Residentiary. Thomas G. Hall, Prebendary. R. W. Browne, Prebendary. Thomas Robinson, Prebendary. Henry Penn, Prebendary. Thomas Hartwell Horne ' Prebendary. Thomas Boyles Murray, Prebendary. Alexander M'Caul, Prebendary. H. U. Norris, Prebendary. Richard Harvey Prebendary. James J. Round, Prebendary. Derwent Coleridge, Prebendary. R. G. Baker, Prebendary. Thomas Henderson, Prebendary. C. B. Dalton, Prebendary. Jno. Smith, Prebendary. G. Randolph, Prebendary. W. A. Soames, Prebendary. ' J. VV. Vivian, Minor Canon. W. J. Hall, Senior Cardinal and Minor Canon. E. G. Beckwith, Succentor and Minor Canon. J. T. Bennett, Warden and Minor Canon. J. V. Povah, Divinity Lecturer and Minor Canon. J. H. Coward, Epistolar and Minor Canon. W. Calvert, Gospeller and Minor Canon." T HE PAPAL AGGRESSION. To TIIE QUEEN'S MOST EXCELLENT MAJESTY;" The humble address of the undersigned inhabitants of the town and neighbourhood of Shrewsbury. May it please your Majesty, We, your Majesty's dutiful and loyal subjects, ac tuated by sentiments of firm attachment to your la jesty's sacred person and office, and by a deep-rooted love and veneration for the reformed religion, under which this country has, for many years enjoyed, by the goodness of God, the blessing of a pure, holy, and spiritual faith, desire to express to your Majesty the mingled sorrow and indignation with which, in common, as we believe, with the entire body; of Pro testants throughout the land, we regard the recent attempt to re-establish in England an organised Romish hierarchy, and subjugate her to Papal control. That such is the true nature of the recent mea sures of the Bishop of Rome (notwithstanding an at tempt which has been made, with jesuitical duplicity, to explain away the obvious and natural meaning of words and actions), is abundantly evidenced and made manifest by the tenor of the edict, by which that prelate arrogates to himself the parcelling out of your Majesty's dominions into episcopal districts, to be under the government of ecclesiastics of his no mination, with titles derived from some of the chief cities and towns of this kingdom; and also by the equally or even more presumptuous and aggressive language held by those who claim to exercise spiritual dominion in their assigned districts, by virtue of the edict alluded to. We consider these proceedings to be insulting to your Majesty, derogatory to you r c ro wn an d dignity, and a most illegal assumption of power, in direct vio lation of the principle of the Constitution, by which no foreign prince, person, prelate, state or potentate, bath or ought to have any jurisdiction, power, supe riority, pre-eminence or authority, ecclesiastical or spiritual, within these realms—an outrage on the most sacred feelings of Protestant Britain—and fraught with danger to the tranquillity and well being of your Majesty's subject:, as openly intimating a design eventually to subjugate England to a domi nation against which our ancestors, with a deep sense of its numerous errors, corruptions and degrading su perstitions, combated earnestly, anxiously, and, by the Divine blessing, successfully. We are disposed to believe that the present offen sive measures of the Pope have been instigated by a most erroneous estimate of the true sentiments of the great body of this nation, and that the result will in contestibly prove that the same principles which, at the Reformation tended, by God's assistance, to rescue this country from the degrading thraldom, scandalous practices, and corrupt doctrine of the Romish Hierarchy, by the substitution of a pure, biblical, and apostolical worship, are still deeply rooted in the hearts of your Majesty's subjects throughout the length and breadth of the empire. Firmly determined to uphold the spirit of that constitution under which this country has enjoyed the mild sway of a long line of Protestant sovereigns, we would most humbly entreat of your Majesty to adopt such measures, with the advice of your Council, as may, under the Divine blessing, at once and effectu ally prevent the threatened usurpation of power in this land by th e Bi s hop of Rome and his delegates—an usurpation without parallel since the days of the Reforraation. In conchision, we pray Almighty God that lie may be graciously pleased to continue to this hitherto favoured land the bl ess i n g s of our Reformed Religion in apostolical purity and holiness, and to vouchsafe to your Majesty a long and peaceful reign over a grate ful and united Christian people. Address to the Protestants of the Empire by the Com mittee of the National Club. The clergy of Westminster have set a noble ex. ample in conveying to their diocesan their deliberate protest against the late encroachment of the Church of Rome on the rights of the State and Protestant people of England. On the presentation of an ad dress to him to that effect, on Friday, the 25th inst., they were informed that it was not the intention of her Majesty's Government, as then advised, to pro test against this formidable and unprecedented attack on our constitutional rights. The Committee of the National Club, therefore, deem it imperative on them to appeal to the English people, and to urge them, on so grave a question, in which the Government is thus quiescent, to rouse GERMAN Y. The new Minister of Foreign Affairs of Baden, M. de Rudt, has declared both in private and in the Couneil of Ministers that he will adhere to the policy hitherto followed and to the alliance with Prussia. The Frankfurter Journal of the 31st states that it has received intelligence that General Hahn is charged to propose to the Lieutenancy of the Duchies an amnesty of six months. Such an amnesty, it remarks, would be equivalent to the abandonment of the cause of the Duchies. The German Gazette of Frankfort, of the 31st ult., says :—" We have been informed from good authority that the Austrian and Bavarian troops will this day cross the frontier of Electoral Hesse ; but it is not be lieved that any conflict will result from that step, as the Bavarian troops have certainly received orders to I avoid all collision. It is also thought that the Prus sians will this day enter Cassel." The Cologne Gazette, under date of Frankfort, says—" The Hessian troops of Hanau and the neigh bourhood, as well as of Bockenheim, have received orders to dismiss from 25 to 30 men from each com pany, who are required to deliver up all their arms and equipments. It is probable that the same mea sure will be applied to the troops of Cassel on their arriving in the province of Hanau. It is thought that there is an idea of disbanding the army, and afterwards of re-organizing it." The Cologne Gazette contains the following letter from Berlin, dated October 30 :—" M. de Persigny has, it is affirmed, given here very satisfactory ex planations relative to the views of France with re spect to the Duchies. The news from Warsaw are not equally satisfactory. The Emperor of Russia has, it is said, declared in favour in all things of the absolutists of Austria, the constitutional system of Prussia being displeasing to him. His desire is to come to a close with the outbreak in Hesse, and to reconstitue Germany on the basis of the treaties of 1815. It appears that independently of the oral conferences, written communications were also used to hasten the conclusion. The Count de Brandeburg is expected here to-morrow or the day after. A co-operation with the Austrian troops, or the Federal ones, is not to be thought of.. The funds have fallen." The Cologne Gazette states from Vienna, 25th ult., that considerable reinforcements are being marched from Hungary into Bohemia, in order that the army there concentrated may be able to take the field at the first signal. The artillery from the garrison of Vienna are to go into the fortress of Bohemia. INVASION OF HESSE BY THE AUSTRIANS AND BAVARIANS. A Frankfort letter of the Ist inst., in the Kolner Zeitung, states that at one o'clock P.M. on that day, a Bavarian corps of 8,000 men, under the command of the Prince Thurn and axis, and accompanied by 1,000 Austrian rifles and 20 field pieces, entered the city of Hanau. The corps having been reviewed in that city by the Prince Taxis, a strong detach ment of it proceeded in the direction of Gelnhausen. The head-quarters remained at Hanau, supported by 3,500 troops—horse, foot, rifles, and artillery. Their entry was very sudden, and so little pre pared were the inhabitants of Hanau , that great difficulty was found in quartering the troops. The inhabitants of Hanau remained tranquil, and the only demonstration they made was the tearing off and pasting over of the proclamation of the Elector and of Count Rechberg, who addressed them in his quality of "Federal Commissioner." The Elector's proclamation states that the im portance of the movement, that is to say, the entry of Federal troops into his dominions, makes it neces sary for him to address a word of confidence to his faithful subjects, and that he confidently relies on the well-tried loyalty of his people. , The Elector proceeds to inform his subjects that the events of which they are witnesses, are the consequence of the unconstitutional refusal of taxes of the dissolved Assembly of States, and that the Charter of the Constitution empowers him (the Elector), and, indeed, obliges him to take extraordi nary measures for the safety of the State. After re capitulating the events of last month, the orders in Council, and the disobedience of his officers, the Elector proceeds to protest, that these circumstances imposed upon him the disagreeable necessity of asking for the support of Federal troops, for, says he— " We should be unfaithful to our duties as a Sovereign which God has laid upon us, if we permitted the arbi trary views of our servants to influence the course which our Government is to take, and it we consented to, be sides the power which we have inherited, which the char ter of our country confers on us, and which God himself has given us, another power, which is said to be vested in the servants of the State, asserting itself in a seemingly legal manner." The Elector then proceeds to state that Austrian and Bavarian troops would enter the country on the day on which this proclamation was published, and that these troops would execute the resolutions of the "Federal Diet," and enforce the state of war, and he protests that the occupation of Hesse by the troops of the German Confederation has no other purpose but to re-introduce a state of legality and order, and to renew, confirm, and protect the loyalty of his sub jects. This decree is dated from Wilhelinsbad, of the 28th ult., and countersigned by the Ministers, Ilassen pilug, Volmar, flaynau, and Baumbach. Immediately after the invasion of the Bavarian , troops, the soldiers of Electoral Hesse left Hanau and proceeded by way of Frankfort to Bockenheim and Praunhiritn. A telegraphic dispatch from Cassel of the 2d inst., in the Zaino. Zetiung, states, that the battalion of Cassel Rifles has left the capital, and that no soldiers being left to guard the town, the Civic Guard has oc cupied the guardhouse and the posts of the sentries. Advices received by electric telegraph from Berlin of the 2d state that the intelligence of the entry of a Bavarian and Austrian force into Hessse had revived the rumours of impending war. The following dispatch is contained in the Cologne Gazette of yesterday : "BERLIN, Nov. 2, NIOEI.T. " The leading article of the Deutsche Reform, which has just been given out, assumes a bolder and more martial tone. The dispatches which announce the invasion of Hesse by Bavarian and Austrian troops have suggested the possibility of a conflict. The Deutsche Reform has, however, still some hope that Bavaria will repent of her ' hasty measure,' and that an apo logy will be tendered to Prussia." DENMARK AND THE DUCHIES. ----- --. Advices from Hamburgh, of the Ist, state that the Holsteiners insist on the evacuation of Schleswig by the Danes as the only condion on which they will consent to an armistice. PIRACY IN THE MEDITTERANEA.N. We read in the Genoa Gazette, under the date of Malta, October 17, that the Ottoman Government having announced to its consul at Malta that an Austrian ship had been attacked and pillaged by a Greek pirate near Tripoli, the consul immediately in formed the Government of Malta of the circumstance ; in consequence of which Mr. W. Sim had dir ec t e d her Majesty's sloop Frolic to cruise between Malta and Tripoli, for the protection of trade in that quarter. THE ARCTIC EXPEDITIONS. --- We have received the following letter from an officer of her Majesty's ship Assistance : "Her Majesty's ship Assistance, to the northward of the Devil's Thumb, July 9. "I wrote you last on the 4th ; the same evening an opening and clear water having been observed from the Crow's nest, we pushed on and came up with Captain Penny's ships. As we lay hero the beauty or the heavens, the stillness of the air, and the magnificence of the scene Mil- all description. The immense fields of ice broken up into a thousand shapes, and interspersed here and there with stupendous icabergs, made one fancy that an immense city had been lately overwhelmed by some terrific convulsion of nature, for arches, columns, spires, turrets, towering one over the other, were jumbled together in a confusion resembling chaos. " On the 7th (Sunday) the wind shitted and, blow from the southward. The pack ice was observed coming down upon us; triangles, ice -saws, and other gear were rigged, and the ice shaped out into a dock gave a mo mentary refuge to our ships. We were entirely closed in as the pack came upon us. The wind shifting again on the morning of the 9th, we crept out about a mile to the northward, and here we are waiting until a further clearance. " In the attempt of hooking on to the floe and sawing the ice several of us were initiated into the mysteries of an Arctic baptism, as the ice gave way; but no accidents beyond a ducking fortunately recurred. "Some of tho whalers, finding their object of getting GRAVESEND, Nov. 4. Robert Peel, from Palermo; the Ant, from Quebec; the Rapid, from MarsPilles; the Countess of Durham, frGm Havannah;• the Fyenoord, from Rotterdam; the Soho, from Antwerp; the Nava rino, the Ino, the Daniel Brock, the Brilliant, the Bur fold Brothers, and the St. Leonard, from Guernsey; the New Von Yommern, from New York; the Maria, from Patrai; the City of Boulogne, from Rmlogne; the Cores, Pram Malta; the Ranger and the Jane Strong, from Kertch; the Sisters, from Stettin; the Venelia, from Leghorn; the Rachel, from Rotterdam; the Jane, from li-migsberg; Les Enfans Cheri. from Nan et 'e" trorn Port(' Rico; tho ITicd- - ; Ade!die. tram C .r!s. r thy. Rich Lai Th,r-ntz.l4, Ayres; Ft,t - o.rda, L' c; r.-:r!u.s, from C. Ion; the Rug ,; for Stockholm; ti,e ior Liverpool. VESSELS SPOKEN WITH. t 48 Murray, of Liverpool, on the 26th of October, is 43 N. t , b lnog. h of Juli, from Rio Janeiro for London, o n the 2S Benj a p m t eimn Back n Green, S o n ., e N., long. 16 W. Belle, from Liverpool for B lot o hn : g b .l a 2l y 9t , hW ou o. t f : n d ee: Y isn ' 1 ::13 3 t 19 N., long. 20. o ff the Dutch brig, showing ffig No. 105, Rotte rdam, Lizard. Emperor, on the 28th of October, in lat. 49 1% . 1• •• 1°1* 19 W. Chanticleer, of London, from Ba%ia for Newfouedleilcit out 23 days in lat. 27 N., lor•. 40 W. is Courier ship, , of Liverpool, on ' t the 9th of S e p" —be Ist 5 S., long. 18 W. Speed ship, from Liverpool, on the 26 th of O c tober , ill lat. 46 N., long, 26 W. Aurora, of Liverpool, from Antwerp for Valparsis°l uti the 27th u1t.,10ng.13 b til t. Ednionstone, from Bombay for L on don, on the 1-1 in lat. 15 N., long. 32 W. 10 • IA Lord Maidstone, from Ilargoon, on the 13th ult., 16 N., long. 33 W. 20: 11 Princeton, from Liverpool for New York , on the ult., in lat. 50 N., hing. 16 W. Durham, of London, on the 23d ult., in lat. 49 14•,1°135. 10.4 1 Falcon, from labia for Leith, on the 18th ult., i n - long. 11. lb John Willis, from Liverpool for Singapore , Aegis in lat. 10 N., long. 19 W. • Mg' Admiral de Ruyter, from Amsterdam for Bat avia, 13, in lat. 10 N., long. 19 W. 2 4, i ll Bucephalus, from the Clyde for Bombay, A u "' lat. 5 N., long. 17 W. Barbara, of Londonderry, from Philadelphia f or the Mauritius, Sept. 10, in lat. 14 S., long. 28 W l a 2 9 Edgar barque, steering S.E , on the 4th ult., N., long. 68 W. o° l September, in lat. 1 S., long for 3 John Cabot, from Corisee the •-1 91b Chaucer, from the Mauritius for Clyde, on t•• 9 7 the 911 of September ong 26 W the 2 Columbus, from Li * verpool for Pernambuco, on BEristol, on of Septe , nber. • 1. Eliza Johnston, from Liverpool for Brazils, eou th :n the fred the Great, from Liverpool for Calcutta, g 28th of Sep ember, in lat. 12 N , long. 2 4 % V • altb Carlo, from Liverpool for Rio Janeiro, on the '- September, in lat 14 N., long. 26 W. 7t h es Clarissa, from Constantinople for Boston, o n the • in lat. 28, long. 34. , g THE COUNTRY MARKD'' — ,:tiel ° ' The following is the official statement of the cluau„,"-ortsT corn, &c., resaived in the port of London froineef ON' Essex, from the 28th Oct., 1850, to, the 2(1 1")." both inclusive : 4:1 ;14 P 2 l 01P Colchester , 12 16 15 157 2s Harwich Leigh 36 117 1228 is" 74 Malden 729 167 16 46' 47 , 4,5 93k; 198 119::12 6 2-2<; - ; tnllo-'_l4 .., "101., I °t o la CHELMSFORD, NOV. I.—Prices to-day were rem , : .1 Wheat, white, old 448 to 50s ; new 433 to 495; _ 1 , 0 ,10_7.,, of 4 : c' IP' 39s to 44s ; new, 39s to 43 3 ; barley, 215 to •-• 5 • ma lt 0 26s to 295; grinding 20s to 2 9 8; oats 155 to 2 05 ; g , " 26 1 . to 55s ; chevalier 64s to 56 8 ; peas, partridges i s tv' m c d 30s ; old, —s to —s ; white, new, 26s to 293; old, -01 d, dun, new, 27s to 295; beans, tick, new 25s to 27'; am ; to r to '2Bs ; harrow ticks, new 25s to 27s ; old OW W v"" r 43 0 91 zagan, new 241 to 25s ; old 00s to Oos per qr. COLCHESTER, Nov. 2.—Wheat, white 44 3 to 48 0 ; eoiclw to 42s ; barley 22s to 28s ; beans, mazagan 25s to 265; if and small 265 to 308 peas 288 to 30s per qr. N ice , HADDINGTON, Nov. I.—The following are the r fi , grain at our market to-day:— 110° 1/ 04 WheAt. Barley. 1 OAS. 3 33 .1 First --...' ... ... 46s Od 28s Od 1 223 gi 3D 0d Second ... ... 405 51 243 7d 1 143 "„` A ' 29. ..,u1 Third ... .. 33s Od 17, 92 I 161 Od 450 ro Total quantity of Wheat in market 52 5 cl r6 " 02 6° 14 Arley do. 678 qrs., AB lOO l Do. Beans 2.—T he Oats do. 50 2 qrs., 'oso' Nov. Do.do. 5 3 qrs., ota Ow' KlRKALDY,following ar e the q u for grain : PO& Wheat. B ansarley. Oats. Be - 4 03 First 463 Od 26s 6d 20s 6d —5 Od I .....4 Second 423 Od 23s Od 19, 6d --5 °cl l (14 Third 353 Od 19 5 Od 163 Od —s o{l .280° 3 '04 Oatmeal, per bag of 2801bs imperial, 268 Od t° 0 471,,E GLASGOW, OCT. 30.—Provisions—Cheese, 413 4 t - 0 01 V:, per cwt ; retail, 5d to 6d per lb. Skim milk, 2 0 ° v tr i t h egil cwt. Couutry fresh butter, 10d to Od per lb. ' h le 0 a 1 "10a dered, in lumps, 9d to 90 ; country powdered, sc-- ° 61 1 to Od. Country eggs, is per dozen ; carried hen ditto,oolo, per , 20, or 9d per dozen. Hens, 2s 6d per pairs et° 280 d. PERTH, Nov. I.—Wheat, old, ON Od to 00001:1; 011 new, 36s to 42s ; barley, new, 18s Od to 22s Cd ; °lite" 18s ; peas and beans, 00s Od to 00s per quarter. ~, g , per sack, 27s to 28s. ne" n a 0 i Kitts°, Nov. I.—Wheat, old, 32s to 34s Od;date, to '' o s to 33s Od ; barley, new, 15s to 16s 6d ; ditto old . ~ o°6 oo o l woil potato oats, 00s to 00s • ditto new, 14s 6d to 155 0 0 I, 19 0 oats 00s Od to 00s Od ; ' ditto new, 13s to 145 Od ; P e- 111 016 'o to 21s Od; beans, 21s to 23s per boll of six imperial h," ilit"' STIRLING, Nov . I.—Wheat, foreign, 205 to 2 ,7„ r g iel• l l f . home, 2080 d to Os; ditto ditto new, 198 - 0 d to 225; J 1 ;7; !O r o boll of 6 bushels, OW Od to Os Od ; ditto new, 160 13° „00 1 _,I v I, Oats, common, 13s Od to 14s Od ; ditto new, 1 1:6 ( 1; ~°;01 ditto, Flemish, Os Od to Os Od ; ditto ditto new, uu v i s • bed distillers, 315 to 335 6cl • ditto brewers, 335 Od t° ~'" 0 ; 0 - 00 per b 011,33 6d to 15a Od ' ; ditto new, 12s 6d to 15s Od; ‘,OOllO/4; Od to Os Od; flour, new per sack, 3ls Od to 33s Od; „,d it r i , 29 1 „A; ditto, 18s sd to 20s Od; oatmeal, per load, 273 uo - 1 4 0 07„5 ; ditto new 27s 6d to 00s Od ; ditto per pock of 71h„ 5 1 1 to fv" fresh butter per lb, 9d to 10d; eggs per dozen, v ,j; hay per ton, Os Od to Os ; ditto new, 80s to 0050 d. o gs 0, a BERWICK, OCT. 31.—Wheat, 38s 44d ; barl e y , ` - 00,0" oats, 17s 4cl; rye, Oos Od ; beans, 005 Od ; P ea° ie l ' average per imperial quarter. HAWICE, OCT. 31.—Wheat, new, 283 to 3 35 Ilci a ,lsto,,„,l new, 15s to 18s Od ; ditto old, 00s Od to 003 Od ; 16 ", 7 0 451 12s Od to 158.0 d ; common oats, lis Od to 14s; P e iv iin to 223 Od ; beans, 21a Od to 23s Od per boll of 0 — Xl l bu F shels. , ;„ thif bO O , l ALKIRK, OCT. 31.—The supply of gram et r rke' 301 '' • ! -- -- ~ 23 8 Od r: 01 market was bo wheat at - 20 - s to - barley, 1.533 d to 19slls; ;: 3d oats, 12s 3d to Od 14s Od; hso, to 15s Od per boll ; oatme a l, O s t o O s per load. se AO' GLASGOW, Nov. 2.—Cotton--The effect pas b it; market of the intelligence by the last steamer,. o ffrifto more than neutralised by the warlike a spect m itoo d , :d Germany. Accordingly, since Tuesday the de ra ted„lii been exceedingly languid, and the trade has ° P e h - otit sparingly. Middling Orleans may be quoted °- te gj os but, as compared with this day week, there 1 1 9 0 Pr o p° tall in price of nearly if d. per pound. The 911 , 4 4 6 ,her month of October have been light, not exce e ": 4o to' ip bales. The market for yarns is dull, and the /'; doff e d, in favour of buyers. A fair business has b ee t olle r t be goods during the week, but quotations are ur iog, e o Iron—There has been scarcely any chang e " 1 ba' be week in our pig-iron market, and only a ro ta % 0 4,10 has been transacted. To-day mixA nes 3 b? l. 3hict l . 61 quoted 425. to 425. 3d., and No. 1, 423. 6d.• a" 5/ 1° mark, t closes very quietly. Bars are 515 s t ° per ton. COAL MARKET.—YEsTannAIr• 0 Bate's West Hartley 13s 6d BAmont ... •" '''''' 1665, pd Buddle's W. Hartley 14s Od Braddyll ...................... Carr's West Hartley 14s Od, Hetton .......•••••' 6J 1 61 6 J Clavering's N.Tanfield 13s 3d, Haswell ...................... lbs otl Coxon's West Hartley. 14s Od Keepier Grange ....... 1 6 , 4 , 54. Heaton Hartley Holywell North Percy Hartley l3s 6d,Richmund.. ...St l Ord's Main ..... Ravensworth'sW.Hart 14s OdlScarborough ........... 64 T infield Moor ......... 13s 6d, Whitwell ............. 10 - 64/ Tanfield Moor Butes l3s OdlCaradoc •• " ..... 15°94 West Hartley West Wylam Wylam ........ l4s 9d South Hartlepool .... 1 5 ' 93 Wall's End, &c. 14s Oil Whitworth Brown ... Bewicke and Co. Bell and 8r0wn......, lss Od Maclean's Tees ...... I g , Bensham ... Elm Park Harton Hotspur l4s Od Crosstield BlerthYr , 1 ehsittwiloarrthtle.p. ..... .. . L 3 4 330 o j oi Lawson Vein „, Morrison lss Od Deep Vein . I.l ' -- ... • 93 ' I Northumberland Original Gibson Riddell .... ... ...... _•___•••:' . /V .. ill' 1 4 Walker ... ..... 14s 9d ;Howaris—W. id . . , 4 15-' Eden Main 153 Gd' Ships at raa ri4e Lambton Primrose —............. caw Dispatches we r e r ece i ve d y es t e rday at th e ofi c t ji office from the Governors of the N o rth} vi P i Colonies, and al s o fr om th e Governor of : 0 , Wales. BIRTH. .4. V II° F o O rtn n estch t u h ee e . Ist inst., atOFßocAon n B o ° e ll , 'C ornwa ll , IA" 00 1 ' :thinst., ult., the wife f On sq th ua e r 2 e 2 . ford-square. en am. fi ld, 94' Forest-hill, Syd h ife of OF A DAUGHTER. tbe lg 0 1/1 re, ee On the 2d ' inst., at Hobart-ace Eaton-oque- low Charles ' Klingemann, Esq., Secretary' to the Legation. On the 27th ult., the wife W. R ton, R et ____ ~ On the 31st ult., at Stratton St. Mary, tb° ' w fe of Thomas tn T a e. 11. W aekre7e P t °l' d ,i, A RUED. Norfol iC i o ffill eg e Sarah, only daughter of the Rev. El l is ' George N. Phillips, rector of North Eling, go' 13 0, °f Manor- house, Long Stratton Norfolk. g . O e e l, On the 2d inst., at North ' Craw, Kent, John ° f on° T. Esq. , the eminent English tenor, to Charlotte _ of le combe, the celebrated soprano, eldest daugbtel Lucombe, formerly librarian, of Brighton. 'lb° WI DIED. Geo rg e Geo , e ,t, On the 3d inst., at Erith, Kent, Dl Algar, aged 32. _, 7 s, tbe r ;tor On the 31st ult., at Monks-lodge, Essex , ag'' d soLl Burr . 8 5, James Sperling, M.A., vicar of Great Maples , o f of Lamarsh, same county. Pq Turtle °, '' ‘, Oa the 31st ult., at Hastings, Edward t oot- Upper Tulse-hill, Brixton aged 40. ..le7. On the Ist inst., at HaLvell-lodge, near 1 3 ° 1 .T:coo ,f' Lancashire, James Cross, Esq., of Mortfield, ea, i 7 ii re, On the 2d inst., in York-street, Portmae•°4 A pr Patterson, Esq., of Leamington Priors, aged 63 ' f WO' ' On the Ist inst., Mrs. Mary Love, formerly 0 ton-street, Bloomsbury-square, aged !!.0 , i, nR, 0 I° V 11 L, r don : Printed and Published 10 Al- -- D niffice, ~,a ° . ti ° No. 'l2, St ancl. Printer, at The Sus ‘-' t o o 0 Strand, in the Precinct of the Savoy , in Middlesex, Tuesday, November 5, 1850, k u el I I