The Sun. — London, England, 1840-02-08 00:00:00

EVENING EDITION. leges they might possess had been already amply vilv.li caled—( Cheers)—but in the exercise of the power of in flicting punishment—(Cheers)—had declared his intention of voting for the prolonging the imprisonment of these gentlemen.—( Cheers.) He would say that not only was his conclusion unsupported by his arguments, bat that it was contradicted by them.—( Opposition cheers.) It was with great regret that he had heard his Hon. and Learned Friend thu Solicitor-General, state that he should be prepared to advise the House to petition the Crown to prolong the punishment of these in dividuals, by abstaining ftom the exercise of the preroga tire of pe.orogation. He regretted the Noble Lord had not had the firmness to abide by the opinions which he had himsen pronounced respecting these gentlemen, and reject the advice of the Solicitor- General..—( Hear, hear, hear.) Ile would not trespass further on the tame of the House, t/:an to state respecting this privilege which was claimed as the origin of this power of commitment, that be should deeply lament to see the day when the House should for bear to publish for the information of the people of this country, all papers that were necessary for their informa tion or instruction. But if, in the course of communicating that information, injury should be inflicted on any individual, he thought the country ought not to object to pay that in dividual any compensation that might be due to him in con sequence, and he did not think the country would object to pay it. He trusted sincerely that the Noble Lord would, on consideration, be inclined to discharge the Sheriffs.— ( Cries of " Question.") Mr. T. DUNCOM BE said be did not think tha Learned Gentleman had duly appreciated the victory which had been gained by the opponents of privilege. It . „ was a victory over that, in support of which the Solicitor- General talked about proroguing Parliament—( Laughter) —and the Right Hon. Baronet ( Sir R. Peel) had de clared, that rather than so render, he would abdicate his functions—( Hear, hear)—namely, the Resolution of 1837, which, in an unqualified manner, declared any interference with their privileges was a high contempt.—( Hear, hear.) Why, now, it seemed that a Declaratory Act was to be re sorted to.—( Hear, hear.) That was the whole question. (Cries of " No, no.") The question was, whether the House should, by its own authority publish what papers it pleased. There were two modes of attaining that object—fair and foul. The House tried might—but fearing that it would be defeated, now had recourse to the constitutional course.—( Oh, oh.) IN ere the Sheriffs to remain in custody, and have the Chief Magistrate of the first city in the empire congratu lating them upon their martyrdom ?—( Laughter.) The liberty of the subject had gained a noble victory.—(Oh, oh.) As to preserving the dignity of the House, he be lieved it would fall lower and lower, every day, every hour the Sheriffs were kept in custody. Sir MATTHEW WOOD complained of the manner in which some Hon. Members had spoken of the conduct of the Sheriffs, particularly his Hon. and Learned Friend the Member for Dublin, who had alluded most particularly to the manner in which they had conducted themselves throughout the whole of that distressing scene, and who' had spoken.of them as having taken upon themselves the office from choice. The Sheriffs had been charged with endeavouring to resist that charge, and to run counter to it. He (Sir M. Wood) denied that. An attachment had been sued out against them by the assignees of Mr. Stockdale, and had been served upon them that morning, and they had been obliged to pay the money. They had made an apology to that House, and what did the House want more ?—(Cheers. ) Were they to be kept back on Monday next, when the whole country was in a state of joy and pleasure ?—(Laughter and cheers.) Ile knew not what the feelings were of Hon. Members on his side of the House who call themselves great lovers of liberty— (Opposition ebeers)—when they reflected that two inno cent men, and as respectable as any in the City of London, were kept in a state of confinement.—( Hear.) Sir R. PEEL could assure the House he meant to vote precisely as he did before. If the House of Commons was not possessed of the privilege of free publication ; or if it were to hold it liable to be questioned by a Court of Law, not only would he retire from the performance of his public duty as a Member of Parliament, but he thought the House of Com mons would pursue a much more fitting course by closing its doors, than by continuing with maimed and mutilated powers, to hold out the semblance of a free popular assembly ,vith out the power of discharging any one of its functions.— ( Loud cheers.) The question was, in his opinion, brought to the right issue of whether the House of Commons would have the power of publishing defamatory matter without questions.—( Hear.) He (Sir Robert Peel) maintained that the House ought to have that power. The de bate had been attended with one advantage, that no Hon. Member had got up, either on that or on the previous occasion, to contend that the judgment of the Court of Queen's Bench was good, or could be maintained. He had it on the authority of the Attorney and Solicitor-Generals of the present Govern ment—of the Attorney and Solicitor-Generals of the last Go vernment—of his Right Hon. Friend, who formerly filled the office of Lord Chancellor of Ireland—he had it on the authority of his Honourable Friend the Member for Bandon—of his Right Honourable Friend the Recorder of Dublin, him self acting in a judicial capacity—some questioning the proceedings of the House in subsequent stages, but , all admitting that the judgment of the Court of Queen's Bench could not be maintained. (Loud cheers.) His Hon. and Learned Friend, one of the chief advocates for the Queen's Bench, had declared that the House of Commons could not maintain that privilege, or if they exercised the privilege of publication, and published a libel, in that case the public oeght to provide compensation. That was his Hon. and Learned Friend's qualification, but he maintained that he should be obliged to maintain the position that the Ministt rs of the Crown, who were concerned in the frauds of the South Sea scheme, and which frauds were exposed by Parliament, had a right to claim compensation from the public —(Loud cheers.) How could his Hon. and Learned friend shrink from that position ? If a man were libelled by these publications, he would have a right to maintain an action, whether he acted in a private ca pacity or as a public officer, and every Minister of the Crown and public offi,:er condemned by inquiry before the House of Com mons would have a right to demand compensation for the libel. That was the only vindication he had heard of the judgment of the judgment of the Court of Queen's Bench. if that judg ment were erroneous, was it surprising that they should resort to measures which, under other circumstances, might partake of harshness and severity ? He contended that t h e H o use of Commons had acted throughout with the greatest moderation.—(Loud cheers ) The question now before them was, were those privileges indispensible, and ought they to maintain them ? 'Why, even before the argu ments had terminated in the Court of Queen's Bench, the Lord Chief Justice, by an interlocutory remark, had denied the right of the House of Commons to free publication. He declared with sincerity that if the judgment of the House could be maintained on these grounds, he would not give ten Years' purchase for the privileges of the House.—( Cheers. ) He declared that he thought the privilege of publication might be defended on stronger grounds than the freedom of debate. On what grounds did the one rest that the other did not ? It might be urged there were reasons for free publication of pa pers which did not apply to the freedom of debate ; it might be said that the one was the act of the House of Commons, in whom there could be no presumption of malice, but an indivi dual Member might make use of the privilege of freedom of debate to gratify private spleen, for the purpose of injuring an individual. Should they then go to the Courts of Law to maintain the freedom of de bate ? Did they say they could submit that with perfect con fidence to the Courts ? So he had thought in the case of pub lication. On what ground could they defend freedom of de bate ? Upon statute ? He thought a good argument, might be used to show that it was not upon Statute, for the Speaker, at the commencement of the Session, prayed the Crown, among other things, for freedom of debate. Surely the House would not do this if they had this privilege by Statute. A re solution of the House could not contravene the general law of the land. In MIS, it was solemnly decided by the Court of Queen'sßench " that the Judges are judges of the lives and lands of Members of Parliament, and, therefore, of their privileges, and that no outrages were ever made against Great Mi nisters of State in Pasliament that had not been punished." Then here was judicial authority that freedom of speech in Par liament should not be pushed beyond certain limits. And sup pose it should be contended that the grant of freedom of debate depended en the provision that all the proceedings were secret —might not a more plausible argument be used for denying the freedom of debate in the presence of strangers and the public, since any individual Member might abuse it for the pur pose of malignity, than could be urged against a public act of the House of Commons, against whom no malice could be presumed ? And supposing that privilege were opposed on that ground, should they submit the question to the decision of the Courts of Law ? If so, should they not hold their privilege of freedom of debate at the mercy of the Courts? Now, if they had been wrong in committing the plaintiff, the attorney, and the Sheriffs, it was not the Judges who were to be judges of their privileges. The House did not hold them at the mercy of the Judges; if they did so, they would also hold them at the mercy of any Court who might choose to question them. The Bil' of Rights said, proceedings in the House could not be questioned, but the Judges maintained that al though proceedings in Parliament could not be questioned, vet if they made such an order as that certain documents should Is e published for public information the printer, who acted by the authority of the House had no other protection than any other publisher in London. Mr. Justice Littledale had said that the privileges of the House might be subject to the jurisdiction of the Quarter Sessions or the County Courts, and the other Judges concurred. Now, were they right in saying that? The power of the Court of Queen's Bench was shared by every Inferior Court in the kingdom. It was in vain to say the persons who presided at these Courts were not so learned as the Court of Queen's Bench. If the law had made them Judges of their privileges, they had equally the power to decide upon them ; then the next step would be, that the House of Commons would hold these privileges sub ject to their baing questioned by every inferior Court. But supposing that the inferior Courts, having less claims to a character for learning, took upon themselves to judge of the privileges of that House, how were they to be dealt with? The House could only take measures against the ministerial officers.—(Hear, hear.) It could no more decide against them than against the Court of Queen's Bench. It could only proceed again. t them as it had proceeded against the Sheriffs. The humble situation of an officer of the Court would not give him an exemption.—( Hear, hear.) The House would have no alternative but to submit its privileges to the judgment of every inferior Court in the kingdom. He would ask any man, whether the House of Commons could exist if the inferior Courts were to have the power of deciding upon its privileges ?—( Hear)—if the exercise of those pri vileges were to be dependent, not merely upon the superior Courts of Law, but upon the Quarter S ess i ons , and every other infei ior tribunal, in the country? He had, up to this point, considered only the interference of the Courts of Law in civil proceeinngs. How would it be, if the question of privilege were brought before a Criminal Court ?—( Hear, hear.) \Peat would it be, if the obedience of a servant of the House tr., the orders of the House were made the subject of an indittment ? In a civil case a writ of error might be brought, and the matter, as had been suggested, might be carried before the House of Lords. But in a crimi nal case, what could the House do ?—( Heat . ) He felt for the hardship of the Sheriffs' position ; and nothing but the para mount importance of the question of privilege would induce him to resist a motion for their liberation. But he felt that if the judgment of the Court of Queen's Bench in this es.se should stand unaltered, the Constitution of England avould have received an irreparable injury.---( Hear, hear, He did not overlook this peculiar difficulty of the case, tisat the House had committed to prison men who were not g'7.'t . ity of any moral offence,._( Hear, hear.) But they wer'..i instruments, how ever unwilling, of a violation of the privileges of the House. • Messrs. H ansard had only done wtiat they were ordered by the House of Commons to do, and what they had the experience of two hundred years to warrant them in doing. The Court of Queen's Bench said to them :—" We cannot enter the walls of the House of Commons,t: L m o u o s k t i d n e g t ai o all the you a s the m ini s . terial offic ers o f that House." circumstances n of the c ase , h e did regret th e course w hi c h t h e H ouse had taken. If that course were z e ow to be departed f r o m , th e pri vileges of th e House would , ;: , n he te h n d times the j eo p ar d y i n which they wer e now placed. r (public proof th a t t h ey had the p y owe a r , th at co a m ll m eznts A ,given ques tion certainly arose as to wheth er they had the power t o pre- vent the payment of the damages. He thought that they had. If they could do so without bringing the House into conflict with the Coot tof Queen's Bench—if they could do so without resorting to that extreme expedient of bringing the military into action to resist the posse commitatus—it certainly would be the most desirable course.—( Hear. ) It had been suggested that the difficulty could be met by repeated adjournments, but he be lieved that they had come to that state in which a united Go vernment should submit to the House some comprehensive course by which its privileges might be preserved.—( Cheers. ) He would repeat, for the advantage of the Hon. Member for Finsbury, that if the House of Commons was not able to exer cise its privilege in this particular case, he would not re-e-'n a Member of that House. He did not see any objection to a declaratory B 11. He admitted that even a purely Declaratory Bill might appear to throw some doubt upon their privileges; but if the House hesitated to pass such a Bill, and those actions were to go on, an impression would be made upon the public mind, that the House of Com mons was doubtful of its own privileges. He saw no difficulty, for the idea might be taken up by other Juries that they were to go on increasing the damages. and the next ver dict might be, not for six hundred, but for six thousand pounds. There was a very difficult question to determine, which he, as a professional man, could not undertake to decide on—it was, whether they had any effectual means of preventing the pay ment of the money to Stockdale.—( Hear, hear.) However strongly he contended for the privileges of the House, there were important reasons why they should proceed at once with out any further delay, and they should consider what was to be done with respect to the, new actions which they might be as sured would be instituted during the prorogation of Parliament. There would then be no appeal front the decision of the Jury, and the Court of Queen's Bench,the last resort would order the payment of any damages, however large, which that Jury might award. Were they to plead in such a case ? He, for one, should say no. The Noble Lord opposite had suggested the course of pleading and of committing at the same time the plaintiff and the attorney in the action. There might be some more subtle reason which he could not comprehend for such a course ; but it appeared t o him that the fact of pleading, and afterwards committing the attorney and the plaintiff, would be a most extraordinary proceeding. If Mr. Hansard were to plead in the case, let hint plead distinctly on its merits, and let hint not do so with their connivance.—( Hear, hear, hear.) He should come then to one or other of two conclusions, either to persevere in their present course, or by a Declaratory Bill to maintain and render still more efficient the power which they possessed. He hoped that the Noble Lord, who had op portunities of putting himself in communication with the Lord Chancellor and other high authorities, would maturely consider the question. He should be sorry, for his part, to offer the Noble Lord any impediment on the occasion, because he de clared he was sincerely desirous of discharging, as he should think best, his duty to the House and the country. That Noble Lord had recourse to much higher authorities than he (Sir Robert Peel) could command, and if he were to tell him that there was a hope of passing with the concurrence of the House of Lords, a Bill which would make their power unquestionable, and which wculd render it more complete, it would be in conformity with the course he had uniformly recommended to accede to it. But if they were to fail in that, and if they were not to gain possession of that greater power, he saw no alternative which remained to them but to persevere in the attempt which they had already math-, for the maintenance of their privileges.—( Cheers.) He would then trust to the influence of public opinion, and to the good sense of the public, and the conviction that they had no personal interest in the course they were pursuing—' (Cheers)—in maintaining those privileges which the people of England had confided to them, trusting that they .would receive that support which, if the public felt interested in the cause of good Government, and in the maintenance of free institutions, woold be extended to them, and which, he thought, should ultimately crown their efforts with success.—(Cheers.) Mr. I)ARBY said a few words in favour of his motion, which did not distinctly reach us. He thought the Noble Lord the Member for Stroud had said much that was favour able to his resolution, and he trusted that he would have his vote, anti that of his colleagues, on this occasion. Strangers were then ordered to withdraw, and the House divided, when there appeared— For Mr. Darby's motion for the release of the Sheriffs ... Against it Majority against the motion —7l On our return to the gallery, we found t he Clerk at the table reading the last petition that had been presented by Messrs. Hansard, stating that they had had another action brought against them. At the conclusion of the reading of the petition, Lord JOHN RUSSELL said he proposed to take the same course as was taken with respect to the action brought on the lst of August 1839, and that was to declare that the Minutes were published by order of the House, and to direct Messrs. Hansard not to appear to plead to the action. Sir E. SUG DEN said he had a notice on the paper which stood first, to the effect that Messrs. Hansard be at liberty to defend the action brought against them by Mr. Stockdale, as they shall be advised, not involving the privileges of this House. With the permission of the House he would move that as an amendment to the motion of the Noble Lord. There were but two courses, one was the course which tho Noble Lord had suggested, and the other was that which he (Sir E. Sugden) had proposed as an amendment. The course proposed by the Noble Lord had failed, and large damages had been paid over. He (Sir E. Sugden) begged to give fair notice that he would on every occasion oppose any attempt to fix the public with the costs of actions after this time. Allowing judg ment to 'im by default was an acknowledgement of the right of action, and he should not be astonished if the nest Jury gave a verdict to Mr. Stockdale for 10,000/.—( Hear, hear, and a laugh.) Sir V. FOLLETT would vote against the proposition of the Noble Lord, and implored him to look at what would he the practical effect of it if adopted. There would only be another verdict, and another execution, and the damage would be handed over to Mr. Stockdale. The advice he woul give, was to direct Messrs. Hansard to plead that they made the publication by order of the House of Commons, as the Noble Lord said it was intended to intreduce a Declaratory Act. He d'd not agree in the amendment of his Right Hon. Friend the Member for Ripon, because he thought that amounted to an evasion of the question, and an abandon ment of their privileges, and he should vote against that amend ment. He should also vote against the proposition of the No ble Lord, because he was against allowing judgment to go by default. The ATTORNEY-GENERAL thought the HP:use would be laughed itt by the whole world if they instru:cted him to appear and plead their privileges in the bar af., er the decision which the Court of Q ueen ' s B enc h had pronounced. The only course was to refuse to appear. He hoP'ad that some effectual means would be found to put a stop t', these proceedings, and that the constitutional privileges of the House would be brought vigorously into action ; so that Mr. Stockdale might be prevented from reaping any benefit from the course he was pursuing. There was peril oa the one side, and destruction on the other, and he thought it was better to encounter the peril than to submit to the destruction of their rights and privileges. The House then divided, and there appeared—. For the Motion For the Amendment Majority for Lord J. Russell's Motion-- 90 Lord JOHN RUSSELL then moved that John Joseph Stockdale, in commencing a fresh action against Messrs. Han sard for the publication of papers by order of the House, had been guilty of a high contempt and breach of the privileges of the House. 148 58 Mr. LAW would submit to the House that it was now called upon to adjudicate upon a free t attempt of Stock&le to bring an action, and that he be s , ,nt to "New - gate without being heard. He should therefore To.'",,ve as an amenament that Mr. Stock dale be called to th~ bar on Tuesday next. Sir E. SUG S 3EN wished to ask if it was competent to the House to c , ;fl-irnit this man without without calling him to the Bar ; :he SPEAKER said it w•as perfectly competent for the House to do so, if thefivere convinced that Stockdale was the plaintiff in this action. Lord JOHN RUSSELL said they had had more evidence in this case than in that of Sir John Hobhouse. Strangers were then ordered to withdraw, and the House divided— .. 132 For the M0ti0n...... For the Amendment.. Majority. EXCHEQUER BILLS. The CHANCELLOR of the EXCHEQUER wished to state, in reference to former questions (from Mr. Ilerries), that the imagined overplus of four millions in the funding of Exchequer bills by Lord Monteagle arose thus ;—The financial year ended sth April; Exchequer bills were issued in March, and June ' • in 1839, provi s io n was ma d e f or t h e bill s o f J une 1833 and March 1839, by the 24010,000/. ; but those issued in June 18:39 remained. Hence the vote for 4,000,000/. had been taken. .• - 98 Mr. HUME wanted distinctly to know if 24,000,000/. had been raised as the House intended, or 28,000,000/. by a double vote. The CHANCELLOR of the EXCHEQUER said the vote had been exactly what the House intended. The irregularity arose from the difficulty of the financial year's arrangements. Sir G. CLERK said what was to be explained was how the 4,000,000/. of surplus Ways and Means of last year were to be brought into the public account. COPYRIGHT OF DESIGNS COMMITTEE. On the motion of Mr. E. TENNENT, the following Kern bets were appointed to the Committee on the subject. Sir R. Peel, Mr. Shiel, Mr. E. 'Ferment, Mr. Mackinnon, Mr. Grimsditch, Mr. Bakes, Mr. Herries, Mr. M. Phillips, Mr. Oswald, Mr. Stansfield, Mr. W. Williams, Mr. Hutton, Mr. Godson, Mr. G. Wood, and Mr. Ewart. The House adjourned at Two o'Clock. COURT CIRCULAR. - ---~•-- The Duchess of Cambridge presented Lady Augusta Somerset to the Queen y esterday at Buckingham Palace, on being ap pointed Lady in Waiting on her Royal Highness. Madame Dedel, the Lady of the Netherlands' Minister, had an audience of her Majesty on Thursday at Buckingham Palace. The Princess Augusta visited her Majesty yesterday. Viscount - Melbourne had an audience of the Queen. Tie Royal Dinner party, at the Palace last evening, in cluded the Earl of Errol and Viscount Alelbourne. Her Majesty the Queen Dowager took an airing yesterday in a carriage. The Princess Augusta visited the Duchess of Gloucester yesterday at Gloucester House. The Duke of Sussex visited the Duke and Duchess of Cam bridge yesterday, at Cambridge House. The Duke of Cambridge visited the Princess Augusta yes terday, at Clarence House, St. James's. Lord Lismore and Lord Hill had interviews with Viscount Melbourne yesterday, in Downing -street. The Military Secretary to the Commander of the Forces, Lieutenant-Colonel Rushbrooke, M. P., and Mr. Barrow, had interviews with the Marquis of Normanby yesterday, at the Home Office. The Judicial Committee of her Majesty's Most Honourable Privy Council sat yesterday, hi the Council Chamber. The Lords present were Mr. Baron Parke, Air. Justice Bosanquet, Mr. Justice Erskine, and. Dr. Lushington. Sir E. East sat as a Privy Councillor. nr. C. Creville, and the Hon. W. Ba thurst, the Clerks e the Privy Council were in waiting. Mr. Wigram (Queen's Counsel), Air. Lloyd, and Mr. .Moore for ti:e Appellants, and Air. Pemberton (Queen's Counsel) for the Respondent, appeared on a motion, in an appeal prom Bombay. Sl.r William Follett was beard for the Appellant, in an ap- P:eal respecting the ship Winwick, from the Vice-Admiralty Court of Gibraltar, Barton v. Shirreff. Dr. Niacin com menced his address on the same side, but had not concluded when the Court rose at four o'clock. .11 M _ER _AJESTY'S MA RRIA GE.-It is passing strange that whilst the neighbouring towns are holding meet ings to consider the most proper manner of expressing their joyful feelings on the occasion of her Majesty's nuptials, that Cheltenham should alone be backward. We trust that some plan will be put in force to allow the public generally, and poorer classes in particular, to demonstrate the royalty of their feelings on the happy occasion ; and we beg to suggest that a general illumination take place on the occasion, as the esta blished expression from time immemorial of English rejoicing. —Cheltenham Examiner. HON. ARTILLERY COMPANY.----The officers and members of the Honourable Artillery Company will dine tngether at the Armoury House, on Monday next, to celebr;.te the royal nuptials. TTIE STTN. LONDON, SATURDAY, PFEIMATIV P, L'.lo 13, GREAT MARLBOROITH-STREET. pRINCE ALBER T AND THE HOUSE OF SAXONY. Mr. COLI3URN has the honour to announce that he has this day published " MEMOIRS of PRINCE ALBERT and the HOUSE of SAXONY, from Authentic Sources. vvu By FREDERICK SIIOBERL, Esq., In One Vol., post Bvo., with a Portrait of the Prince, Price ss. (id., elegantly bound. Henry Col burn, Publisher, 13, Great Marlborough -street. Orders received by all Booksellers. THE NEW HISTORICAL ROMANCE. Now ready, in 3 vols. post Svo., LADY JANE GREY. AN HISTORICAL ROMANCE. By the Author of " Royston Gower," " Fair Rosamond," &c. Henry Colburn, Publisher, 13, Great Marlborough -street. EMBELLISHED with a PORTRAIT of MR. HOOK.: In 3 vols. post Bvo., COUSIN GEOFFREY, THE OLD BACHELOR. A Novel, Edited by THEODORE HOOK, Esq. IS NOW READY. Richard Bentley, New Burlington-street. NEW ROMANCE BY THE AUTHOR OF " THE PILOT." Just ready, in 3 vols. post Bro., H E PATH FINDER OR, THE INLAND SEA. By J. FENIMORE COOPER, Esq. Author of " The Prairie," "ThaPioneers," "The Last o: the Mohicans," &c. Richard Bentley, NQw Burlington-street. THEATRE ROYAL COVENT GARDEN. UNDER THE MANAGEMENT OF MADAME VESTRIS. THIS EVENING, FEB. 8, Will be repeated the New Original Play in Five Acts, written by Leigh Hunt, Esq., to be called A LEGEND OF FLORENCE. Francisco Agolanti, Mr. Moore; Antonio Rondinelli, Mr. Anderson ; Cesare Colonna, Mr. G. Vandenhoff ; Fulvio Da Riva, Mr. Bartley ; Giulio, Mrs. Waiter Lacy ; Ginevra, Miss Ellen Tree. mime, entiiled HARLEQUIN AND THE AIERRIE DEVIL OF ED- MONTON ; OR, THE GREAT BED OF WARE. WWI entirely tiew Scenery. Machinery, Dres;433, and De- TO CORRESPONDENTS. " A Constant Reader."—Yes. .4 , v . 00. • • -t . • The privilege question was again brought be;One the House by the adjourne I debate being renewed. Sir EDWARD SuGDEN declared that the release of the Sheriffs was on!) , a question of time, and they must be released when the Parliament was prorogued, if not before. He censured the committal of the Sheriffs, for it was punishing vicariously the Sheriffs for the Judges, and commented at great length on the law of the case, and on the previous proceedings of the House of Commons. The H: use was occupied through the whole even ing with this subject, several lawyers speaking, amongst whom the LORD ADVOCATE and Sir FREDERICK PoL LOCK condemned the decision of the Judges, who seem to be unsupported save and except by some few briefless and beardless barristers. Finally, Mr. DAREY'S motion to release the Sheriffs was lost by 94 to 165. Lord JOHN RUSSELL subsequently Iw - wed that Mr. HANSARD do not plead to the new action. Sir EDWARD SUGDEN moved that Mr. HANSARD ha at liberty to defend the action. A brie: debate ensued, which terminated by Lord JOHN RUSSELL'S motion being carried by 14S to .58. The Noble Lord then moved that Mr. STOCKDALE, by commencing a new action, had been guilty of a high breach of privilege, and of contempt of that House, which motion was carried, on a division—Mr. LAW wishing to call Mr. STOCKDALE again to the Bar on a future day—by 132 to 34. The CHANCELLOR of the EXCHEQUER gave a❑ ex planation of the double vote of credit which was taken last year, and which refered the mistake to the difficul ties of the financial year. Lord MONTEAGLE'S repu tation does not grow on the world with time. The House sat till Two o'clock. The Common Hall yesterday came to an almost unanimous resolution to petition the House of Commons to discharge the Sheriffs. A similar petition from Wallingford was also presented to the House of Commons last night. Undoubtedly the attempts made by the present Ministry to reform the Corporation of London, and their interference with the City Police, have had considerable hiflu ence in throwing the popular feeling on the side of the Sheriffs, and against the House of Commons and privilege. But independently of that local and temporary cause for the citizens, and for the inhabitants of other Corporate towns, siding against the Commons, the general popularity of that House is, by some of our Liberal Contem poraries, very much overrated. It yet represents, in truth, but a very small portion of the commu nity, and the considerable number of small boroughs still under the power of a few Noblemen and Gen tlemen, together with the manner in which the great landowners dispose of the representation of the coun ties, give it, even now, so much of the character of an oligarchy that the people by no means think that their liberties are safe in its keeping. To entrust such an assembly with arbitrary power, would be most dangerous. To keep it tolerably honest, moderate, and prudent, a continual watchfulness on the part of the public and the Press is necessary ; and, contrary to same of our Liberal Contemporaries, we believe that its claims will not be generally sup ported. Having the power to settle the question by legislation, and, such being its duty, neglecting to perform it, has not recommended it to the public. If our Contemporaries forget the history of the Reformed House, there is one part of it which we believe the public remembers too well to wish to see its power unbounded and not to be questioned. Last Session that House was engaged for some weeks in discussing a Bill for settling controverted elections, and during that discussion the Members gave each other and gave the House a very bad character. It will be remembered, too, that this Bill was mainly produced by the attack which Mr. O'CoN NELL made on the character of Members, w hi c h we might incur a penalty were we now to repeat. The House was by no means raised in public estimation by his success, and by the accusations then mutually hurled by the different parties against each other. Nor will it be raised in public esteem by the fact that amongst the gentlemen who were then the loudest in depreciating the honour and good faith of the Members of the House of Commons— who loudly declated that in that House there was no respect for an oath when party interests were at stake—are now to be found the warmest sticklers for the privileges of the House. When this fea ture of the Reformed House of Commons is re collected—when its oligarchical constitution is taken inta account—when its past conflicts with the people are remembered, it must be generally concluded that any claims it makes to a power above the law will not find favour in the country. We must mention, howoyer r itr its credit, that all the lawyers of any celebrity who have spoken in the House of Commons have admitted that the judgment of the Queen's Bench was erroneous, and contrary to law. The SOLICITOR-GENIERAL, on T 0 Monday, following Sir W. FOLLETT and the AT NE RA L' who madet4 had bef ore d e li vere d point quite clear. bast ItN nEght Gsi-Y Sir E E.SUGDEN, a similar opinion, reiterated the assertion that the judgment of the Court of Queen's Bench was wrong in finding that the publications of the House of Commons were not privileged. Sir F. POLLOCK delivered a similar opinion. The Judges are, therefore, generally condemned by the legal profes sion, while the House of Commons is by no means supported by the country. It is nothing singular that both parties to a :quarrel should be wrong, that is generally the . case ; b ut i t i s sin gular that those parties should be nearly the highest judicial and legislative authori ties of the empire. Mankind, it is generally sup posed, require some rules to steady their judgment by, and that such rules are usefully made by these high judicial and legislative authorities. But when they are thus found in error, one depreciating the other, the basis of all confidence in what they decree is at once swept away, and mankind are thrown back on their own passior-?, in stincts, and caprices, to find, if they can, in them a more enlightened guide than the one which is thus ruthlessly destroyed. At another time the conflict between one of the high est Courts of Law and the House of Commons, might be of comparatively little moment, though it might then more excite the popular feeling than at present. But now when there is everywhere a disposition to cast off authority—when prescrip tion no longer lends its charms to any one of our institutions—when the bulk of the nation are looking out for new leaders, the conflict must be considered as one of the important signs of the times, and as hastening the moral revolution which is now making a rapid progress. PA LEY's deferiv.ofS Church Establishment is founded on the-principle that the clergy are the possessors and guarclistris'a . a great body of, truth, which they hand. A* corruptedg bge to age. The Tory writ of 111 present' day take a different view, and 9114 r Church extension on the principle that the clerg: constitute a great moral police, which aids the criminal law, and ', , prevents, in a great number el tices, the necessity-of because , . it is useful to its application. Thd..ChW i ch his on this plea to be d egivlature pro tthrcotioL, the truth or jo f,. its doctrines is no longer attain t supportedtheo i t and soelbtj..e e* t o e n v , ti d ' el poses . worth an inquirr, aVe must confine, ourselves to in vestigate its utiAtY• the falsehood If it answer, like.the Metro politan Police, t h e purpose of checking immo rality, it shoid4 be preserved ; if otherwise, it ought not to by-'enlarged, but curtailed and de stroyed. 'under Looking at !lunder this aspect, it is perfectly clear that it has 'Yar:'less hold of the people, and is far less useful th;in either the Roman Catholic or the Presbyterian Churches. The multitude have no affection for it, as the Irish have for their Priests, and have separated themselves en tirely from it. Between the Anglican Clergy, who are nearly aft taken from the aris tocratic classes, and all bred up at aris tocratic schools, and the poorer classes, there is no sym . path)r nor communion. The Vicar or the Rector is tot often on th e b enc h , and too generally the ally of the Squire, for the rustic to regard him with other sentiments than those of awe and aver sion. Bishops, Prebendaries, and Deans never come near the bulk of the people, and have no communication with them whatever. Archbishops are like little Kings, to be obeyed and respected. The Irish priests, and the Presbyterian pastors being in general taken from the middle or lower classes, have some sympathy with their flocks, and in general are beloved by them. To make the Church of England the moral police it is supposed to be in theory, the class of men taken for clergymen should be dif ferent, their education should be different, their emoluments should beklifferent, and their sympathies should be not with-the-aristocracy but with the de mocracy. As a police the Church of England is the most costly and least efficient establishment the wit of man ever devised, and before it be extended it should be remodelled. We therefore much thank the Tory Journals for at length placing the Church on its proper basis, and the whole com munity will now be able to judge of its utility, as it would judge of a ship of the line or a regiment of • foot. Its use as a police force, must be compared to its cost, and it will be found that all the police of Europe costs less than the Church of England, while for the preservation of order and the preven tion of crimes, it is less useful than the old con stables. Notwithstanding its inutility, however, it is a source of patronage and power which is and would be almost exclusively at the command of the Tories, and be employed to promote their factious and nefarious ends. Accordingly, they are making great efforts throughout the country to get up pe titions to back Sir ROBERT INGLIS when he brings forward his motion on the subject. Those who do not wish to burden the country with the extension of this new species of police, under the name of religion, should meet the Tories on this ground, and at once petition against Church extension. The Times told us not many months ago that we had too much Church ; we have still too much Church, as the conduct of the Bishops and other priests shows, and the ex tension of what is already too much should be im mediately and strenuously resisted by all the friends of economy and of civil and religious liberty. The scandalous, outrageous, exaggerated, and false statements, which have of late been so industriously put abroad about the Socialists, are designedly in tended to frighten the nation into increasing the numbers, the emoluments, and the power of the Priesthcod. Letters from Constantinople announce that the SUI.- TAN has appointed ACIIMET-FETIII-PACDA, a member of the newly constituted Council of Justice, to be Mi nister of Commerce, and has given him his High ness's sister, the Sultana ATTICII, in marriage. SAID• PACHA has likewise been elevated to the office of Mi nister of Marine, the duties of which cannot be very onerous, while the ViCEIL9Y continues to keep the fleet at Alexandria. The French Papers of Thursday have all reached us. The Commerce h•is a long article on the commer cial relations between England and France, into the merits of which we have not space to enter. The Na tional notices the circulation of a rumour in Paris to the effect that the Prussian Ambassador had noticed to the French Cabinet the King of PRUSSIA'S approbation of the Anglo-Russian Alliance, We suspect this to be pure invention. The news contained in these Journals will be found in the subjoined extracts : The letters from Vienna of the 30th of January announce the death of Count Clam Martinitz, Field Marshal and Ad jutant-General to the Emperor. Count Clam Martinitz was the favourite of the Emperor. and the most declared partizan of the Russian policy.— Constitutionnel. TELEGRAPHIC DESPATCH. " BAYONNE, FEB. 5. " The Sub-Prefect of Bayonne to the Minister of the interior. " According to the accounts from Madrid of the Ist in stant the Moderados have decidedly had an important ma jority in the general election." According to the letters from Madrid of the 29th of Ja nuary, which cantain later news than the Journals of the same date, the result of the elections then known at Madrid was as follows The Moderados had 144 elections, and the Exallados 71 ; the result of 33 was not known.—Le Moniteur. Letters from Toulon say that orders have been received there immediately to arm the Nestor and Couronne of the line, and the frigates. It is believe lat Toulon, that orders to arm all the disposable ships of the line have been sent also to the Ports on the Ocean. It is said that the Belle Ponta, the Amazone, and the Junon frigates, will form part of the reserve squadron. The return of part of the English fleet to Malta, which is come to re-victual there, places the English and French forces stationed near the entrance of the Bosphorus nearly on an equality; and as the equipment of our reserve squadmn is prosecuted with all diligence, it will be pos sible, when Admiral Stopford returns from Malta to the Dardanelles, for Admiral Rosatnel to join him there. It is said that the Minister of Marine intends to apply to the Chambers for an increase of his budget, in order to augment the cudre of the navy, in order to build ten steam boats, each of 400 horse power, capable of carrying from 10 to 16 guns, when it may be necessary to fit them for service in time of war. The number of naval officers is sufficient ; it is the number of men registered that must be augmented ; for its inadequacy is now too clearly de monstrated by the difficulties that are found in forming the crews of the ships of the line which are fitting out. It is true that complaints are . made likewise in England of the difficulty of raising recruits for the royal navy. — Le Commerce. We entirely concur in the following notice given by Mr. Brotherton last night. The humane and heroic conduct of Captain Clegg and his crew, has elicited universal approbation. Subscriptions hove been-raised for them in almost every seaport town, and the country at large would be highly gratified if the proposed address were carried in the Commons, by general acclamation ; " That an humble Address be presented to her Majesty, praying that her Majesty will be graciously pleased to confer upon Captain Clegg, Commander of the merchant ship the Huddersfield, of Liverpool, some mark or title of distinction suitable to that peculiar heroism which braves danger in the rescue of human life ; a spirit.of humanity so worthy of encouragement, so congenial t o our nature, and so becoming the character of a Female Sovereign to notice, and which was so nobly exemplified towards the crew and passengers of the steam ship William Huskisson, from the wreck of which the Captain of the Huddersfield and his ship's com pany, saved ninety-three persons, including fifteen women and some children, from inevitable death." SUPPLEMENT TO THE LONDON GAZETTE OF FRIDAY, FEr. 7. WAR-OFFICE, FEB. S, 1840. Her Majesty has been pleased to appoint his Royal Highness Francis Albert Augustus Charles Emanuel Duke of Saxe, Prince of Saxe Cobourg and Gotha, K.G., to be a Field Marshal in the Army. Commission to be dated Bth February, 1840. Saturday, Feb. 8, 1840. THE APPROACHING MARRIAGE OF HER MAJESTY. PREPARATIONS IN THE CHAPEL ROYAL In the course of yesterday afternoon, the Queen visited the Chapel Royal. Her Majesty was atteiidQd by the Duchess of Sutherland, Lady Charlemont, the Lord Cham berlain, and Lord Alfred Paget. After carefully viewing the alterations which have been made, and the decorations progressing in the interior, her Majesty was understood to have graciously expressed her approbation. The chapel is still in an unfinished state. The Banqueting Hall is a noble and lofty apartment. As many as 200 persons have been there entertained by his late Majesty. The walls are covered with velvet paper of imperial purple and gold. From the ceiling are suspended three gilt candelabras of exquisite workmanship. The banquet which is to be held here by the members of the Royal Household on the evening of the Queen's bridal day will be of the most sumptuous character. The whole of the royal plate is ordered from Windior. This is of the most costly description, and consists of heir looms of the Royal Family, and presents from foreign potentates to the Sovereigns of Great Britain. A splendid sideboard is in preparation for its reception. The Lord Steward (Lord Errol) will preside. At present no more than 150 invita tions have been issued. The preparations for a general illlumination in honour of the Queen's marriage on Monday are very general throughout the metropolis. At all the public buildings in the City and East-end operations have commenced, the workmen throughout yesterday being employed at the India-house, the Bank, the Mansion-house, Guildhall, and the Post-office, in raising and affixing boarding to form a ground for the devices ; these preparatory works are on a most extensive scale, and it is said that the splendour of the ensuing illlumination will be unequalled by anything that has preceded it. This feeling of loyalty is not confined to the metropolis; for we learn from the various provincial journals that similar festivities will be general over the kingdom. At Hertford, Ware, St. Albans, and other principal towns in the county of Herts, it is intended to give the poor a treat in the day-time, by affording them a comfortable enter tainment ; and in the evening there are to be public balls, at which most of the respectable inhabitants of the several towns and districts have expressed their intention to be pre sent. Subscriptions have for some time been going on, for the purpose of carrying into effect these objects. At Liverpool also there will be similar proceedings, and the Mayor has already issued above a thousand cards for a ball and entertainment, to take place on that evening. The feeling, indeed, throughout the country is general. At Hull there is to be a grand procession to the High Church, and a religious service. At Boston, the marriage is to have a double celebration, a public, dinner being announced for Monday in the new Assembly-rooms, and a ball and card assembly in the same place the following Thursday. The proceeds are to be given to the General Dispensary.—Lincoln Mercury. In Glasgow there is to be a grand dress ball in the as sembly-rooms. The fitting up of the ball-room and other arrangeme nts are to be quite o f a novel cha racter, and whole affair will be conducted on a scale of grandeur and ' magnificence never before attempted on any other occa sion in that city. It is not yet known what the magis trates of Glasgow intend to recommend in the way of a ge neral rejoicing. In Edinburgh, at the Council meeting, the magistrates got powe r to act as the y thought prop er , as re• gerds an illumination, but it was understood that they would not. REMOVAL OF Mn. STOCKDALE TO NEW GATE.—This morning, a little after eight o'clock, Mr. John Joseph Stockdale was removed from the prison of the House of Commons by the officer of the Serjeant-at-Arms, to the gaol of Newgate, upon the Speaker's warrant, and the Governor (Mr. Cope) gave a certificat e th a t h e h a d rece i ved the prisoner in his custody. The prisoner appeared to feel grateful that he was removed from the miserable apartment in which he has been confined, to a far better domicile. WO ODCOT-FRIDAy. - (FROM A CORIZESUONDENT.) MELANCHOLY ACCIDENT. —This afternoon, about two o'clock, as the Hon. Charles Stonor, brother of Lord Camoys, was watching the fall of a .large beech tree in his park at Holm wood, near Henley-on-Thames, from the saturated state of the ground it suddenly fell on, cnd so seriously injured him that he survived the accident but a few hours. Lord Camoys arrived by the Western Railway at Henley, about four o'clock, where the fatal in telligence reached him, and his Lordship arrived at Holm wood about two hours before his brother's decease: WOODCUT MURDER.—The ring of the unfortunate Fanny Phillips was yesterday found in the cottag e of Morley, whose committal for the crime we stated a fort night since. When on board the hulks at Woolwich, h e told a person the old woman's ring was hidden in a razor case at his house ; yesterday the premises were searched, and the article long. sought for was found in the place and manner described, - affording a still further evidence of the guilt of the prisoner. corations. Har.etluin, Mr. C. J. Smith; Clown, Mr. T. Ridgway; Pantaloon, Air. Morelli ; Merrie Devil, Mr. Gibson ; and Co umbine, Miss Fairbrothr. Theodore, Mr. J. Vining; Matthias, Mr. W. Farren ; Gim blet, Mr. Meadows ; The Baroness de Serigny, Mrs. Orger ; Celine, Miss Lee; Madame Gimblet, Miss A. Taylor. Dress Boxes, is; Second Price, 3s. tid. ; First and Second Circles, ss. ; Second Price, 2s. 6d. ; Pit, 3s. ; Second Price, 2s. ; Gallery, Is. Doors to be opened at half-past Six—the performances to commence at Seven o'Clock. Tickets and plaees for the Boxes to be taken of Mr. Notter, at the Box-office, from Ten bill Four, where Season Tickets may be had upon application. Private Boxes to be had solely of Mr, Andrews. bookseller 167, New Bond-street, ROYAL SURREY THEATRE. In compliance with the innumerable requests for the Revival of the Original " Jack Sheppard, that popular and extra ordinary Drama will be acted every Evening, with the Grand Comic Pantomime, which has been witnessed by upwards of 100,000 Persons, and allowed to be the best in London. THIS EVENING, FEE. 8, Will be acted Ainswor h's Drama, entitled JACK SHEPPARD. Embodying all Cruikshanks inimitable' Tableaux Vivans. To conclude with the New Grand Christmas Pantomime, called THE QUEEN BEE, OR HARLEQUIN AND GOODY TWO SHOES, The splendid Scenery by Mr. Brunning—The magnificent Diorama by Mr. P. Phillips. Columbine, Miss Sharpe; Harlequin, Clown, Pantaloon, and Sprite, by the Bolero Family. Messrs. Sams of St. James's -street} Andrews, Ebers, and Mitchell, Bond-street ; and Seguin of Regent-street, Book sellers, are Appointed to let Private and Public Boxes during the run of t.hi• Pantomime. MARRIAGE HER MAJESTY. HER MAJESTY'S MARRIAGE, IS OF. FICIALLY ANNOUNCED TO TAKE PLACE ON IVIONDAY NEXT, THE 10TH INSTANT. ON THIS AUSPICIOUS OCCASION " THE SUE" WILL CONTAIN T 1 ;1'0 BEAUTIFUL MEDALLION PORTRAITS OF THE QUEEN AND PRINCE ALBERT, EXECUTED IN THE VERY FIRST STYLE OF THE ART. THE LIKE NESSES ARE PRONOUNCED BY COMPETENT JUDGES TO BE AD MIRABLE. THE EXPENSE OF PRODUCING THESE PORTRAITS HAS BEEN VERY GREAT; BUT THE CHARGE WILL ONLY BE ONE SHILLING. THE SUN, CONTAINING THESE PORTRAITS, MAY BE RECEIVED BY POST IN ALL PARTS OF THE KINGDOM. PARTIES IN REMOTE PLACES CAN REMIT A SHILLING OR TWO, HALF A SOVEREIGN, OR A SOVEREIGN,-FOR ONE PENNY BY THE POST ; AND THEIR OR DERS WILL BE PUNCTUALLY AT TENDED TO ON MONDAY NIGHT. THE SUN WILL ALSO CONTAIN A FULL ACCOUNT OF THE AUGUST CEREMONY, WITH ALL PARTICU LARS APPERTAINING TO SO IN TERESTING AN OCCASION. ORDERS FOR THE " ROYAL WED DING SUN" WILL BE RECEIVED BY ALL NEWS-AGENTS AND POST MASTERS THROUGHOUT THE KINGDOM, AND AT " THE SUN" OFFICE, 112, STRAND, LONDON. Wednesday, Feb. 5, 1840. Z d in ,4-11.11+ LONDON: SATURDAY, FEBRUARY 8, 1840. The Annuity and the Naturalization Bills for Prince ALBERT yesterday received the Royal Assent. A petition was presented by the Earl of STANHOPE for inquiring into the Socialist doctrines, the success of which the Noble Earl correctly attributed to the dis tress and discontent of the people. It is not often we concur with him, but we do in saying that we see no propriety in the address their Lordships lately agreed to on this subject, and that a Committee to inquire would have been a more appropriate proceeding. In some conversation on the new Rural Police Act the Duke of RICHMOND said that it had doubled the county rate of the division of Sussex in which he lived. Their Lordships only sat for half an hour, and then ad journed till Tuesday. In the House of Commons, after the presentation of petitions, Mr. Sergeant JACKSON elicited from Lord MORPETH that a certain part of the time children went to school in Ireland was to be set apart for religious instruction ; that an alteration had been made in the form of applying for aid for local schools ; and that a conference had been held before the LORD LIEUTE NANT between a deputation from the Synod of Ulster and the Commissioners of Education, which would have the effect of removing misrepresentation on the subject of the National Schools, and that he had no objection to lay the documents connected with this co❑- ference before the House. In reply to Mr. GOULBURN, the CHANCELLOR of the EXCHEQUER stated that bills, votes, and papers, sent from the House of Commons, were to pass free ; but the House was to pay the postage, as is done at the public offices, making the rum so paid a charge in the expenses of the House. The CHANCELLOR expressed a wish to guard against reviving the abuses of frank ing ; but it may be doubted whether some abuses will not take place under the proposed plan. In answer to Mr. BoLLEn, Lord JOHN RUSSELL stated that the LORD CHANCELLO R had under his Con sideration a scheme for improving the administration of equity, which would embrace the Privy Council as a tribunal. ILFRACOMBE-FRIDAY. FROST, WILLIAAS, AND JONES. On Tuesday last durin,r; a heavy gale from the N. W., a steamer was observed beating to the westward ; she shortly ma d e f or t hi s h ar b our, and proved to be the Usk, of Newport. Great interest was excited on military being observed on board, and when the Preventive Officer at tempted to board her, he aas refused admission until he had produced his authority ; and when in the harbour the military were observed to be on actual duty, it immediately was whispered about that Frost, Williams and Jones were on board, on their way to the hulks. On the arrival last night of ne Sun of Monday, announcing that they had left Chepstow, per the Usk, at six o'clock on Sanday morning, the doubt was dispelled. This morning, although the wind had abated considerably, yet the sea was so high that it was not deemed piudent to move until the afternoon's tide. Here, for forty_eight hours, lay the vessel containing those three individuals, who have been the talk of the United Kingdom for the last three months, and exciting no other interest than curiosity. It being knolin that they would leave yesterday afternoon, the quay and the neighbouring hills were crowded to witness her departure. The steam had been got up in readiness, and instantly on her floating. a little after five o'clock, the power was put on the engines, and away she went. Lieutenant Langley of the 19th, had the military command. Fresh stocks of coals and provisions were taken on board. I understand that the spirits of the prisoners were very greatly indeed depressed. UNITED STATES. DREADFUL CATASTROPHE - ONE HUN- DRED LIVES LOST. The Louis Philippe, Captain arrived on the .1d inst., at Havre, from New York, which port she left on the 18th ult. The Garrick, from Liverpool, which sailed on the 14th December, and the Burgundy, from Havre, with intelligence to the 16th, were the latest arrivals from Europe. The interest attached _to the domestic news by this arrival is chiefly confined to the czlamitous loss of the steamer Lexington by fire, with a dreadful sacrifice of human life, of which full particulars will be found below. (From the Kew York Herald.) Our City was thrown into a fearful state of excitement yesterday afternoon (15th January), by the news brought by the steamer Nimrod, Captain Brooks, from Bridgeport, that the steamer Lexington had been destroyed by fire in Long Island Sound. The Lexington left New York on Monday afternoon with about 150 passengers, and 29 persons connected with the boat. She had a heavy deck-load of cot ton, and when about two miles from Eaton's Neck, and not far from Huntingdon, Long Island, the cotton and wood wcrk round the flues were discovered to be on fire ; and in one hoar she was burnt to the water's edge, and all but three persons perished--viz. : Hempstead, engineer of the boat ; Charles Smith, a fireman, and Captain Chester Hilliard, a passenger. We have received the following letter from Captain Brooks, of the Nimrod steamer, dated yesterday, on board his vessel, giving the particulars of the catastrophe as detailed by Capt. flilliard : " Sir,---I have seen Captain Chester Hilliard, one of the survivors from the destruction of the steamer Lexing ton on Monday night last by fire, and from him gather the following particulars :—The boat left New York at three o'clock—he thinks with about 150 passengers and full freight. About half-past seven in the evening, heard the cry of fire ; he ran on deck, and saw the fire bursting through the wood-work round the chimney. All was con fusion and terror in a moment. He ran up to the wheel to advise running for the shore, which Capt. Childs informed him they were doing, he being up at the wheel. He then ran down on deck. An attempt had been made to rig the fire-engine on board, but did not succeed. They rushed for the boats and jumped in, to the number, he thinks, of 20 in each, and lowered them down, while the boat was under full headway, and they filled immediately ; he is of opinion that not one of them escaped. The life-boat was thrown over; but caught the water-wheel, and was lost. He saw several floating with life preservers, but Captain Hilliard thinks none survived till morning. He advised tumbling over the cotton-bales, and assisted, he thinks, getting over ten or twelve, and lashed himself to one. When the steamboat stopped, which she did from some cause to him unknown, a man of tire name of Ccx, employed on board, got on with him about eight o'clock, and the braces under the guards were full of per sons, having gained that position as the last resort. He remained on the bale of cotton, and was taken off by Cep tain Meeker, of sloop Merchant, of Stockport. The sloop saw the fire soon after it broke out, and attempted to get out of the harbour; but it being shallow and the tide fall ing they caught ground, and did not get out until morning tide. Cox died about eight o'clock, on the bale with Hil liard. Captain Hilliard is now en board, from Bridge port to New York. We have heard particulars frightful enough to appal the stoutest heart, although imperfectly detailed. One ac count says that the fire was discovered under a tier of cotton bales, piled amidships, against the wooden box or frame which enclosed the pipe leading from the fire-room below, this boat having her boiler in her kelson, or under deck. This pipe led through the freight above, and the ignition of the cotton had become so extensive before the fire-engine and hose of the boat could be put in operation,that both crew and passengers were so overwhelmed in smoke arid the natural agitation of the moment, that all efforts to sub due the fire were unavailing. A rush was then made for the boats, but in the agitation of the time they were filled is overflowing, and were swamped alongside the burning boat. So far as we can learn, not a soul but the three above mentioned were saved. The deaths of the sufferers were awful—fire ! water ! frost and cold ! Oh God ! oh, God I can human imagination picture a death more hor rible ? The Lexington had $60,000 in specie on board ; $16,000 of this was owned by the Merchant's Bank of Boston. She was insured against fire, $lO,OOO in the Eagle office, and $lO,OOO in the North American. Over thirty stores were shut in the city as soon as the news was received. Capt. Hilliard was saved from perishing by frost because his body was in the water, and his head only out. He is now at the United States' Hotel. The boat drifted with the tide, and sank at three o'clock on Tues day morning, off Bridgeport harbour. Such is the fate of the Lexington, and the hundred bright, brave, beautiful, learned andigallant spirits that left New York in her, full of life, hope, and joy, no later than Monday last. It is feared that Professor Longfellow is lost in her ; the most correct list was burnt up on board the boat; perhaps no one will ever know all that were lost in her. The thought is awful. Finn, the comedian, the wit, the humourist, died this awful death. The German Professor, in Harvard University, was there. Captains Kindall and Foster had just arrived from South America, and were going on a visit to their friends. Two brothers named Winslow (with their sister and another) were taking'to Boston the corpse of their brother, who died here a few days since. In fact, we might fill our paper with interesting particu lars and touching domestic anecdotes of each one of the sufferers. It is possible that some one or two others may be saved, but it is barely probable. The thought is heart rending. We have taken immense pains to get all the names of the sufferers, and have collected the following:— Henry J. Finn. of Newport ; Robert Blake, President of the Bank of Wr e ntham, Wrentham ; W. M. Green; Providence; Samuel Henry, of the firm of A. and S. Henry, Manchester, England ; C. H. Phelps, Director of Transportation Gaol, and nephew, Stonington; R. W. Dow, of the firm of Dow and Co.. New York ; Fowler, do. ; N. Hobart, Boston ; C. W. Woolsey, and six children, Boston; S. Waterbury, of firm of Mead and Waterbury, New York ; J, H. Leach, Boston ; J. P. Felt, Jun., Salem ; Ballard —; A. Howard, of firm cf Howard and Merry, Boston ; A. E. Harding, of firm of Harding and Co., New York ; Ch. Bosworth, Royalton, Vt. ; Hen. C. Craig, of firm of Maitland, Kennedy, and Co., New York • Mrs, Russell Jarvis, two children, New York ; Thomas Taylor, of firm of James and Taylor, New York ; J. D. Hoyt, New Hampshire ; Capt. John Carver, Beston ; R. T. Courch,‘ York ; A Baltimore; Mon, J a o s hnß n, Boston cst er ; Phillips, Glou cester ;13. P 1Via l c ips, NewKinneY' Nev York ; Jas. S. B rown, l ady and child, New Orleans; Crary, New York; Isaac Desk!, Boston; John G. Low, Boston; John Corey, Foxboro', Mass. ; J. Lynnfield, Stougton, Mass. ; Dr. Pollen. Bos ton ; Ch. Lee, Boston ; Joan Lemist, Boston ; Capt. Child, brother of Capt. C. of the steamer ; T. Burt (with 1,000 dollars in possession), N. Y. ; Philo Upson, Egrc mons, Mass. : Capt. E. S. Kimball, Springfield; Capt. B. F. Foster,do. ; P. Van Cot, Stonington ; W. Nichols, coloured, Providence ; J. Joh nson, d o. ; Capt. C. Hilliard, Norwich, Conn. ; H. C. Bradford, just arrived from King ston, Jamaica; John N. Winslow, Boston ; W. Wins low, do. ; Miss Winslow, do. ; John Win s l ow , d o . ; Ali ce Winslow, d o . ; Steele, New York; Adolph. Ham den, of Harden's Express, Boston ; Colton, do. ; Ch. Noyes, New York , Ch. Brackett, do. ; Ch. Ebei, comedian ; John Everett, of Boston ; R. Pickett, New bury port, Mass. ; Captain Thomas 'Smith, Dedham, Mass. ; N. F. Dyer, Braintree, Mass. ; Western, of firm of Western and Poindexter, Baltimore, Erastus Coleman, Boston : William Pierce, Portland, Me. ; Rob. Williams, Cold Spring, New York ; Hezekiah Lawrence, of the firm of Kelly and Lawrence, New York ; Thomas White, of firm of Cushing - , Conant and White, Boston ; Franklin Dyer, Pittsburg, Pa. ; John , W. Berle, Baltimore ; Walker, Baltimore; E. I . batten, New York ; Stuyvesant, Boston ; Captain Mat tison ; W. H. Wit on, Worcester; Mr. Elias Brown, Jr., Providence 7, Peck, of Stonington; —Pierce, mate of the bark Berontes, Portland. The following were officers and crew of the Lexington : —G. Childs, captain ; Jesse Comstock, !rler_k_; S. Man chester, pilot ; Martin, wheelsman ;E Thurbo, first mate ; D. Croley, second do. ; C. Hempsted, first engi _neeNrv;a\lkVe.r,Qbuairreye,pesrec;ongdodboe.rt; I s f e . h P u . it N z, es fi v r m e a m n a , n st ; ew ß a to • n d j ; . Cox, do. ; Ch. Smith, do. ; Geo. Baum, do. ; six deck hands ; Job Sand, waiter, and seven others ; Susan C. Hulcumb, chamber-maid. ( From the New York Inquirer.) It will scarcely be credited, yet we have heard from two or three quarters, and one of which is entitled to every EVENING EDITION. consideration, that the sloop Improvement, of Brookhaven, was in sight of the burning steam-boat the whole time of the conflagration. That the bands on deck, on seeing the flames, west below, and called up the captain, ;who was i n hi s berth. He came on deck ; said it must be a steam-boat, and then turned in again. It is painful even to relate such an instance of brutal indif ference to human sufferin g . We learn, besides the passen gers whose names we have already published, that among them is Mr. John Marshall, a glass-blower, who has left a wife and three children. Now YORK MONEY NIARKET, JAN. 17.—There was a tolerably large business done in Stocks to-day, but prices ' receded, with the exception of United States' Bank Shares. These sold at the first hoard at 84 1 , second at 64 k . A large a moun t o f cert ifi e d sterling Bank Bills was sold at 7 per cent. premium ; other descriptions were disposed of at 1 per cent. less, and in some instances still lower, yet the latter were of drawers not sufficiently known. It is difficult to give quotations now, as they take so wide a range accordiug to the character of the paper On Paris nothing has been done. Amsterdam. 39 to :394- ; Ham burg, 351 to $5-; and Bremer, 77 to 78. STILL LATER FROM THE I_7IcITED STATES. By the Columbus, Captain Cropper, which arrived in the Mersey about One o'elock yesterday, New York papers to the 21st ult. have been received : also Montrenl to the 16th, and Quebec to the 15th ult. The New York Money Market was good. and prices of stocks generally had on upward tendency. United Statcl Bank shares were quoted on the 20th in New York at 84 to 85. The rate of exchange on England had again declined. and the highest rate quoted is 7 4 1 . The Columbus brought but a limited number of pas sengers, and no specie. The Judge of the Court at New Haven, in which the Africans of the An-iistad were tried, has decided that they should be consigned to the President of the United States, with the view of their being sent back to Africa. Had they been given up to the Spaniards, they would have suffered death. Rcsolutiods have been introduced in the Pennsylvania Legislature, to rogues the Semitois end Representatives Congress to vote for an increased tariff of duties on all im ported manufactui es, tor the protection of American in dustry, and to prevent the import 3 of the country from ex ceeding the exports in value. The British barque John Anderson, from Liverpool, went ashoreand bilged on the South Breakers, near Charles ton, on Tuesday last. She was ladec with salt. The crew escaped, *lii Congress there has been a lengthened debate en the Nort Eastern Boundary question. Mr. Ruygles, of Maine, considers that the President had withheld some of the in formation in his possession on that subject, and insists that the British have actually invaded the territory of Maine. Mr. Buchanan thought that no censure ought to be thrown on the President, but feared that difficulties of a most se rious and alarming character might grow out of the pre sent state of the question with Grcat Britain. Captain Bailey, of Nantucket, reports having seen two vessels on fire, a few days since, off the Bermudas, sup. posed to have been burnt by pirates, as there was a sup. cious-looking schoancr near them. MONEY and COMMERCIAL NEWS. C/TY, TWELVA O'CLOCK. The Columbus Now York packet snip has arrived in 17 days at Liverpool, by which papers to the 21st ult. have been re ceived, also Montreal papers to the 161,11, and Quebec to the 15th ult. The commercial intelligence by the above papers is of a satisfactory description. A large busi ness w as done in stocks'pteceding the day of her sailing, but the rate of exchange on England had fallen to 7! i . United States Bank Shares S4l a K). The above packet has not brought any specie. Fr.O"M MEXICO. (From the New Orleans Vapers, Jan. 3. ) The affairs of tins unfortunate ettoittry arc rapidly advancing to an important and deThiite crisis. We learn that the aggres sion of the Texans and Federalists has all but completely para lyzed the energy of the Mexicans ; thev acknowledge that their '; Exchequer is drained—the national honour tarnished—and even the very existence of the Republic threatened by a horde of vile barbarians that acknowledge no country, and know no law. Abortive efforts are made by the Executive to concen trate all the disposable forces of the nation on Tampico and Ma . tamoras ; and it is quite probable that the next arrival may furnish U 9 with an account of a severe engagement. A law, levying imposts of 35 per cent. bn- all imports, has lately been proclaimed. Santa Anna was dangerously ill of dysentery about the beginning of December, but at the last dates he was con valescent. Bustamente is still in prison in the capital. The British Packet Pigeon sailed fram Tanipico en the 10th of December with 134,1!198 in specie. It appears that the steamer Lexia gton, which was lost by fire, had on board 122 persons, 87 of whom were passengers, and the remaining 35 composed the crew. The French Mail has arrived. The Papers of Thursday con tain a Telegraphic Despatch from Bayonne, July 1 - 4 announ cing from Mad r id, F e b ruary I,, t h at t h e ,Moderate party had decidedly (that is the Ministers) 144 e l e C t iO ns, and their adver saries 71, and the result of 33 elections were not as vet known. The only arrival this morning of consequenc e is the New 1 ork Packet of the 19th ult., sailed on the 20th ult.. Consols, which left o ff yesterday. at 90 for Money, and 91 for the Acc oun t, o p ene d t hi s morning rather better, and may be quoted, f u r th e A ccoun t 31A ; for M one y 90i 91 ; Ex chequer Bills 1 . 2 14 ; India Binds par, 3 Vern. ; Batik Stock 178 179; India St49l: 248 '2 , 19. Morey continues, as for several thys past, plentiful. The Foreign Exchailges, yeAcrday after::oon, were rather lower; a seareity'of Bills prevailed in the Maet. In the Foreign Market Spanish Active, which closed yes terday at Dii- 1 1,. opci ed with an improvement at 27 A, owing to their coming hig'ier from Paris ; Passive 6 1 ; Deferred 1:1,-; 13 ; .Portuguese a shade higher, 34 5 ; Three per Cents. 0 3 -if 24: Colombian . 271 ; Mexican 29f, ; Brzzil 771 ''• ; Two. and-a-Dutch Half per Cents. . - )2" - j .il ; Five per Cents.loo.k &. VOICES OF hil ARES Tills 3)411: Al ONE O'CLOCK. Paid. Per Share. Real delMhate Mining Co.,Registercd.......43/.10.c. W. 6k. Brighton Railway .... 00000 ..•. 00000000000 .. NI . - 156 k North Midland Railway company:... 95 1514 Ditto New . II) lIALF-PAST ONE. LlvEttrool, COTTON AIARKBT, FnlnAy.—Our market con tinues unsteady, and though a fair extent of Imiiness has been dour, there has not b e e n a su iS e i ent sp i r i t i n the d eman d to sup port prices, which t re quo t e d generally lower, ki t `'peculators have taken 3,500 hales- of... Ame r ica n, and the buyers for export 1,700 ' sa l es o f A merican, an d c oo Stints. The sales to-day 4,500 bales of a ll kinds, the market closing per lb. heavily. The re w ill b e no b us i ness done on Mon d a y. Consols have been d ur i ng the tuorning at 90i, 91 for money, and 91 to 91 1 f or th e account; E xc l ic queißills 12 14 preen. ; Bank Stock 179 ; I n di a Stock 249. Spanish Acti ve 27, Portuguese 3.1,. Three-per-Cents. 2 38 24, Columbian ` ) 7i. ' ‘, Spanish Passive 7 1 Deferred 13A, Dutch to Five per Cents., 100 } 1. CLOSING PRICES. BRITISH FUNDS B 0 41 (sank Stock 3 per Cent. lied ti per Cent Cc.iis 01 Ditto Old Annuities........—. 3%4 per Cent. Red New 3!, per Cent 95 Ex. Bills, 1,0014.......2. 1 ....... 14 p m. New 5 per Cent , Ditto 5001. ...... .. ........ II pm Long Annuities to expire Ditt o S ma ll .. ......... 14 pin. Jan. 1860 3, Oct. 1559 Jan 1860 FolcEtrriv k. ONDS Austrian, 5 per cent i Portuguese Bonds,sper cent. B.:igian, 5 per cent Ditto, New Ditto ............... Brazili , in Bonds . Prwsian, 5 per cent... .......... Buenos Ayres, ti per ccia..... ' Russian 80t31 , , 5 per cent.... Chilian, 6 per cent :Ditto, Metallic .................... Colombian, 6 pct . cent Spanish, 5 per cent. .............. 7 . Ditto, 1524 27c" Ditto, Defctied ................ ...11!iii "apish. 3 per Cent .......... Greek Bonds, 1825, 5 per ct — ! Exctiaug.: ................. .... —f. • --C , Mexican, 5 per cent IF wench, 3 pi, cent ........•• — 1 .74 Ditto, 6 per (xi:: , ls.' , ', — Dutch,l t?!.;, per cent... ........ .. YZ, SlIARE.si. z Peruvian, 1ii20.6 per cent..." Ditto, 5 per cent ................ 10 ; 10 Eastern Counties Railway .... .. 66 Great NVestern Railway , Ditto New Sh,re: 291 % 4 .. Tondo') and Brighton IL:l . :way . London and Blackwall Railwayßailwaylss:‘l2l4 London and Greenwich Railway Si Midland Cennties Bailway 76 North Midland itliiWZIV 5% Ditto New Shares 3,0 South Eastern and Dover •••• 0 • - THE MARK-ETS.-(THIS DAY.) COVENT GARDEN. The market was well supplied, prices easier and trade brisker. The only novelty in the market was new green peas, which were 20s. the half-sieve. Rhubarb, Is. to 25. per bundle; Asparagus, Bs. to 10s. ; Seakale, 2s. 6d. to 3s. 6d. per punnet ; Blue potatoes, 655. ; Scotch, 60s. to 655. ; York Reds, 70s. ; Devons, 60s. to tbs. ; lb. ; Spinach, Is. to Is. ; Cucumbers, Whites, .5.55. ; New Potatoes , Is. per as, per brace and upwards ; Apples, 4s. to 15s. per bushel ; • Lemons, Bs. to 12s. per 100; Oranges, 4s. 6d. to 12s. per 100; Turnips, 10. per bunch; Brocoli, 2s. to 2s. 6 ( 1. p er b u ndle; Carrots, 4s. to ss. per dozen ; Onions, 2s per sieve; Celery, Is. to 2s. per bundle; Plants, 9d. per dozen. ' HUNGERPORD MARKET. Fair supplies, except of Fish, which were very dear ; other prices steady. SEWGATE AND LEADENHALL. A good supply, but moderate demand. Prices unaltered. CITY FISH MARKET. Supplies short, and prices very high. LLOYD'S SHIPPING-(THIS DAY.) LIYEr.rooL, Fan. i.—Blowing hard from the Westward. — Arrived the New Jersey, Dickson, Charles Humbirston, Mar. shall, and Havre, Carpenter, from Savannah ; Columbus, Crop per, New York, sailed the 20th ult. ; Nimrod, Manning, Charleston ; Chieftain, Peterson, Alexandria E ; , and Phwnix, Port, St. Michael's. Sailed the Brijiant, Crocks, for Terceira. PORTSMouTII, Fan. 7.—Wind S. S.W. to W., blowing hard. —Arrived the Oceanus, Bourne, from Charlestor.. CORK, FEB. s.—Sailed the Charles Eyes, Moss, for Valpa raiso; Robert Watt, Johnstone, Apalachicola; Albion, Web ster, Savannah; R. N. Parker, Belcher, Cuba; Joseph Wheeler, Pollock, and Caledonia, Hartnell, Jamaica. DEAL, FEB. 7.—Wind W. S.W., squally.—Put back, the outward-bound which sailed yesterday. Daßr3touTri, Fan. 6.—Sailed the Saucy Jack, Love, for Malaga; Waterlily, Winsor, Figucra. FALmount, FEB. 6.—Wind W.N.W. to W.S.W.—Ar rived the Antonia, from Surinam, with loss of boats, bulwarks, sails, &c., haying been struck by a sea, and thrown on her beam-ends, 4th inst. ; Aniktel, Vesser, Charleston, ditto, ditto. HELL, FEn. 7.—Wind S S.W., strong breezes.—Arrive the Flora, Hunter ; from Riga. `...CILLY Fee. 4.—The - Lady Louisa, Henley, from Rio Janeiro, to Cowes, bore up for these Roads on the '2d instant, with pumps choked, after throwing several hnndred bags o : coffee overboard, and in coming through Crow Sound s t ruck on the bar, fell to leeward on a reef of rocks and bilges; crew, and about 200 bags of coffee in a damaged state, saved. The Symmetry, bound to St. Michael's, was driven from her anchors this morning during a violent gale at N.W., went on the rocks and bilged; crew saved. PLYstouTft, Fan. 7.—The John, Francis, Cotter, from Cork to Charleston, was wowed in here to-day, with loss o f main and mizenmast, boats, sails, &c., having been struck by a sea in lon. 9. HER MAJESTY'S BRIDAL RINGS.-Mr. \Vyon, the celebrated medalist, has executed a striking likeness (in profile) of her Majesty, which k less than a quarter of an inch in diameter. The metal is pure gold, and when viewed through the medium of a very powerful magnifying g lass the features are seen beautifully delineated. Iler Majesty was 0 0 highly pleased with the diminutive work of art that s h e order n ed one hundred of the medals to be struck off instanter, and c? - veyed to IleSsrs. Rundell and l3ridge, in order to in their being inserted in gold rings, prepared for the purrose, readinestla_ fngr o presentation to distinguished per son eo,i thC day - or her nur of r. V ictoria The profile is surroundod by the inscript ion Regina." 3ri for urt use