The Sun. — London, England, 1840-01-25 00:00:00

EVENING EDITioN. PRINCE 1/11ESSRS, iiODGSON and GRAVES, 11_11- her 'Majesty's Printsellers and Publishers, have the honour to announce that they are preparing for immediate pub lication, the AITTITE'.,ITIC PORTRAIT of his SEBF.NE HIGHNESS PRINCE ALBERT of SAXE COBURG, painted by corarnand, at the Palace of Gotha, by George Patten. Esq., A. R. A., Portrait Painter, by Special Appoint re.'nt, to his Serene Highness, and Engraving in Mezzotinto by T. Lupton, Esq. PRICE TO SUBSCRIBERS. Prints... ........... 1 0 1 India Proofs ...... ..£ 3 3 0 Proofs.. " By her Majesty's command, Mr. George Patten, A.R.A., attended at Buckingham Palace, upon his return from Gotha, with his Portrait of his Serene Highness Prince Albert of Saxe Coburg, with which her Majesty was most graciously pleased to express her unqualified approval."—Court Cir cular, Jan. 18. Subscribers' names received by Hodgson and Graves, Print sellers and Publishers in Ordinary to her Majesty, and by Special Appointment to his S6rcrie Highness Prince Albert of i a.xe Coburg, 6, Pall-mall, London. On Thursday, Jan. 30, in foolscap Svo. , price 9 s. cloth , a GREEK and ENGLISH LEXICON to the NEW TESTAMENT : especially adapted to the use of Colleges and the higher Classes in the Public Schools ; but also intended as a convenient Manual for Biblical Students in general. By the Rev. S. T. BLOOMFIELD, D.D. F. S.A., Vicar of Bisbrooke, Rutland; Editor of the Greek Testament, &c. London : Longman, Orme, and G). This day is published, in Bvo. price 18s. cloth lettered, THE UNITED STATES of NORTH AMERICA as they are—not as they are generally de scribed ; being a Cut e for Radimlism. By THOMAS BROTHERS. Resident in the United States Fifteen Years. London Longman, Orme, and Co. To be had of all Booksellers, STORKS by CHARLES D ICKENS, Esq. I. OLIVER TWIST. Second Edition, 3 vols., bound, with 24 Illastrations, by George Crnikshank, 255. THE VILLAGE COQUETTES. In Svc., price, 2s. 6d. Also, just published, A new and cheaper Edition, price 155., of ME:11011:S OF GRTMALDI THE CLOWN, Edited by CHARLES DICKENS (Buz). With Portraits, and many humourons Illustrations, by George Cruikshank. Boz' h a s here dished up for us just the sort of merry, piquant volumes that we were prepared to otpect from him." —Sun. Richard Bent'ey, New Burlington-,treet. Just ready, in 3 vols., p.,st Bvo., with Portrait of Mr. Theodore Hook. CIOUSIN GEOFFREY, k .) THE OLD BACHELOR. 1 A Novel, Edited by THEODORE HOOK, Esq. Author of " Jack Brag," " Maxwell," " Births, Deaths, and _ . Marriages," &c. Richard Bentley, New Burlington-street. 't,:# Agents : for Scotland, Messrs, Bell and Bradfute, Edinburgh; for Ireland, Mr. John Cumming, Dublin. NEW NOVEL. BY THE AUTHOR OF " SYDENHAM." Immediately, in 3 vols., post Bve., ITZWIGGIN S. A NOVEL By the Author of " Sydenharn ; or, Memoirs of a Man of the World." Richard Bentley, Nel,v Burlington-street. 'ip I s MAJESTY the EMPEROR. of ) JIL AUSTRIA having AUTHORISED and GUA RANTEED several DISTRIBUTIONS of MONEY PREMIUMS, which (though they are NO LOTTERIES) ',fn. many possibilities of obtaining LARGE FORTUNES, 1 HEINE BROTHERS, at HAMEURGH, are NOW SELLING SHARES for the said DISTRIBU TIONS. Persons desirous to purchase, may receive, PRE VIOUS to giving any order, the PROSPECTUS and PAR TICULARS, upon addressing WITHOUT DELAY, a line to. HEINE, BROTHERS, at HAMBURGEL P. S.—THE NEXT DISTRIBUTION contains Portions f TWELVE THOUSAND, SIX 'THOUSAND. THREE THOUSAND, ONE THOUSAND FIVE lIINDRED, ONE THOUSAND. FIVE HUNDRED. TWO HUN 71RED AND FIFTY, TWO HUNDRED, ONI , HUN DIIED AND FIFTY, and ONE HUNDRED POUNDS, THE DISTRIBUTING DAY BEING NEAR, and Shares clearing off most rapidly, A RISE IN PRICE will scion occur. THEATUE,ROYAL COVENT GARDEN. , _ ........ UNDER THE 'MANAGEMENT OF MADAME It ESTR.I S. THIS EVSNING, J. 2.5, Will be performed Colman and Garrieles CLANDESTINE MARRIAGE. Lord Ogleby, , Mr. W,*Farren; Loveweil, Mr. G. Vanden hoff ; Sir John Melville, Mr. Coopor; Stering, Mr. F. Mat_ thews; Mrs. Heidelberg, Mrs. C. Jones ; Mis. Sterling, Mrs. Nisbett ; Fanny, Mrs. Walter Lacy ; Betty, Mrs. Orger. TO conclude with the New Grand Comic Chiutmas Panto i mime, entiiled HARLEQUIN AND THE MERRIE DEVIL OF_ED- MONTON ; OR, THE GREAT RED OF WARE. Weih entirely New Scenery. Machinery, DressoL, and De- eorations. I Har.equin, Mr. C. J. Smith ; Clown Mr. T. Ridgway ; Pantaloon,Mr,Morelli ; Merrie Devil, Mr. Gibson ; and Co- =bine, Miss Fairbrother. Dress Boxes, is; Second. Price, 3s. 6.1. ; First and Second Circles. ss. ; Second Price, t:s. ; Pit, 3s. ; Second Price, 1 t , s.; Gallery, Is. \ Doors to be opened at half-past Six—the performances to commence at Seven o'Clock. Tickets and places for the Boxes to be taken of Mr. dotter, '• at the Box-office, from Ten till Four, wh re Season Tickets may be had upon application. Private Boxes to be had solely of Mr. Andresys. bookseller I , 167, New Bond-street. ROYA L SURREY THEATRE. The Grand Comic Pantomime, universally allowed to be the best iii London. is atttac!ing the most brilliant overflows ever witnessed, and will be repeated every evening. THIS EVENING, JAN. 25, Will be repeated, an entirely new Legerulat v Drama, Galled THE LAPIDARY OF LEYDEN. After which, the New Romantic Drama, called MICHAEL EARLE, THE 31ANIAC LOVER. Character: by Messrs. Saville, H. Hughes, Aevilie, John oa, and Smith; Mrs Vinin7, Mr!. Day, and Miss Martin! To conclude IN u h 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, Ciown, Pantaloon, and Sprite, by the Bolero Family. Messrs. Sams of St. James's-street; Andrews, Ebers, and itc hell, Bond-street ; and Seguin of Regent-street, Rook scilers, are appointed to let Private and Public Boxes during toe son of the Pantomime. HIGH-WATER AT LONDON BRIDGE TO- .10RIZO W. o, nines 47 m':ntttes alter 6, j Evening II minute alter 7 _ lc-, *--", erseeutlon. He declined to follow the cha Bishop's recommendation, and direct the law against the Socialists. - A- The Bishop of LONDON wished the Government to interfere, and assured their Lordships that the Socialists were incraasiag . . He insisted on its being the duty of the Government to give circulation and extent to sound Caristi:ln priacipi , a:, and he did not rety on truth and goodness to obtain the mastery over talse hood and vice. He stated that the two Members for Coventry had subscribed to build a Socialist Hall in that town. Viscount MELBOURNE denied that he was in any way responsible for Mr. OwEN's opinions from having pre sented him at Court. He had merely performed a formal duty, and lent him his card in order to enable Mr. OWEN to present a petition to the QUEEN. He expressed a strong reliance on the force of truth in put ting an end to these pernicious doctrines, and made some strong and pointed remarks against the calumnies to which he had been exposed. Like the Marquis of Non- MANEy, he doubted the prudence of the course recom mended by the Bishop of EXETER, and declared that he had always thought Mr. OwEN's opinions wild and mischievous. The Noble Lord said that of late years it had been the policy of all Governments to give the Puss its full swing, but he doubted, from the calumiles and falsehoods that were now propagated, whether the public would endure it much longer. The Noble Viscount concluded an eloquent speech with some strong and remarkable observations on the peculiar and exaggerated opinions row prevalent in society. Lord WHARNCLIFFE quoted part of a letter from Sheffield, stating that the introduction of Mr. OWEN to the QUEEN was a voluntary act on the part of Lard MELBOURNE. The Duke of WELLINGTON thanked the Ri2ht Reverend Prelate for calling their Lordships' attention to the subject. He admitted that it was a most difficult subject, and was not certain how it could be best dealt with. The Government should warn Magistrates, how ever, on the subject, and in some way or other pro nounce an opinion against the system. After a few observations from the Earl of GALLO WAY, the petitions were laid on the table, and their Lordships adjourned. In the Commons, the SPEAKER. informed the House that the Sergeant-at-Arms had a communication to wake to the House. The Sergeant was called in, and stated he had been served with a writ of Habeas Col nus,.commanding him to bring up the bodies of the Sheriffs. The ATTORNEY-GENERAL moved- that the Sergeant be directed to make a return to the wri;. that he holds the bodies of the Sheriffs by the order of the House of Commons. After. a few remarks from Mr. GODSON and Mr. CRESSWELL, the motion was agreed to. The ATTOR• NEY-GENERAL thinks that the Queen's Bench will proceed no further. Sir JOHN BULLER announced that the terms of his motion would be, that the Ministry, as now constituted, does not possess the confidence of the House. After a variety of notices and petitions, that are shortly reported in the debate, Lord JOHN RUSSELL, in a Committee of Supply, moved that the sum of 0,000/. be granted to Prince ALBERT of Saxe Gotba on the occasion of his marriage with her MAJESTY. After some conversation chiefly about the mode of putting the several questions, further proceedings on the subject were postponed till Monday, and the House adjourned. The Birmingham election has been decided in favour of Mr. Birmingham The ancient, consistent, and amusing advocate of Catholic persecution, the Chancery Knight, made a much worse figure en the poll than we expected, but honourable to the Reformers of Birm:ngliam. According to a statement in the Morniag Chnnicle the gentlemen of the Bar have been ad vertising for clients against the House of Commons. Lest individuals should not be enconraged suffi ciently by the success of Mr. STOCKDALE, by Lord DENMAN'S avowed opinions, and by the cer tainty that the Sheriffs—at least during a Proroga tion—will execute the law, the gentlemen of the bar " pledge themselves individually to lend their professional assistance to the humblest individual in the land. who may think fit to bring an action against the House of Commons." We have heard for some time that briefs are remarkably scarce in Westminster Hall, and we are not much surprised at the members of the " noble profession," seizing the present opportunity to bring all the grist possi ble to their own mill. We are not disposed to enter into a criticism of the Protest, lest it should be, as we trust it is, a hoax, for it can scarcely be considered &cent that the members of the Bar should speak of the House of Commons as " a democratic body," whose " en croachments the courageof a DENMAN is praised for " curbing." At the same time we are inclined to think that there is good foundation for the spirit of hostility which is ascribed to the Bar, by several persons, towards the ReArrned House of Commons. That House has made some, though feeble, attempts to sweep out the Augean stable of the law ; it has effected some, though but a little good ; and the whole tribe of lawyers, who live by the fictions they reverence, and the quirks they invent, dread every kind of reasonable reform, as bringing their mystical and enigmatical craft into danger. Their bread-winning cunning has lost some of its advantages, by the conduct of the reformed House of Commons ; they fear to sufFdr still mote ; and the whole body is very likely to combine to perserve, as far as possible, the dominion of their grimgribber over the whole property of the country. We make these few observations, seeing that much is now said of the contast between privilege and law, , to show our readers that, if we are opposed to the House of Commons on some points in the privi lege question raised by Mr. STOCKDALE, we do not make common cause with the rapacious Bar and the ambitious Bench. We are really anxious that the House of Com mons should possess, undisturbed and unopposed, the privilege of publication within due bounds, and therefore we wish to see it placed on the b roa d, general foundation of public utility. For the same reason we wish to see that House so conduct its pri vilege quarrel as to merit and obtain publi c sup port. Amongst the many sinister interests the nation must quietly overcome, by means of the House of Commons, is that of the lawyer tribe, and to subdue them it is essential that it be armed with the privilege of making publicly known all the vile chicane and contrivances by which that tribe have perverted the noble art of administering justice into a gainful scheme of perpetrating and' perpetuating wrong. That tribe is immensely powerful ; it is firmly fixed in the Upper House, it is rooted in all the Courts, and for the House of Commons to be victorious in a contest with it, no power public opinion can lend it ought to be denied. On this account we regret to see the privilege claim. placed, as we think, on an insecure founda tion. Thus it is asserted by the A TTORNEY GENERAL that the Bill of Rights establishes for the House of Commons the privilege of not having its debates and proceedings impeached or questioned in any place out of Parliament. Now, the Bill of Rights was wholly (Lrected against the usurpations of the Crown and the Judges, and nothing was in the contemplation of those who drew it up but pro tection for Parliament against the aggressions of the two hostile powers mentioned. Least of all was it ever intended to be a protection for the Huse against the then almost unknown Press, and . the then dependent Constituencies. It was not meant that the House should not be questioned by the public. As the House of Commons has in terpreted its privileges in modern times, however, " any place, out of Parliament," has been held to be a bar against the scrutiny and condemnation of the people. Placing the privilege required on such a foundation is the certain means of making it on Popular, and depriving the House of Commons of public support. If the privilege of not being questioned out of Parliament for what is done in it be only a defence ' against the Crown and the Courts, it follows, we think, that Parliament may be questioned by a p r a ly rii i a n m di c v i i l d t u a a l l l ' o f w or s a t n h y at in to j ü b r e y i d t o m ne ay only ifli b c y t p o e n t t h i i o m n but if it mean to limit the people to that single mode of redress for its own wrongs, that should be expressly stated and known. The Judges were, in the tim e of CHARLES I. and JAMES IL, in the habit of condemning PMem bers of the House of Com mons on the prosecution of the Crown, or at its instigati on , and the part of the Bill of Rights referred to was strictly meant, we believe, not to prevent individuals from app ea li ng to a Court for redress in case of being wro nge d b; a servant or a Member of the House of Col:mons but to prevent the Crown from prosecuting an d in juring Members by means of the Courts. On this ground we hold that it is on the part of the Com mons altogether an erroneous and unjustifiable ex. tension of the privilege conceded by the Bill of Rights to set it up as a bar against individuals seeking re dress for any injury it may do them by any other means than petitioning the House itself. Another principle which has been very imprc- THE SEJN. L perly, we think, pressed into the controversy, so far as the particular case is concerned, is the grand in quisition principle. The House of Commons is said to be the grand inquest of the nation ; it is bound to pry into all abuses. Then a fine picture is drawn of hunting out the iniquities of some great culprit, dragging him to the bar, and obtaining redress and vengeance for the people ; which is all very fine, but is a most pompous and misplaced introduction to a poor case of paltry libel on a private individual. We have contended above, and always shall contend for the power of the House of Commons to pry into public abuses, and insist that it is one of its highest duties to drag public delinquents, however lofty their station, before the bar of public opinion. There may be some diffi culty, we admit, in defining the limits of that power ; but, between dragging to light a public delinquent and publishing any kind of defamation of a titan who fills no public station, who does what is perhaps wrong in his ordinary calling, there is such a wide difference, that the House of Com• mons, in our estanation, injures a good cause by con necting the miserable, paltry case of SToCKDALE with such - a noble and necessary function. We do not join the Tory press in condemning the conduct of the House of Commons, because it is led on by the Ministers ; but we wish to see the privileges it claims placed on grounds which are dikely to be good in 1940 as well as now. The seventeenth century will never return. The princi ples then acted on will not be suffered to guide our successors. It is useless or even absurd, therefore, to appeal only to that. A time, it may be hoped, will come, when Kings and Law CoUrts will be estimated by the utility they are of to society, and then the privileges of the House of Commons, which can only be defended on the ground, that they were necessary to enable the House to resist arbitrary Kings and tyrannical Judges, will be ,considered as superfluous, if not nuisances, by the public. It will be seen by our report from the Queen's Bench, that the Court has declined at present to in terfere, on account of noreturn having yet been made to the writ of Habeas Corpus. The LORD CHIEF JUSTICE said he supposed a return would be made. By our report of the proceedings in Parliament, it will be seen that the SERGEANT-AT ARMS has been directed to return, that he holds the bodies of the Sheriffs by virtue of a warrant from the SPEAKER. Which, then, of the two—the Judges or. the Commons—will now give way ? Those Journalists who have already asserted that the Commons had retired from the conflict, are evi dently in error. The House of Lords presented last night another example of Mr. CARLYLE'S statement, that the working classes are seeking for guides and leaders. Great numbers of them, it appeals by the state ment of the Bishop of EXETER, have embraced Socialism, and have adopted principles directly op posed to the principles on which political and re ligious society are at present founded in this coun try. They no longer follow the Church, which is now correctly described as not teaching the people nor the aristocracy, which is equally correctly described as not ruling them. Viscount MELBOURNE seemed at the close of his speech to suppose that such peculiar and ex traordinary opinions were the natural spawn of un quiet times; but the Nobie Viscount and the Peers, who will probably on this point go with him, will fall into a sad and lamentable mistake if they suppose that these wild opinions have not some foundation in facts. Every general faith is founded on some general principle, and contains in it some important truth. It is not suitable, therefore, to the dignity of the Legislature to lay aside the im portant matter of which in truth Socialism, and Chartism, and Puseyism are only parts, without further inquiry,--satisfied by an assertion that these strange opinions are the offspring of unquiet times. The unquiet times grow from the strange opinions, and their origin must be ascertained before any ra tional steps can be taken to put an end to them. It is quite certain that opinions are as much under the influence of general laws as the phenomena of matter. In fact, all men refer for the correction of their opinions to the external world, which ultimately, therefore, models them, and makes them in the end as regular as itself. At present, however, our so ciety presents to view the remarkable circumstance that the great mass of the. people are exposed to great physical suffering, for which the prevalent theories of Government anti religion do not account, and cannot find a remedy. Nay, more, they give no hope of redress or relief. It is the struggle to escape from this abyss of suffering and misery, out , of which neither the Church nor the State offers the multitude the least clue, which makes them ready to try any doctrine, however wild, which gives them the least hope or promise of improve ment. Until the Government, therefore, relieve the physical suffering of the people, which it can do—until the Church show them the way w hap pinees, the wild doctrines propagated will gain more favour with the suffering multitude than the doctrines on which Bishcps are enriched, and Nobles maintained, in unjust and unvarying affluence. One thing is made palpable by Thee statement of the Bishop of EXETER. Church has not •instructed the people, is not fol lowed by them, and as a political institution is a complete failure. It abounds in wealth, it has an army of priests, but the Socialists and the Char tists who threaten the peace of society forsake, despise, and contemn it. The Bishop of EXETER is sensible of that, and he would fain call on the arm of the law to make the people believe the doc trines which he gets a large revenue for teaching. The gist of his observations last night was that there ought to •be an inquisition established into mere opinions, and some certain opinions should be put down by persecution. Fortunately for the peace of the country, our civil rulers have more discretion, as in olden times, than our ecclesiastical superiors. Let the latter but get a little more power, and be a little more afraid of its continuance, than at present, and if the fires of Smithfield be not re kindled, it will be because secret dungeons— solitary confinement—will answer their purpose bet ter than public displays of cruelty and heroism. The debate in the House of Lords last night will convince every reflecting man that every day in which the Legislature neglects to institute a solemn inquiry into the condition of England, hastens for ward great and alarming dangers. The Standard of yesterday contained an article, the object of which was to show—with reference to Sir JOHN YARDE BULLER'S notice of motion of a want of confidence in ministers—that a minority in the House of Commons may have the same " moral effect as a majority. We congratulate our contemporary on the glorious chance that his party has of obtaining this minority ; and are per fectly rgree4 with him also, as to the " moral ef fect " likely to accrue from it. It will indeed have a striking " moral effect." it will convince all un prejudiced people that the Tory pear is not yet ripe; that the faction, though numerically strong, is morally weak ; and that the country has not yet forgotten nor forgiven the vast amount of public suffering occasioned by a long system of Tory mist ule. Sir JOHN BULLER'S notice of motion was evidently no impromptu matter. The scheme was laid beforehand, in the confident expectation that the elections would have turned out, if not wholly, at least in a great degree, favourable to the Tories. Herculean efforts were known to be making at Newark—at Devonport—at Southwark, and else where ; and it was presumed that these efforts would scarcely fail to be successful. Besides, the more ardent spirits of the party were desperate, and desperation knows no impossibilities. But, alas! the Tories—as they have so otten done of late—reckoned without their host. They shouted before they were c!ear of the wood. Defeated at their stronghold, Newark—defeated at Devonport, notwithstanding DERRY DAWSON'S convenient change of opinion. on the Corn-laws—defeated, too, we hope, at Ba verley—defeated, iu short, wherever they have ventures: to make a stand. The Tories have now nothing left, but the consolation which they may derive from the " moral effect" certain to be pro duced by their minority. We can afford to pity them, for their expecta tions were high-raised, and it is only within the last one or two days that they have talked of their tame theys said l their organs, " minority." P rev i ous ly to the Southwark Elec tion, they were as vain-glorious as Bobadil. The Ministry, must go out ; and it is high have forty-eio s t hould W hat a marvellous. change h hours wrought in their prospects I cz:bg nn+ LONDON : SATURDAY, JANUARY 25, 1840. The LORD CHANCELLOR and other Noble Lords, eluding the Archbishop of C ANTERBURY , as b er MA .3 :..STY'SCOMMissiOners, gave the Royal Assent in the House of Lords yesterday, to the Bill for Promoting the Naturalization of Prince ALBERT. The Bishop of EXETER presented a petition s;gned by 4,000 Inhabitants of Bit mini denouncing Social lam, and praying that i:s influence might be counteracted. i The Right Rev. Prelate was entering into a statement of the principles of Socialism, and the conduct of the -I .linisters in relation to it, when Lord BnousitAm in terrupted him to present four petitions Irani troches of :)ocialists, praying for the fullest inquiry into their tenets and principles. , The Right Rev. Prelate then proceeded to express :/:3 surprise that the Socialists had not been prosecuted _ _ 4.lcausc they had offended, as the Marquis of Noa ; Itamiv said, no law, and had done nothing illegal. He / could not comprehend that ; and he thought that the result of his observations would be that the Government I ought to direct prosecutions against parties charged by ' I him with high crimes against the peace and welfare of \ society. He would concur in an inquiry, however, as t t,' - e parties themselves had petitioned for it. The 1 •gli.t. Reverend Prelate went on to draw a terrific -,• ::cure of the extent of Socialism in the country, and . t!,..... principles on which it. is founded, It is organized ail over the empire, it has paid missionaries and lec turers, and comprises a great number of persons. The doctrines on which it is founded were described by the Right Rev. Prelate as most erroneous and pernicious. I If he gave a faithful description of principles and num ber of the Socialists, the Chartists are by no means the t l most dangerous and most numerous enemies of the pre- I sent political form of society. Many persons, however, j will wonder that they have not before h ear d o f t h ese horrors, and have seen no manifestations of the influence f of the Socialists on the character of the people. In con clusion, the Right Rev. Prelate took Lord MELeounNE to task—which was, in truth, the great object ahis speech, whether he dealt in exaggerations or not—for introducing the founder of the Society, and the author of several most reprehensible works, to her MAJESTY. He also &pin censured the Home Secretary for not directing the law against the Socialists, and called en him empha tically to do so. Lord BRacGram said Mr. OwEN had been known to ' t him for many years, and was extensively known by Mem ) hers of both Houses of Parliament, and by the Heads of 1 the Church. His morality had been vouched for by Mr. WILBERFORCE. The Noble and Learned Lord, with gnAtt propriety and equal force, deprecated persecution, ! and cautioned the Reverend Prelate to rely on the force of truth to overcome the fa'se teaching of Mr. 0 WEN. The Marqt is If NORMANBY replied at some length • to the Bishop of EXETER, and assured him, notwith i• stonding the sneers of the Prelate, that he bad a perfect abhorrence or Mr. OwEN's do::trines, though he did not know much of them, never having read the New • Moral World. He believed that the Society was on the decrease, though how it might now grow he could say, since the Bishop of EXETER had noticed He thought the doctrines so absurd, that they would die out of themselves, if let alone ; and ifhing could maintain them in vitality, it would be NDON, SATURDAY, JANUARY 25. iM9. Instead of being confident of victory, they are nos content_ with a respectable defeat. They are dis creetly satisfied with any thing short of annihdation. That Sir R. PEEL had anything to do with this Quixotic—nay, this suicidal—motion, we will net for an instant believe. He is too well aware of Ow slight links by which his heteri• eneous parry bound together, to have hazarded so rash an expe riment. He must have foreseen the result. But he is not a free agent. He is in the most cruelly false position that an ambitions statesman can be placed in. • Too liberal for the bigots of his party ; too cautious for the ardent ; too dilatory for the prompt and energetic ; and held in.mistrust by ail ; he is yet bound to them hand and foot ; and sinks into the merest cypher the instant he disconnects his interest from theirs. The Parliamentary " mino rity" which the Standard so confidently anticipates —and our contemporary, be it said to his credit, is round authority on the subject of minorities, se cond only to the we hope, read Sir ROBERT a useful moral lesson ; and teach him that the day of political cant and finesse is fast goinf by ; and that the people, enlightened by sad experience, have at length learned to -estimate a statesman by his "Doings" rather than by his " Sayings." Our letters received to-day from Newark contain strong comments on the uncalled-for and unconstitu tional interference of the military at the election which terminated yesterday in favour of the liberal candi date, as no body of electors or inhabitants could have acted more peaceably or correctly in every re spect than the Liberals of this borough on that occa sion, • notwithstanding that every provocation was given by the Tories, who commenced marching in military array, armed with bludgeons, and accompa nied by bands of music, offering every insult, and in many cases assaulting the by-standers as they passed. Not content with thus walking over the peaceable inhabitants, they sent - to a distant part of the coun try for a squadron of dragoons to ride over them ; and the first notice they had of these extraordinary proceedings was by the entrance, at full gallop, of the cavalry, apparently escorting some pri• soners, but who it afterwards turned out, were supposed 'to be THESIGER'S voters, who, it was alleged, could not make their way to . the polling booths ; even in this respect, however, this pretext failed them, for on those men getting to the booths, they voted for the SOLICITOR-GENERAL, and ac tually turned the scale, for at this period THESIGER had a majority, and the old adage, of good some times resulting from evil, was, in this instance, verified, as many neutral voters, who had not in tended taking any part on either side, decided for the Liberals, and gave their votes to the So licitor-General, and thus decided the election, which for the first time during the day was then extremely doubtful. Illuminations, with the appropriate word Victoria in brilliant characters. iniinediately ap peared, and the Solicitor General was escorted by his friends in triumph to his hotel, the Castle and Falcon, from whence Mr. HILL, the Queen's Counsel, and Sir .TORN SCOTT LILLIE, who had been actively engaged during the day, set off for town in age of the Solicitor General's carriages and four horses, with the joyful intelligence. We have no doubt this outrageous conduct of so unne cessarily calling out the military will be noticed in the proper quarter. We are sorry to hear that Mr. HILL was so much fatigued by his exertions as to be unable to proceed farther than Leicester. Mr. HANDLEY, the Member for Lincolnshire, took an active part in the election, and contributed not a little to the ultimate triumph of the Liberals. It ,will be seen elsewhere that Mr. WALLACE has asked, and Lord JOHN RUSSELL has answei ed, a question of great importance to Scotland, which is, whether the vacant Judgeship is to be filled up on the spur of the moment or not, until inquiry shall be made whether there are hot too many Judges in that country ? Lord Join has promised inquiry, and we have no doubt Mr. WALLACE will take him at his word—it being full time that a point so highly important should be settled, which can be done no otherwise than by a fair inquiry, which hitherto has been unsuccessfully demanded by Mr. WALLACE. We see by the notices given in the House of Commons that Mr. WALLAC E has moved for a series of returns regarding the Criminal Juris prudence of that country, which we shall notice at a future day. We, have just glanced hastily at a pamphlet on the subject of Sir JOHN YARDE BULLER'S intended mo t on. The pamphlet is addressed to Mr. LEADER : is penned in a bold, animated style ; and argues shrewd)} on the hypothesis, that the motion in question " wi.: just show to the more eager Members of the Opposi twn that their hour is not yet come, and that the} cannot displace the present Ministers.' Madrid Papers of the 15th inst. have reached us this morning. The Gazette publishes a despatch of the Captain•Generel of Galicia, dated the 31st ult., an. flouncing that the province was at last entirely freed of the presence of rebels, of whom since the 23d of March last, 424 had been killed, 52 taken, and 684 had claimed the benefit of the amnesty. The province of Biscay has refused to elect Members to the Cortes, such a measure being regarded by the eople as a renunciation of their Fueros. The Paris Journals arc still harping upon the omission of all reference to the alliance between England ..nd France in the Speech of her Britannic MAJESTY at the opening of Parliament. This omission, we are given to understand, has galled more than the newspaper writers. That it has deeply mortified M. THIERS and his friends we do not doubt, and therefore we very sincerely regret it. The KING, too, is said to have felt the omission as acutely as the ex-Minister for Foreign Affairs. On the other hand, the omission has filled the Bonapartists and the Ultra-Republicans with joy. They taunt the friends of the English Al,i4nce with the proofs England has given them of the little regard she attaches to their friendship. To make the matter worse, the Univers announces that M. BRUNOW has renewed his negotiations with the British Cabinet, and that a Treaty for a more cordial union between England and Russia is on the eve of being ratified. Under such circum stances, we should be glad to see Lord PALMERSTON seize some opportunity, in his place in Parliament, to supply an omission in the Royal Speech, wHch, we are confident, was not inten'ional. That differences of opinion exist between the Cabinets of London and Paris, is what we cannot wonder at ; but they are not of sufficient magnitude to justify any want of cordiality in the relations between the two Courts. Whatever reasons we may have for question ing the sincerity of French professions of f.iendship, we have a thousand times more for suspecii,g the good fliith of Russia. The isolation of France upon the Oriental question is much to he deplored, but we en tirely agree with the Journal des Debals that England and Russia cannot settle the question without her. This is a knot which must be unravelled by negotiation, and not cut with the sword. Without French co operation the efforts of England would only serve in directly to establish the supremacy of Russia at Con-' stantinople. The Paris Journals of Wednesday, detained by the stormy state of the weather, together with those of Thursday, have all been received. In the Mani/cur of Wednesday, we find the following blegraphie despatch from Bayonne, which was dtliyed for twenty-four hours, in consequ ence o f the hazy state of ale at mosphere :- 1 BAYONNE. JAN. 20 —The General commanding the 20th Mititar) Division to the Minister -of-War. " The news of the death of Cabrera is generally Le wes being ta he,ed at Saragoss. and at Head Q uarters. A letter from the Head Quariers dated' the 16th says that Cabrera, as he he was &Liu to 1 , dead, on the 13th,--that Llangostera had gene with a ll speed to Morella ,---that the Carlisle ap c,onveyed to Morella expe rienced a rela p se, that vared to be i n consternat i on , but that they observed t he mos ro f ound secrecy respecting this event, and that it would{not yet hav e b een a ffirmed to be true. The Com merce h as a l e tter from St. Petersburgh , dated the 11th January, c ontaining an account of the Russian expeditio n against Khiva. We have just seen letters froyn Osenburg, which announce that on the 12th December General Petrondsky, with his troops, was at the distance of a hundred and fifteen leagues be yond that town ; but that on quitting Kirgbktan, his vanguard, chick , composed of Comas, had been attacked by hordes of Turkomans, and that, after having seffered considerable loss, it had b-en obliged to fall back on the main body. " These hostilities, which were not e x p ected, have caused measures of precaution to be taken. A very considerable body of Cossacks of Siberia and of the IJral have received orders to occupy Kirg'nistan, to hinder the tribes which inhabit it from imitating the example of the Turkom ans ; and an officer of the Imperial Guard hasbeen sent to Georgia. to order from that country a corps of 15,000 men, as a reserve for the corps of General Petrowsky. " It is not believed that the Russian expedition against Khiva can le a d t o any f avoura ble result, and everybody agrees in saying that it causes enormo us expense. The same w r it er states t h a t g reat claim prevailed in the Russian capit a l, in cons ounce of the arrest of g reat numbers of persons suspected of bAonging to the treasonable soci e ty o f t he Hotel nestujet. They were all placed in solit ary con fi n ement. All the young men in St. Petersb urg h known to enterta in li b eral o p inions, including eighty o f , ers..and as man y students of the University, were ordered to join the expedition against Khiva. 01 course care will be taken that few of them I ever return. There is no domestic news of any ,interest in the Paris Journals. In the Chamher of Deputies the pre 'edings excite no interest, and the trials before the Court of Perrs are as little regarded ai it thq were coa, - lucted at PAM. is til(-re onythiug new Jr the necounts from Mika, less , than a month's time thirteen shocks of e,,rihrr.r : Ao , v-r•! cx'lri2need in various parts of the S , :utti of n..t)41 , . 1301.1/Zi - _;E..--J'Alits. Vi 7 EDNEst , Ai - jAN. 22. i Hsi Highest Lowest Last Price Price. Price. Price rench 5 per Cents ll2 10 ... 112 :20 ... 112 10 ... 1 2 15 4 per Cents lO4 21 .e 4 25 ... 104 50 ... 104 2a 3 per Cents B9 90 . 31 ... 80 90 ••• 80 95 Bank of France ...... .3150 ...3;50 ...3120 ...3120 LaSitte Ea:+k I,ooof. Sh 1055 ...1051 ...P55 ...1 55 5.000 f. Sh 5195 ...520i) ...5195 ••• 900 United States Bank Loan 97 ... 97 .. 97 ... 97 delgutai 5 per Cents 1023 ... 102% ... 102 1 A '... 10234 Bank 915 ... 917 Lo ... 012 50 ... 917 50 Spanish Active 26% ... 263 ... 2614 ... 21% Passive 6% ... 6% ... 6% ... (A Old Deferred 6% ... 7g ... 6% ... 7 % Portngitese 3 per Cents 23% ... 2.,% ... 23% ... 23 % Den Miguel Nlcap,litan Roman 112% ... 102% ... 102% ... 10'44 -- - RAILWAY SHARES. __ __ St. Germain 5;2 50.... 572 50 ... 572 50 ... 572 50 Versailles, It. B 5OO ... SOO ... 500 ... 500 L B. 342 50 ... 342 50 ... 342 50 ... 342 5 4 Orleans .. 455 ... 457 SC ... 455 ... 457 50 Strasburg to Bale 3:38 75 ... 31. ... 328 73 ... 340 ASP FIA LTES AND BITU .0 ENS. s'arn (Moberly's) rIELGIAN I UNDS—BanasEte, Jas.:?.. Actual Debt, •3!4 per Cent. Rothschild's Loan, 5 per C.nt Loan of Thirty Millions, 4 per Cent. 93 --------- 3 per Cent. 7l Loan of City, 183'2,4 per Cent 9434 Society of Commerce, 43. per Cent lO9 Bank of Belgium, 5 per Cent... ....... ... National Society. - Exchange on London (short) —Brussels Papers, Jan. 22. LLOYD'S SHIPPING-(TIIIS DAY) DEAL, JAN. 24 —lt has blown a heavy gale, all day from the S.W., and continues this evening, but has veered to S.S.W. Nearly all the vessels are resting wish two anchors a-head. A ship from India, name unknown, arrived just before dark. At day-light this morning a three-masted vessel was seen on the Goodwin Sands, supposed tube French, laden with sugar, &c. Fears are entertained for the safety of the crew. Arrived the Commodore, Purchase, from Mauritius. lIARGATE, JAN. 23.—Off port the Lady Fitzherbert, Fer rier, from Sydney, New South Wales, sailed the 14th Septem ber ; and Restigouche packet, St. John's, New Brunswick. RAMSGATE, JAN. 21.—Arrived the Bengal, Mayorair, from Calcutta, with loss of two anchors and cables; Star, Sternold, St. Michael's ; Susan, Cox, Bathurst ; and Ulysses, Riley, Cadiz, with loss of anchors and cables. LIVERPOOL, JAN. 24.—Wind S.W., fresh.—Arrived, the 'William Ackers, Nichol, from the Cape of Good Hope ; General Washington, Marberry, New Orleans; Branetes and John, Bentley, St. John's, New Brunswick ; Monarch, Africa; Euterpe, Cumming, Maracaibo : Merlin, Duff, St. Michael's. PORTSMOUTH, JAN. 24.—Wind W.S. W., blowing a gale. PLYMOUTH, JAN. 24.—Wind W.S. W., fresh.—Arrived the Cuxhaven, Steboonc, from New York, leaky, with loss of boats, bulwarks, and two of the crew, must discharge, bound to Hamburg. FALMOUTH, Jaw. 22.—Wind W. to W.S.W., fresh gales. WHITSTABLE, JAN. 24.—A smack has just come in for an anchor and cable for the Codringten, Geary, from Antigua, riding between the Mouse and the Ouse. It is blowing a heavy gale fiom the S.W. JAN. 24.—The Sapper, Millie, from Mar. tinique to Havre, is sunk at the back of the Pier, dismasted crew saved. SHEERNFSS, JAN. 24.—1 t has bloom a strong gale at S.W. all day.—A brig and a schooner are standing for the Creek. A schooner, from Guernsey to Rochester, has anchored tinder the lee of the Island of Sheppy. TORBAY, JAN. 24. —The gale continues from the S.W., with increased violence. PORTSMOUTH, JAN. 24.—1 t commenced blowing hard a W. S. W. at 8 P. as. yesterday, and shortly after . increased to : heavy gale, raining from S. W. to S.S. W., and continued 61 4 r. M. to-day, when it moderated. LIVERPOOL, JAN. 24.—A d;:eply laden bri . g, of about 200 to 250 tons, with loss of mainmast, was at anchor on the 22d inst. about 8 miles from Wexford. KINnsTowN, JAN. 23.—The Aglac, Labage, bonnd to Marseilles, in putting back drifted against the East Pier and disabled her much. FALMOUTH, JAN. 23.—The Express packet, bound to the West Indies, which was in the offing yesterday, has proceeded. JAN. •23.—The Juliana, Rochester, from Cal cutta to Liverpool, is on shore in Freshwater Bay, and will become a total wreck—the cargo washing out—crew saved. YARMOUTH, JAN. 23. The Minerva, Reading, from Sunderland, for Southampton, has arrived here, with loss of bowsprit, having been in contact with a vessel. It is blowing a heavy gale from S. and S.W. The Albion, Smith, from Quebec, has been driven on shore on the Block. THE MARKETS.-(THIS DAY) COVENT-GARDEN. , There was a good supply of Vegetables, and Foreign Fruit was abundant ; prices much as before. Pines 10s. per pound. Asparagus lOs to 16s. per bundle. Rhubarb Is. to 2s. per bundle. Kale 2s. 6d. to bs. per punnet. Scotch Potatoes 60s. to 655. York Reds 655. to 703. Devons 655. Whites 455. and 50s. per ton. Spinach -2s. per sieve. Cabbages 9d. per dozen. Cucumbers ss. per brace. Apples 4s. to 10s. pe. bushel. Lemons 53. to Bs. per 100. Oranges 4s. to 103. per 100. Turnips 20. per bunch. Brocoli 9d. to 3s. per bundle Carrots 4s. to 4s. 6d. per dozen bunches. Onions 3s. 6d. per sieve. Celery 4d. to ls. per bundle. Plants 3s. per dozen. HUNGERFORD MARKET. Supplies fair, and demand good. Fish scarce and dear. NEWGATE AND LEADENHALL MARKET. A good supply, and fair demand. Prices stationary. WUI'I'ECHAPEL MEAT MARKET. There was a fair supply of all descriptions, and the demand was good. Prices as last quoted, except veal which advanced Id. per pound. BILLINGSGATE MARKET. Supplies short, demand good, and prices as last quoted. HAY MARKETS. There were but tolerable supplies of most descriptions, and a rather dull demand. Prices much as before. MONEY AND COMM ':RCIAL NEWS CITY, TiVALVP. O'CLOCK. LIVERPOOL COTTON MARKET, FRIDAY.—The sales to lay are 5,000 bales, at yesterday's prices; exporters have oaken 1,100 bales American, and 50 bales of Surat. The Indiana, from Calcutta to Liverpool, was wrecked in Fresh Water Bay, on the 231 Ist., crew saved. The James Brown, from the Mauritius to London, is also lost. A large ship is on the Goodwin Sands, supposed to be from the West Indies, laden with sugar. THE FUNDS Consols opened this morning at the closinz prices of yesterday, 91i/ for the Account ; Money, 914 /, with a sLady market, and little doing as yet; Exchequer 'Bills IS 20 prem. ; India Bands, 2 4 prem. ; Bank Stock 179 180 ; India Stock 249 250. In the Foreign Market Spanish Active left off at 25i improved to 25fi ; owing to their coming higher from Paris, and the continued report of Cabrera's death, Portu guese same as they left off, 33+ 34+; Three per Cents., ; Colombian, 264 271 ; Mexican, 291 ; Brazilian, 75+ 76+ ' • Dutch Two-and-a- Half per Cents., 52+ ; Fiv e per Cents. 100+ 101+. PRICES OF STOCKS TillS DAY AT ONE O'CLOCII. , ank Stock — ; India Stock • 250 3 per Cent. Red. Blii 2 Ditto Bonds 3 per Cent. Cons. I-. per Cent . .. / Oki Annuitie — iitto Red. 91%4 Br ) I New Ditto New 336 pet Cent...... ........ 90!i % 3 per Cent. Annuities, 1751 New 5 per Cent. Bank Long Annuities to ex pire Ditto 500 .. „IS Wpm. Jan; 5, 1860.. l4 1-16. Ditto Smatl lB 20 pm. Oct. 10, 1859 — • Ditto Commercial dis. Jon. 5, 1860 --. Ditto Advertised ...... --.. Jan. 5, 1860 .-- Bank Stock for Account ... April 5, 1850 . — India Stock for Account ... Jan. 5.1870 — Consos for Acc0unt........ 91% PRICES OF FOKEION FUNDS Tills DAY AT ONE 0 CLOCA Austrian Bonds — reiiivian linridc ..... Begian Bonds Ditto ACCount Brazil's ri Bonds ... ....... .... Ditto Now Bonds — Ditto Iccount 3wlmns ',.yres Bonds Ditto I.cc. , r.lnt 7,hilion fond I — • Pruscian ' , smuts Data -i.c.co. tit — Russian Bends, 1829 Tol-mt ian 2.:711C1S •-• Ditto Account Dint li:So, it Columbian 1 - d5,15. , 4 -. i Spanish Bond ,' it:a to:xolt ..... vanish Bonds Ditto ,-.:.t,:r. nt — Drf,red 1..2%1. Greek Bonds. — French, 5 per cent. —f. —c. Ditto Bonds, 1825 _ -- 4 per cent. -f. —c. Ditto Account — ---- 3 per cent. —f. ‘7exican Bonds, 5 per Cent — ---- Exchange. -4.....-. Ditto Account — Dutch, 214 per cent. _ Ditto, (1 per Cent. Ditto Account i tto, ;:i per (Pent lOl% ezpolitail . Ditto Account.... ..... PRICES OF SHARES THIS DAY AT ONE O'CLO7.A. Paid. Per Share. i Iroat Western Railway Company 65 6'334 61 I Ditto New .......... . ... ..... . . 2) 22 20N 1%. Gosport Junction , 2O 2934 Brlgn ton Railway 'o 20 1 4% London and Blackwal! Railway l5 16% Isctitiou and Greenwich rtailway Company 2O 12% London and South Western .... ....... ..... 381. 17s. 9d. 44SAI COI) 11s1; OF EXCHA NOE "YU gERPAY. .... Amsterdanr - 12 5 • Ditty.. at .i&ht ...... ....., 12 2 1 ...............t?. U 12 53+il Antwerp... Hamburg,. Altona • Paris, 3 40 1 0itt0....... ........... NIL 15 70 70 B9ur.loaux . • 25 75 Frankfurt on Maine, Ex. M. 151 ?tterMraigii, ruble... 3 Us 37 7 4 1 Vienna, effective M il 5 Tristite ditto ..... 7 Madrid 36!, Cadiz—. woo .......... ••••••••••• 31 , 4 Bilboa •••.. ..•••• ............. SO 36!...i aircel,ir , ••• .•••• los; •48 ' ..... , 1) (.3 AIC, ;•.. • • ..... sO ••••-• " , 71,5,3 t.2)4 Orin, ..... Ixier- •• *l. ••••• • V6 ArLts „ Ntrw t , ••,ot 16 1 / 4 pr".a OZ, eJraza. (t.!l, )rlign jvcw 1.1 N2v713 , .!;•ug 4 It SC• vine' 95 Silver ..4 darc ." 0:1:; , •• 0 0 0 0000 00 sOi PRICES OF IRISH STOCKS. DUBLIN, JANUARY 23. 3 per Cent. Consols 3% per Cent. Stock Ditto Reduced - Ditto New, 1330 ...... ~. 99, City of Dublin Steam Comp. -- N per Cent. Debentures... 111 , National Insurance Company Bank stock . Grand Canal Stock Royal Canal Stock - per cent -- JIALF-PAST ONE. __ . . Consols have continued during the morning steady, with very little dving to the present time, at present 911 for . the Account, and for Money, 91f ; Exchequer Bills 18 to 20 : Ind a B•n“ls, 43 5 prem. ; Bank Stock, nothing done ; India Stock 250. In the Foreign nirlict the chief speculation during the morning was in Spanish Active which improved from 254 to 264; Portuguese, 344.; Spanish Passive, 6-a-; Deferred, 12h- ; Dutch Two-and.aflalf per Cents., 521 I; Five per Cents , 1011. In other foreign secu rities nothing doing. Good bills may be readily discounted at the bankers at 5 per cent., but money is not so plentiful in the house as for these few days past, and cannot be obtained under 4 per cent. At Havre the 1 , 0 , 1 storms have been severely felt, and some dan,age hai been don: w the town, TIIE VICTORIA COUNTY.—This scheme, we understand, is likely to be abandoned, at all events for some time, Sir John Rennie having advised that the undertaking cannot be prudently commenced without a deposit of 500,0001. and the total sum at present subscribed not exceeding 70,0001. —Lincoln Gazette. COURT OF EXCIEQI!:,R. DAY. CASE OF FROST, WILLIAMS, AND JON This inoriiin.4 - the ab , )ve case came on to be the twelve sludges, upon the poit:t of Itw w'!iol, by Sir Frederick Pollock in favour of the above prix. iti The interest xeitesi scented to be very great, as the Coin t eas very match crowde,l. Under the .e,i' occupie,.t by the leading Counsel sic observed Mr. Feargus O'Connor, who irequently conversed with Sir F. Pollock before the proceedings com menced. At fifteen minutes past ten o'clock, the Judges entered the Court, and took their seats upon the Bench. The ATTORNEY-GENERAL then rose and said—My Lords, may I beg your Lordships will intimate in what order the argu ment in these cases should be conducted. There were three convictions had, and I should wish to know how many Counsel may be heard, and in what order with respect to the whole pro ceedings. Sir F. POLLOCK.—My Lords, I appear in this case on be half of the prisoner Frost; the other two cases are somewhat different as regards the statement—Air. Kelly appears here on behalf of Zephaniah Williams, and Sir William Follett on behalf of Jones. lam wholly anxious to consult the con venience of your Lordships, but at the same time not to lose the benefit of making a claim of having this point argued in the. same manner before this Conrt as had taken place in the Court at Monmouth. It has been held that there were two Counsel assigned to each prisoner charged with the crime of high treason, but I shall be willing to agree to any course of proceeding wherein the ends of justice will be more speedily accomplished. Chief Justice DENMAN—I understood the Counsel on each side had arranged the mode of proceeding. Sir F. PoeLocic—We had arranged, my Lords, that one Counsel should be allowed to speak for one of the prisoners— that I should address the Court on behalf of Frost—that Mr. Kelly should then proceed on behalf of Zephaniah Williams, and that Sir William Follett should call their attention to the case of Jones. Mr. Keeey—l was instructed to appear for each of the three , prisoners, but I think it better for one Coui.sel only to be heard for each ; but I wish to observe that if I abandon now that course which I conceive to be right, it may not be consi dered hereafter as a precedent to be followed in any future cases of a similar nature, and I should pray your Lordships not to come to any decision in the matter. Chief Justice DENMAN—I think the course pointed out by Sir F. Pollock will be the fairest and best that could be pursued. The ATTORNEY GENERAL —I would not venture to inter fere further than to know what is your Lordship's pleasure, as I was not aware of this arrangement, until I came into Court this morning, and I protest as yet I don't know precisely what that arrangement is. CHIEF JUSTICE DENMAN—Sir F. Pollock called upon me on Saturday last, and stated the point which he had raised in this case. and he then expressed a wish that each case shou:d be heard separately and distinctly, and that one of the party concerned should not be bound by the decision come to in the case of another. sza F. Poenocx— I shall first state the arguments I shall make in favour of the first prisoner Frost, and the Counsel on the other side can reply. The ATTORNET.GENERAL—The Counsel for each of the prisoners should address the Court consecutively ; and my Learned Friend, the Solicitor-General, should have a right to be heard after I had addressed the Court. The Couivr—Yes ; provided they don't use the same arguments. Sir F. Poteocx—With respect, my Lords, to a general reply, inasmuch as the cases certainly resemble each other, I beg to say that I have not in any degree considered those points that will arise in the other cases. r don't mean to reply in an other case in which I am not retained, and to which I will frankly say I have not given any attention. There may be separate replies in the two cases, although these cases may be precisely similar. In the case of Frost, I apprehend you will allow me to reply for hint ; and the course 1 would suggest is, that you would permit me to answer the Attorney-General. Mr. KELLY—My Lords, I wish the course to be pursued would be exactly determined. I would, with submission suggest dm+, in the first case of Frost, Sir F. Pollock would address the Court, and that the Attorney-Gesieral would reply. And that I should be entitled to speak on behalf of Williams, and that 1 should then be replied us by a counsel on the opposite side; then that Sir William Follett should argue the case in favour if Jones and be replied to in due course. Sir F. Por.r.ocic—The course I wished to have adopted was in consequence of a communication I had with your Lordships. I am not instructed to act as counsel for any person but Frost. Mr. KELLY—I am desirous of consulting the wishes and convenience of your Lordships. If the other course be adopted the two last prisoners will lose the benefit of a reply from their counsel. Let each case be argued distinctly ; such was the course that we understood would be taken. s. Chief Justice DENMAN—WeII, let each case be distinctly and separately heard. Sir F. Poeeocx—My Lords, I can assure you most sin ' serely that there will be no disposition on my part to prolong this discussion longer than the exigency of the case requires. Sly learned friends who have been engaged here for the other drisoners, will attend to the arguments I shall have the honour rf making, and shall take a note of them, with a view of ab ,taining from a repetition of them, or dwelling unnecessarily on any argument that had already been laid before the Court. shall trouble your Lordships by reading the particulars of the case as it stands, before I proceed further. " The prisoner, John Frost was indicted for high treason; there were two counts in the indictment, as he was charged with levying war tgainst the Queen in her realm ; and on the 31st of December, 1839, lie was indicted upon that charge ; the srisoner pleaded not guilty, and all the other prisoners severally pleaded separately. Mr. Frost was then i iut upon his trial, and the Jury were sworn. On the first witness being called, and before he was sworn, the Counsel on ais behalf made an objection to the entire proceedings, grounded sport the fact that the list of the witnesses and the Jury that were to try him were not served upon the prisoner, at least en days before he was put mon his trial. By the statute of .tone, sec. 7, it is clearly laid down that the names and profes sions of the witnesses to be examined in cases of high treason .siould be delivered to the prisoner ten days before his trial, in ;he presence of two or more witnesses. In the 7th of Wm. i 11., chap. 3, it was also laid down that all persons accused of 'Ugh treason should have a true copy of the indictment, but not the names of witnesses, five days, at 1-ast, before the prisoner's vial would come on, for the purpose, as it stated, of advising with his Counsel upon the matter, his or their agent or ,gents requiring the same, and paying all reasonable f ees that might be d eman d e d. I n 6th George IV., chapter sO, section 21, it is laid down that a list of the Jury should be given at the same time with a copy of the indictment, it least ten days before the prisoner's trial, and in the presence of two or more witnesses. In the case of Frost, the bill of indictment was found ;on the 11th of De cember, 1839, and a copy was served upon prisoner; and on the 17th of December, a list of the witnesses, which were to have been produced, was served on each of the prisoners. In the opinion of the Counsel for the Crown this was considered a good service. With regard to the case of Zephaniah Williams and Jones, I have nothing to do with them. I have to call your attention to the arguments 1 intend to make use of, but before I begin, I wish to state that I consider myself here to day (and I have a right so t do, especially after what has been said), as arguing this objection in the same manner pre cisely as if I was before the Court at Monmouth, and that the subsequent proceedings which then took place, are not in any manner to prejudice the case of the prison er, whom, you must consider, as it ,he stood before your Lordships not convicted, but standing for his trial, and sup posing the objection to the witness ' Simmonds" being ex amined to have been ju s t ma d e b y t h e prisoner's Counsel Your Lordships will then be pleased to view me as if I were making use of the same arguments as I were in the Court at Mon mouth. I shall now endeavour to hasten over that part of the case which lass already been presented to the Court at Monmouth, and shall occupy as small aportion of your time as possible in call ing your attention to the main points then discussed. It will be then my duty to enter more at length in calling your attention to anything new, which I may deem necessary to enter upon. Two questions seem to arise upon the point reserved, the first is, as to the correctness of the proceeding itself, in not deliver ing a list of the witnesses to the prisoners ten days before the trial, but five days after the indictment was delivered to them. ,glue:i before issed The second question which arises is, whether it was competent for the prisoners to take the objection at that moment when the case was called on. I ?hall then procer dto call your LVen tion to the authorities which I mean to rely on, first as to the construction of the statute of Anne, and the other statutes which were in force before that statute passed. 'Secondly, as to the authorities which exist in England, either with reference to that statute, or any'dther case that could throw any light upon the law as r, garded high treason ; Thirdly, with reference to the Scotch law upon the subject ; and this I consider to be very important. Iha statute of Anne communicated to Scotland the law of high treason in England, but borrowed from Scotland certain matters of proceeding, which it will be necessary for th em t o consider.- It borrowed from the law of Scotland the necessity of delivering a list of witnesses, together with a copy of the indictmen t at the same time, to the prisoners charged with high treason but I believe it did not borrow the period of ten days beore trial. The facts of this case are already laid before your L The bill was found on the 1 lth of December last, and on the 12th a copy of the indictment and a list of the Jury were de livered in the presence of two witnesses, and in five days after wards a list of the witnesses was also delivered in the prese nee of two witnesses—whether that is a compliance with the pro visions of the statute of Anne, and whether delivering; a copy of the indictment and a list of the Jury five days before the list of the witnesses was delivered was in compliance with the statute requiring that all the three should be delivered at the same time. The statute of William, I mean the 7th and Sth of William the Third, chap. 3, had provided that the accused party should have a true copy of the whole indictment, but not the names of the witnesses mentioned in the statute of Anne, but those witnesses whose names were on the back of the in dictment. I don't know whether it was by ancient usage, or by a direct and positive enactment of the statute that the mints of the witnesses shall be endorsed on the back of the in dictment, that all such should be produced at the trial; but it is very clear that the witnesses mentioned under the statute of William are not the witnesses mentioned Under that of Anne. This copy was to be delivered live days before the prisoner's trial, but subject to the condition of his or their attorney requiring the same, and paying the officer his fees. In the same statute a direction is positive with respect to the delivering a list of the jury two days before the trial of the prisoners; that part of it is absolute, without any condition whatever, and free of expense. Then comes the statute of Anne, which identifies the law and the practices of England and Scotland with respect to high treason, enacting that what ever is treason in England shall be treason in Scotland, and, having made a provision for the introduction of a grand jury into Scotland, it then proceeds to enact, apparently borrowing from the Scotch law, ;that the list of witnesses and jury, and copies of the indictment, shall be delivered together. That was a distinct and positive enactment, standing wholly by itself, and wholly irrespective of the time when the proceed ings were to take place.: It was a distinct substantive provision, declaring emphatically that the two lists should be delivered at the same time, with a copy of the indictment, to the party indicted; and if no other provision had been made, the statute of William would have been still in operation as to the indict ment, and would have had to have been delivered) five days before the trial. The statute of Anne substantively and dis tinctly said that the two lists must, be delivered at the same time, with the copy of the indictment, to the party indicted. The question was, had these words " at the same time" a clear and undoubted meaning, independently of the following Section. which enacted that the lists shall be delivered ten days before the trial took place. He would contend that they had. There were here two distinct things ordered to be done—two distinct and positi. e enactments, one directing abso lutely that the two lists should 'hi - delivered at the same time that the copy of the indictment was delivered ; and the second enactment directing the peri , ,d at which such delivery should take place. It enacted that a copy of the indictment, wi h such lists, should be delivered ten days before the trial, so that in this last section the enactment of the preceding section with regard to the simultaneous delivery of the lists, and the copy of the indictment—that such was the plain construction of that Act of Parhament it was scarcely possible to imagine that sny doubt could exist i n th e m i nd of any lawyer. The second Statute to which he would direct their Lordships' atten tion was the Act 6 George IV., cap. .50, commonly called Peel's Act. He wished to draw the att , nt;on of their Lordships to the 21st section of that Act. They would find that that Act was passed w.th a view of colfeeting into one statute all the different provisione which were to be found in various acts and decisions that might be considered avilicable to any matters re lating to Jurics, and of those consolidating into one Act the E VEiciN 147,D1T10V, whole of the Jury law. Therefore at its co .clu ;on, having taken great care to colt, ct ail these laws together, it repeaas every met of them. But many of there had b eer , e; tat ti.) ~ .tute -enacted in preeiself the same term , were to be round in the termer site utis. Among oth the sei eof Edward 111. relating to the challenging of ees in ca le of tr-ason, had been in this act repeated wo,et By the 21st section of this act it was etiaeted, That whenever any person should be indicted for High Treason, in any Court other th an th e Court of Queen's Be nc h, a list of the Jury shoutl be deli vered to the purty indicted at the 'same time with a copy of the indictment, and that this should be delivered ten days before the arraignment. At Monmouth, his Learned Friend, the Attorney-General, had argued that the words • "same time" meant, within the same time, and had asked whether an interval of five minutes, or of ten minutes, or half a day occurring in the delivery of the lists, would be sufficient to vitiate the whole proceeding. Now, although he could imagine that in retired parts of the country, in consequence of the want of easy intercommunication, difficulties might occur which would render an interval of a few minutes, or even of half a day, in the delivery of the lists and the copy of the indictment una voidable, yet he could imagine no process of argument by which this interval of five minutes could be extended gradually so as to mean five days. In this case the copy of the indict ment, with the list of Jurors, had been delivered on the 12th of December, and the list of witnesses on the 17th. His Learned Friend, the Attorney. General, had contended that Peel's Act altered the law in this respect by making use of words enacting that the list of the Jurors shall be delivered at the same time, with a copy of the indictment, which shall be delivered ten days before the arraignment to the person indicted. In reply to this, h e contended that the statute of George IV. had left the question as to the list of witnesses entirely untouched. He could find no pretence for saying that it in any way repealed the Act of the 7th Anne as to the list of witnesses. It did not pretend to touch that point at all. He would call their Lordship? anen ton to one alteration which it made—it enacted that copies of the indictment, and lists of the Jury should be delivered ten days berore the arraignment—the statute of Anne enacted that they should be delivered ten days before the trial. Their Lordships could not but suppose bet ;hat Sir Robert Peel would embody into his Act the repeated arid solemn decisions of the Courts of Justice ; and it had been frequently declared by the Cou:ts, and laid down by all the text writers, that the words before trial, must be construed to mean before arraignment, because in point of fact then it is that the trial begins. Foster's book laid down this doctrine. In his first discourse on High Treason, chapter 3, page 230, he said that the statute of William directed that a copy of the indictment should be delivered to the prisoner or his attorney five days before trial, but according to the construction of lawyers, these should be delivered five days before arraignment. Their Lordships would find the same doctrine laid clown in the fourth volume of Black stone, page 357, of the edition published in 1787, when Black stone cites the authority of Foster and adopts it. The statute of Anne did not come into force until 1766, on the death of the Pretender, but it did not come into actual operation until 1781, on the trial of Lord George Gordon He would now call their L ?Islip ' attention to] he eraetice which had obtained, under the statute of Anne, since it came into operation. He was af.-aid that at Monmouth, where the point was quite new, and where they came to the discussion prepared with only such slight materials as were available on the spot, he occupied too much time on that point be going m:nu'ely into the facts of every case which he could find recorded. He should now ab stain from going through all these cases, and reading them case by case. He should only give one, and content himself with referring to the test. The case he should give was that of Lord Georg: Gordon ' which was to be found i n th e 21 s t vo l. o f Howell's State Trials, p. 648, and also in Douglas' Reports. This was the first that had occured since the statute of Anne had come into operation, and the Attorney General applied to the Court of King's Bench, fora rule, calling on the Sheriff of Middlesex to shew cause why he should not deliver to the At torney for the prosecution, a list of the jury, in order the proe s tutor might cause such list to be delivered to the person in dicted, or to his attorney or agent, at the same time with the list of witnesses, and icopy of indictment 10 d ae s b e f ore arraign ment. He made thisgapplication tolthe court, on the ground that there was no other method of complying with the meaning of the statute. The list of the Jury could not strictly speaking be delivered to the person indicted ten days before the are raignment, because as there was no issue joined before araire ment there could strictly speaking be no Jury before, that period—but a list of the persona who were to compose the Jury was to be given to the person indicted, together with a list of the witnesses and a copy of the indictment ten days before arraignment. Upon this appl'eation the Court ordered the Sheriffs of Middlesex to deliver to Mr. Chamberlain, the Solicitor for the prosecution, a list of the Jury sum moned to attend that trial, in order that the same might be delivered to the person indicted, his agent or attorney, at the tame time with the list of witnesses and the copy of the indictment. In this case this question had arisen—that as un til after arrangement no issue ehould be joined, it seemed doubt ful (how it could be possible to comply with all the p.ovisions of the act, unless the trial was stopped immediately after the ar raignment, and the Court adjourned for ten days, in order that a jury might be impannelled after issue was joined, and the list of the jury, together with a list of the witnesses, and a copy of indictment delivered at the same time to the person indicted as to hisattorney or agent in the presence of two creditable witnesses. the Attorney General feeling this difficulty, applied to the court and obtained an order by which he got, not strictly speak ing a list of the jury, but a list of those who were hereafter to compose such jury. This was important, as showing- the true occasion of the difficulty under which the Attorney General laboured, and which had induced him to apply to the court. It was then settled by the court, that the lists ought to be deli vered at the same time, aed that such delivery ought to take place ten 'days before the actual trial. The court directed the sheriffs to give the solicitor for the prosecution a list of the jury before the actual return of the jury, so that the statute might be complied with, by the list being given at he same time with the copy of the indictment. He considered, therefore, that this being the first occasion had settled the practice. 'the Attorney-General had felt the necessity of lay.; ing down some rule to get at a list of the Jury so as to comply with the meaning of the statute. He had brought the subject before the Court. The Court had agreed with him the rule was then laid down, and had been adhered to ever since. Lord Chief Justice TINDA L—There is no mention made of the list of witnesses, (To be continued in a SECOND EDITIO S;' iN•) If . rederick and Lady Bathurst left Mivart's Hotel on Friday, for Coombe Park, on a visit to the Earl and Countess of Craven for a few days. Sir Willi am an d L a d y Ch atterton, who were on a visit to Mr. and Lady Louisa Tighe, last week, at Woodstock, Ireland, have since left on a tour of visits. The mortal remains of the late Dowager Countess of Coventry were removed on the 22d inst. from her residence at Streatham, her native place, for interment in the family vault, at Croome, in Worcestershire, up , ni which occasion the villagers generally closed their windows in testimony of their high esteem and regard for this departed lady. Lord Powis has returned to Powis Castle, from Wynnstay, where his Lordship remained two or three days after the interment of the late Baronet. The Dowager Lady Saltoun and the - Hon. Miss Fraser are still residing at Ness Castle, Inverness, but purpose leaving in a few days for town for the season. The Duke of Manchester, with Viscount and Viscountess Mandeville, and Mr. and Lady Georgiana Bane, is passing the winter months at Naples, for the benefit of his health. We are happy to hear the last accounts received in town left his Grace and family in the best of health. Colonel and Lady Elizabeth Steele and family are staying at Kimbolton Castle, Huntingdon. The .Bishop of Hereford will consecrate the new church ^t Knowbury, Hereford, on Wednesday, and collection will be made after service, when lady Harriet Clive, and the Hon. Mrs. Musgrove, lady of the Bishop, will hold the Oak- s. The Lord Bishop of Bath and Wells (Dr. Law) gave a grand concert of vocal and instrumental music, on Wednesday evening, at the Palace, Wells, at which were present upwards of two hundred of the surrounding Nobility and Gentry. The prima donna of the evening was Miss Adeline Cooper, late of the St. James's Theatre. Mr. Holland, M.P. for Hastings and. St. Leo nard's-on-s'ea, has caused to be distributed fuel to the amount of 10/. to the poor of those towns. The Duke of Cambridge inspected the Royal Military Asylum, at Chelsea, Friday afternoon. The Countess Bjornstjerna's diplomatic soirees in Upper Belgrave-street will commence next month. Lord and Lady Mary borough have issued cards of invitation for dinner parties on Tuesday, Friday, and Satur day in the ensuing meek, at their residence in Saville-row. The Speaker of the House of Commons will give his first gran.' Parliamentary dinner at his new official resi dence, in Eaton-square, on the 16th February. The Earl and Countess of Chichester have ar rived in Grosvenor-place. The Earl and Countess of Mansfield and the Ladies Murray have arrived at Caen Wood, Hampstead, from Sco:ie Palace, Per.hshire. • The Duke anciDuchess of Montrose left Bel.. • grave-square, on Friday, on a visit to the Duke of Rutland, at I3elvoir Castle, where many fashionable& have arrived the Duke of W e lli ng t on i 3 expecte d . ; SCALDED TO inquest was held before Mr. Wakley, M.P., at the R o yal Oak, Princes-street, Lisson-grove, on the body of Matilda Dickens, aged 13 months. It appeared that the child was taken to pass a week at its grandfather's, in Great Russell street, Bermondsey, and that on Friday evening week she was playing oa a hearth-rug, when she stumbled, and in f a iti v i e ll pulled a kettle of boiling water which stood on the fire over her. Her neck and arms were so severely burned as to baffle last.the lit i t r l e e rd s i f t e — re , r , A d c ie c c i l de o n f FItONI A CORRESPONDENT.— —NI r. Trevei vat , ' a th ll e s i u n i fu i r c i a e l s d a a n y d brother-in.law of Mr. T. B. Alacaulav,bas been appointed As sistant Secretary to the Treasury, i. the room of Air. Spec-- man, resietted. Trevelyan entered upon the business of his new office on Thursday morning. It issaid that on her Ma tailhdeeea'ffthec.t: of Ma jesty's marriage Mr. Spearman will be created a BaroLet.—• Standard., . . A very important communication has been re ceivedchitoi k rne l ueoielmu-ta true-hearted c s ean o uant e rt i iti a enes t xdu e i c d stlotir t el nie h nss e htet themselves staceionntltevadmet obscurity, uoo t nsn o t g tof he feel the soundest their poe r ariurotn t ul o adodeng i tg i ,t d .h: alapo ;h rstidt e hni i Pee r s rtiaael l ,tnl r ela i cis s rae h eTfm b reaon r ie e mitri j i by the Trades' Union from a body of Irishmen in London, working the green and lovely plains of their native country, who, never theless, make it their first and dearest object to seek for that persecuted country those rights which heaven granted, but which man withholds. " Repeal," say those independent pa triots, "is no longer considered a rebel cry—a Gorgon to the eyes of rational men ; it can be seen and heard without dismay ; it resolves itself into a political necessity. Surplus Irish labour and surplus Irish misery are deluging the land. It is therefore the interest of Englishmen to advocate Irish equality, and, by re storing to Ireland her domestic Legislature, enable her to exer cise her natural resources, in order to employ her populations and become, what she ought to be, the faithful, powerful, and unshackled ally of England." There is goad sense and great power In this. Let these sentiments be scattered throusoiont England by the London Repeaters. Let the millions orpro clueing Englishmen be made thoroughly aware that it is their interest to restore to Ireland her Parliament and her gentry,: and then the question will be carried without the shedding 0 ' blood or the dropping of a tear.—Dublin FATAL ACCIDENT ON TIIE SOUTHANIPTON RAILWAY —On Tuesday afternoon, between three and four o'clock, a labourer, named William Parker, who was occasion ally employed on the above railway was riding on some mud.; waggons near Blackw&ter, and while in the act of jumping on for the purpose of going home,- close to the spot, hi s foot slipped, and the whole of the wheels passed over his right leg' crushing it in a most frightful manner. N o time was lost ill conveying the sufferer to St. Thomas's Hospital, where th e mutilated limb was taken off, but he expired in an ho,,r after the operation was performed. ROYAL BRIDAL CAKES. Her Majesty ' s confectioners in ordinary have severally received orders *oil , the Lord Stewird of her Majesty's Household to prepare an ex'ensive supply of bride cake for the approaching P,03a1 nor tials. The variety and appropriateness of decoration, in allu sion to so rare an ccurrence as a Royal wedding, will clout).- less afford these celebrated artistes a most favourable oppor itunitv of diftlayine heir profs. , sional taste and infrenititv--,... everyt' 'h- Thehre