The Liverpool Standard and General Commercial Advertiser. — Liverpool, Merseyside, England, 1835-02-17 00:00:00

, LONDON LAW REPORT. COURT OF KING'S BENCH.--SATuaDAT, Flu+. 11. EVANS V."ROCKLIFFE AND ANOTHER. LIBEL.--Sir John Campbell, Mr. Thesiger, and Mr. Wil liams conducted the plaintiff's case, and the Attorney-General and Mr. Wightman appeared for the defendants. Sir John Campbell said that his client was the most unfor tunate and persecuted of men; his sufferings had been severe and long-continued. His father had been an attorney at Car narvon, and always treated his son with great kindness until he formed an illicit connexion with a woman who was living in his house, when he turned his child out of doors, and this had been the origin of ail the misfortunes that subsequently betel his client—he was thrown upon the world, and no doubt on account of • the ill-usage he htd received be did at times exhibit a great degree of irritability sand eccentricity, which made some persons suppose • he was insane. On many occasions he had been in conhne meat on this account. In May, 1831, he was at liberty, and re 'sided at Liverpool ; and from that time till September, 1833, he was living with his wife and family, and conducted himself in a very quiet manner. It happened, on the 23d of November, 1833, there was to be a great agricultural dinner at Liverpool, at which the Duke of Richmond and Mr. Stanley were to be present. The plaintiff wished to present Mr. Stanley with a letter, and inquired where he c ou ld fi n d hi m , an d h e wen t t o the betel for that purpose. At the door be stated his wish, when a man of the name of Derbyshire laid hold of him, carried him into a yard, and there assaulted him violently, upon which the plaintiff took from his pocket a pistol, which he carried to fire in a shooting-gallery. lie did not discharge it, but he was instantly taken into custody; he was taken before a magistrate and ordered to keep the peace; and, being unable to procure hail, he was committed to prison. The defendants were the proprietors of the Liverpool Journal, and if they had merely .giveo a correct account of the transaction, or bad fallen into au unintentional error, which all persons were subject to, blame would not have been imputed to them, and this action would not have been brought; but they had thought this a capital op portunity to excite public interest an d ma k e an i m p ress ion on the public mind. For this purpose they posted up placards all over Liverpool, couched in these terms :—" Our next will con tain an account of the attempt to assassinate the Duke of Rich mond and the lion. E. G. Stanley, at the agricultural dinner," and it was then signed with their names, " Rockliffe and Duck worth, printers, Liverpool." H ere the plaintiff would be re presented us much worse than the man who attempted to stab the Earl of Oxford, upon which an act of Parliameut was passed, which made it high treason to kill.a privy councillor. lhere must have been a great desire all over Liverpool to have All account of this monstrous crime, attempted to be committed by the plaintiff. What could' be the abject of this? Some times such things were done for the purpose of increasing the sale of the paper; and here it was admitted. On the 28th of September was the next day of the publication of the newspaper; and he imagined there must be a little dis appointment in the public mind. The paragraph was this :--- Presumed attempt to assassinate two oT the cabiuet ministers. On Monday, shortly after the company had sat down to dinner, a person . named J. G. Evans presented himself for admission at - the door, which was then open, nearly opposite where the Duke and Mr. Stanley were sitting. Derbyshire stood at the door, and Evans inquired of him which were the Duke and Mr., Stanley, as he wanted \ to see. them? Derbyshire opposed his admission ; some confusion took place. Evans was seiztel,,when he took out a loaded pistol, which was taken troni him; he then pulled oat two knives, rudely formed of superannuated razors; . these were taken from hies, and lie was conveyed to Bridewell; when there, a drunken sailor took the pistol, which he discharged, and frightened the gaoler's wife. It appeared, on inquire, that Evans had repeatedly called at the Golden Lion, inquiring for Mr. Stanley and 'the Duke of Richmond. On Tuesday he was brought before the magistrates and remanded till next day, and he then stated his object was to present a letter to Mr. Stanley respecting seine accounts of £lOO,OOO, which he said was due to his late father: he attempted to explain his carrying pistols with him by saying he was ;in the habit of shooting in the gallery. He was ord ere d t o fi n d suret i es, which he could not obtain, and he was committed to prison. He is a Welchman, well known by the length of his beard and his eccentric habits. His father was a legal officer abroad, and at his death left all his property to a woman with whom he lived, and it is said that since that period he has been deranged." This was the paper that was to g ive an a ccoun t o f t h e attempted assassination of the Duke of Richmond and Mr. Stanley. The action had not been brought till repeated applications had been made for an apology, and every explanation bad been refused. On the 12th of October there was another article in the paper, which was headed—" Mr. J. G. Evans. The following is a corrected account respecting this person, who is now in the Borough Gaol for want of bail: we understand that he has been insane upwards of ten years, and that he has been in confinement several times; since that period lie has carried deadly,weapons with the avowed purpose of doing injury to several profes sional persons in the town, who signed certificates ainst him. His father l e ft hi s widow £lOO a-year, and £7O or £ BO per annum to him, provided he did not marry a female who was obnoxious to him. He left the rest of his property to a nephew who had been long his faithful clerk. We regret that a fort night ago we were induced to state that which has wounded the feelings of a respectable female." On the 26th of October there was another paragiaph. " Mr. J. G. Evans, the person who was apprehended un suspicion of a design to assassinate the Duke of Richmond or Mr. Stanley at the late agricultural dinner, has been sent to a lunatic asylum, there being no doubt of his insanity." Th e pl a i nt iff h a d sent to know who was the author, but could get no explanation whatever. The defendants now said this was all true; but let them prove that his unfortunate client ever had any intention to injure either of the individuals referred to; let them prove this by any means by which the intention of the human mind might be discovered, that he ever testified the slightest intention to do any one injury. The jury would have to determine upon the evidence whether he had been taken up on suspicion of au attempt to assassinate. There was no pretence for saying that he was. He was taken up for the supposed assault on Derbyshire, and was committed for want of sureties. It had never entered into the head of any human being that he had any such intention as that which was imputed to him till this placard appeared. Under these circumstances it seemed to him (the learned counsel) that he should be entitled io a verdict, and it would be for them to say whether ample damages ought not to be awarded. To prove the sanity of the plaintiff the following witnesses were called : Mr. John S. Hallows, surgeon, Liverpool, considered the plaintiff perfectly sane and harmless; thought the papers found on the plaintiff when taken into custody might have proceeded from a sane man. Mr. Andrew Gillen, a surgeon at Liverpool, saw the plaintiff, in company of the last witn ess; cons i dered him perfectly sane, but should . not think the plaintiff was sane when he wrote the paper in question. Dr. L. Whalley, physician to the Lancashire Lunatic Asy lum, to whose house the plaintiff was taken on the 22d October, said he never observed any symptom of insanity from that time until the 3d December, and therefore he was discharged. Cross-examined.-1 think I paid more attention to his case thau usual; I visit the asylum twice a weak; I have heard this paper read, addressed to the Mayor, and should say the mind of the man who wrote it was hardly sound; looking at the other paper, called a record, I should say the man was under a delu sion; I think he must have been insane; the name of the resi dent surgeon is Davidson; we concurred in opinion that he ought to be released. ft e.examiued.—lt is such a jumble, I can't say what the de lusion is • I am aware of hi s b e i ng suppose d to h ave been armed at a public meeting, and I heard the reports about him. Dr. W. Mason, a physician at Carnarvon, said he had known the plaintiff from boyhood, and never observed any indication of insanity; the plaintiff's fattier, who was an attorney, died in 1e27; a nephew was in possession of the property. 'I he plain. tiff, before his father's death, left his house in consequence of family differences. Mr. Roberts, a surgeon, gave evidence as to the plaintiff's sanity. Mr. J. Williams exatnined.—Remembers passing Lucas's repository on the day of the agricultural dinner; I saw plaintiff on his back in the yard; he said he wished they would not abuse him, for he hail a wife and child; I saw the kniies taken from him; I attended with my father before the magistrate, on the second day; my father went for the purpose of being bail for him; I offtred myself as a witness, but th e y would Out let me into the room. C runs-examined.—He wore a beard of a month or two's growth. Edward Blackburne, an innkeeper, of Liverpool, with whom the plaintiff had lodged, said that he always considered the plaintiff to be perfectly sane. The Attorney-General then addressed the jury for the de fendants. It was perfectly true that the occurrence had taken place, and it was also clear that the paragraphs had appeared. Application on the subject was not made to the defendants till April, 1831. The edit o r s o f th e paper h a d t h oug h t it right to publish what were called the libels; but they said on the record that what they had stated was matter of fact. One question was whether every one must not have formed the opinion from what they had that day heard, that it was the plaintiff's inten tiou to assassinate? And the o th er quest i on t h en arose as to whether the plaintiff was insane or not? The defendants said he was, and that he had cond uc t e d hi mse l f on the occasion of the agricultural dinner in a manner to create a reasonable sus picion that he was shout to assassinate Mr. Stanley or the Duke of Richmond, or somebody. He was at a loss to consider under what sound advice this unfortunate individual had been induced to bring this action, the party well knowing 'what had been his conduct for some years past, and perfectly well knowing that on that day he was taken with his pistol in his pocket, that it was loudea, that it went off accidentally, and that the ball lodged in the ceiling which might have lodged in the person of the Duke of Richmond or Mr. Stanley. How a saner-man could go to that meeting with this pistol in his pocket loaded as it was he could not think, or how the same individual could have there two knives which were made from old razors he was at a loss to understand. The learned counsel then adverted to the circumstance of the action being tried in London instead of ut Lancaster, and thus increasing the expense to an enormous. extent; but he trusted their righteous verdict that day would relieve them from that wicked intention. He was nut accus tomed to pay compliments to the press; but he must say there were few institutions in this country to which we were more in debted than to the press. The learned counsel then remarked on the evidence that had been brought forward on the part of the plaintiff, and afterwards stated the evidence which he should adduce, and then contended that. he should be entitled to their verdict—if, however, they should be induced to give a verdict for the plaintiff, he trusted the damage would be the lowest coin of the realm. Evidence was then given on the part of the defendants, tend ing to show that the plaintiff had been several times confined in lunatic asylums, and that he was insane, and labouring under delusions; that he had sent most extraordinary letters to the Mayor of Liverpool and other persons, that he had threatened the lives of some, and that on the day in question he had endea voured to force himself into the dining-room, and, when opposed, bad produced a pistol and the knives; and that on a previous occasion he had been taken up, having a brace of pistols and a sword-stick in his possession. Mr. Theviger, in the absenc e o f Si r J ohn Campbell, then re plied for the plaintiff. Lord Denman summed u, stating th a t h e i mag i ne d th ere would be little doubt of the p laintiffs insanity; but the question was whether the defendants had fully proved their justification. The jury considered for some time, and then gave a verdict for the plaintiff—Damages,.4os. IMPORTANT CASK.-TRIAL AT RAR.-THE KING P. ANTROBUS. It will be in the recollection of our readers that a dispute arose between the sheriffs of the city and county of Chester, as to which of them should execute the sentence which had been passed upon Garside and Mosley, the men who were convicted of the murder of the late Mr. Ashton, and that those functionaries persisted in their refusal until at last this court, upon the appli cation of the late Attorney-General. ordered the convicts to be brought before the bar, and issued its command to the Marshal of the King's 13ench to execute the sentence, to be assisted by the sheriff of the county of Surrey. The present indi c t ment was preferred upon a criminal information filed by the lat e Attorney-General to determine whose drily it should hereafter be to carry the extreme sentence of the law into execution, and thereby prevent the recurrence of the inconvenience, confusion, and expense which arose out of the dispute in question. Mr. Wightman opened the pleadings. The Attorney-General stated the case for th crown. He said the present was a criminal information which had been filed by his friend the late Attorney-General against the defendant, and it would be his duty to state the circumstances ander which it bad been filed. The question was simply whether the defeutlaut 4 .was bound to obey the order of , court. ' Before he went into a t detail of the circumstances he felt it due to the defendant to state, that although the present proceeding was in the shape of, a prosecution, it was strictly an inquiry as to whether the duty belonged to the high office he held of executing the sentence of the law. The inquiry was rather of a civil than a criminal na ture. The defendant was a highly honourable man, a gentleman of the first respectability, and esteemed by all who had the ho nour of his acquaintance. The proceeding, although apparently a criminal one, had not been instituted to give a moment's pain or uneasiness to the feelings of the defendant. The question for consideration was, did the office of the sheriff for the county of Chester impose upon him the duty of executing.crimilials lie would not at the outset trouble them with poigts of law which were among the elementary maxims known by a practice within the memory and recollection of all of them. By . the • common law the sheriff w a s b o u n d t o o b e y th e commands of the judges of the land to execute the last solemn sentence of the law. It would be unnecessary to cite many authorities to prove that the punishment of death was carried into effect at the scene of the crime. Not many yews ago a person who was tried for, and convicted of, breaking into a gunsmith's shop was executed opposite the place where the crime had been committed. That was not the direction of the sheriff but that of the court, and the sheriff was bound to obey it. On rout or five occasions, forty or fifty years ago, the sheriffs of the county of Chester obeyed the order of the court, and in obedience to that order suspended the body of the criminal in suc h pl ace as di rec t e d by s he court. The sheriff of Chester, within a recent period, did execution as di rected. The criminal was tried in the County Court, he was taken to the boundaries, and was then handed over by the con stable of the castle to the sheriffs of the city, and by them exe cuted. Within their jurisdiction the criminal suffered death. Whether that duty devolved upon the sheriffs of the city from the circumstance of Chester being a walled town, and that criminals should he executed withiu the boundaries of the county palatine, having a ju r i s di c ti on over th e c ity, it o r dered the city sheriffs to do ex ecu ti on , or w h et h er i t was th a t th e city . held some land or franchise by which the duty of doing execution at the order of the county palatine devolved upon it, he could not say. But whatever Wei the origin of the practice, the sheriffs of the city of Chester had done execution upon criminals sen tenced to death by the Great Court of Sessions of the county of Chester. In the same way their lordships, by a rule of court, ordered the two unhappy men who had been convicted of the murder of Mr. Ashton, out of which event the present proceed ing arose, to be brought before their lordships, who had the power of ordering any sheriff within their jurisdiction, not ex cepting the defendant, to do execution upon the criminals. The power of the Court of Great Sessions over the city of Chester might have arisen in troublesome times. As the sheriffs of the city had refused to execute the sentence upon the men in ques tion, it was the duty of the sheriff of the county to have executed it. By the passing of the act of 1830 the jurisdiction of the Court of King's Bench was extended to Chester.. By the 13th section it was enacted that his Majesty's writ' of jurisdiction of the King's Bench should extend over and within the county of Chester and time county of the city of Chester; and the 14th section abolished all jurisdiction over proceedings legal or equi table, civil, or criminal, and transferred all sorts to Westmin ster, and abolished. all' the courts in which they had been con ducted.. A doubt upon this point had b een sugges t e d o p one or two occasions when the judges went down to hold'a commission of ,Oyer and Terniiner, aud persons were unfortunately sen tenced to suffer the extreme penalty of the law. They were executed as usual ; but by- what means the judges' sitting under the'Commission of Oy er and Terminer in the county of Chester should order the sheriffs of the county of the city of Chester to do execution he could not say. The judges sitting in Surrey might as well order the sheriff s o f M i ddl esex t o d o execut i on. Execution had been done on two occasions. At length a doubt arose as to whether the sheriffs of the county of the city , owed any allegiance whatever to the judges —a serious doubt, he must admit, in point, o f l aw . If th e s h er iff s were not obliged to obey the rule they were justified iu their consciences in refusing. The 15th section was the only one that raised the smallest doubt as to the liability of the defendant to obey the order of court.— The 14th section destroyed and took away all the courts of the county palatine ; but in the fifteenth section there was a proviso in respect of the city of Chester, which preserved to the inagis trates and citizens the trial of cases, except writs of error, false judgment, &c. &c., which should be decided by the Court of ' King's Bench; but there was not a syllable in the act showing that proceedings connected with the courts abolished in the county of the city of Chester were retained. The city of Chester was subordinate to the courts of the county palatine of Chester it had a right to make an ord e r upon the c ity, w hi c h it was b oun d to obey; and the sheriffs were bound to obey the order of the judges, made under similar circumstances, sitting under the commission of Oyer and Terminer. The 19th section 'Aced all the counties in England, not being counties palatine, upon the same footing. The learned gentleman concluded a very lung speech by saying that he would call evidence which he hoped would have the effect of settling a question pregnant with so much importance' to the nation at large. Mr. Lloyd, clerk of assize of the county of Chester, was ex amined at considerable length.—He said that by the order of Mr. Baron Parke he had delivered the calendar to the de fendant, who had refused to attend to it; and upon being asked whether he had ever heard old people say that the sheriff of the county was exempt from doing execution upon criminals under the circumstances, a discussion arose as to the right of a counsel of the crown to put such a question. Lord Denman ruled that the question could not be put. Mr. Justice Littleciale said it was a matter of perfect indiffer ence to the public who should do execution upon criminals— whether the sheriff of the county or the city should do it. Mr. Justice Patteson said the question did not at all approach to the nature of a public one. It was merely a dispute between two sheriffs. Mr. Justice Wiliiains was of the same opinion. Mr. Maule addressed the jury for the defendant. He sub mitted there was no evidence to support the case, and for that purpose he begged to direct the attention of their lordships to the terms of the inforniation. It stated that the prisoners were to be taken to the place from whence they came, thence to a place of executi on , an d w h en d ea d that their bodies should be buried within the precincts of the prison in which they should be confined after their conviction. It was said that it was the duty of the defendant, by virtue of his office, to have executed the sentence. The defendant was not the person to do execu tion. An order had been directed to the constable of the castle and to the sheriffs of the city of Chester to see that execution was done. The calendar bial been delivered to the defendant as a notice, but did that call upon him to execute the sentence? A special notice .should have been served upon him to demand the bodies of the criminals. As a sheriff he could only be called upon to do execution _in respect of having the custody of the criminals, and unless they bad been in the custody of the de fendant, he could not be supposed to be the proper officer to do execution. The criminals had not been in the custody of the defendant, and he therefore had no authority to do that for the omission of which he was now Charged. His having abstained from interfering protected him from the charge of illegality. The learned gentleman lore quoted an authority from Lord Hale's Plea., of the Crown in support of his view of the case. The presentation of the notice upon the defendant in the calen dar would have done had the criminals been in his custody, but as they bad not been it wAs not sufficient. The defendant was not competent to perform the duties of constable of the castle. Ile had no right to usurp the office of constable, which he would have done had he demaniled the bodies of the criminals to do execution upon them. The castle of Chester was an island, not surrounded by water, situated between the county and the city; and the defendant could not have gone there without going out of his bailiwick. There was no evidence of the of f ence charged upon the indictment. The defendant bad done nothing that was illegal, and unless the constable of the castle had been authorised to deliver up the criminals to him he (the defendant) had no right to demand them. Upon the present state laf,the facts of the case he submitted that the de fendant was entitled to an acquittal; first, from the fact of no special notice having been served upon him to do execution upon the criminals, whereby he had no authority to go out of his jurisdiction to demand their bodies • and secondly, that the criminals had never been in his custody, and that therefore he was not guilty of a breach of duty, nor of disobedience to the order of the judge. Mr. Kelly followed on the same side, and, in a strain of clear, logical, and eloqiient reasoning, couieuded that the indictment could nut be supported. The Attorney-OCheral, Sir John Campbell, and Mr. Wight man respectively replied. Sir John Campbell, in reference to the objection which had been made by Mr. Maule as to the insufficiency of the'notice in the calendar, said it was the usual mode of giving notice to do execution upon criminals. The prisoners' names were con tained in that calendar, and opposite to each was stated the na ture of his offence, and on the maroin was written the sentence, which was the only warrant the sherifflead for taking away the life of a fellow -creature. The defendant had acted, no doubt, from conscientious motives and upon the advice be had re cieved, but he had been guilty of contempt; he had set the order of Mr. Baron Parke at defiance, and refused to do any thing in the matter. He had hoped that those technical ob jectious would not have been made, but that the question would have been submitted to their lordships and the jury for their Mr. Wightman contended that the notice which had been served upon the sheriffs of the city was one merely calling upon them to see that the execution was done. It was a notice of information, and not one of instruction or order. • Lord Denman said that the question at issue could not be tried on the present information. After the case had closed two two objections were made. Tho first-was, that the sheriff had no power to execute the whole of the sentence, as not having anv place to bring their bodies after they were dead, the castle not heipg within his jurisdiction; the s econ d was, t h at as - t h e sheriff had not the custody of the criminals, he was not liable to be called upon to do execution upon them. Had the defend- ant legal means of obtaining the bodies? He (Lord Denman) thought ha had not. The castle w as no t th e s h er iff' s pr i son, tat that the constable, and the constable would not have been warranted in parting with the criminals unless a special order to deliver them up to the defendant had been served upon him. He (Lord Denman) was therefore of opinion that the defendant had not neglected his duty in having refused to do execution. The other judges expressed a similar opinion • and the jury, under the directi on o f t h e court, acqu i tte d the defendant. Upon the close of the case Mr. Maule declined going into the defence, bat took obj ec tion s which, a s app ears f rom th e issue, were decided in favour of the defendant. The case commenced at ten o'clock, and lasted till five. SMUGGLING FOREIGN CORN. For some time before the dismissal of the late government their attention was repeatedly called to this very important sub ject, but without any beneficial result, indeed, without any re sult at all. " Inquiries should be made"—" This thin• should be looked into" . —" It would, no doubt, be found that there was misstatement or exaggeration of the circumstances." These were the evasions that were resorted to, rather than adopt any measures to refi6Ve the agricultural distress of which the King, in his speech to Parliament, had declared the existence. This shuffling'systern has, however, fortunately for the coun try, ceased with the fall of the shufflers who delighted to prac tise it. A change has taken place. Instead of Lord Auckland and Mr. Poulett Thomson the affairs of trade are now in the hands of Mr. Alexander Baring and Lord Lowther, and the first public measure of these sound and practical men was to in flict severe penalties on the owners of a vessel that had been de tected in smuggling foreign corn. Mr. Poulett Thomson, of course, possessed the same power to punish ; but then the exercise of it would I•ave interferred with some of his thousand and one theories. Thank }Leaven ! we are no longer doomed to suffer under a mere l y t h eoret i ca l gover nment. Theories are all very well in their way, but one fact is worth a hundred of them, and it gives us thq most sin cere gratification that we have it in our power to call public attention to such a fact'on the present occasion.-41bion. A woodman employed in the forest belonging to the Abbey of Afflghern, in the canton of Assche, in Belgium, was a few days since pursuing a hare; when puss took refuge in a rabbit-hole at the foot of an old oak. Ile set to work to dig her out, but in stead of the fugitive, discovered an earthen vessel filled with a great quantity of Spanish gold coin of the sixteenth century, which he conveyed asitefully home, and thus was raised to tom. parative iffluence. THE SPEAKERSHIP. The following letters have been published from Lord J, Russell and Mr. Richards " Queen-street, Feb. 11. "Sir,-1 hope Mr. Abercromby's friends will have the honour of your support, as a sincere and zealous reformer, on the 19th instant.—Your obedient servant, • ".1. aussat.L. " Tu J. Richards, Esq., M.P., 13, Cadogan-place." " 13, Cadogan-place, Feb. 12. "My Lord,-1 beg leave to acknowledge the receipt of your lordship's note, in 'which you express your hope that Mr Abet cromby's friends will hav e my support . ' as a sincere and zealous reformer, on the 19th instant.' " I might fairly observe to your lordship that the whigs have always taken credit for themselves 'as sincere and zealous re formers;' and yet, ha the first session of the first reform parlia ment,. they unanimously voted for C. Manners Sutton as speaker. But I will not, on the present occasion, attempt to shelter myself under the authority of the whigs. " When Lord 'Althorp proposed .Sir C. Manners Sutton as speaker, I for one, considering that eminent individual as au anti-reformer, hesitated ; but conscious that I had then had no experience in parliament, I acquiesced iu the recommendation of the Kin'g's minister. The case is now widely different. l' s or two years f have witnessed the conduct of Sir C. Manners Sut ton in the chair, and I can honestly declare that during those two years I never saw' in him the slightest disposition to favour any party at the expense of another. Then, as to experience iu the business of the house, indefatigability, good temper, bland ness of manners, and easiness of access, lie appears to me, not only as regards Mr. Abercomby, for whom I feel great respect, but as regards the wh o l e Mouse of Commons, ladle princeps. For these reasons, as well hs for many others with which I will not trouble your lordship, I shall certainly give my vote for the re-election of Sir C. Manners Sutton.—l have the hollow to be, my lord, your lordship's most obedient servant, " To the Right Hon. Lord John Russell, M.P., &c. &c." '' J. RICHARDS. ELECTION OF PEERS FOR SCOTLAND, On Tuesday the election of the sixteen representatives of the Scottish peerage took place in the picture gallery, at Holyrood house. Perhaps on no former occasion was so great anxiety mani fested to obtain admission, and the galleries were very early crowded in every part with l a di es and gentlemen, there being, probably not fewer than one• thousand persons present. The business commenced about twelve o'clock at noon, and termi nated at three in the afternoon. The Rev. Dr. Grant and Dr. Lee, two of the city ministers, were the chaplains who officiated. Thos. Thomson and Adam Rolland, Esqrs. principal clerks of session, attended, bearing the c o mmi s sion of - the Lord Clerk Regisjer; and were assisted by Mr. Bruce, depute-clerk, Mr. William Robertson, and Mr. Adam Thomson, deputy keepers of records, and Mr. Macdonald, iu taking the votes of the peers present.; and the magistrates of Edinburgh appeared officially with their mace and sword. The business of the day was opened with prave'r by Dr. ()rant, after. hich Mr. Thomson read the proclamation. for dip election, and took the sederunt, when there appeared present— The Duke of Buccleuch, Marquis of Tweeddale, Marquis of Lothian, Earls Crawford, Bothes,. Morton,.. 'Strathinofe, 'LaUderdale, Stirling, Airly, Leven, Selkirk, Aboyne, Hopetoun, Viscount Arbuthnot, Lords Forbes, Sal toun, Elphinston, Colville of Culross, Elibank, Belhaven, Ruthven. The peers present having taken the oaths to government, the following voted by proxy :—The Duke of Lenox by the Mar quis of Abercorn, Earls of Aberdeen, Rosebery; Glasgow, Viscount Falkland, Viscount Strathallan, Lord Gray, Lord Elphinstoun, Earl of Morton, Earl of Morton, Lord Elphin stoun, Lord Coleville, Earl of ltothes, Lord Forbes, Lord Saltoun. Signed lists were produced from the Dukes of Hamilton, Gordon, Argyll, and Montrose, Marquis of Queensberry, Earls of Errol, Mar, Buchan, Caithness, 'Moray, Haddingtou, Gal loway, Kinnoul, Dumfries, Elgin, \Vemyss, Dalhousie, Carp wath, Balcarras, Dundonald, Kintore, Breadalbane, Dunmore, Stair, Viscounts Stormont, Kenmore, and Duubla►►e, Lords Cathcart, Sinclair, Somerville, Torphicheu, Cranston, Reay, Forrester, Rollo, Kinnaird. Upon the Earl of Crawford being called for his vote, the Earl of Lauderdale protested against the vote of any nobleman whose title had not been jud►cially.recognised by the House of Lords, and that the clerks had a right to judge of the votes whether they should be received or not. The vote was however in the mean time received. _ The same protest and objection applied to the reception of the vote of the Earl of Stirling, which was made by the Earl of Lauderdale on a former occasion, who stated that he saw no occasion for altering the opinion he then entertained, to which the Earl of Stirling remarked that he begged to refer the noble earl to the former answer given in by him, whereupon the Duke of Buccleuch stated that he also protested against the reception of the Earl of Stirling's vote for reasons to be subse quently assigned. Lord Stirling thereupon asked the Duke of Buccleuch if he had his titles or patent in his pocket (laughter) and counter protested against his grace's vote, for reasons to be also given in, in due time. On the votes of the peers present being given, and that of the proxies as well as the sigued lists, the result was as follows :—Marquis of Tweeddale, 60; Earl of Morton, 56 ; Earl of Home 51; Earl of Elgin, 57 ; E ar l of Airly, 51; Earl of Leven, 57; Earl of Selkirk, 52; Earl of Orkney, 46; Viscount Arbuthnot, 53; Viscount Strath a ll a n, 53 ; Lord Forbes, 57 ; Lord Saltoun, 62 ; Lord Gray, 57 ; Lord Sinclair, 57 ; Lord Colville of Culross, 53; Lord Reay, 51. The above sixteen' were declared elected. The only altera tion from the former list of the representives of the Scottish peerage, is Lord Reay, in place of Lord Elphinstoun. The undernoted peers had votes as below:— Earl of Rothes, 22; Earl of Mar, 1; Lord Elphinstonn, 35; Lord Elibank, 1 : Lord Buchan, 1;' Lord Cranstoun, 3; Lord Belhaven, 1; and Lord Rollo, 1. The return having been made in the usual form, the proceed ings were closed with prayer by Dr. Lee. In the afternoon their lordships sat down to a sumptuous dinner, in the Royal Hotel, Prince's-street, (Gibb's,) the Mar quis of Tweeddale in the chair, having on his right the Lord Provost, and on his left Lord Forbes. Lord Saltoun acted as croupier, having on his right Lord Elphinstoun, and on his left Sir Archibald Campbell, of Succoth; and among those present (not peers) were observed—Sir F. W. Drummond, Sir Patrick Walker, Mr. M'Donald of Staffa, Sir John Hay, M.P. fur Peebles, Lord Ramsay, Lord Fincastle, Principal Baird, Drs. Grant and Lees, Captain Keith of Chesterhall, Mr. L'Amv, sen. and jun,, Captain Sharpe, Captain Barclay, Captain Arrow, :Loci many other distinguished personages. THE MEMBER FOR KILMARNOCK.-Dr. Bowring, the repre sentative of Kilmarnoek, has published lately a volume of tales, entitled, "Minor Morals for Young People," with engravings by Cruickshanks and Heath. The intention of the author is to laeven youth with the principles of the Benthainite school, and to urge upon them to seek not what is agreeable to the will of God, or to the dictates of conscience, but what will promote the "greatest possible sum of human happiness." This disciple of Bentham labours to unsettle the attachment of youth to the word of God and the dictates of conscience, the only foundations of morals, and to substitute the ever-shifting views of human expe diency and utility, which appear one thing to youth, and an other to age—one thing to the ignorant, another to the learned —which depend not on the feeltugs of the heart, but the know ledge of the head. It was on this principle of preferring always the greatest possible good, however much violence may be done to nature, that Bentham, in his will, left his body to be dissected by the surgeoni. Dr. Bowring has probably much the same ideas of superiority to vulgar prejudices, and may possibly con clude his career with some such frolic. Our Kilmarnock friends, who have been so sadly taken in by this gentleman, would need some one with the satirical talents of Burns, and his hitter scorn of affected cold-hearted philosophers, who make no inure ac count of human beings than of mice in an air-dump•—to lash this new school, and to turn the ridicule of the weavers and mechanics of Kilmarnock against this bald and barren philo sophy, of which their new representative is a disciple and chosen advocate.—Scottish Guardian DEATO OF HENRY HUNT, THE EX. M.P. roe PRESTON... — Mr. Hunt was suddenly taken ill on his arrival a few drys since at the George Inn, Alresford, Hants. He was in the act of stepping from his phaeton, when he was seized with a severe attack of paralysis, and was with souse difficulty assisted from his carriage to a private room. Medical aid was instantly re sorted to, and being immediately-bled, he found temporary re lief. He lingered on until liriday at half-past twelve o'clock, when he expired without pain. He refused all medicine for some time before his death. Mr. Hunt was a man of strong and healthy constitution, and of very active habits. He had very recently left London, in company with a female friend, on a journey or business to the west of England, where he had a considerable connection for the sale of blacking and annatto, or cheese colouring, the latter being an article of much de , mand with the farmers in the dairy counties of Somerset and Dorset. Mr. Hunt was Lord of the Manor of Glastonbury, in Somerset, and possessed freehold property in the city of Bath, And also in the vicinity of Bristol. ite had been bred up a farmer in Somersetshire, and was subsequeutly a brewer in Bristol, about .which time he commenced his political career. During the last twenty-five years he had been a radical re former of the Cartwright and Cobbett schools. The property he died possessed of falls to Thomas Hunt, the elder son,. Who emigrated recently as a farmer to New York. Hi s son Henry lately married Miss Catherine Vince, of Storrington, near Pet worth, Sussex. These comprise the whole of - his imnietliate' surviving relatives. , INCENDIARY PIREL—At the an n eal meeting of the directors of the County Fire-Office ' London, on Thur s d a y, M r . Bn r b er Beadmont, the managing director, stated that during the _last. year'there had been an increase in receipts of between £2OOO, end £3OOO on premiums of insurance, but that the losses by tire . had be9n larger than heretofore; these were to be attributed.to. incendiary tires. If, however, the loss bad increased by men:us of incendiary fires, it had diminished in other matters, and the. losses through fraudulent fires were lower than formerly. He was happy to be able to state that there would be no diminution in the dividend of 25 per cent., which had been paid on 'all for mer occasions. Mr. Beaumont said it was a curious fact, that in several districts where an incendiary had been convicted and capitally punished the fires ceased, but where no one bed been apprehended th e burnings continued. The t o t a l loss to the establishment by fires of this description in the past y e a r was between £7OOO and £BOOO. • The church commissioners meet daily at their office in Par liament -street, and we hear that they are applying themselves to their important inctuiry with every assiduity, and with all that zeal which invariably distinguishes persons suddenly con. verted. They have already, we understand, made considerable progress, and we have reason to believe that, in a very short time indeed, they will be prepared to make such a report as will develop the principles which guide them in the applicatiOn of remedies to th e a c knowledged abuses of our ecelesiastiCal establishment,—Observer. • WEIGHTS AND MEASUItES.—At a petty sessions, held on Tuesday week, at Williton, Somerset, John Ridler was fined in the full penalty of £5 and costs, fo: selling corn by the old Winchester bushel. THE C4PERCA ttzlz.—The game season is now over; but we may remark as a very extraordinary circumstance, that during the present week no less than fifty of this epicurean bird (the cock of the wood) have been received in this country front Norway and Sweden, and have been disposed of at the very low price of 10s. each.—London paper. Letters from Rome, dated the 10th of January, announce the death of the learned archamlogist Alexander 'Visconti, younger brother of the celebrated Euuiles Quirinus Visconti. THE Wm.. von THK DRED.—On opening the will, on Mon day, of a gentleman who had expended an extremely handsome fortune. amongst other articles it contained the following :—" If I had died possessed of a thousand pounds, I would have left it to my dear friend, Mr. Thomas B—; but as I have not six pence, he must accept the will for the deed."—Merthyr Guardian. REPEAL tIP THE MALT TA x.—The Marquis of Cbandos will bring forward his motion for the total repeal and immediate reduction of the duty on malt, on the earliest convenient day after the oeuing of parliament, and' will be seconded by if. Handley, &K., M.P. for (the Kesteven and Holland parts of) Lincolnshire. --Bucks Herald. THE LIVERPOOL STANDARD. FOREIGN INTELLIGENCE SPAIN. The Journal de Paris, of February the 11th, contains the following bulletin : 4 . Five battalions of Carlists having again blockaded Elisond ()- the Col. Ocan a came -on the 7th to the reiief of the t o wn with Lt}JJ men., After an attack which brought upon him all the etforts of, the besiegers, ho took his position in the village of Ziga, where he is waiting reinforcements sent by Miva. " On the 10th an avant-guard of 330 men hid arrived at the frontiers of the Aldudes. " They speak of an affair Ohl took place on the 4th, at Arquijas, between Lorenzo and Zuinalaearreguy, and as to the result of which one cannot as yet form an opinion, since up to the present time both parties claim the victory." Thus the siege of - Elisondo continues. Col. Ocana has been obliged to retreat to Ziga, and there he is waiting for reinforce ments. With respect to the Arquijas affair, -the following is the only account I can give you of the matter, and which I believe to be tolerably - correct. The convoy, escortA by El Pastor, was, as I announced two days since, attacked in the environs of Bergara by the roaylists. On the 33, the affair remained uncertain. On the 4th, Jaureguy and Espartero were driven back to Villa Franca. On the sth, they, fought again. Lorenzo, mentioned in the bulletin of the French government, which I have just given, arrived to-heir the other generals; but the reinforce ments which ho brought with him only delayed the complete defeat of the Christinos which followed. Zumalacarreguy was there in person, and the victory, which was a long time disputed, was at length gained by him. Letters from Bayonne, and from the frontiers, state that on the 6ththe Christinos were com pletely defeated, and that all- the convoy was in the power of Zumalacarreguy. An official bulletin had not been drawn up at the moment the news was sent off, as really the Carlist General had not had time. The ministerial bulletin only speaks of the affair of the 4th, and not of those of the 2d and 3d, or of the continuation and conclusion on the sth and 6th. The following bulletin, dated - San Esteban, 4th February, and published by the " Guieune," attests the sang-froid of Don Carlos, and the prodigious rapidity of Zumalacarreguv, who, at the distance of but a few days,. attacked the Christinos on the frontiers of Castille, and then at the very gates of France. "Don Ca r l os was on the 29th of January at Autonana, and on the 30th at Apallamez, half a league from Maesto. "On the 31st Zumalacarreguy endeavoured to gain possession of the fort of M aes t o , b u t was co mpell e d to ab an d on it, in con sequence of an incorrect manmuvre of his artillery. Don Carlos with his staff went round the fort, from which the firing was directed against him during the whole time, but no one was shot, though the horse of Don Carlos, Cruz Mayor, by his side, was wounded; The column of the Christinos, which arrived on the 3d instant in Bosten, arriving by the French territory, after an hour of repose at Elisondo, retumned to the route of Pampe lune, and took with them 2UO wounded or sick soldiers from the fort of Mesericorde." At Saragosa there has been an ultra-liberalmovement, similar to that at Madrid. Letters from Saragossa, dated the 4th inst., have arrived at Paris. They state that on the 2d inst. a portion of the population rose, proceeded to the quarter of the city in which a bust of the late King Ferdinand VII. was placed, re moved that statue and destroyed it; and placed in its stead the stone of the constitution of 1820, amidst the cheers and bravos of the,multitude. Although these proceedings took place on the2d instant, still the local authorities of Saragossa had not dared to remove the stone or tablet of the constitution of 1820, but had even tamely submitted tosee the bust of Ferdinand VII. the father of Isabella and the husband of the Queen Regent, treated with much marked cont e mpt an d i nsu lt. Thi s i s i n d eed the progress of the revolution, and the position of the Queen Christina is indeed as difficult as can well be imagined. FRANCE. PARIS, Feb. 12.—M. Lafitte has addressed a letter to the French journals, in which he has poured forth all his griefs against the Bank of France and his royal creditor. He has male out his accounts and his balance sheet, and shows that if time were Allowed him he could pay all , he owes to those who now sue him. - The Courrier Francais informs us. that the resolutions of the German Diet, relative to the Grand Duchy of Luxemburg, have been communicated to the King of Holland. By these resolu tions it has been resolved that a continuance of the statu quo of May, 1833, is impossible. The Courrier adds, that the King of Holland has, nevertheless, resolved on preparing fur all con tingencies, by keeping his troops on a war footing. The Courrier Francais informs us that the Austrian, Prussian, and Dutch governments are making claims of old debts due to those countries from France. I think the Courrier is mistaken. The French journals inform us, that the day before he left Paris, Lord Brougham ordered a hackney coachman to drive him to St. Pelagie, as he wished before going from this capital to visit the republican writer Armand Carrel. The coachman, however, took him to the St. Pelagie for debt, instead of fur offences, and as Lord Brougham had not sufficient time left to proceed from one end o f P ar i s to t h e other, his visit to Armand arrel did not take place. _ ITALY. We give the subjoined extract from the Augsburyh Gaiette without comment:— FitoN . riuusop ITALY, Jan..2o.—According to accounts which are worthy of credit the Austrian troops will evacuate by the first of May the positions which they have hitherto occupied in the Roman States, at which time the French will probably leave Ancona. In fact, the further presence of foreign troops in the papal dominions seems to be of no use, that is, if they are to preserve public tranquillity; for if the people are not perhaps entirely satisfied with the government the revolu tionists have lost all courage, since they have become con vinced that they cannot depend on any assistance from abroad. In general the appearance of affairs in Upper Italy is extremely pacific. In the Sardinian States the complements of all the regiments, except the guards, have been considerably reduced. The number of horses for the cavalry, which are fur the most part furnished by Germany, is considerably less than of late years. Lastly, the regiments comprising the Austrian army in the kingdom of Lombardy and Venice, which have hitherto been on the war establismeut, send home the men who have served their time, and we do not yet hear of any 'intention of filling up the vacancies by fresh men. It is even conjectured that if the tory ministry in England should be consolidated, which must soon appear, the whole of the Austrian army in Itally will be placed on the peace establishment. THE COURT. BRIGHTON, Pwn. 13.—We can state positively that their Ma jesties and the Oourt generally will take their final departure forthe season on the 17th (next- Tuesday). This arrangement was - made last Sunday. The Princess Augusta will remain fur some time after their Majesties. Owing to the unfavourable weather yesterday their Majesties did not take their usual airing. his Grace the Duke of Wellington and Count Pozzo di Borgo arrived yesterday. The King gave audience to the Duke shortly after his arrival, and also to the Russian Ambassador. The King also honoured Mr., dward Tierney, one of the Crown solicitors in Ireland, with atOudience. The Duke of Welling ton and Count Pozzo di Borgirifinitted Brighton early this morn ing for town. MARRIAGES IN HMV LIFE. At Paris, the Hon. Colonel Caradotc C. 8., only son of General Lord Howden, to her Highness the Princess Ragra teon, Russia. Great wealth and high accomplishments are united by this happy event. Captain Doyle (son of Sir Charles Doyle) is about to lead to the altar Lady North, eldest daughter to the Countess of Guil ford. Both parties have been fur some time past sojourning at Brighton, and frequent guests at the rovol table. Accounts fr ont Madrid state that the Puke of Orleans is to marry one of the daughters of the infante Don Francisco de Paula. This princess has attained the age of 15, and is de scribed as beinc, by no means remarkable for her natural ac quirements—tlie match may therefore be considered as equa in ono respect, at least. 1 SPRING ASSIZES, 18M. • NORTHERN CIRCUIT. Mr. Baron Parke and Mr. Baron Alderson. Durham—February 28, at Durham. • Northumberland—Mar c h 4, at Newcastle-on-Tyne. Cumberland —March 9, at Carlisle. Westmoreland—March 12, at Appleby. Lancashire —March 14, at Lancaster. Yorkshire --March 28, at York. NORTH WALES. Mr. Baron Bolland. Montgomeryshire —March 7, at Welshpool. Merionethshire-IMarch 11, at Bala. Carnarvonshire—March 14, at Carnarvon. Anglesea—!perch 18, at Beaumaris. Denbighshire-IMar c h 21, at Ruthin. Flintshire—March 25, at Mold. Cheshire —March 28, at Chester. ,WESTERN -Mr. Justice Mattison and Mr. Baron Gurney. 'OXFORD —Mr. Justice James Park and Mr. Justice Cole ridge. Huns—Lord ChiefJustico Denman and Mr. Justice Gaselee. MIDLAND -..Lord Chief Justice T}•tidal atd Mr. Justice Lit tledale. NORFOLK —Lord Chief Baron, Lord Abinger, and Mr. Justice Vaughan. Soura WaLas—Mr. Justice Williams. THE RED ROVER'S SONG. A merry life is ours, I trow, • iiririle n'erthe billows surge we go; Our birthright —joy, to care unknown ; For time and pleasure are our own. O'er bounding main we boldly dash, 'Mid thunder's peal and lightning's flash ! The skies may frown, or be they fair, We seldom look and never care, But gaily sail, our track to keep, Upon the proud and peerless d ee p. The land we loathe —the sea we love, For joys it bath all joys above ! We joy to see the dolphins play Beneath the sun-lit sparkling spray ; To mark, while on our course we run, The splendour of the setting sun But 0 ! our greatest joy must be— To feel, t o k now, we ' re brave and free. 4•. ' Aw Kw no Sporatn.—We hear from Cottenburgh that the celebrated English sportsman, Mr. Lloyd, has had the mis fortune to shoot by mistake one of his favourite companions iu the chase, Swensson, instead of a bear; he wazi dressed in a black fur, with the hairy side outwards.—Gernian Paper. John Bailey, the clerk of the parish of Keinton Maudefield Somerset, died last week iu his 92d year, and was never known to claim the use of a stick to walk up to the day of his death. He and his father before him perfomed the office of clerk in the pa rish for wore than a century. The individual just dead offered, in his 88th year, fora wager of 20 sovereigns, to walk' 0 miles a day for six days; t o j ump a five barred gate at the end of the sixth day ; to ring the th ree church bells himself, and afterwards officiate as palish clerk on the seventh day. He never once missed per forming his duty for 56 years, from illness or any other cause. ENGLISH AND FRENCH . FistrEemErv.—The Memorial Diep pois, of the Sib instant, has the foll ow i ug :—" Fif teen or s i xteen English fishing-boats from Colchester have entered our port for the purpose of fishing oysters at Cape d'Ailly. Our autho rities take no measures for keeping them away, nor du our fishermen complain, which may be considered a new example of toleration and good neighbourhood towards the inhabitants of the English coast, who, in a recent inquiry relative to the state of their fishery, bitter* complained of the fishermen of Dieppe, Boulogne, and Calais, for having fished on their coasts." [ls it quite impossible that this "new example of toleration and good neighbourhood" may be attributable to the fact, that we have now a government willing to protect the lives and rights of our fishermen ? That the present ministers have this dispo sition has already been proved by the appointment of a cruiser off the Sussex coast, as mentioneil in the correspond e n ce be tween Capt. Pechel, M.P., and the Admiralty.—Albion.. LIVER THEATRE, CHURCH-STREET, SEVENTH AND LAST WEEK OF LIFE IN LIFERPOOL. I , IIIST NIGHTS OF ITS REPIMSENTATION AT THE PERIOD OF HALF PRICii. Ig\HIS present TUESDAY, the 17th inst., and during the week, the entertainments will commence with DON GIOVANI. Don Ginvani Miss E. Hamilton. Who will introduce several Songs. After which, the Interl eof THE BOLD DR GOON. In which Mr. Carter, late of the'; leatrylloyal, will. appear, being engaged for a Fnxfnight To conclude yfth LIFE IN LINyRPOOL. Principal characters by Messrs. Raymond, Hammond, Mel ville, Shaw, Simpson; Mrs. Raymond, Mrs. Hammond, Mrs. Herbert, &c. A variety of Dancing, by Mr., Mrs., and Miss F. Leclercq. Brothers Jackson will appear in a Triple Highland Strathspey. Tickets and Places to be had at the Box-office, each day, from Eleven till Three o'clock. Doors to be open at Half-past Six o'clock, Performance to commence at Seven. Boxes, 3s.—Pit, 2s.—Gallery, 6d. Second Price—Boxes, 2s.—Pit, Is.—No Second Price to the Gallery. Second Price at Half-past Eight. Under the Patronage of the MAYOR. fIIHIS present TUESDAY, the lith instant, Mr. and Mrs. A. SCOTT will have the honour of being AT HOME, to receive their Friends at the CONCERT-110011, ADELI'HI HOTEL. Mr. SCOrr will deliver a Lecture on Peculiarities, Character, and Manners, in which he will introduce numerous Imitations, Humorous Cuts, with various Embellishments, sing Nine Comic Songs, and personate about Fifty different Characters with that versatility of voice and fiwntenance that received universal admiration in Dublin. / The whole founded upon in Observations and Adventures (Jur . ' g A TRIP T PARIS. Mrs. Scott will pre s id e a t e Piano-forte, accompany the Songs,.and will play the following of Herz's favourite Pieces:— God save the King, with Variation s . Ai r Irlandaise Les Trois Graces. L a - Ci Darein la Mann. To conclude with Mr. Scott's Imitations of The late Mr. J. P. Kemble—The late Mr. Munden —Mr. Young—Mr. Blanchard—Mr. Macreadv—Mr. Win. Farren— The late Mr. Incledon—The late Mr. Elliston—Mr. Harley- , - Mr. Braham--The late Mr. Kean—Mr. Mitthews. The Chair will be taken at Eight o'clock. Tickets (Three Shillings each) to be had at the Bar of the Hotel; the different Music Shops in Towu4.and at RnKtivi , and DUCK wonwii's, Printers, Castle-street: BATTY'S ROYAL AMPHITHEATRE. r-pHIS present TUESDAY, the 17th, and TO-MORROW, (Weduemlay,) the 18th instant, the performances wit commence with THE BRAZEN HEAD; OR, CRIME, REPENTANCE, AND REMORSE. Adolphe Mr. Stirling. Peter Puff Mr._ Howard. Lovinskl Mrs. Stirling. THE ARENA PERFORMANCES Will embrace the united talent of illessrc Batty, llicken Powell, and the Infant Prodigy. To conclude with WALLACE. On THURSDAY, will be produ i d a new Historical Melo- Drama, c led THE HEIRES F BRUGES; OR, THE SEIGE F BASSENNA LT. An entire change in the Circle. To conclude with FALLACIII(); OR, THE FELON'S HATE. On MONDAY 'next, a new Nautical Drama, written by Mr. Stirling, entitled ENGLAND AND AMERICA; OR, THE FIDELITY OF A TAR. And, fur the first time in Liverpool, THE IItIiESISTIBLES ; OR, THE FEMALE GRENADIERS. Boxes, 2s.—Pit, Is.--Gallery, 6d. Children under Ten Half-price to the Boxes and Pit. Half price to the Boxes at Nine o'clock. Doors open at Six, and commence at Seven. THEATRE -ROYAL. Under the Patronage of the MAYOR and BAILIFFS. ITALIAN OPERA. For the BENEFIT of SIGNOR BOISRAGON THIS present TUESDAY, the 17th instant, will be per formed, for the third time, Rossini's celebrated and favourite Opera of LA GAZZA LADRA. Ninetta Madame Kyntherland. Giannetto Signor Deval. Podesta....Signor Marani. I Fernando.... Signor Boisragon. Lucia Madame Castelli. Fabrizio..Signor Galli. I Pippo.. Mademoiselle Isacco Signor Troyano. I Antonio Signor Cervalos. Between the Acts of the. Opera, Signora• CESAR/ has obligingly consented to sing Pacini's favourite Aria, "Quando Core." Mr. BROWN will play a favourite ocerto on the Flute. Signor BorsiLtoom will sing W s Grand Scene, f rom th e Freyschutz,—"S c h we i g ! a Sch ig! Damil Dich Niemen Dwarnt!" Subscriber's Tickets are not admitted on this evening. TO-MORROW, (Wednesday,) the 18th instant, will be per formed, for the second time, Rossini's celebrated Heroic Opera IL TANCREDI. The other most celebrated and favourite Operas which will be performed during the se ,son are Il Corradino, La Giulietta e Romeo, and La Semiramide, which Operas will be produced under the immediate superintendence of the Marquis de Muti Papazurri. Prices of Admission :—Lower Boxes, 43.; Upper Boxes an I Pit, 2s. 6d.; Gallery, Is. Books, with the words of the Opera, in Italian and English, may be had at the Theatre, price ls. Gd. Subscription Ticket (transferrable) for a Season of Two Months, 12 Representations each month, £1 4s. The Box-office is open daily from Eleve❑ o'clock till Four, where the Subscribers are respectfully requested to secure their places, a:; , 1 receive their Subscription Tickets, from Signor CA hflq, Box-office Keeper. Doors will be opened at Seven o'cloek, and the Performance will commence at Eight precisely. TO CORRESPONDENTS. In answer to a correspondent, who dates his letter from Ply mouth, we must refer him to the police. They will have no difficulty on the subject. Zbe Eiberpool *tanbarti. TUESDAY MORNING, FEBRUARY 17, 1831 The foreign journals are unusually dull, for it is diffi cult to cull a single extract tempting enough to present to our readers. In Portugal, the mercenaries who escaped from our gaols, in order to place. Donna MARIA on the throne, and who allowed themselves to be shot at for fourpence a day, are, now that the real war is over, shooting one another, which, by the way, is not such unchristian pastime as it looks, seeing that those who are shot escape the horrors of being starved. The he roes who have survived the contest are treated as they richly deserve, by the Portuguese government; for as there is little honour among thieves, despite the adage to the contrary, the strong are robbing the weak, the promises made are violated, they are not paid their ar rears, there is no allotment of land—no wages—no wine —no rations: The English adventurers were promised a certain portion of land in case of the successful termi •nation of the war, and a sufficiency of payilrreanwhile, to prevent them from plundering the hen roosts. The war is over—the infant princess is crowned—she is wedded, and the contest has terminated most auspi ciously for the Brazil family. What then ? Where is 'the land ? It may consist of castles and baronies in Spain, but certainly there are no fertile fields in Portu gal fcr the conquerors. They are glad to beg their tran sit home in steam boats—jaded and disappointed—poor and exhausted—without a feather in their caps, or a milrea in their pockets. Such is the reward of patriot ism on the banks of the Tagus. Upon the whole, we think those of the warriors the most fortunate whom the bullets of Don MIGUEL removed from a life of misery. It is, we admit, hard on the living ones to fight for no thing, and come back to gaol again ! In the affairs of Spain there is nothing of a decisive character, which we attribute to the winter season. The Queen Regent is most unfortunate in the choice of her favourites and her ministers. The latter seldom are in power longer than a month. In Madrid the troops, a few days ago, were murdering each other. The provinces are distracted, labour being much interrupted, credit utterly destroyed, and trade declining to a lamentable extent. If DON CARLOS should not succeed in regaining the supreme power before the month of May next, we hope the courts of Europe will interpose and put an end to so sanguinary a conflict, a conflict which would dis grace swages, in which no quarter is given on either side- In France ..matters are languid enough. The only interest in the newspapers is excited by the war to the knife which Louis PHILIPPE is carrying on against the conductors of the revolutionary press who placed him on the throne. Old. LAPITTE the banker, who was silly nough to be a patriot, is now a beggar, walking the FEBRUARY 17, 1835 streets, and loudly comp'aining that he has been cheated by somebody—he does not say by whom—it would be dangerous to name hirn—but everybody knows to whom the poor old body points. He is the greatest and richest rogue in all France ! Sir CHARLES MANNERS SUTTON has not a chance— the tories are doomed to annihilation—for, oh, cruel fortune ! Mr. DANIEL WHITTLE HARVEY has entered the lists against them ! The late member for- Colchester has written a letter to some anonymous person, in which he says:— " I am hurt that even one of my friends can harbour the no tion of its being possible for me to give my vote in _favour of any person or any measure which can condi uctircly yield the slightest countenance to toryism. I had hoped that my political conduct would have afforded an instant and indignant reply to the imputation." There is the cut direct ! Mr. HARVEY would have the 1 world to be informed that it is not possible for him, DANIEL the Second, to give his vote " in favour of any person or any measure which can constructively yield the slightest countenance to toryism !" How very unfortunate! It is bad enough to have DANIEL O'CONNELL against us; but to have DANIEL WHITTLE HARVEY too is a combination of unparalleled calamities. The strength of the former is in his tail, which, though docked lately, is still of considerable length ; but the power of the latter is, as recent events have proved. in his teeth and fingers, and a little in his tongue. However, the odds against the tories are terrific. The liberator commands the centre, Lord JOHN RUSSELL has the right flank, DANIEL WHITTLE HARVEY the left, and Sir WM. WALLACE, of Greenock, has the honour to lead the rear. We regret to say that Colonel WILLIAMS will not have an opportunity of distinguishing himself on the present " momentous occasion," he having, like Lord MOLYNEUX, Mr. G. W. WOOD, and others, recently declined the honour of a seat in parliament. Lord PAL MERSTON will not be present, for reasons of too delicate a nature to be mentioned publicly. Mr. Tnos. DuNcomßE, the representative of the independent dissenters of Fins bury, will be at his post ; but it will not be convenient for Col. TORRENS to attend. The tape, bobbinet, and pin interests will, we fear, suffer from the unexpected ab sence of Mr. JAMES MORRISON and Mr. WYNN Ellis, the former having retired from Ipswich, and the latter from Leicester. The worthy Mr. FAITHFUL will not, we are assured, take part on either side, as, owing to a slight accident, he does not happen to represent Brighton in the present parliament ; but his place will be supplied by Mr. JOHN GULLY. Against these heroes, each man being in himself a host, we confess with deep sorrow that we have no cham pions to match withal. We do not know a single tory whom we should like to name in the same sentence with either of the DANIELS, or Lord JOHN, or Mr. TnomAs DUNCOMBE, and the rest. They must, however, defend themselves in the best way they can; but it is a hard case, after being declared defunct more than eighteen months ago, that they should be revived at this "eventful crisis," only to be annihilated on Thursday next, at twelve o'clock precisely. We, therefore, turn from the tories to take a parting farewell with Mr. DANIEL WHITTLE HARVEY. He is a gem of the finest green, and of the rarest purity. The Morning Post has immortalized him; but that we have nothing to do with. Mr. HARVEY says that he will not vote for any person or measure which has the slightest connexion with toryism. Will the honourable member do us the favour to explain what he means by toryism . Perhaps not; but we apprehend that it means principles which are exactly the converse of those professed by Mr. DANIEL WHITTLE HARVEY. In this case a tory 43 a conserver and preserver - of the institutions of the country, of the laws, of the rights of property, and of the liberty of the subject. The modern liberal, however,—and Mr. HARVEY is a pattern one—is a leveller, who has no regard for any existing institutions, who cherishes a strong but natural hatred of the laws, who has no re - spect for the property of others, who would, on prin ciple, dip his cup in another man's sack, and, like cer tain active persons at Bartholomew fair, would provoke a riot, a sham one, or otherwise, in order that he and his worthy confederates might pick up something in the scramble- We are, therefore, right glad that Mr. DANIEL WHIT TLE HARVEY has the candour to abjure . toryism. We should feel degraded, if we had such a character in our camp. We are content that he should remain, to the latest hour of his life, the unflinching enemy of toryism. Mr. HARVEY would be an unknown cypher in society if lie did not profess patriotism. We never knew a man of his particular class who did not wrap himself up in a tri colour flag, sleep upon ROU SEAU ' S con f ess i ons , d r i n k d eep potations in honour of liberty, and stand before the mob as a towering patriot. On our side, even if he could be endured, which we take to be impossible, he could gain no laurels; he would acquire no renown; he would not be cheered by the plaudits of political scamps; he would not be able to plunge his hand into the coffers of the trea sury; in short, lie would not receive £5OO from•a gentle man " disreputably known in the city." So much for one of the DANIELS; but we hope we shall be enabled to give a still better account of the other in a few days. O'CONNELL is on his way to London. Good! • How long will it be before lie will be on his travels to Ireland again ? We give him a month. In the Manchester Chronicle of Saturday last there is an article on the bonding system which humorously enough displays the "ruling passion" of our worthy friends who live at the other end of the railway. We have no thing to complain of in the tone of our contemporary, who, we are glad to perceive, is now a good and zealous conservative ; but there is something in his argumentti of so whimsical a nature that we are apprehensive, if not quite confident, he has not examined his subject with due consideration. He says : " It is now more than a century since it was proposed by the minister of the (lay, Sir Robert Walpole, and insttwo and thirty' years since it came into operation; but such operation has been very nearly confined to the commercial, in exclusion to mauu.. facturing interests, all the acts of parliament from the 43d of George the Third to the 3d and 4th of William the Fourth, li miting its benefits to sea and other ports, such as Liverpool. Bristol, and Hull, London, Gloucester, Carlisle, Chester, and Exeter. " With regard to our right honourable representative, Mr. l'oulett Thomson, giving him full credit for the benefits he con ferred upon our trade by the repeal of the duty upon cotton prints, and by lowering the taxation upon many articles of con sumption in our manufactuies, still it does appear strange that, holding the responsible and effective situation he did - at the Board of Trade, nothing more was attempted by him than is glanced at in the quota,ion we have made. " The immense advantage of a railway communication .must be obvious to the most casual observer. That between Liver pool and Manchester has, however, afforded to the farmer muclt, more advantage than ought to have fallen to its share. That town has gathered to itself vast stores of the produce of the industry of Manchester and its neighbouring• towns, thus•ab stracting from this borough a great portion of its trade. Tb• , monopoly, too, in every article of foreign import enjoyed hyt Liverpool, has been consolidated by the opening of the railway. whilst it still continues to have the privileges of the bonding, system in exclusion to our town," Our contemporary does not seem to be aware of the important objects which Mr. PITT had in view, and which' he fully accomplished, by the "bonded system." The primary object was to secure as large a portion as possi ble of the carrying trade of the seas to British cons- merce. By admitting to the King's warehouses goods subject to high duties, if released for home consumption, but exportable, duty free, if released for a foreign mar ket, the merchants and shipowners of England obtained a preference in the carrying trade of the world, were en abled to compete with neutrals, and in fact had at one time nearly the whole carrying trade in their hands. Thus, at the outports, wine, brandy, sugar, corn, rice., timber, tobacco, and all commodities subject to duties, could be landed and reshipped when required, without trouble or expense. By means of this system England became the entrepot of Europe, and she wa s b es id es en abled thereby to keep alarger number of ships constantly on the ocean, and enlarge the nursery for her seamen. The idea of making inland towns the depositories of foreign produee, to be exported duty free, when required, 'never could have entered the head of any other man than a Manchester philosopher. Who would dream of pr as VY4 ........ 1 41 COI 1 ) 9i1 tO r 10C ject hap]