The Sun. — London, England, 1840-05-22 00:00:00

EVEN ING RI) ITION Agreed to. The SPEAKER then called upon Mr. French, who had a notice of motion on the paper for a Select Com mittee t 3 inquire into the allegations contained in the petition of Mr. W. Roberts, presented on the 3d of April, but the Non. Member not being in the House, Mr. WARBURTON said the Hon. Member for Ros common had not acted fairly towards the Hen. Member for Lambeth and himself.—(Cries of " Order, order.") He intended to conclude with a motion.—(" Order, order," " Chair, chair.") The SPEAKER said the Hon. Member mu3t be aware that it was quite out of order when the name of an Hon. Alember was called, fur another Hon. Member to get up and propose any other motion. If he had any motion to bring forward he should wait to offer his observations to the House until the notice paper had been gone regularly through. WEST INDIA MAILS. Mr GODSON was a!xious, as he had stated in an early part of the evening, to obtain some information relative to -tl.e contract for carrying mails by steam to the West In dies. He had no wish to embarrass the Government, and he would rather ask a question than make a motion. The documents had been moved for in the month of Feb ruary last, andjhe contract had not been laid on the table. The contract for conveying the mails to Halifax had been hid on the table, and also the charter to the Company for conveying the mails to the West Indies, but the contract for conveying the mails had not been laid on the table. He would to-sorrow, if the Chancellor of the Exchequer were in his place, ask him if there was any objection to lay the contract in question on the table? CENSUS OF THE POPULATION. Mr. FOX MAULE, in the absence of Sir Henry Parnell, obtained leave to bring in a Bill to take an ac count of the population of the United Kingdom. CHESTER GAOL. Mr. WARBURTON moved fora return of the number of poisons confined in Chester gaol, distinguishing the of fences for which they were confined.—Agreed to. CASE OF MR. ROBERTS. Mr. FITZSTEPHEN FRENCH said that in bring. ing forward the motion of which he had given notice, and in drawing the attention of the House to the petition in question, he did so, not because it was a case of great dividual hardship—not on private grounds, although the pe titioner had suffered a very heavy pecuniary loss—but he brought forward the motion on public grounds, because the petitioner stated that the advantages to be derived from a most important scientific discovery had been withheld from the publie, in consequence of the conduit of certain individuals filling official situations.—(Hear.) The petition was from a gentleman named Roberts, who was the inventor of an anti-septic composition to prevent animal decomposition for a long period of time. The pe titioner tated that Dr. Somerville, who was in high favour with the Government, had neglected his duty. He also stated that his discovery was spoken highly of by Sir Astley Cooper, Sir B. Brodie, Dr. Birkbeck, and other eminent scientific men, and had documents from these gentlemen to that effect. Sir Astley Cooper offered the petitioner a letter of introduction to the Hon. Member for Bridport, and he waited upon him with it, and the Hon. Gentleman received him with great courtesy, and expressed great anxiety for the result of the discovery, and asked Mr. Roberts to state to him by letter what remuneration he should expect for it, and Mr. Roberts in that manner in formed him, that in consideration of 5,0004, he would transfer to the Government the right to use his composition in all the schools of anatomy in the kingdom. The Hon. Member for Bridport waited with this upon the then Chancellor of the Exchequer, but that Hon. Gentleman was then so engaged with public business, that he told him he was unable to pay any attention to the subject until the end of the Session (1836). At that time the Right Hon. Gentleman suddenly left town to attend the scientific meeting which was held that year at Bristol, and then went to Ireland, to which ,place Mr. Roberts got a friend to write to him; no answer was re.. ceived to that letter, but the Right Hon. Gentlemen ad dressed one to the Hon. Member for Bridport, dated the 22d September, 1836, in which he stated that the Govern ment were satisfied of the value of the discovery, as attested by so many eminent men, but were not prepared to accede to the proposal which had been made to them. Now he (Mr. French) must state he had no complaint to make of the conduct of the Home-office in the affair, as it was plain and etraightfarward. Of course, Mr. Roberts thought that then the negociation was at an end, and that he might use his invention as he best could. But Mr. Warburton said No such thing. Lord John Russell knows nothing of the matter--the Chancellor of the Exchequer thinks highly of it, and he is the only scientific person in the Ministry."__ ( Laughter.) Subsequently "Mr. Warburton said, that un 4.ess he Was put in possession of the secret he would not stir in it. Mr. Roberts at first naturally objected ; but, afterwards, on the advice of Sir George Sinclair, who told him that Mr. Warburton was an honourabl e man, *id' whom the secret was safe, ho consented to do so. ?4o report was given up to the end of 1837. Statements appeared in the papers of other individuals taking out patents for anti-septic process. Mr. Roberts was anxious, and applied to Mr. Warburton, who told him to keep himself easy, because if he (Mr. Warburton) reported favourably, the Government would be bound to compensate him, were there even twenty patents. Some time after Mr. Warburton said he was prepared to recommend a grant of 1,000/., and 2,0001. after the pr ocess h a d b een brought fully into operation. Several months of delay and excuses occurred, at the end of which Mr. Roberts received a letter from Mr. Warburton, stating that the Chancellor of the Exchequer having referred the matter to the Borne-of f ice, Lord J. Russell had declined recom mending any grant. Now, (said Mr. French,) would such a proceeding have been allowed in private life ? I confess, as the case appears to me, it is one of the most unjus tifi ible I ever met with ; here there is, at all events, ground for inquiry. It is of importance to know if the Act of Parliament is violated. It is of importance to know if Mr. Roberts has been subjected to a breach of contract. say no more at present, but simply move a Committee of inquiry on the petition of Mr. Roberts. Slr. WARBURTON hoped that, considering the per sonatnature of that question, no advantage would be taken of the thin state of the house until he had completed his defence.—( Hear, hear.) It was perfectly true that Mr. Roberts had come to him with high testimonials. He had disclaimed any authority on the sub. ject, but had consented to recommend to the Chancellor of the Exchequer a small grant first, and a larger when the process had been throughly tested. He did make the recommendation, which of course was at tended with all the delay invariably accompanying appli. cations for money to the Chancellor of the Exchequer.-- ( liear, hear, and a laugh.) While the matter was going cc, in March 1837, it came to his ears that Mr. Roberts had made threats with regard to the prevailing mode of acquiring subjects for anatomy, on which he (Mr. War bur.on) declined having anything more to do with him ; hut was subsequently prevailed upon CO enter again upon the subject, and having had the secret confidentially COM vnunicate4 to him. he had again made a recommendation to the Chancellor of the Exchequer, as stated by the Hon. Member. In 1838 Mr. Roberts proceeded to carry into effect a threat he had made, and went to all the Boards of Guardians he could for the purpose of preventing the Anatimy Act being carried into operatic n. He went, either by stealth or forcibly endeavoured to find his way, into the workhouses of London, and distributed printed papcis among perties in order to excite prejudices in their minds against the practice of anatomy. Yet Chit was the man who came to the,House, and said his object was to extend the practice of anatomy, and asked for a grant of pubiic money to forward his views.—( Hear, hear.) He hoped that no assistance would be f ffoaded him by the House —( Hear, hear.) Mr. FRENCH observed that Mr. Roberts sought for no reward at the hands of the House, he merely asked for innuiry. Mr: HAWES thought that Mr. Roberts bad nothing to complain of either against the Government or his Lion. Friend, the Member for Blidport. M-. GOULBURN said that Mr. Roberta had also applied to him upon the subject of his discovery. He did not think his conduct had been so culpable as to deprive him of any consideration on the part of the Government, but he deprecated subjects cf this sort .being brought be fore the House of Commons. At the same time, the Government might fairly consider whether he was not en titled to some remuneration. 11r. FOX kl AUL E observed that there was one thing connected with Mr. Roberts that made him suspicious of his condsset and his secret too, namely, bringing charges egaihst the Anatomy Act, and msking assertions that it had not answered the purpose for which it had passed. fie could state that the object for which that Act was passed had been fully attained, namely, the putting down of that abominable )stern that was formerly carried on by resurrection men.—( Hear, hear.) He per _ fectly well recollected that about tour years ago Mr. Ro berts made a claim for remuneration, and his Noble Friend, the then Chancellor of the Exchequer (Lord Alonteagle), came to the conclusion stated by th e H on. Member - for Roscommon, that he would not be justified in making any grant to him. Sir ROBERT INGLIS suggested that the Hon. Member for Roscommon had better withdraw his motion, and her Majesty's Government would perhaps take steps to have the case referred to the College of burgeons for its decisioe. Mr. PRYME thought, if the invention was of any value to the public, it should b.; purchased, no matter what the character of the party was. Mr. WARBURTON was again about to address the house, when Mr:FRiNCH said he thought the Hon. Member for Bridport had h a d ample opportunities of etpiaining his views upon the subject. Mr. WARBURTON merely wishod to read the cer tificate of two surgeons, who slated that they thought the invention was not applicable to anatomical purposes. Mr. F. FRENCH replied ; in conformity with what appeared to be the wish of the House, he would not press bl 3 Th; motion was then by leave withdrawn. The Order of tie Day for the House going into Com mittee on the. Salo of Beer Bill having been read, General JOHNSTONE moved that the House be counted ; and there being only 32 Members present, the Hells. adjourned at a Quartcr past Seven till to-morrow (this day). A meeting of Welsh bards is to taly place at Live pool in the middle of next month. The ehief composition will be the resources of Liverpool, and its claims to the name of l' modern Tyre." only person who had entered into the speculation. The lf.n. and Learned Gentleman concluded by moving that petition of M. Ilercu!es Bradshaw be referred to a lrct Committee. Lord CA[L EREA G fl seconded the motion. It was true that there were few subjects on which he could agreee with the Hon, and Learned Gentleman, to whom g:eat credit was due for the manner in which he had 2ken '4 l Athi, case. Mr. O'CONNELL said it had been suggested to him that an arrangement might he made by postponing the matter, and he would therefore beg leave to move that the debate upon it be adjourned till Tuesday next.— CHUB. ~NSION. Mr. Hume's Amendment to ir h. Inglis's motion, that an humble address be presented to her Majesty, praying that, before recommending this House to grant any further sums of public money tcwards Church Ex tension, her Majesty would be graciously pleased to take into consideration the rich and valuable endow ments which are already possessed by the Established Church of Englsnd and \Vales, as well as the large sums of public money which have been granted for Church Extension since the year 1809 : That her Majesty will be graciously pleased to consi der, that the bulk of the property held by the Esta blished Church of England consists of endowments orig:nally made by various sovereigns of this country, and by other individuals, for the maintenance of the Roman Catholic Church : and that this property was subsequently appropriated by the legislature to the sup port and maintenanoe of the English Protestant Re formed Church, at a time when dissent from that Es tablished Church was expressly prohibited by law, as appears from the sth and 6th of Edward VI., cap. 1 (A. D. 1552), when " every person or persons inha biting within this realm, or any other of his Ma jesty's dominions," were required to t , resort to their parish church or chapel upon every Sunday, and then and there to abide orderly and soberly during the time of common prayer, preachings, or other service of God, upon pain of punishment by the censures of the Church :" and it was also at the same time enacted, " that if any person shall willingly hear, or be present at, any other manner or form of common prayer, or service, than is set forth in the Book of Common Prayer, according to the laws of the realm, on being convicted thereof before a Justice or a Judge, and a Jury of twelve men, shall for the first offence suffer imprisonment for six months ; if found guilty of a second offence, one year's imprisonment ; and for a third offence, imprisonment for life." That her Majesty will b e gracio us l y p l ease d to re member, that since the year 1688, the laws which pro posed to enforce, under the above severe penalties, uniformity of prayer, and regular attendance on one form of worship, have been modified and partially re; pealed ; and that a very large portion of the subjects of her Majesty have, under various denominations, dis sented, and do dissent, from the doctrine, and from the discipline of the Established Church ; and that nu] merous places of worship have been erected, and Minis ters to afford means of religious worship and instruc tion have been appointed and supported, at the sole ex pense of these several sects and denominations, with little, if any, assistance from the public Treasury ; and that, whilst the Established Church, at this time, in cludes only a portion of her Majesty's subjects, it has yet been allowed to retain the entire property, and re ceive the whole of the revenues formerly granted and intended for the religious instruction of all her subjects. That her Majesty will be graciously pleased to con sider that it appears, from the Report of the Commis sioners of the Ecclesiastical Revenue Inquiry, dated 16th June 1835, that the permanent gross annual re venue of the Church of England, on the average of the three years ending 1831, was upwards of 3,750,0001., and the permanent net annual revenue was upwards of :3,450,000/. exclusive of glebes, and of the amount of fines paid on the renewal of leases of Bishops' and other Church lands ; exclusive also of Church -rates, of Easter Offerings, of fees on marriages, births, and burials, to a large amount : Gross Net Details. Average. Average. Revenue of Archiepiscopal £ £ and Episcopal Sees.. , 181,631 160,292 Do. Cathedral and Collegiate Churches Do. of Dignitaries of Cathe dral and Collegiate Churches 75,854 66,463 Do. of 10,540 Benefices Do. of 62 sinecure Rectories 18,622 17,096 £3,757,573 £3,456,861 That her Majesty will be graciously pleased to re. member, that according to the Diocesan Returns for England and Wales (made by the Archbishops and Bishops to her Majesty's most honourable Privy Coun cil, in the year 1838), of the incumbents of the total number of benefices, 10,742, the enormous proportion of 4,307 were non-residents ; and, That her Majesty will be graciously pleased to con sider the extreme inequality with which the Ecclesiasti cal zevenues arc distributed ; and that, by these Re turns, the 3,230 curates, employed actively in 1801, received on an average only 791. per annum, showing, that although the revenues of the Church are upwards of 3,750,0001. annually, the active duty, in nearly one half the benefices, was performed for less than 420,0001. That her Majesty will be graciously pleased to con sider, that, in the opinion of a large portion of the people in England, the present revenues of the Church, if wisely administered, are amply sufficient to provide religious worship and instruction for that portion of her Majesty's subjects belonging to the Established Church of this kingdom ; and that any apparent want of such religious worship and instruction may fairly be attri buted, not to the deficiency of the Ecclesiastical revenues, but to the evils arising from sinecures, pluralities, non residence, and inequality of distribution of income, whereby a considerable proportion of these revenues are absorbed by dignitaries and incumbents, who, per; forming but little duty themselves, instead of aiding, actually impede the spread of religious instruction, and increase the labour of those clergymen who are the most actively engaged in promoting religious knowledge. That her Majesty will moreover be graciously pleased to consider that, besides the large permanent annual re venue 013,7.50,0001., and the income from glebes, &c., the several fines, rates, and fees to a large amount, as stated above, there has been paid since the year 1809, from the public Treasury, the further amount of up wards of 2,750,000/. for the extension of the Established Church, and for the promotion of her religious worship! Sums levied by Parliament for augmenta tion of poor livings .£1,100,000 For Church Buildings, &c. . 1,500,000 For Drawback s on Building materials. £2,753,15 That, finally, he r M a j esty w i l l b e graciously please 0 d to consider, that the public revenue is levied not only from members of the Established Church, but also from dissenters of every sect and denomination in the United Kingdom ; that the conscientious belief and conviction of Dissenters prevent their profiting,,eithor by the ex tension of the Established Church, or by the doctrinal instruction which is promulgated therein, and that it will, therefore, be highly unjust and oppressive to grant from the public Treasury any more of the money, con tributed by all her Majesty's subjects collectively, with a view to the extension of a Church which embraces only a portion of her Majesty's subjects, and which Church, moreover, is already so liberally and largely endowed. ADULTERATION OF SOAP. TO THE EDITOR OF 7'HE SUN. Ste,--Now that the Cnancellor of the Exchequer has made a demand upon the public of a shilling in the pound upon all duties arising from the Customs and Excise, iris to be hoped that he will make some effort to protect the pub lic from the numerous frauds practis 41 in the manuf•c ture of sonic exciseable articles. In no instance is this imposition carried on to a greater Extent than in the manufacture of soap, Spanish clay, silica (pulverised flint), water, &c., are brought into requisition for this purpose. But in the manufac ture of soap intended for home consumption, water forms the principal item of adulteration, being least liable to detection by those unacquainted with the processof making soap. I shall briefly explain the modes operandi in this case. When the soap, whilst in a liquid state, is being removed from the boiler to the frame, water, heated to a corresponding temperature, is gra dually added, in proportions varying from five to forty five per cent., to suit the conscience or cupidity of the trader. Notwithstanding the untiring efforts of those engaged in the trade (some of whom have had practi cal chemists employed for years) to discover the " Phi losopher's Stone" which was to transmute pounded flint and pipeclay into oil and tallow, pure soap can be made of nothing but tallow, fat, or oil, or of whatever is of a greasy or oily nature. I shall not occupy your valuable space with a description of the method of ' making soap, which, as it is a chemical process, would be uninteresting and unintelligible to ordinary readers, but beg to refer those who are cu rious in such matters to " A Copy of the Report to the Honourable Commissioners of Excise, on the spe cific gravity of Snap, by Professor Thompson, of Glas gow, ordered by the House of Commons to be printed. April 13 t h, 1840." By the by, th ere i s one circum stance connected with this system of adulteration, of which the Chancellor of the Exchequer, as field-marshal olthe whole corps of Revenue offlens,shoUld be reminded, viz., that water, when mixed ith ' srp, ll must necessarily displace a corresponding quatwitit import duty upon the tallo w that t oug h tot o t w , 6 whereby the is, or may be, considered lost ; andanyoZtecisoemolfiinceedr, occupied in charging the duty upon soap, can inform him that water not unfrcquently composes one-fourth of the yePow soap at present ninnufactured. Now, it must seem strange to s i mp l eminded people, that the Chancellor of the Exchequer, with these facts st • him in the face, should have introd uce d a Soap Bill a n n o n w g before the House of Commons, leavi ng i t discretionary with the soap-makers to adulterate or not, an d giving in fset,r.autcet(, iioniseah%o,inwirtothce public to suffe r a ll t h e evils result harge the duty upon soap w h en adul in, from a fraucdulent and flagitious system. As there has been so much time and attention bestowed by the House of Commons upon matters comparatively unim portant, perhaps same of the Liberal Members would take watching the further progress o f t hi s Bill, t a h ail e tr o o f u c b a le of calling the attention i o n f aPgilliamwhenietht,oastbaet pressing o p m re i s s e s n io t n ea o n f s a iii p a r t o e h d i , bit w o o ry uld cl p a e u r s p e etaaie an evil heavily upon all, but particularly the poor. Monday, May 18, 1840. D. W. The Baron Fleurteloup, who has been in St. Petersburg during the last six months, on a special mission, has just arrived in England. THE ,qtiN, LONDON, FRIDAY, MAY 22. iPzio. A GAMEKEEPER SHOT BY HIS MASTER. On Wednesday we gave an account of the melan choly death of a gamekeeper, named Thompson, who was shot by his master, on Sunday night, at Roundhay, near Leeds, and we now give, from the York Courant, some further particulars of the melancholy event de tailed at the inquest on the body. Mrs. Nicholson, wife of the gentleman who fired the gun, was first examined, and stated that, on hearing a noise at the front dour, she called her husband, as she believed the house was attacked by robbers. That he went out, and she shortly after heard the report of a gun, and her husband say, " Good gracious, Charles, why did you not speak ?" It appeared from her evi dence that an attempt had been made to break into the house on the night of Saturday week, and that almost every house in the neighbourhood had been tried within the last four months. George Hudson, the servant who went with Mr. Nicholson to attack the supposed housebreaker, detailed the particulars of the unfortunate accident, and the Rev. J. A. Rhodes produced the d. position of the deceased which he had taken down from his own mouth when at the point of death. It is as follows : West Riding The Examanination of Charles George of Thompson, of Roundhay, gamekeeper to Yorkshire. Stephen Nicholson, taken before me, one of her Majesty's Justices of the Peace, in and for the said Riding, this 18th day of May, 1840. Who on his oath saith—Last night I went out for to watch, in consequence of so many thieves having been about trying to rob the houses belonging to Mr. Nichol son and Mr. William Nicholson. The other men also watched in their turns. My turn came twice a week, and it was my turn last night. It rained hard. 1 got within the front door to shel ter myself. It was about twelve o'clock, I sat down to keep my gun dry. I think I dozed a little ; but I overheard Mr. William Nicholson speaking to the mistress—nothing more. I might stay there two hours, and I had my gun sometimes on my knee, and some times in the corner. It still continued to rain. I think that I made some noise with my back pressing against the door. The door gave way, but I only made a little noise—not a deal of noise. I heard two men come past the west corner of the house, and I got hold of my gun. Mr. William Nicholson shouted out, but I did not know him, nor did he know me ; I am sure he did not know me, for he would never hurt me if he knew me. I did not know him. I received a shot in the body from Mr. William Nicholson, which doubled me up. I pulled my hammer off the capper, ready to have a go myself, for I thought they were housebreakers. I know now that it was Mr. Nicholson that shot, because the ser vant was separated from him at some distnnc® I have no doubt at all that they thought I was a housebreaker, and that I was at that time in the act of forcing the front door. I had never on any former night been in the doorway ; but I thought it was a good shelter in the rain, and I thought it a good place to catch the thieves. I never told Mr. Nicholson that I should stand there. I had lain under the clumps. I do not know that Mr. William Nicholson was aware that I was watching at all, The barrel of my gun was loaded with No. 4 shot ; and the other barrel with six pistol bullets. I had also a pistol loaded with me. I do not blame Mr. Wm. Nicholson at all in this transaction—not at all. It is God's truth tha am telling. I should have shot them, but George, the servant, discovered that it was me. When this took place, Mr. William Nicholson came up and took me in his arms, and said—" Oh, Charles, why did not you speak ?" I said, I took you for a housebreaker. I did not know your voice because you spoke with an austere voice. Mr. William Nichol son showed great concern for the accident that had hap pened, and was very feeling indeed to me. Whatever shall happen to me I declare that I think Mr. William Nicholson was in no way to blame at all. Nor do I blame him in any respect at all, for in another moment I should have done the same thing. I have never at any time had any dispute whatever with Mr. William Nicholson. The mark of CHARLES GEORGE THOMPSON, Sworn before me this day and year above written, J. A. RHODES. Several other witnesses were examined, and among others the Rev. Thomas Davis, who, according to the report, gave satisfactory proofs that the unfortunate deceased was in liquor. Mr. Nicholson, who had been in the room during the examination of the witnesses, in a statement of extreme agitation, said that the evidence which had been given was true in every particular, and expressed his regret at the untoward event which had occurred. The CORONER summed up, and the Jury returned a verdict of " Homicide by Misadventure," thus excul pating Mr. Nicholson from blame. The deceased, who was a very steady man, was 49 years of age, and has left a widow and four children ; these of course will be provided for by the bounty of Mr. Nicholson. It is a fearful reflection that, had it not been for the flash of Mr. Nicholson's gun, Thomp son would have fired both his barrels, one at Mr. Ni cholson and the other at the servant ; and thus, in all probability, three lives might innocently have been sa crificed, each deeming the other to be the robbers. thinks there remaineth no other deliberation in this case, out how most sufficiently and with greatest per fection possible, most speedily the same may be accom plished." The description nail appeal of Sir Walter Raleigh then made to Queen Elizibeth are highly suitable at present, and, in fact, they ought to come home with double force ; for if the decay of the havens along the coast at that time was so great and so grievously felt, how much more must they be so now, seeing that the shipping of the kingdom is perhaps quadrupled, whilst there is not a harbour from the Thames to Portsmouth where a vessel of ordinary tonnage can run to in the hcur of need. We trust, therefore, that the Govern ment:will profit by Sir Walter's advice under the pre sent circumstances ; and that, though the plan which we understand hqs been proposed, namely, to throw a breakwater across the bay, may cost something consi derable, they will at once adopt it, seeing that it will be: the means of effectually rendering Dover Harbour what it ought to be—a place of shelter at all times for the shipping of this mighty empire in storms, or con trary winds, or in distress. THE LATE COLONIM LIGHT. TO THE EDITOR OF THE SUN. Sin,—Having some time ago seen a short notice in your journal relative to the lamented death of Colonel W. Light, Surveyor-General at Adelaide, in South Aus tralia, I am induced to believe, from the general character of your paper, that you will be liberal enough to insert the following passage from the last volume of Napier's " Peninsular War," for the sake of more widely spread ing such a tribute of respect to the memory of a gal lant but unfortunate gentleman, who, after weathering a six years' storm of French bullets, has at last sunk into an early grave, under the official insults and contemptu ous injustice of two membersof the South Australian Com pany, men who appear to be as little able to comprehend as they are to appreciate genuine zeal, or talent, or in tegrity in a public officer, and whose account with Colonel Light would have been long since balanced, bad not his contemplated return to England for that purpose been stopped by a more awful summons to a more awful reckoning. But this is one of many in stances where the self-government of a public body may be vitiated by its own indolence, which often allows one or two individuals to assume the undivided control of its councils. H. E. V. (From the " History of the Peninsular War," vol. p. 614.) " Soules march through the deep sandy plain of Ger was harassing, and would have been dangerous, if Lord Wellington had sent Hill's cavalry, now reinforced by two regiments of heavy dragoons, in pursuit ; but the country was unfavourable for quick observation, and the French covered their movements with rear-guards, whose real numbers it was difficult to ascertain. " One of these bodies was posted on a hill, the end of which abutted on the highroad, the slope being clothed with trees, and defended by skirmishers. Lord Wellington was desirous to know whether a large or a small force thus barred his way, but all who endea voured to ascertain the fact were stopped by the fire of the enemy. `• At fast Captain William Light, distinguished by the variety of his attainments ; an artist, musician, me chanist, seaman, and soldier, made the trial. He rode forward as if he would force his way through the French skirmishers, but, when in the wood, dropped his reins and leaned back as if badly wounded ; his horse ap peared to canter wildly along the front of the enemy's light troops, and they thinking him mortally hurt ceased their fire, and took no further notice. Ho then passed unobserved through the wood to the other side of the hill, where there were no skirmishers, and ascending to the open summit above, put spurs to his horse, and gal loped along the French main line, counting their regi ments as he passed. His sudden appearance, his blue undress, his daring confidence, and his speed, made the French doubt if he was au enemy, and a few shots only were discharged, while he, dashing down the opposite de clivity, broke from the rear through the very skirmishers whose fire he had first essayed in front. Reaching the spot where Lord Wellington stood, he told him there were but five battalions on the hill." COURT OF COMMON COUNCIL Yesterday a Court WAS held for the dispatch o a great deal of public busine.;s. THE FREEDOM OF THE CITY PRESENTED TO LORD SEATON. To wield authority in a country disorganised by domestic feuds, and distracted by the jealousies of rival races, required a combination of military and statesman like qualities not often comprehended within the grasp of a single mind. " To - the exigencies which the Government of the Canadas created, your Lordship proved yourself fully equal. By undeviating impartiality and unbending, firmness you inspired confidence in the peaceful inhabi tants of those colonies, and for years kept in check the factious disturbers of their tranquillity. And whe❑ at length the designing agitators, in concert with despe rate adventurers from a neighbouring State, succeeded in fanning into open revolt the dying embers of dissatis faction, the enthusiastic loyalty of the volunteers and militia of those provinces, rallying under the standard of your high military renown, enabled you, under Pro vidence, speedily to extinguish rebellion, and to become the honoured instrument in preserving those valuable colonies to the British Crown "—(Loud cheers.) Lieutenant-General Lord SEATON then addressed the Court in the following manner : " MY LORD 111AvoR,—I beg to offer my grateful acknowledgments and thanks for the honour which your Lordship and the Corporation of London have deemed me worthy to receive, and for the expression of the very favourable opinion of my conduct recorded in the vote conferring on me the freedom of this ancient "- Your Lordship has done me great honour to refer to my military services while serving in the armies corn-. mended by that great man, and great captain, the Duke of Wellington, under whose orders I had the good for-. tune to be placed, and to the affairs of Canada, during my administration of the Government of that Colony. " I feel much indebted to your Lordship for the terms in which you have mentioned my humble services. " Through the whole of my long residence in that colony I was firmly supported by a large portion of its inhabitants ; and to their loyalty, and exertions, and determination to uphold the institutions of the mother country, is to be attributed, under Divine Providence, whatever benefit the Provinces have derived from my endeavours to promote their welfare and prosperity. " I trust that the attention of the City of London will be closely directed to the value of the North Ame rican Colonies, their vast resources, fertile soil, and com mercial advantages. " I again return my thanks for the mark of appro bation and the high distinction it confers upon 111.a. " ---- (Much cheering.) The Noble Lord, who was accompanied by Colonel Moore and Colonel Chichester, afterwards left the Court amidst the cheers of the Members, THE ROYAL EXCHANGE. Mr. Cockerell, one of the competitors for the en gagement to build the Royal Exchange, appeared at the bar, and presented a petition which was read at length. He then addressed the meeting at considerable length, and called upon the Court to deliberate maturely before they came to a decision on a subject of so much im portance. Mr. HEPPEL, who presented the petition, moved that it should be referred to the City side of the Royal Ex change Committee, and that Mr. Tite should be in structed to propose a model. The Court ought not to look to the interest of competitors, but to the great object of having an edifice worthy of the City of Lon don. If, as had been stated, a model was the best sort of evidence, it would be judicious to call upon Mr. Tite to prepare one. For his part, he should like to be sup plied with the testimony of models as well as of draw ings.—(Hear.) An amendment was moved by Mr. JONES, when the motion of Mr. Heppel was rejected by a very great majority, and Mr. Jones's motion to agree with the re port approving of Mr. Tite's plan was adopted. POLITICAL OFFENDERS. (CHESTER GAOL.) 1•ETITION OF PRISONERS NOW CONFINED IN TIIE CASTLE GAOL OF CHESTER. The humble Petition of the undersigned Prisoners, who are now confined in the Castle Gaol of the county of Chester, Most humbly showeth, That your petitioners have been sentenced to various terms of imprisonment, of from twelve to eighteen ca lendar months each, and in every instance to procure heavy bail to keep the peace, for having, as alleged on our trials, committed certain political offences ; and your petitioners consider they have great reason to complain of their present treatment, inasmuch as, al though no single individual was even charged by the prosecutors with having even a tempted to injure either the person or property of any man or set of men, yet they are compelled, in almost every instance, to subsist on a dietary wholly unfit and quite insufficient to sup port any person in possession of health. That your petitioners are only allowed one pound of coarse bread per diem, with two quarts of meal-gruel, or skilly, and for dinner one pound of potatoes, and two ounces of salt per week ; while those persons who have been or may he convicted of felony or misdemea nour, are supplied with animal food twice every week. I Your p e ti t i oners comp l a i n that, while those who are on the debtors' side of the prison are permitted to re main out of their cells until nine o'clock in the evening, your petitioners are locked up for eleven consecutive hours every night. or from seven o'clock in the even ing until six o'clock in the morning ; and during one half of the year, or the winter season, for thirteen hours out of every twenty•four ; an arrangement which many of them find, after eight months' experience, to be prejudicial to their health and personal well-being. Your petitioners also complain of the severe restric tions under which they are permitted to correspond with their families and friends, as an order now exists on the books which prohibits them from holding commu nication with any person more than once a week ; and even then, if your petitioners' letters contain any politi cal remark or allusion, they are neither forwarded nor returned for correction, but withheld, in direct viola tion of the printed rules of and for the regulation of the gaol ; a practice which, if carried out, will be wholly subversive of all family arrangements and interests, and which entirely prevents all correspondence with the press, and takes away any advantage a literary charac ter may possess from the exercise of his abilities, and prevents any one from sending to to the best market the productions of his genius ; and thus deprives him of the power of providing for those who naturally look to him for support, contrary to all rule and precedent hitherto established. Your petitioners are not permitted to have any books or newspapers for reference, study, or perusal, but such as the Visiting Magistrates (however sectarian) may approve of, and they are generally several weeks in de ciding which books are admissible : thus all advantages to your petitioners are lost, even when concessions be made ; neither are they allowed to purchase or have any newspaper, except the London l'imcs, a daily paper, which is wholly opposed to their views, and which a majority of them are too poor to purchase. Your petitioners then pray your Honourable House to take their case, and those of all other political pri soners throughout the land, into your most serious con sideration, with a view to make such arrangements as will in future secure to your petitioners, and all others who may in future be charged with political offences, a sufficiency of nutritious and wholesome food ; as, not withstanding the permission of the Visiting Magistrates to purchase necessaries in addition to the prison allow ance, your petitioners are already too poor to take ad vantage of this benevolent offer ; which circumstance may be easily proved from the following fact, that while, with two exceptions, they are all of the operative class, one of their families (that of John Wright, late of Stockport) is now actually located in a Union workhouse in the parish of Holden, in the West Riding of the county of York ; while he, in the last stage of infirmity, ;.nd now lying in the hospital, is sentenced to be imprisoned fo. twelve calendar months in this gaol. Your petitioners then pray you to take such steps as will protect inviolate their correspondence, and insur e them the use of whatever books and newspapers they may require, with permission to retire for the night with the debtors. And your petitioners, as in duty bound, will ever pray, P. M. WDOUALL. JOHN LIVSEY. GEORGE WAREHAM, &c. &e. Ste. R EVISION OF RAILAVAYS.—Lord Seymour on Wednesday entered upon the Commons books a notice that, June 2, h e would move for leave to b r i ng i n a Bil l to establisl; a superintendence of railways'. Lord SEATON appeared in the Court immediately after it was formed, for the purpose of receiving the freedom of the City, agreeably to the resolutions of the 26th of February and the 3d of April. The Members appeared in their gowns upon the occasion, and the reception of his Lordship was enthusiastic. Sir James Shaw, the Chamberlain of the City of London, havii g sworn Lord Seaton, the LORD MAYOR addressed his Lordship in the following words : " My LORD SEATON—The vote of the Corporation of London, which I have just read, conferring upon your Lordship the freedom of this ancient City, expresses, though briefly, yet in terms so appropriate, the high estimation in which your services are held by a grateful country, that I am fearful, lest, in adding to the expres sion, I should impair its force. " I cannot, however, deny myself the gratification of slightly glancing at a few of the events which have dis tinguished your equally brilliant and useful career. Having dev,•ted your early years to the profession of arms, it has been your good fortune to serve your country in one of the most eventful periods of her his tory. In the glorious achievements of the Peninsular War and the crowning victory of Waterloo, you bore a distinguished part under the illustrious Commander, whose penetrating judgment selected your Lordship in after years to represent your Sovereign in the Govern ment of one of the most important Dependencies of the British Empire. REFUGE HA RBOURS. It will be recollected 1)3 7 most of our readers that during the last Session of Parliament, on the motion of Mr. Rice, M.P. for Dover, a Committee to inquire into the state of the harbours on the south-eastern coast, by the House of Commons, was granted ; and that subsequently an Admiralty Commission, consist ing of Rear-Admiral Sir James Gordon, Lieutenant- Colonel Thompson, Royal Engineers ; Captain Vidal, R.N. ; Captain Drew ; Messrs. Walker and Cubitt, Civil Engineers ; and Mr. Clifton, of the Admiralty, was appointed to survey this coast from the Thames to Selsea Bill, with the view of fixing on the sites for the construction of harbours to be used at all times as ports of refuge, and as stations for Govern ment steamers in case of war. This Commission, in con formity to their instructions, set out in her Majesty's steamer Fearless, Lieutenant Baker, in the early part of August last, and, after a laborious survey, during which they visited Margate, Broadstairs, Ramsgate, Sandwich, Deal, Dover, Folkestone, Hythe, Dunge ness, Rye, Hastings, and other ports, and obtained all possible evidence to the capabilities of these places, they have, we are credible assured, come to an unanimous determination in recommending the ancient port of Dover as one of the most eligible points for the erection of such a harbour. There arc, we also understand, one or two other places in the Channel, to be recom• mended as fitting sites for refuge harbours ; but as, among these, on various accounts, Dover puts forth, perhaps, superior claims to be first noticed, we shall confine our present remarks principally to that port. From the earliest periods of our history the national inaportanco of Dover Harbour has been generally ad mitted and appreci a t e d, if we may judge by the many special Acts of Parliament regarding it, that have been passed under various Monarchs ; and, it we are well informed, measures are about to be taken, under our present Sovereign Lady Victoria, that, in point of extent and utility, will very far eclipse them all, as well as reflect lustre on her Liberal Government, and, in deed, on the enlightened age in which we live. This is as it should be, for independent of its important posi tion as the key to the continent, and independent of its capabilities for a refuge port, Dover Harbour may to all intents and purposes be viewed as national property, in asmuch as the whole mercantile navy of the kingdom contributes towards its maintenance. Any one on visiting Dover cannot fail to be struck with the local advantages it holds out for the formation of a port of shelter for our shipping, either from the war of ele ments, or from that of hostile fleets. Here the majes tic chalky cliffs which stand boldly forward as a breast work to the kingdom, actually part asunder, and form a most inviting haven ; and, in short, Dame Nature, as it were, throws open her arms to the reception of the way-worn mariner and his tempest-tossed barque, whilst the beautiful and capacious bay between pre sents an extent of anchorage, on which a whole fleet of the largest class of ships might, in perfect safety, ride out the most boisterous gale. And farther, these na tural advantages are much strengthened by the town and harbour being flanked and covered by the protec tion of the first batteries in the kingdom ; namely, those of the Redoubt and the Grand Citadel on the right, whilst a range of martello towers stretches on either side along the whole line of coast. In support of the position we have taken in regard to Dover, let us quote a single passage from a memorial presented by the famed Sir Walter Raleigh to Queen Elizabeth on the same subject :—" No promontory," says this document, " town, or haven, in Christendom, is so placed by nature and situation, both to gratify friends an d anno y en emies, as this town of D over , situated on a promontory next fronting a puissant foreign Ki ng , an d i n th e ver y straight passage and in tercourse of almost all the shipping in Christendom. And if that our renowned ring (Hoary Bth), your Majesty's father, found how necessary it was to make a haven at Dover (when Sandwich, Rye, Camber, and others, were good havens, and Calais also was then in his possession), and yet spared not to bestow, of his treasure, so great a mass, in building that pier, which then secured a probable means to perform the same ; how much more is the same now needful, or rather of inecessity (th ose goo d h avens b e i ng extremely decayed), o safe harbour being left in all the coast almost, be tween Portsmouth and Yarmouth. Seeing, then, it bath pleased God to give unto this ,realm such a situa• tion for a port and town as all Christendom bath not the like, and endowed the same with all commodities by land and sea th at can b e wished, to make the harbou r allureth in tercourse, and m a i n t a i n i n h a bi tants ; and that the same once perform e d must b e advantageous to the revenue, and augment the welfare andriches of the realm in general ; and both needful and necessary, as well for the securing an d protect i ng friends as annoying and offending enemies, both in war and peace ; me- PRICE OF SUGAR. EFFECT OF MONOPOLY. Table sh•wing the ex-duty price of West India Sugar in Mincing-lane, and comparing the same against that of foreign Sugars:— London, May 22, 1840. The Gazette of this evening will quote the average price of British Plantation Muscovado Per Cwt. Sugar, exclusive of duty, at The actual quantity of West India Sugar sold on account of the importers, in the week ending the 19th instant, ac cording to the returns made upon oath by the West India Sugar Brokers, in conformity with the Act of Par liament, and on which quantity the above price is com puted, consisted of 403 hhds. 11 trs. and 1 brl. The amount of duty paid on about 900 hhds. of West India Sugar, at the Custom house of this port, from the Bth to the 14th of May, both days inclusive, was 16,8001. Manilla Sugars raised by free labour are worth this week from 19s. to 225. per cwt., and are, consequently, about 235. per cwt. cheaper than West India Sugar, if the charges of freight and management, namely, Os. per cwt., are deducted from both descriptions ; the net value of the Sugar prior to shipment is in the Manilla, on an average los. 6d. per cwt., and in the West Indies 355. 9d. per cwt., clearly demonstrating that the Sugar monopoly in sures to the British Colonists a price exceeding by 350 per cent, that obtained in the Foreign Markets by their Manilla competitors ; being, of course, just so much money abstracted from the Sugar consumers of this country. UNION Oi; THE SECESSION AND RELIEF CHURCHES. The following communication has been sent to the va. lions Sessions in Paisley last week, on the subject cf union : Paisley, 30th April, 1840. Respected Brethren—At a meeting of elders and dea cons belonging to the Secession and Relief Churches in Paisley, held in the Secession Hall, Abbey-close, on the evening of Tuesday, the 28th instant, Provost Drummond in the Chair; After devotional exercises (conducted by Bailie Hart), the Committee formerly appointed submitted the following resolutions, which were adopted by the meeting : Resolved, First--That this meeting agree in thinking that no essential difference does exist between the Relief and Secession Churches, so as to form any ground of se paration ; and, therefore, we hereby recommend that a union of these Churches should take place, on the under standing that any difference of sentiment existing between them shall be held as a matter of forbearance. Resolved, Secondly —That the present circumstances of the Church of Christ render it necessary that this union should be effected as speedily as possible, and, therefore, recommend to the various sessions in town (if they Flail see cause) to bring the matter of union betoro their re spective congregations, for their consideration, and like wise that they give the subject all the support in their power, and report to a future meeting. Resolved, Thirdly—That a copy of these resolutions be transmitted to the Sessions in town, and thereafter published in the Secession, Relief andand Voluntary Church Magazines. JAMES DRUMMOND, Chairman. WILLIAM MELVIN, Secretary. RS. MABERLY'S NOVEL.—Great curiosity is excited in the world of fashion by the announcement , of a novel by Airs. Moberly, entitled " ily or the C It i g o s h e e t r i s ' The, f iifo positiongiven g Mrs. ol d e iV o i a ' be rly opportunitiesoccu Countess t e i f ( a t s lo b t kb h o d e - f g ivn.,a g i(sni e i s (taienra o ds f c(:li o y i s i e t r h va e t r io p n e , rso a n n a d ti s e v n h s il a e fe d ‘ e v p o ie f ti t i h ig ese the lai his wife profligate rfe ‘ on g tflit o iri o egi t ea l siteat s it o ,i,sr c s sno e t—r t . y eaa marhiliattnsihge3ns,loivrit(ea),:rns(tia;:nr;touhi them rumour, far omittedmarks for t o ti e H m s es b hea d o ' —a noble heiress, and her profligate guardian, and his b ; r l- a l equally t t e e r d f: sporting nobl eman — are sa id to be amon g s t the othe r r idi cu l es , preeieux PATRONISEDv‘•h o figurei BY 7'IIIs ROYAL FA MIL Y. The following eminent authorities have examined, and recom mended the Patent Amber Spectacles of Mr. E. Solomons, Nos. 36, Old Bond-street, and 1, Old Jewry, City. They pos sess considerable advantages over the ordinary glasses, are lighter in construction, and convey a beautiful coolness to weak or in fla med eyes —are invaluable a ss istants to persons reading , writ ing, &c. by day, or lamps and other strong lights at night ; they preserve vision to extreme old a ge :—Sir Benjamin C. Brodie, Bart., F.ll. S. ; Sir Anthony Carlisle, F. It. S. ; Sir James E. Anderson, M. D., New Burlington - street ; Dr. James Johnson, Suffolk-place ; * C - . Aston Key , Esq , St. Helen's place s Martin Ware, Esq , New Bridge-street • Bransby B. Cooper, E s q., F. H. S., Surgeon ' to Guy's Hospital, New-street, Spring-gardens ; W. Coulson, Esq., Frederick-place, Old Jewry; J. G. Andrews, Esq., Senior Surgeon to the London Hospital, St. Helen's-place; Dr. Conquest, Finsbury-square; John Scott, Esq., New Broad-street; E. W. Dutlin, Esq., Langham-place ; J. Copland, Esq. M. D., F. R. S. , Bulstrode street, Manchest er - square. M r . E. Solomons' Voice Conduc tors are worn unperceived, as they measure only one quarter of an inch in diameter. By their use musical sou nds, and the lowest whisp er b rea th e d at a public assembly, vibrate on the or gans of hearing in such a pleasant manner as to afford instant relief to all persons labouring ander the distressing ailment of h d i e: E fn s etsasbshml deafness. ilr e . n E ts . , S No . r b . e l in , g o t ld ot jalellyyryun,connected with parties of a similar name, the above inventions can only be p rocured at City, street, Piccadilly. MONEY LETTERS.—It may be well :0 Old put Bo b: public o n their guard against the impropri et y of forwardin g and 36 t nd bank not es by post, without adopting the precaution of cutting them in halves, and not remitting the corresponding halves unless the writer be advised of the receipt of the former one by his correspondent. In consequence of that plan not being by D E A S I r r . Cooke, ‘ vA R of N I Patrick-street, r . ik - s A tre e t, Cork. few attended to, tw en t y poun d s h ave b e en lost within th e last three wee days ago the followin g p o lit e no t e was sen t to th e manager of a collier y no t twenty miles from Clackmannan. It is as follows : " Sir, all my three children is working in the work, an d a have no fire to mak their meat, and, Sir, you must give me some Fire Coal to mak th e ir meat, or else a most stet them , b ut this is to let you know before a dooso."— Stirling Journ al. k i s, la THE POWER-LOOM WE AVERS.—The dispute between the power-loom weavers and manufacturers of Stock port is yet undecided, and the greatest privations are felt by some of the operatives, notwithstanding which they still appear determined to resist the proposed reduction. They continue to meet and parade the principal streets of the town in the most orderly manner, some of them carrying small banners, on which are inscribed—" The Weavers struggle for 40,000/. a year"— . Cursed be he that opposeth the poor," Sze. Some few have returned to work at the reduced price, but they are generally hooted, and occasionally assaulted through the streets, by per sons piqueting the mills.-Manchester Guardian. LAW INTELLIGENCE. COURT OF EXCHEQUER, illAr 21. (Sittings in Error.) VALIDITY OF THE CHARTER OF TIIE MANCHESTER CORN. RATION. RUTTER V. CHAPMAN. ( Continued from The Sun of yesterday.) The ATTORNEY-GENERAL then spoke in defence of the charter, going at great detail into all the points of objec tion which had been stated by Mr. Creswell. He said it was admitted on the record that the councillors had been elected in conformity with the Charter and the Act. The plea also stated the appointment of the Quarter Sessions, Mr. Justice PATTESON said the plea was that it was ac cepted by the inhabitants of the district, and the traverse that it was not accepted by the inhabitants of the borough. The ATTORNEY. GENERAL said the word "borough" meant the municipal borough, and it not being able to be denied the charter was accepted by the borough it was struck out of the replication. All the plea had to do on the part' of the defendant was to state th a t t h e inhabi tants of Manchester accepted it, The petition on which the charter was granted was the petition of the inhabitants of Manchester, and, except the counter petition, there was no evidence adduced on the part of the plaintiff, and on this by the sth and 6th Wm. 4, there was nothing to prevent a charter being granted on the petition. That an advertisement was is. sued, and a public meeting held, was evidence for the Jury. Evidence was given of the :requisition, the ad vertisement, the meeting being held, and that all the rate. payers who chose had access to the meeting—that a reso lution was agreed to after discussion; by a large majority, that a petition should be presented for a charter for the said borough, and ether resolutions were adopted—that a Com mittee should be appointed to frame the petition. This was evidence which no Jury could hesitate to accept. It then went on to aver that a petition was presented, and that petition was duly presented to her Majesty, and by her Majesty referred to her Privy Council, and a charter being granted, was accepted by the said inhabitants. Now what evidence was adduced on the part of the plain. tiff to show that her Majesty had not power to grant the charter ? that after the presentation of the said peti tion a counter-petition was presented, praying her Majesty not to grant the said charter. This counter-petition was not signed by a majority of the inhabitant householders, yet it was averred the Crown had not this power. His Learned Friend said there was to be a very rigid construction in this case, and that he should consider the sth and 6th Wm. I V. as a sort of penal statute. It was convenient for his Learned Friend to prefer that system, but their Lordships were sitting to construe an Act of Parliament, and would desire to know what were the intentions of the Legislature. The fallacy of his Learned Friend's argument was that this charter was granted under the sth and 6th William, and Ist and 2d Victoria ; but the Crown had the power without these Acts, though not of imposing, by the provisions of the charter, a borough-rate on the inhabitants. Instead of being a penal statute, lie said this was a remedial statute, and he appre hended their Lordships would desire to give every effect to the intentions of the Legislature, and he called upon them to put a Liberal construction upon this Act of Par liament. He now came to the exception to the Charter —the only one being that the Crown had not the power of granting it in consequence of the counter petition. The direction given by Mr. Baron Maule to the Jury was, that he was of opinion, notwithstanding the counter peti tion, her Majesty, by the advice of the Privy Council, had the power of granting this charter. Then the exception was, this ought not to have been left to the Jury, that nothing ought to have been left to the Jury, and that a complete point of law had been made out for the plain tiff's case. But this counter petition, though con taining a majority of signatures, did not con tain a majority of signatures of inhabitant house holders. The Crown had, by Common Law, the power of granting a charter, and the statute only conferred the power which did not belong to it by Common Law of extending to the inhabitants of the borough all the powers conferred by the statute. What proof was there such a counter petition prevented the Crown from exercising the power granted by this statute ? It would be idle to con tend that one more signature in the counter petition would take away the power, because at the time the petition was presented it might have been signed by the majority; but between the presentation of the petition and the counter petition there might have been a great influx of inhabi. tants, and whether the latter contained one more or a hundred more than the former mattered not ; the petition contained a majority of signatures of the inhabitant house. holders at the time of its presentation. If it were not to be a majority of inhabitant 'householders were women, or minors, or convicts to sign? He did not think their Lordships would put a construction on the sta tute leading to such consequences. It must be proved to the Privy Council by law, that the petition contained a bona fide majority of signatures of inhabitants and house holders, and upon their responsibility they would have to advise the Crown. A good deal of what his Learned Friend had said might be urged with more effect, if he should move an impeachment of Lord John Russell. The second condition required by the statute was a petition of a majority of the inhabitant-householders; this gave the Privy Council jurisdiction, and then the Privy Council had upon their responsibility to advise the Crown. Un less the Privy Council were to decide what would happen, he would suppose two petitions came up the same day, either equally signed, or one of them having a majority, a majority of three. How were they to know if theso petitions were genuine, and must they institute a scrutiny? This seemed to him doubtful, whether a majority was necessary for the existence of the charter; the authorities were doubtful. But at all events, it was not necessary a majority should join in accepting it. After citing several cases, the Learned Gent. said it was clear that if there were a public meeting, the majority of such meeting bound the remainder of those who might have attended. That was laid down in cases where Churchwardens themselves had made rates, they being the only parties who attended the vestry after due notice of the holding of the vestry had been given. In this case the Charter had been granted, and acted upon for a num. her of years. It had never been repudiated by any public meeting. The charter was granted upon petition, upon advice from the Privy Council, granted by the Crown, and accepted by those to whom it was directed. It was then, to all intents and purposes, a valid charter, and he con tended that it was much too late for any one to object that the petition was not numerously signed. The petition was agreed upon at a public meeting, where a majo rity passed the resolution upon which it was founded, that gave the Privy Council jurisdiction ; and he contended that that jurisdiction having been put in motion, its act was a valid one. Let the matter be pursued to the bottom and the grant of Quarter Sessions must be void, for to obtain a Quarter Sessions there must be a Town Council, and how could there be a Town Council if there was no Cor poration, and there could be no Corporation without a valid charter ? The Quarter Sessions for Manchester had acted in their capacity, and if the arguments of his Learned Friend were to prevail all its acts must be void. If such a case was at all one to come before a jury, let him suppose that it was alleged that some thousands of the signatures to the petition were forgeries, they must call witnesses to prove the handwriting—then witnesses on the other side-- which was too absurd an argument to stand for a moment. It was clear that the Legislature never intended that a charter properly granted and accepted should ever be ques tioned through the means of what was done under it before a jury. He had now finished that part of the case, and, as the hour was late, probably their Lordships would then ad journ the bearing of the case, as ho could not well com press what he had yet to address to their Lordships into such a compass as would enable him to finish in anything like a reasonable hour, although he promised he would oc cupy as little time as possible. Adjourned till to-morrow (this day.) CASE OF MURDER. lIIGII COURT OP JUSTICIARY--EDINBURGIL James Dalrymple was placed at the bar, charged with the murder of Donald Fraser, a labourer, by dis charging a loaded gun or fowling-piece at the deceased on the evening of Sunday, 23d February, 1840, on the road leading from Linlithgow to Queensferry, by the Burghmuir and Hopetoun Wood toll-bars, in the county or Linlithgow. Robert Ross, labourer, was at work on the Edinburgh and Glasgow Railway in February last. Was in com pany with six or seven others on the evening of Sun day, 23d February, and, while returning from Philips town to Linlithgow, passed a place called Champany about the gloaming. He and two others were in front, and, when passing the house where the prisoner resided, a dog began to bark. He went towards the dog with the intention of striking it, when a man issued from the house, who was afterwards joined by his brother, Alexander Fraser. One of witness's companions struck the man who came from the house, who thereupon cried to his brother, " Jamie, Jamie, fetch out the gun." The witness did not attempt to strike either of the men. 'When the rest of his companions came up, he said that they had better make off, as a gun was to be brought, upon which they all ran away towards Linlithgow. They got as far as Burghmuir Toll-bar ; and as they were going through the toll-bar they heard a noise as if a stone or stick had been thrown at the door or shutters of the toll-house. On hearing the noise they stopped. Donald Fraser was with the witness. He then heard the report of a gun cap at the toll-bar. At this time saw a number of people coming up, and among them some women, who were endeavouring to keep the men back. A little after this a shot was tired ; but before the witness heard the shot he did not perceive anybody struck. Donald Fraser was in the middle of the road, and witness was about a foot frcm him. When the gun was fired Donald Fraser fell down, and seemed to be dead. When lifting up Fraser two men came up with sticks and struck witness on the head, upo❑ which he let Fraser down. On going towards the toll-bar he observed the tollma n with a pistol in his hand, and said, " You are, probably, the man who shot Fraser." Witness seized hold of him, and told him he must go with him to Lin lithgow. Whenever witness's companions heard the shot they ran off ; but in coming back they assisted witness in lifting Donald Fraser. Two witnesses stated that they saw the prisoner fire the gun in the direction of deceased, and one of them saw him fall immediately after the shot. Several witnesses gave the prisoner an excellent cha rActer. Sir Jam es D a l ye il was a l so ca ll ed, and said that the prisoner's family had resided on his estate about 000 years, and th a t h e h a d never b eard anything against the prisoner's character, but quite the contrary. Lord AfEADOWBANK, the pre s idi ng Judge, having summed up the evidence, The Jury retired, and after some consultation, re turned a verdict, finding the prisoner guilty 118 libelled, by a m a j or i ty o f n i ne to s i x ; b ut unan i mo usly, and in the strongest manner, recommend:ng him to the mercy of the Crown. The Court then stated that flair request would be 14, 1 VENIN(4 I!: WTI OS forwarded to the proper quarter, and, addressing the prisoner, sentenced him to be executed at Linlithgow on the 3 I of June, between the hours of eight and ten SPURTING INTELLIGENCE. THE HERBY. 3 to 1 agst Mr. Etwall's Meloly colt—taken 4 to 1 agst Scott's lot 7 to 1 agst Assassin—taken 7 to 1 agst Launcelot 7 to 1 agst Theon—take 6 to 1 18 to I agst Pathfinder—taken 25 to 1 agst Bokhara—taken 25 to 1 agst Confederate—taken 30 to 1 agst Black Bess 33 to 1 agst Osbaldeston's lot—taken 35 to 1 agst Cormorant—taken 35 to I agst Scutari 40 to 1 agst Gambia 40 to 1 agst Monops—taken 40 to 1 against Prince Albert—taken. 50 to 1 agst Maroon THE OAKS. 2 to I agst Crucifix 8 to I agst 131ack Bess THE MARKETS.-.(YESTERDAY.) COUNTRY CORN MARKETS, Wheat. i Barley. Oats. I Beans. . reaje. a . i „ si. Per quarter . S. to s. B. to is. ?8 , to s, a. to 0 . ..,,.." -- 43 B‘ston - 42 Braintree = v 6 2. . 76t1 .32.11 ;24 22 f V 4 .; 4 444 9 2 Chichester 65 72 38 44 28 29 43 D 42 4 2 unmow - -... Grantham ..., 'lB 70 28 35 20 30 40 ... Grimsby 5B 70135 39 22 26 42 44 ••• 41) Hailsham 6B 72 26 32 22 29 —. 46 .-- .... flitchin 64 70 32 44 24 33 25 3 0 '''' 42 ' Ipswich 62 70 36 32 i 24 25 38 40 33 ..... Lewes 6 l' 74 43 22 28 34 40 46 Lynn 66 72 32 31 24 30 42 44 42 .... Maidstone SO 76 36 39 26 32 40 50 """ 44 Norwich Petworth Roni ford Sandwich 56 77 at 43 27 34 33 45 38 4 44 Thetford —• Wisbech ~0 Witham 65 75 32 40 20 33 36 40 3t , r e Yarmouth 62 70 33 35 28 32 38 40 40 ' LIVERPOOL CORN MARKET.—May 19. WHEAT, English, White, per 701 b. -- Red --. Scotch, Welch, and Manx Irish, White -- Red --- Foreign OATS, English, Welsh, and Scotch, per 451 b. 10 .3,5,68 9. Us t 3 33,39 1. to 11 1 46 !L 411)3 ( d. 4 0 4 1 Irish ... ... 0 0 o n a Foreign BARLEY, English, Malting, per Imp. quarter 3/ 0 41 ... ----. Scotch and Irish, per tiUlbs Feeding 52 ''' . 3 6 3 BEANS, English, per Imperial quarter 47 0 Irish, &c Foreign 0 PEASE, English, per Imp e ri a l quar t er 044 0 4 6 Foreign flouit, English, per 2.801 b. 54 0 51 r __. Irish - OATMEAL, English and Irish, per 2401bs S4 0 39 : INDIAN Cogs, pc r 4801 b. .... 3B 0 40 a RYE, per Imperial q uart er 4 0 39 ° MALT, per Imperial quarter HULL CORN MARKET Wheat, White (per Quarter) Red 5llO 64/s. 645. Foreign 528. tiOs. 64 6 . Barley, Malting 32s. 345. 33L Grinding Oats, British Foreign (in bond) - 9. '-'. Bcans 4os 425. 445. Pease, Grey Blue and White _ L ....5. -". Linseed 39s, 405. 435. Flour (per sack) _s. 445. stios Rapeseed (per 10 quarters) 221. 241.251• CHELTENHAM MARKETS. e, tO di Per Bushel. e. d. to s. d • Per lb. 7 Wheat 9 arley 4 4 5 0 Mutt o n ....... ... ..... ...... 6 ' 6 d Oats 4 6 5 0 Veal ... ..... 7 6 Beans .. 5 1 6 0 P ork 10 Pease Hay 3/.los. to 41. 10s. Od. per ton. CANTERBURY MARKET. Wheat, white.-- 70s. to 77i. 01d.......••• ...1 . t° _s' Barley, Malting rc‘l-...- _.....- 3 6 8 5 8 5. . Oats -.----. .2;?s. to 325. Old_.---.. -s• to -- Beans --28 s to 4es. Old--...--. 435. to t 0 0 0 4 7 ( 14 . . ,--. Grinding.. _68 8 5 . . to t ....s. --ii. Pease .............----. 38s. to -s. Grey ....w 405. toes. CHELMSFORD M.RKET. 29 Wheat, White 7•to :7 Oats Red Barley Chevalier '39 41 Beans, Tick ............. ... 40 Grinding to 35 46 46 46 PLATE SUITED FOR I'ItESENTATiv i m ply Committees or private individuals requiring splendid 1 0 vg a articles of PLATE for presentation, may, by addre b t. paid letter as under, have drawings sent for their approv a , to be la desirable letters should state about the sum intend expended. expended. T. CO Silversmith, & c ., 47, Cornhi X ll ( seven VORY, doors from Graceciallreli° itrect), Idrla. ices of N.B. A Pamphl e t, containing a detailed list of tbe P i r ra tio, Plate, Plat e d G oo d s, W atches, Clocks, &c., may be bad or will b e f orwar d e d , post free, in answer to a post-p," "" cation. BIRTHS. Onthe l .c i l edc th i inst., at Falmouth the lady of W. Carsta ir9, Bombay Esq.' Medical Service, of a daughter. On the 15th h is t , the lady of J. J. Ormsby, Esq . ' 0f Lit)- • coln's-i he nn, of a son. On t 16th in t., the lady of J. SLwyer, Fsq , of 13) , " 121/e ' Ch On eapsitle, of a daughter. ogg W the 16 th inst., at Oran e- r ve - New-cross, Mrs. •• • Cormack, of a son. St r utt, On the 20th i ns t., i n S o uth-str t ot, tl et lady of E . Esq., M.P., of asst . son , . H I f On the 20th at Burgate Hot se, Hants, the la .Y ° Brymer, Esq., of a son. MARRIED. On the 19th inst., at Nayland, Suffolk, T. H. Fenn , E: t i t ; ; surgeon, of Rushall Cottage, Wilts, to Maria, youngest d„ } , tau„ the late G. Alston, Esq., of the same place. On the 19th inst., at Presteigne, the Rev. M. Beebee, Vic of ar, of Alston-moor, Cumberland, to Mary Matilda, only daughter D. James, Esq., of Presteigze. On the 19th inst., at Clifton , the Rev. W. Williams, M. A. of Lyford, perks, to Jane, youngest daughter of the late J. Y• Fownes, Esq., of Plymouth. On the 21st inst., at St. Martin's-in-the-fields, G. Mackay' Esq., of Park-lane, to Christina, eldest daughter of D. Mac kenzie, Esq., of Cecil-street, Strand. DIED. On the 17th inst., at Wivenhoe, Mary Anna Havens, eldest daughter of P. Ilavens, Esq., aged 4'). On the 17th inst., at Limerick, George Frederick, son of G. F. Hardy, Esq., aged 13 months. On the 17th inst., at Knockholt, near Sevenoals, Rear-Ad miral W. Ricketts, aged 68. London: Printed and Published by MIJRDO YOUN G f f No. 112, Strand, at The Sun (Ace, No. 110, Straw, i° the county o f 11; iddlelex.—Friday, May 22, 1810. TATTERSALL'g--YESTERDAY. Owing to the :Newmarket Aleeting the room was thinly atj teneed, and the betting by no means brisk. NEWMARKET SECOND SPRING MEETING • FURTHER PARTICULARS OE WEDNESDAY ' S RACES. Plate.—Teleta made play to the T. Y. C. post, where Mer . dizabal headed h er , an d rema i ne d i n f ront to t h e b us hes ; tl filly the n rosurned her lead, kept it to the end, and won clove' y by a length. Suffolk Stak es . —St am b ou l ma d et h e runn i ng to th e bushes, where Ki ng o f th e P ea k an d Belshazzar filly singled them selves out and made a fine race, the horse, which always had a little the best o f it, w i nn i ng b y a h ea d, b ut not w i t h ou t the aid of whipcord. DERBY BETTINa. 5 to 2 agst Melody colt. 5 to 1 agst Launcelot. 6 to 1 agst Theon. 7 to 1 agst Assassin. 23 to 1 agst Confederate. 40 to 1 agst Monops. 50 to 1 agst Aluley Ishmael. The weather was unfavourable, a cold northerly wind hay ing been succeeded immediately after the last race by a heavy shower. The attendance was more numerous than on Tuesday, an d , included, be s id es th e f as hi ona bl es mentioned in our last, Lori, John Manners, Lord Somerset, and Sir Henry Mildmay. CHANTILLY RACES.—SEcoNn DAY, MAY 15. , For the Aumale Prize, of 1, 0 50 f., the Duke of Orleans Dudu walked over the course, all the other horses having been withdrawn. In the race for the 5,000 f., given by the Administration der Haras, Mr. Carter's Vendredi beat M. Fasquel's Facardin ip the first heat, a n d can t ere d over t h e second heat, his comp etitor not being brought to the post, The Foal Stakes, of 500 f. each, half forfeit, for which tl were eighteen entries, was won by Lord H. Seymour's Roy , l Oak filly Jenny, Mr. Rothschild's Anatole coming in sewn" and the Duke of Orleans' Gyges third. The Pine Blz.nche Stakes, of 1,000 f., given from the Racing Fund, was won easy b y t h e Count d'Hedouvill's Rough and Ready, beating the Duke of Orleans' Esmeralda and M. de Pontalba's Lady Charlotte. There was a Hurdle Race, twice round the course, in Which Lord 11. Seymour's Fortunatus beat Mr. Gould's Haldon Male, Billy Botherem and Rough and Ready started, but broke away and were not placed. THIRD AND LAST DAY, MAY 17. The course was much crowded this daythe patrons of racing seemed to have given a general rendezvous at Chantilli for the occasion. A considerable number of ladies were in the stands. The weather, however, was very unfavourable, frequu nt showers occurring throughout the day. o f all The Orleans' Pr i z e o f 3,000 f rancs, for horses and mates --- ages, bred in F rance . 1 I Lord H. Seym our ' s F ertunatus H. E. Aumont' s D ecep ti on........ 2 2 Mr. Carter's C on fit ore 3 3 Duke of Orleans' R oquencourt ... 4 4 ... 5 Colonel Fridoli n ' s Coalition dr• The Jockey Club Prize of 7,000 francs, for three-year-old colts and fillies. 1 M. E. Amont's Tontine ....... ................... ............ 2 Lord H. Seymour's Jenny .... M. Santerre's Olivia, Duke of Orlean's Quoniarn, quel's Nelson, M. Fould's Auriol, and the Duke of Orleans Gyges ran, but were not placed. Gyges bolted at first star tin g: After the race M. Ch. Lafitte, Commissary, gave notice that an objection had been raised as to the qualification of Tontine. and that the paym en t o f t h e pr i ze, as well as of the bets, wc' ssi be suspended till the que s ti on s h ou l d be decided. .1 A Hurdle Race f or 40 N apo l eons, given by the to wn Chantilly, with 70 give n b y th e R ac i ng Fund, and a Subscrip tion of 10 Napoleons each, was won by the Count d'Hedoo: ville's Rough and Ready, beating the Duke of (Meant* Esmeralda and Mr. Palmer's Patricien, Mr. Brotherton r°d, e Rough and Ready. Mr. Thornhill's Patricien, M. Simon d : Esmeralda, Lord H. S eymour ' s B ur d en (k i lled), an d 31. Normandie's Beau Nez were withdrawn. The distance s! twice round, four hurdles each way. Mr. Brotherton bad - good deal of difficulty in getting Rough and Ready to take %lI I e first hurdle ; but, after thi s was d one, h e h ea d e d t h e res t, a " wen the match in gallant style. A Subscription Cup, value 2,500 f., was won by Lord H• Seymour's Florence beating his Lordship's Poetess, 31r Car ter's Louise, and Mr. Edwards's Mr. Yorick. Match. 100 Napoleons each. 1 M. Pontalba's Tyriu s ............... Capt. Westbrook's Cheval Alezan ........................... Pony Race. Once round. M. Fasquel's pony beat Count Pontalba's. Matches. Lord H. Seymour's Jenny beat M. Fould's Auriol. M. Aumont's Antony beat M. Santerre's Nelly. The meeting has, on the whole, been very successful ; and has fully come up to the expectations of the sporting world. f: I