The Sun. — London, England, 1832-05-01 00:00:00

SECOND EDITION. SUN OFFICE, Seven o'Clork. KING'S BENCH-(THIS AFTERNOON.) DUKE O F C UMBERL A ND. At three o'clock the Court intimated their intention of taking the case of the King c. Phillips, for a libel on the Duke of Cumberland. Sir C. WETHERELL and Mr. POLLOCK on being sent far, came into Cour, upon which Mr. WAKEFIELD, jut., on behalf of the defendant, showed cause against the rule for a criminal information. It would he in the remembrance of their Lordship that when Sir Charles Wetherell moved for the rule for the ermine' information, that Learned Counsel read the libellous matter complained of, and, therefore, he, Mr. Wakefield, would not trouble the Court by reading it again, the more especially as he intended to confine him self, to a few remarks upon the affidavit, of Mr. Samuel Thomas Adams, which had been read in support of the rule. Mr. Adams stated that in 1810, he was Coroner for the Verge of the the Palace of St. James's, and that the inquest on the body of Sellis was held before him ; that it was not true that Lori Ellenborough undertook to trannage the affair by arranging the proceed ings of that inquest. He denied that any witness had been previously examined by Lord Ellenborough, or that the first Jury had been dismissed because of their refusal to return a verdict. He denied that each juryman was con alerted with the Government; that it was not true that any person was omitted as a witness, whose evidence was material to the investigation. He deposed that when eeire duel he was required to hold the inquest ; that by the statute of the 23d of Henry VIII. it was provided, that in case of death happening in any of the King's palaces and an inquest nereesary to be held, the Jury should be ‘..otnposed of 12 yeomen and officers of the King's household ; that he issued an order for the attendance of twelve yeomen and officers of the household ; but, believing that it was ,raportant that the investigation should he conducted in the most impartial manner, he took upon himself to coun t, emend the order, and assembled a Jnry of persons who 1 vol at a distance, and were wholly unconnected with the Place of St. James ; that his summoning officer ap plied to Francis Places, of Charing-cress, mercer, for the names of persons who were eligible to compose a jury ; and that out of such persons an impartial jury, of which erancie Place was the foreman, assembled on the Ist of June, 1610, to hold the inquest; that the Court was tirown open to the public, and all persons who choose were admitted without distinction, among whom were several re porters, who took notes of the proceedings ; that the whole of the depositions were taken by John Reid, the then Chief Magistrate of police, and they were read over to the wit nesses, who were severally asked if they had any thing to add to them ; that all the circumstances were most impartially scrutinized by the Jury, and every person was called who could give the slightest information respecting the case ; that the Jury went to the apartment where the body of Sellis was discovered, and carefully examined it, and all other circumstances touching Sellis's death ; that he locked the doors of the apartment, and would not permit the po sition of the body to be disturbed until it was examined by the Jury; that the Jury unanimously returned a yer• diet that the deceased, Joseph Sellis, voluntarily and fela rii,uely murdered himself ; that the proceedings were in ell respects regular, except that the Jury were not coin. posed of yeomen and officers of the King's household ; that the verdict was a just, true, and honest verdict ; and that there was not the smallest ground to allege the contrary. Tne first remark which be should have to suhrnit to the Court upon that affidavit was one which would not be denied, viz, that a person applying to their Lordships for • an extraordinary proceeding as a criminal informa tion should be prepared to deny all the charges in the libel, And that however high the illustrious prosecutor in this was in rank, still he was bound to adhere to that general principle. Now it would be perceived that in_ .read of their living a complete denial in this affidavit of nll the charges relative to the inquest on Seib', there was one point which had been substantiated instead of con tradicted. He alluded to the fact of two juries having been summoned on the inquest in question. That differ ence would certainly be no justification of the libel, for he admitted that it was a most atrocious libel, but the affidavit was contradictory in itself; it professed that a jury was ummoned in the most impartial manner, but it stated that two juries were summoned, and it gave no reason for departing tram the -Act or cases. The coroner had summoned parties on the jury who were expressly shut out by the Act of Parliament from being on juries on such occasions ; therefore an ig norant person like the defendant might suppose there was some reason to believe that the proceedings were not fair. The Coroner said he applied to Mr. Place, a man's mercer at Charing-cross, he Mr. Wakefield did not know who Mr. Place was, but certainly he was not the Coroner, and therefore he had no right to summon a jury or to burnish a list of the jury to the Coroner. He would therefore leave it to the Court to say whether Mr. Adams was correct in saying that what he did was for the pur pose of having a fair and impartial investigation. He flew in the face of the Act of Parliament, and by his own shews log he substantiated the fact of his having summoned two juries. Again Mr. Adams swore that it was the Act of the 23d of Henry the Eighth, by which he wa required to hold inquests within the verge of the palace ; instead of which it was the :33d of Henry the Eighth, which was another proof of the looseness both of his affidavit and his mode of proceeding. He had no famines whatever to send to Mr. Place, and Mr. Piece had no gutsiness to take the part he did upon that occasion ; the Learned Council submitted, therefore, that their Lordellii should have the affidavit of Mr. Place, detailing what bad occurred, with a view of corroborating the evidence of the Coroner, who by his own affidavit was capable of corn anitting very gross erors. As to the inquest itself it would not be difficult to show that it could be quashed even at this distance of time, and if Sillis had had any personal good., and an application made to the Court of Exchequer, it would not only be quashe I, but the Coroner might be proceeded against for a breach of his duty, and he would have to change places with the present defendant. The insjuest would be illegal on another point. The 28th of Henry VIII., chap. 12, stated that the jury should be chosen from the verge of the Court, and it pointed out the limits to designate the verge of the Court, which was then sitting at Whitehall. In the present case the Court was held at St. Jameeea, and it was quite clear that the verge of the Court con'd not be the s one at St. .Tarnes's as at Whitehall. He had now done with hit remarks respecting the Jury as it was called, but which he called Mr. Place's junta. He would now address himself to the general reasons why the present application should not be granted, and he would refer their Lordships to the case of the King v. Robin son reported in the Ist Blackstone, in which Lord Mansfield stated his reasons fur not granting and for granting criminal informetione, let, as to the merits of the parties applying, and 1 2diy, as to the ti ne of the application. Now, as to the time of the application, he (Mr. Wakefield) was not sure whether it was intended to refer to the cause of the publication, or the period of publishing the libel, but both circumstances should be taken into consideration in such a case as this, the gravamen of which was the raking tip of old stories, which, if revived, would lead to bad conse quences. The period 22 tears should he considered before their Lordships permitted the Royal prosecutor to drag _a_ party before the public for a cause which could do no public good, but on the contrary, might do a very serious He would now refer to the affidavit of the defendant. Josiah Phillips, of No. 13, Wellington-street, Strand, stated that he was printer and publisher of a hook, entitled " Authentic Records of the Court of England for the last Seventy Years;" that since the rule nisi had been obtained at the instance of his Royal High nest the Duke of Cumberland against him for a criminal information he had been informed by the affi - filed that certain parts of that book, from pages 93 to 105, contrined various libels ; that he was ignorant they Were so ; that he was only 22 years of age ; that the cir eums'ances, as therein detailed had, as he had believed. taken place, and that he published them as such ; that that part purporting to be a deposition of a witness then :.s2 the service of the Duke of Cumberland was given to him for publication, awl that he believed it was made to elicit the trath.; that the person alluded to was named and was now living in the service of the King of Belgium, and consequently he was degr i ved of that person's assistance ; tha: he was actuated by no hostile feeling towards his Royal Highness, never having seen hitn in his life, nor heard of him, except as relatin g to those transactions with Sellis; but that h av i ng read or ccounts respecting them in the newspapers for a long time back, and no proceedings having been instituted against those publications, lie considered that his publishing them might tend to get the whole matter cleared up, and there fore he inserted them in his book, having received them from p.rsons whom he considered credible, and not fur the purposes of s lander, or of wounding toe feelings of his Royal Highness. Th i s Learned Council said, that . when the youth inexperience of the defendant were con . and shirred, one might well suppose, that after having read the publications to whieh the de'rndant alluded, coupled with the stories which were afloat, and considering also the summoning two juries, and the illegal conduct of the co roner, he might he pardoned for believing that the sta e ments had some foundation in truth. He, Mr. Wak ti Id did not apply to show cause on that ground atone, becai:Se hoped that the circuinstanves as stated by the corone► 1 would not be taken as conclusive without the affidavit of Mr. Place. He hoped also that the Court would take into its consideration the consequences of panting the criminal information ; they were a suppression of the book in question, and the punishment of the defendant. The defendant was not the real offender ; the real offender was id the back ground, the defendant was but a man of straw, yet still the punishment would fall on him. But the libellous matter would not he extinguished ; it could be copied throughout the kingdom, and would not be ex tinguished or forgotten until it was proved either to be true or false—which it could not be by the present pro ceeding. The illustrious prosecutor might stop the press but he could not stop men's tongues—as an instance of which he would refer to what had taken place at the late Queen's trial. A whole generation had passed away since the circumstances stated in the libel occurred, and the present proceeding would have no tendency to disprove the charges. His Royal Highness had, it was true, swore that they were false, and be might with becoming dignity stop there, and proceed no further, for his reputation as a Prince was now as untarnished as it ever was. A pro ceeding by criminal information could neither prove the truth or falsehood of the libel. The only way of ascertain ing that fact was by an action of damages ; the more atrocious, the mote damnable the libel was, the more reason there was for proceeding by an action for damages, instead of proceeding by this useless mode of proceeding, which could bring neither the truth or falsehood of the matter in issue—a mode which would expose him to the ge • n-ral derison of his friends and to the triumphant scorn of his enemies. Sir C. WETHEAFLL then rose for the purpose of making a few observations in answer to what had fallen from his Learned Friend. It was impossible for hint not to notice. Lord TENTERDES-The Court considers, Sir Charles, that nothing has been offered to it which at all justifies the libel. The rule, therefore, must be made absolute. Sir C. WETIIEREI L. observed, that his Learned Friend, who had spoken last, bad stated that the present proceed ing could not go on consistently with the dignity and cha racter 03 his Royal Highness. Now, in his opinion, if hie Royal Highness was not to proceed with it, the high sta tion he held would he tarnished, and he would lose the dignity of his chasacter as a Royal Duke and as a gentle man ; but by proceeding with it, his dignity, if possible, was increased, and his determination therein to put a stop to such infamous libels as the present. His Learned Friend bad said that degradation would be the consequence of going on with it ; to his (Sir C. W.'s) mind it was per fectly elear that degradation would be the result of not going on with it. It had also been said that the proceed ing further with this prosecution would be the means of increasing such libels; that was a complete falacy, for he (Sir C. W.) did not believe that a British public would persevere in such atrocious and scandalous calumnies when they fully examined the facts on which the present infor mation was founded. His Learned Friend had concluded his address to the Court with that which his ingenuity had disguised, but which he (Sir C. W.) must say was a threat, that if his Royal Highness dared, as a Prince of the House of Brunswick, to come into a Court of Justice to claim that which the lowest subject of the country was entitled to, that his dignity as a Prince would be let down, anti that he would merit and obtain an accumulated load of ca lumny, insult, and reproach. He must tell his friend that the Counsel for his Royal Highness thought differently. His Royal Highness, acting under that advice, instead of calling, as he might have done, as a Prince of the Royal blood, upon the Attorney-General to proceed against the parties by ex-officio information, had treated this case as a private individual, and hail come into that Court, and claimed from the administrators of justice of the country the same protection for his character as was given to the lowest of the King's subjects. That course his Royal Highness had been advised by his Counsel to take, and that course he had adopted. Lord TENTPRDF.N—Sir Charles Wetherell, the Gout has before intimated that it saw no reason fur pursuing a different course in this case to what it does in others. The rule tnust he made absolute, for nothing has been offered in justification of the libel. As to the summoning of the Jury, that was a subject over which his Royal Highness could have no controul. Sir C. WEEHERELL bowed to the decision of the Court, but he trusted their Lordships would pardon him if he made some further observations. The defendants, under toe cover of showing cause against making the rule abso lute, had aggravated the libel, and had held out threats to to his Royal Highness. "•• nt..pevpd that the observations he had made were not intended to convey any threat to wards his Royal Highness. Sir C. WETHERELL knew perfectly well that his Learned Friend had no intention of doing it, he did not charge him with it, hut the persons who had put in his hind the affidavit which had been read, hid done it. They bad thrown out a threat, that if his Royal Highness attempted to continue these proceedings that his dignity would be degraded, and that he would obtain an addi tional load of calumny, insult, and reproach. He (Sir C. W.), on the part of his Royal Highness, treated that threat with ineffable contempt, and he would tell those who had instructed his Learned Friend, that that threat would have no effect whatever in deterring his Royal Highness, who had as high a spirit as any Member of the House of Bruns wick, from carrying these proceedings to the extent the law allowed. Those who interfered to intimidate the Duke of Cumberland, or any branch of the House of Brunswick, by such base, miserable, and contemptible threats, would find that courage was not wanting in any Member of that Royal House to bring a libeller lika the present to the punishment that he deserved, and that by doing so it would not. And by accumulating upon him base and miserable libels, they would find that his Royal Highness had courage enough to dring such libellers to the bar of that Court, and to visit upon them the full punishment which every subject had a right to require. Lord TENTERDEN-The rule must be made absolute. THE LONDON GAZETTE THIS EVENING. WHITEHALL, APRIL 29. The King has been pleased to constitute and appoint the Right Honourable Robert Montgomery Lord Belhaven to be his Ma jesty's High Commissioner to the General Assembly of the Church of Scotland. DECLARATIONS OF INSOLVENCY. WILLIAM MOLD, Walsall, Staffordshire, saddlers'-iron monger. WILLIAM M‘CAPIN, Belfast, provision.mercuant. WILLIAM GRANT, Jermyn...street, St. James's, uphol sterer. BANKRUPTCY ENLARGED. %VILLIANI MINSHULL, Cholsey, Berkshire, cattle-dealer, to May 29, at one, at the George Inn, Panghourne, Berkshire. BANKRUPTS. JOHN ROGERS, Northampton.square, Clerkenwell, en graver, to surrender, May 11, at one, and June 12 ' at eleven, at the Court of Bankruptcy. Fouler, Clement's Inn, Strand; Graliam, - Otticial Assignee, Copthall-buildings. THONTAS DEAN ALDER.SON, Great Marlborough street, pewterer, May 11, at two, and June 12, at twelve, at the Court of Bankruptcy. Burgoyne and I'hrupp, Oxford-street; Clark, Offic,al Assignee, St. Swithin's-lane. RICHARD STANLEY, High Wycombe, Buckinghamshire, linen-draper, May 16, at twelve, and June 10. at one, at the Court of Bankruptcy. Sole, Aldermanbury ; Lackington, Of fleial Assignee, Ba.singhall-street. WILLIAM STEEL, Berkeley-street West, Edgeware-road, stable-keeper, May 8, at twelve, and tune 12, at eleven, at the Court of Bankruptcy. Robson, Clifford's Inn ; Kitchener, Of ficial Assignee. JOHN FOX, Newgate-street, cabinet-maker, May 11, at ele ven, and June 12. at twelve, at the Court of Bankruptcy. Law ledge, Newgate.street ; Green, Ring's Arms-yard, Official As signee. RALPH 11 ARBIS, Tottenham-court-road, chymist, May 11, at twelve, and June 12, at one, at the Court of Bankruptcy.— Daviei, Temple. WILLIAM SELKIRK, Birmingham, engraver, May 8, at eleven, and June 12, at one, at Dee's Royal Hotel, Birmingham. Parker, Birmingham ; liolme, Frampton, and Loftus, New Inn, London. HENRY WELLINGS, Birmingham, vict ua ll er, M ay 1 5 and June 12, at twelve, at the New Royal Hotel, Birmingham.-- Tooke and Carr, Bedford.row, London ; Griffiths, Bi rm i ng h am . THOMAS MORGAN and JOHN JANE, Clydash, Mon mouthshire, provision-merchants, May 19 and June 10, at two, at the Commercial Rooms, Bristol. Stevens, Gray's Inn-square, London , Haherfield, Bristol. JOHN WEST, Newport, Nlonmouthshire, corn-merchant, May 16, 17, and June h., at eleven, at the offices of Messrs. Pro there and Phillips, Newport. Platt and Hall, New Boswell court, Lincoln's Inn, London. WILLIAM FA REY, Princes-street, Lambeth, lime-burner, May 8, at one, and June 10, at eleven, at the Court of Bank ruptcy. Gibson, 13asinghall-street ; Burgoynes and Thrupp, Ox ford-street. WILLIAM SPICE, Great Surrey-street, Blackfriars-road, grocer, May 10, at ten, and June 1.., at twelve, at the Court of Stevens, Bankruptcy. Wilkinson, Turner, ( N I New t e t - h i City ,Chm Littlebe s r t s . Chambers, h m o a p s s t ftte A s p t r o e s e u t e . : - JOHN PHEASANT, Ehury-street, Pimlico, tea-dealer, May 11, at half-past two, and June 10, at one, at the Court of Bank. ruptcy. Groom, Abchurch-lane ; Evans, Gray's-Inn-square. JOHN DOUGHTY HEPWORTH, Leeds, Yorkshire, stir gheocogn4eMaanyd I La 2 a ni nd ba J r i t i e B 2 f , o a r t d . e r l o e ,, v . e ; n faototifieeaCn'odusrtn-oh,,odu(s)en,, Leeds- Leeds. WILLIAM HEWER, Claverley, Salop, surgeon, May 11, at four,l2, at eleven, and June 12, at the Whiston Cross Inn, Al brighton. Clarke, Richards, and Sledealf, Lincoln's Inn-fields; Bennett, Wolverhampton. JOHN BLAC el FORD, Devonport, Devonshire, watch maker, May 14, 15, and June 12, at eleven, at Elliott's Royal Hotel, Devonport. Walker and Rickards, Lincoln's Inn-fields; Blackmore, Devonport. E LIZABETH REED , Bristol, milliner, May 15, and June 12 at one, at th e C ommercial Rooms, Bristol. Poole, Green field, and Gauden, Gray's Inn, London ; Williains, Bristol. AGNES COOPER, Anibleside, Westmorland, woollen-manu facturer, May 15, and June 12, at eleven, at the White Lion Inn, Bowne“, Westmorland Poole, Bowness, Westmorland; Williamson, Gray'a.lnn-square, London. ILLI ANI LINES and JOHN FISHER, Ipswich, coal merchants, May 9, at nine, June 12,attwpelovwe,naatut,hiehc,tinut,eeann'os Head Inn, Saint Matthew's-street, Ipswich. Kennett. Ipswich and Bury St. Edmund's, Suffolk; Pownell, Son, and Cross, Staple. inn, London. . _ _ ItICiiLEV, jun., Warwick, moister, May 10, June 12, st one, at the Warwick Arm: lintel, Warwick. E. Che,ter, London ; B. Tibbiti., Warwick ; Troughton and Lea, Coventry. JOHN NAYLOR, Belper, Derbyshire, cheese-factor, May '7. at the Office of Mr. Ingle, Solicitor, on the 22d at the Tat of Inn, Belper, and on the 12th of June, at the Bell Inn, Di thy at Eleven. Stevens, Wood, Wilkinson, and Satchell, 10, Little Saint Thomas Apostle. London ; Ingle Helper. THOMAS ROGERS, Speeen, Berkshire, victualler, May 15, at eleven, and June 12, at seven, at the Jack of Newbury Lon, Newbury. Parker, St. Paul's Church-yard, London; Pinniger, Newbury. ESTHER POPE, Abingdon, Berkshire, innkeeper, May 11, at eleven, and June 12, at twelve, at the Crown and Thistle Inn, Abingdon. Graham, Abingdon; Rackstrow, Oxford • Graham, Mitre Court Chambers, Temple; Philpot Stone and Philpot, Southampton-street, Bloomsbury-square. FRENCH PAPERS. (From the Moniteur.) " Louis-Philippe, King of the French. " To all present, and to come, greeting. " We have ordered, and do order, what follows : " Art. 1. The Count de Montalivet, Peer of France, is named Minister Secretary of State for the department of the interior, in the room of M. Casimir Perier, who remains President of the Council of Ministers. " At the Palace of the Tuileries, this 27th of April 183?. (Signed) " LOUIS-PHILIPPE. " BARTHE, Keeper of the Seals." (Another ordinance, of the same date, appoints the Keeper of the Seals to the ad inter•int care of the portfeuille of Publie Instruction and Worship, vacant by the removal of M. Montalivet. (From the Journal des Debatg of Sunday.) Our direct intelligence from Madrid justifies and confirms the hopes expressed by the English papers that Spain will maintain a neutrality in the ap proaching struggle in Portugal. Here, then,as in all the difficult questions which have compromised for a whole year the pence of:Europe, the sincere alli ance of France and England has extinguished the germs of collision with which the expedition of Don Pedro menaced the interests of all Europe. Every thing promises an easy victory to Don Pedro; and no doubt, before the end of Msy, we shall hear of some doings of a conclusive nature. (From the Courrier Francais of Sunday. ) The following, we are assured, are the terms of the treaty lately agreed upon between the French Government and the Pope 1. That the troops which bad arrived at Ancona by the Rhone frigate, to the number of 450 men, shall be em barked immediately for France. 2. The troops disembarked upon the 23d of February last shall remain, during their stay at Ancona, under the immediate direction of the French Ambassador, who shall be authorised by his Government to give corresponding orders to the Commander of the said troops. 3. Neither these troops nor the squadron shall be rein forced under any pretence whatever. 4. It shall not be permitted the French troops, during their stay at Ancona, to bestow any labour on the fortifi cations; and the works which have been already begun shall cease, and not be resumed. 5. 'When the Pontifical Government shall have no fur ther occasion for the assistance of the Austrians, it will in vite the Emperor to withdraw them, and it is expected that the French troops shall take their departure at the same time, by sea. . _ 6. From this moment the Pontifical flag alone shall float upon the citadel of Ancona. 7. The French troops not to go beyond the walls of the place of Ancona. _ . Article 11 of the contract entered into on the 17th of March, in the name of the General, with the con tractor Benedict Constantine, shall be consequently declared null, and of no effect. 8. The Commanders of the French troops shall nei ther prevent nor embarrass, in any manner whatever, the proceedings of the Pontifical Government at An cona, particularly those of the police. 9. All the expenses of the expedition, and all others whatever incident to the French troops being at Ancona, shall be at the cost of France. 10. There shall be placed near the Command&-r of the French troops at Ancona a political agent, clothed with the necessary powers by the Ambas sador of France, to whom is intrusted the execution of the present articles. (From Galignani's liessenger.) The official returns of the cholera are still favour able, notwithstanding the state of the weather. 1 lie death 3 on Thursday amounted to 182, of which 71 were in the hospitals, and 111 at home, being a diminution of 12 upon the total of the preceding day. The number of cases admitted into the hos pitals was 175, being eight less than the day before. There were 87 discharged cured. The number of beds amounts 5,999, of which 3,366 are occupied, and 2,633 vacant. In innumerable cases of the cholera, an immediate loss of blood from the region of the chest and abdomen has proved efficacious in saving the patient, and restoring him to convales cence, and it has been found by many of the faculty that not only the most prompt, but the most certain means of obtaining this relief, and at the same time of regulating the quantity to be withdrawn, is by the system of cupping. They have, therefore, had repeated recourse to the English cupper, Mr. Back ler, Hotel de la Marine, No. 23, rue Gaillen, whose skill and experience have been constantly exercised w th the best results. A report was spread yesterday that a mutiny had broken out in the Russian troops stationed at \Vilna. A Lithuanian patriot was to be shot in the presence of a regiment which, it is supposed, contained many Lithuanians, but at the moment when the sentence was to be executed, the regiment revolted, released the prisoner, and, under the direction of its Colonel, took the Governor of Wilna into arrest, and got possession of a considerable park of artil lery. This intelligence is founded upon letters from Tilsit, dated the 10th inst., which we quote with out in any mariner guaranteeing their authenticity. (From the Messager des Chambres of Saturday.) Letter from Count Nesselrode, M nister of Fo reign Affairs, in Russia, to Count Augustine Capo D'lstrias : " PETF.R4BURCII, DEC. 15.—The letter which you did me the honour to write to me, could add nothing to the grief which I felt at the first news of the horrible event of the 27th of September. The Emperor himself was deeply afflicted at it, but his Majesty has derived great consslatiou from the letter which you have addressed to him, and orders me to assure you that he will take plea. sure in continuing to you the sentiments of kindness and esteem which your la'e brother had merited on so many accounts, and you have yourself acquired a claim to them, in accepting, through a laudable regard to your country, difficult and ungrateful functions. You will undoubtedly be able to exercise them with some advantage, if, as we hope, all sensible men in Greece, unite their efforts to your's, to prevent the horrors of anarchy, and to afford the Powers who sincerely desire the restoration of the country, a possibility of bringing to a good issue the nego. ciations and conditions necessary to its existence as an in dependent European State. " The measures which are to hasten this happy result are now prosecuting with increased solicitude by the Im perial Court. Our Ambassadors at Paris and London have received instructions more analogous to the circum stances. But, on the other hand, the Greeks of all parties and all classes must be fully convinced beforehand, that no combination relative to their country can be definitive and durable without the consent of Russia, and that the Em peror will never give that consent to an order of things which should every moment threaten to make Greece a theatre of troubles, of revolutionising attempts, and of outrage to the laws. Your late brother well knew, and you yourself are, I doubt not, well aware, that neither at any former time, nor at present, has his Majesty thought of exercising an exclusive patronage over Greece and its destinies. Uniting with le is allies, he has only wished to put an end to a sanguinary and too long-protracted war, and to form of that country a pacific and inoffensive State. " The Emperor still retains the same desire, and what ever events may take place in Europe, he will be able to accomplish it, unless the Greeks themselves should throw obstacles in the way, by suffering themselves to be misled by ambitious men, and by stifling, by their civil disser.. sions, the most generous intentions with respect to tLem. " You, Sir, will render an essential service to Greece by making the principal inhabitants of that country sensi ble of this truth, and by impressing them with the neces sity of uniting sincerely for the good of their country. " It would be difficult for me to close this letter with out expressing my regret for the brother whom you de• plore, and for the friend whose loss so deeply afflicted me. For you, Sir, as for all those who know and appreciated him, there can be no consolatiln but that which arises from the certainty that his memory will he always honoured and blessed, for he was a man who sacrificed every thing for the good of his fellow -creatures. " I shall always receive with pleasure the letters which you, Sir, may think fit to address to me, and I hope to have occasion to give you in the s .(ptel, as I now do, the assurance of the favourable iintmtntm of his Imperial I es Nij ety witb respect to yen, accept, Sce,' MAGAZINE DAY. NEW MONTHLY MA GAZINE. The " Recess is a spirited political diatribe, penned in a flowing, off-hand style. We quote the following satisfactory explanation from it, as regards the substance of Lord Grey's famous re ply on the second reading of the Reform Bill. It will, we doubt not, have the effect of greatly allaying public uneasiness. " According to the newspapers, my Lord Grey appears to have said, in his very able, eloquent, but nevertheless somewhat over-lauded speech, that, though be should be sorry that a less number of boroughs should be disfran chised, or that the 101. qualification should be altered, still they formed no part of the principle of the Bill, and both might he altered with perfect consistency.' Now, on this declaration, the Tories (our keen and subtle contem porary the Standard among the rest) have naturally set up a shout at my Lord Grey's definition of principle; and these expressions have doubtless given great dissatis faction to the Reformers. But we have made it a point to see and converse with several who were present at the delivery of that speech, and some of whom, as Lord Grey's immediate connexions and friends, we suppose are likely to know what that eloquent orator really meant to say; and it seems that the true spirit of the remarks, as spoken, was very different from what it would seem as reported. Lord Grey's observations were in reply to some Tory Lord (Lyndhurst, we believe), who said, that if the House passed the second reading of the Bill, it was com pelled to disfranchise, as the principle of the Bill, sixty four boroughs, and to grant unconditionally the 101. fran chise. Heaven says Lord Grey, ' what an affront the Noble Lord puts on the House, to suppose any Minister can thus dictate to it l It is for the Committee, not the Ministers who propose it to the Committee, to decide whether the number of boroughs disfranchised shall be sixty-four, or the rate of franchise he a 101. house. 1 should he sorry to see the Bill altered in these particulars. /'—here we quote the papers, i. e. the Times, verbatim I should certainly oppose any proposition for reducing the number of boroughs to be disfranchised, or for raising the 101 qualification much higher.' But it is for the House to deride these points. Whether 1, whether the Ministry can continue in office after that decision, is another ques tion. This, we repeat, was (we are informed from seve ral persons present at the delivery of that speech) the purport and spirit of Lord Grey's argument. If so, it was an argument that be might fairly use, and one which put the question of the second reading in its true light. The remark being more of a personal retort on Lord Lynd hurst (a species of arguing of which the Statesmen of both Houses are particularly fond) than any confession of Lord Grey's own sentiments, was designed to convey this sneer What! you—you, Lord Lyndhurst, talk of the dignity of the I.ords, while you tell them they are tools to carry the Bill, and I tell them they are judges to decide it.' We have thought it necessary to enter into this explanation, as the misunderstanding upon the sub ject of it has been very extensive, and might be very dan gerous." " Spirit of Song " is in Mr. Haynes Bayley's best style. It is less prettyish than most of his far too pretty drawing-room ballads. Adversity, to which he gracefully alludes, seems to have wrung truth and force of feeling out of him. " The Utilitarians " is a readable paper of a sprightly, common-place character. " Asmodeus at Large is better than usual ; the Devil and his pupil take bolder flights, and wax even ima ginative in their tone of thought and description. " Hereditary Honours" is an ingenious, flip pant tale, modelled on Voltaire's short, satirical stories : but the humour is defective in ease, terseness and brilliancy, and the point is not sufficiently obvious. It is a hazardous thing for an Englishman to attempt to fence with Vol taire's foils. He is almost sure to make a lunge in the wrong place, and at the wrong moment. " Retrospective Criticism" is a ge nerous and well-merited notice of a volume of poems published some years since by Mr. Laman Blanchard. The extracts selected for praire are good, but there is too much strain ing after effect in them. " Phrenology" is as dull and idle as its subject. "To May" is a graceful little poem, in Leigh Hunt's best style. The " Indicator," by the same writer, contains some sweet thoughts, fresh and sparkling as a violet with the morning dew lying next its heart. We have been much struck with this delightful bit of gossiping about the cuckoo.— The simile marked in italics is exquisitely na tural. "We have heard him (the cuckoo) in the suburb gardens, coming to our very doors, getting nearer and nearer to us, like a child pulling at its mother's gown, and asking her why she does not go out. He is the flute" (a definition in a word) " that nature plays to call us back to childhood and joy." How expres sive, too, in his enumeration of May's enjoy ments, is Mr. Hunt's description of the " rich tranquillity of the cattle in the grass!" It is a voluptuous pastoral image, as strongly felt and highly finished as though it were by Theocritus himself. But the author of " Rimini" is a fast friend to nature, and she has returned the friend ship by gifting him with a quick, unerring faculty of observation, that has had shoals of imitators but few equals. " The Earthquake" is a descriptive tale, signed, oddly enough, "Junius Rediyivus." With quite as much propriety might it have been signed Euclid— Dr. Kitchiner—or Joseph Hume. It is, how ever, a powerfully told narrative. " The Monthly Commentary" is agreeable and miscellaneous, as usual. BLACK WO OD'S MAGAZINE. " Tennvson's Poems" is a review of some early poetical effusions of a young man who bids fair, at no distant date, to become an ornament to the literature of his country. The review is by Professor Wilson, and is penned in that half serious, half-comic spirit, in which the genius of the Learned Gentleman loves to expatiate. We like, however, the serious portion of the criticism best ; it is full of fire and passion, yet not devoid of acuteness, The strictures on the comments of the Westminster reviewer, as regards Mr. Tennyson's poems, are quite Peter-Pindaric in the breadth and extravagance of their humour. " S h akspeare—Spenser—Milton —Words worth —Cole ridge—The Ettrick Shepherd—Allan Cunninghame, and some (Abets, have loved, and been beloved by mernaaidens, sirens, sea and land fairies, and revealed to the eyes of us who live in the thick atmosphere of this dim spot which men call earth,' all the beautiful wonders of subterranean and submarine climes—and of the climes of Nowhere, lovelier than them all. It pains us to think that with such names we cannot yet rank that of Alfred Tennyson. We shall soon see that he possesses feeling, fancy, imagi nation, genius. But in the preternatural lies not the sphere in which he excels. Much disappointed were we to find him weak where we expected him strong : yet we are willing to believe that his failure has been from ' affec tations.' In place of trusting to the natural flow of his own fancies, he has followed some ♦ague abstract idea, thin And delusive, which has escaped in mere words—words— words. Yet the Young Tailor in the Westminster thinks be could take the measure of the merman, and even make a riding habit for the sirens to wear on gala days, when dis posed for some horseback.' Tis indeed a jewel of a Snip. His protegee has indited two feeble and fantastic strains, entitled ' Nothing will Die,' All things will Die.' And then Parsnip Junior, without the fear of the shears before big eyes, compares with L'Allegro and II Penseroso of Mil ten. saying that in Alfred's there is not less truth, and perhaps wore tefiued observation r That comes of sittii. s from childhood cross-legged on a board beneath a skylight. " 'The Young Tailor can with difficulty keep his scat with delight, when talking of Mr. Tiennyson's descriptions of the sea. "Tis barbarous,' quoth he, to break such a piece of coral for a specimen;' and would fain cabbage the whole lump, with the view of placing it among other rari ties, such as bits of Derbyshire spar and a brace of man darins, on the chimney-piece of the show-parlour in which he notches the dimensions of his visitors. So fired is his imagination, that he beholds in a shred of green fustian a swatch of the multitudinous sea ; and on tearing a skreed, thinks he hears him roaring. But Mr. Tennyson should speak of the sea so as to rouse the souls of sailors, rather than the soles of tailors—enthusiasm of the deck, rather than of the board. Unfortunately, be seems never to have seen a ship, or, if he did, to have forgotten it. The vessel in which the landlubbers were drifting, when the Sea Fairies salute them with a song, must have been an old tub of a thing, unfit even for a transport. Such a jib ! In the cut of her mainsal you smoke the old table clo:h. To be solemn, Alfred 'Tennyson is as poor on the sea as Barry Cornwall, and, of course, calls him a serpent. They both write like people who, on venturing upon the world of waters in a bathing machine, would insure their lives by a cork jacket. Barry swims on the surface of the Great Deep like a feather; Alfred dives less after the fashion of a duck than a bell ; but the one sees few lights, the other few shadows, that are not seen just 31 well by an oyster dredger." " Homer's Hymns" are freely and eloquently translated. " Dumont's Recollections of Mira beau," is a clever article, so far as mere ingenuity and special pleading are concerned, and institutes a plausible parallel between the case of the first French Revolution, and that of the present Re form Bill. The Ministries, both of France and England, hints the writer of this impudent but adroit piece of sophistry, have ruined their re spective countries, by undue concessions to the mobocracy. We shall not stop to combat such an absurd fallacy. " The Song of the Gifted,'' is by Mrs. Hemans. It is plaintive, eloquent, and exquisitely melodious in versification. " The Castle of the Isle of Regan ' is an animated tale, evidencing considerable dramatic ability. 7'HE METROPOLITAN. " Royal Wits and Court Poets" is a light readable essay, comprising one or two little novel biographical sketches. As for Royal wits, their number is easily summed up. A man might count them on his fingers, without being obliged to call in the assistance of his thumbs. " The Lords and the Reform Bill " is remarkably energetic and well-argued. The cursory allusions to Russia are in the best spirit of truth and earnestness. The Cherubs is a sprightly, pungent poem by Thomas Campbell. We quote it entire, for to mutilate it would be as crying an enormity as to mutilate the Reform Bill. THE CHERUBS. BY THOMAS CAMPBELL, ESQ. SUIIGESTBD BY ♦N APOLOOUE IN THIS WORKSI OF PRANZLIN. Two spirits reach'd this world of ours : The lightning's locomotive powers Were slow to their agility : In broad day.light they moved incog. Enjoying, without mist or log, Entire invisibility. The one, a simple cherub lad, Much interest in our planet had, Its face was so romantic; He couldn't persuade himself that man Was such, as heavenly rumours ran, A being base and frantic. 'The elder spirit, wise and cool, Brought down the youth as to a school ; But strictly on condition, Whatever they should see of hear, With mortals not to interfere; 'Teas not in their commission. They reach'd a sovereign city proud, Whose emperor pray'd to God aloud, With all his people kneeling, And priests performed religious rites : Come, said the younger of the sprite., This shows a pious feeling. Young Spirit. " Arn't these a decent godly lace ?" Old Spirit. " The dirtiest thieves on Nature's face." Young Spirit. " But hark, what cheers they're giving Their emperor!—And is he a thief!" Old Spirit. " Ay, and a cut-throat too:—in brief, THE GREATEST SCOUNDREL LIYINCL" Young Spird. " But say, what were they praying for, 'rhis people and their emperor ?" Old Spirit. " Why, but for God's assistance To help their army, late sent out : And what that army is about, You'll see at no great distance." On wings outspreading mail or po&t, Our sprites o'ertook the Imperial host In massacres it wallow'd A noble nation met its hordes, But broken fell their cause and swords, Unfortunate, though hallow'd. They saw a late bombarded town, Its streets still warm with blood run down ; Still smoked each burning rafter ; And hideously, midst rape and sack, The murderer's laughter answer'd back His prey's convulsive laughter. They saw the captive eye the dead, With envy of his gory bed, — Death's quick reward of bravery : They heard the clank of chains, and then, Saw thirty thousand bleeding men Dragg'd manacled to slavery. " Fie! fie !" the younger heavenly spark Exclaim'd :—" we must have miss'd our mark, And enter'd hell's own portals : Farth can't be stain'd with crimes so black ; Nay, sure, we've got among a pack Of fiends, and not of mortals." " No," said the elder ; " no such thing Fiends are not fools enough to wring The necks of one another ; They know their interests too well : Men fight; but every devil in hell Lives friendly with his brother. " And I could point you out some fellow:, On this ill-fated planet Tellus, In royal power that revel; Who, at the opening of the book Of judgment, may have cause to look With envy at the devil." Name but the devil, and he'll appear. Old Satan in a trice was near, With smutty face and figure; But spotless spirits of the skies, Unseen to e'en his saucer eyes, Could watch the fiendish nigger. " Halloo!" he cried, " I smell a trick : A mortal supersedes Old Nick, The scourge of earth appointed : He robs ma of my trade, outrants The blasphemy of hell, and vaunt. Himself the Lord's anointed. " Folks snake a fuss about my mischief, D--d asses tamely suffer this chief To play his pranks unbounded." The cherubs flew; but saw from high, At human inhumanity, The devil himself astounded. The " Waggoner" is a very graphically told story, whose great defect is that it is lengthy, and threatens a continuation in another number. " Clavering's Autobiography" is varied and anec dotical as usual. The " Pacha of Many Tales" is worthy of its oriental title. MONTHLY MAGAZINE Is embelli,hed with a portrait of James She ridan Knowles, which is about as like the author of the Hunchback, as the Ettrick Shep perd, in his cups, is like the Apollo Belvidere. The memoir, however, appended to this most unlike likeness is of a redeeming character. We subjoin a portion of it Mr. Knowles was intend e d f or t h e medical profess i on, and studied for it; hut the instinct of genius drew him more and more towards the stage. He became a teacher of elocution : be was an actor tor three years, in Ireland; and, finally, he has added a name to the list of those extra ordinary men, who eo remarkably abounded on the stare at atie time, as cosiibieerN of acting with authmelYsp. Lt will have been seen, by the above account of his plays, that, like all other fine and useful writers, he has not been without his helps of experience and trouble and he has had others. He delights to call to mind the acquaintance he male, when a boy, with the late Mr. Hazlitt, and the great good done him by that admirable critic, and good hearted, though irritable man. Mr. Hazlitt took a liking to him, gave him the best advice, quoted passages for him from the best writers, and showed him how superior na ture was to art, and what a capital thing it was to have faith in her. The young dramatist also became ae• quainted with Mr. Lamb, another admirable humanist, whom no man of letters ever knew without being the better for it. Mr. Hazlitt pointed out to his earliest notice, as an instance of clear and elegant writing, a pas. sage in Mr. Lamb's " John Woodvill," about a stag ; we know not whether that, in which the stag is pictured as miking " a dancing shadow of his horns in the water," or the other passage, i❑ which there is a beautiful corn• parison of the shyness of deer with " bashful younkers in society." Mr. Knowles, however, never " studied" the old masters in the drama; indeed he has said that, with the exception of Shakspeare, be purposely avoided them, when he commenced writing, that his ideas might be un shackled. " But what did Mr. Knowles as much good perhaps, as any thing else in Mr. Ilazlitt's society, was that spirit of self-forgetfulness, and equality of intercourse, which all young peop!e, who recollect that great writer, are so thankful to remember. He put himself on a level with him, listened to his arguments, as if they were those of a grown man, and answered them as if he valued them ac cordingly ; and he knew this was wise for himself too, as well as for the boy, since childhood in its unhampered natural wisdom, often says things capable of suggesting light to wisdom full grown. Besides, Mr. Hazlitt knew how to love the beauty of a child's mind, and to live with it in its primeval world. Mr. Knowles knew him long, and may be said, in some measure, to have grown up under his mind. He has mentioned him in private, as having been a sort of ' mental father.' We must not forget that Mr. Hazlitt introduced him to Coleridge, who read him one of his fine extemporaneous lectures on poetry and amazed him by the simplity of another great mind, and the in terest he took in talking with a little boy. Among his recollections of Hazlitt livelier passages are not wanted, illustrative of other parts of his friend's character. The bashful and irritable metaphysician, who was always mis giving himself for hie want of address, took it in his head once to study rope-dancing, and actually had a lance-wood pole fitted up in his room on which the future dramatist, we believe, practised with him. The boy once sat to him for his picture (for Mr. Hazlitt originally intended him self for a painter,) and perplexed him with the unmarked rotundity of his little visage. " Hang your fat cheek !" cried the impatient artist:—" frown, James." " It is worth while to dilate a little upon the origin of Virginius. Mr. Knowles, finding great difficulty in getting up any thing at the London theatres, had laid aside the pen for several years, when meeting Mr. Kean, at Glas gow, that great actor said, that if he would write a play in which he could perform the principal part, he would bring it out; and lie suggested to him the story of Virginius. The piece, however, was transferred to Covent-garden, be cause another on the same subject had been previously re ceived at Drury-lane, and, after all, it first came out at Glasgow, the part of Virginius being performed with great applause by Mr. Cooper. A friend of Mr. Macready's sent him an account of the play : he requested to see it in the manuscript, read it, and wrote a highly flattering letter to the author, the consequence of which was an acquaintance between them, and the appearance of this pathetic trage dian i❑ his most applauded character. " All these circumstances; contributed to our author's familiarity with life and the stage, and it is an honour to his energies to add, that the profoundest of all teachers has not been wanting to him,—adversity. " Mr. Knowles is married, and has a family, we be lieve, of six children. He is somewhat under the middle height, stout, and well-built, with a pleasant, ardent, a nd manly aspect, and a demeanour with a cast of roughness in it, but nothing clownish or ill-bred : it is all cordiality and good nature, with a relish, as well as a cruet upon it s of old port." " Taxes on knowledge" is a useful, practical paper, containing much sterling good sense. " The Fresh Water Whale" is a tale replete with broad Irish humour. " Cicero's Work on the Republic" is scholar-like, but somewhat tame and trite, and eke dry. It is moreover long—a serious objection. "On the Militarl Resources of the Austrian Empire" is an in' structive, statistical essay, well expressed, and pregnant with matter. We regret that our limit o will not permit us to indulge our readers with 0 taste of it. But the elaborate arithmetic calculs' tions would, we fear, send them into strong hysterics. « Pericles, a Tale of Greece," p ro' mises well at the commencement, but halts ter'' ribly towards the close. It sets off' in a grace° l canter, but finishes in a rough, clumsy, cart' horse trot. The " Inconveniencies of Indepel'' dence" is pleasant and ingenious. TAI7"S EDINBURGH MAGAZINE. This periodical does not belie the promise° put forth by Mr. Tait in his prospectus. A li its articles, whether literary, political, or othe r ', wise, are of a seasonable character, and just - sufficient length to amuse, without fatiguing 3t : tention. The observations on the Seca 0 Reading of the Reform Bill" are marked tif much judgment and temper. Th e re is gainsaying the truth of the following : But the ignorance of the ch a ract er o f the neq,,ol evinced by the P e ers, go e s bey on d a mere m i sa pprebego° o9 "f of their power. In rea d ing th e i r s p eec h es , one is al ai ho q tempted to fancy some Noble Lord s ar e of o pinion g";,, none but a Peer can possess honesty or com mon se fi , t . They treat the nation like a herd of brut es , w ho woul u a ij unable to conduct themselves with common pro pri, ti not their betters think and act for them. The Dill ( !it i Buckingham knows so little of the world beyond the e' r ot of his own immediate friends, that he really believe'„ i rest of the commu n ity t o b e , to a man, paupers. one could alm Est fancy that some members of the P e er3, 4 o , who might have been expected to know better, initIP A I their plebeian coutrrymen destitute of eyes and ears• ad , least, upon no other assumption can we attribute a mes a ing to words like the following, uttered in presene e r , crowding strangers, and of re p or t ers wr iting to if fo it b wager Except in moments of great excitement, vin4 would occasionally prevail in all countries, he had rat observed in that class of persons, a disposition to rely 'F lo the judgment of their superiors, particularly when :0 judgment was not forced upon them.'—(Cheers.) b it thought that other Noble Lords would concur with fi e in saying, that they had always shown a disposition !° flattered on being consulted by their superiors, and, ' 0 end, to rely upon their judgment.' When the price tg o i Memphis wished to juggle the people into moralil clej respect for th e l aws , t h ey c . nce rted their pseudo-mir y o p in secret ; and when Lego described the Moor " 6r beJ led by th e n ose ," h e took care that Othello did not ove r (t him. But our w thh is ea e ti,s s ena t o rs nit)ial it for our good or for our ill) at the top of their lung'' fortinh e t tr t h ee original face un p oi unprivileged the ibesg, eud obscurity. etyl a.s sassembledconfined i Although t io g nh to. a Norcims those who this 3 l‘ elbowed his way into a Peerage, he is still m 'v° r nh e eo rn r ?"' cliffs,aml leroccasions, t e i a tn d hgat of one of the rtoa. b e ili a wantd,ophoaptui l s e p u e s n c t ou a nt b y u , s) a , n i ( i l fe one ain ‘ o v could turn from his purpose, venturedefues p arv en u. When anNydtnVeoaohwlr.ense.nas insinuate hau o ica r ek d tge,t ' in England, the representative in Parliament ° f d a re their character better than the Duke of Wellingtoo9.o, had rarely come in contact with them ; he was rent by Lord Falmouth, that the Noble Duke had bve°,l ployed in the civil service of his country three tit % long as the Noble Lord had been a Metnber of that Iloo' t " The world of as ß fr o o o n k l s t " he is displayingof no mean powers invention. 1 amongst Englishme n ' Eng P :i r sll n e anl9: :: the title, as well worked up, still more from the kindly' s° , t , l a vay gr i a n ce w fu b l ic : l : turn of the feeling, we conclude that / At from the pen of Mr. Leigh H un t. A rate, if not by him, it is a close, but not ser imitation of his fav our i te manner. " Letter Writers" is an essay marked by th e - 0. frank, cordial s pi r i t . " Ik on Basilike," sugifeeoi. by the erecti on o f t h e b ronze statue of " fo c i the Fourth in G eorge - street , i s one Qf sbe