The Liverpool Standard and General Commercial Advertiser. — Liverpool, Merseyside, England, 1840-01-03 00:00:00

current year, caused a ruinous decline in prices, in spite of which the complaints of want of demand were loud and ge neral. The demand, however, must have been small only when compared with the magnitude of the stocks, for , ac cording to " Burn's Commercial Glance," it appears that although the export of twist was less for the firs t nine months by about one-seventh, that of all descriptions of goods, with but a few unimportant exceptions, was consider ably greater than during the corresponding period in the year before, whilst the home-trade is considered to have been tolerably satisfactory, notwithstanding the high price of bread. But the prospects have already begun to brighten ; the old stocks are cleared off ; the demand has become more regular and steady, and what with the advance in yarn and the fall in cotton, spinning is no longer, c onducted at a lo ss . The position of the importer has not ben less f the earlier unfo rtun ate. imports, With the exception of a small portion_o which were disposed of befOre the fall took place, and a few arrivals of the new crop, the entire import from the United States has either been sold, or is still held at a loss of pro bably not less than from £3 to £5 a bale. Such have been the baneful effects of a s ystem of paper-money upon the mercantile and manufacturing industry of this country—but the evil has worked its own cure ; the decline of credit which has rendered a large class of American securities valueless as a medium of exchange , has wrested from the banks of the union the power of dictating the terms upon which the ma nufacturers of Great Britain shall be supplied with an article of the first necessity. The dealings between the two coun tries must henceforth be carried on upon the sound commer cial principle of mutual benefit. The time is auspicious for the change, for by the concurrent testimony of all parties the crop is most abundant, being estimated by some as high as 1,750,000 bales; and by none lower than 1,650,000 bales. Prices have opened low on the other side, and it is greatly to be desired that they should rule proportionately low on this. A permanently cheap and plentiful supply of the raw mate rial is the . oee thing needful for infusing new life into every branch o f the cotton manufacture; it will create new uses, discover new markets, and give an impulse to the extension of this, the most important of all the departments of na tional industry, to which no man can prescribe limits ; and, if one of the conditions of these advantages should be a low rate of profit to the merchant and the manufacturer, they must look for a compensation in the increase of their busi ness, and, above all, in the exemption from risks which are inseparable from high prices and fluctuating markets. LIVER THEATRE, CHURCH-STREET. PAINTED CRIMSON AND GOLD CURTAIN, TOGETHER WITH A HAN'DSOMF. DROP SCENE. Mrs. WAYLErr, for a limited number of nights. Mrs. RAYMOND. Mr. HOSKINS, for a limited period. Mr. W. J. HAMMOND and Mr. RAYMOND. Mr. MARSHALL, (from the Theatre-Royal, Drury-lane,) Stage Manager. Mademoiselle t FIEVALErER, (from the theitre-Royal, Covent-garden.) Miss THOMASSIN and Miss LID A, (frouithe Theatre- Royal, Drury-lane.) Mr. F. GARDNER, for a limiteeriod. Mr. J. L. HATTON, (from the St. Jam es Theatre,) for a limited period. Mr. TILBURY, (from the Theatre-Royal, Covent-garden.) THIS present FRIDAY, Jan. 3,1840, and following even ing, the Entertainments will commence with a New Drama, written expressly for Mrs. Waylett, by the late J. H. Bayley, Esq., called CORK LEGS. Duval.... Mr. Tilbury Eulalie.... Mrs. Waylett. To which Will be added a new and popular Drama, called TILE KING'S GARDENER; OR, NIPPED IN TILE BUD. Galochard Aladame Galochard Mrs. Waylett. To conclude with a new version of the celebrated Historical Drama of JACK SHEPPARD; OR, TILE HOUSEBREAKER, OF 1703. Owen Wood.. Mr. Tilbury I Joe Blueskin. . Mr. J. L. Hatton Jack Sheppard.... Mrs. Barton. In the course of the Evening, a variety of SINGING and • DANCING. Boxes, 3s ; Pit, 2s ; Gallery, 6d. Second Price at Half past Eight. Boxes, 2s ; Pit, Is. No Second Price to the Gallery. Private B oxes, to contain Seven Persons, to be had nightly, price £1 Is. Tickets and Places to be had of Mr. BILEZE, at the Box-office, from 11 till 3 . o'clock. • Doors open at Half-past Six ; performance to commence at Seven precisely. The celebrated Drama of THE MAGIC VEIL ! or, The Fairy of the Lake, with selections from Auber, Herold, Boildeau, A. Lee, &c., as performed upwards of Fifty Nights last season, at the New Strand Theatre, and subsequently at the Theatre-Royal, Drury-lane, is in rehearsal, and will be speedily produced, with new and splendid scenery, decora t!ons, &c., under the direction of Mr. A. Lee. MI SS WHITNALL respectfully announces toper Friends and the Public, that she will give a CON,CERT, at the TEMPLARS' HALL, THIS EVENING, the 3d instant, for which she has engaged Mr. TEMPLETON, the eminent Vocalist, from Drury-lane and Covent-garden Theatres ; also Mr. FELIX GATAYES, the celebrated/Pianist. PRINCIPAL VOCALISTS . Miss WHITNALL, I Mr. B LLS, Mr. TEMPLETON, I Mr. P ;MERTON. Mr. E. BROWN, Flutist, will make his first appearance since his return from London. Conductor—Mr. GEORGE H OLDEN. Tickets, for the Body of the Hall, 6s. ; Gallery, 3s. each ; which, with Programmes, may be had at the Music Shops, and at Miss WHITNALCS, 33, Chester-street, Taxteth-park. The Doors will be opened at Half-past Seven o'clock ; Concert to commence at Eight precisely. TO PROPRIETORS OF NEWSPAPERS. AGENTLEMAN, conversant with the erar y and Me chanical Management of Newspapers, nd who has had many years' experience in Editing or Rep ting for some of the most respectable and influential j nali in the United Kingdom, is anxious to form an Enga _went with the Pro prietor of some Provincial Paper of sound Protestant and Conservative principles, as EDITOR, or ASSISTANT EDITOR and REPORTER. Satisfactory references will be given. and all communica tions addressed to W. R. B. Standard Office, Liverpool, immediately attended to. tbt Ziberpoot &tanbarb. FRIDAY MORNING, JANUARY 3, 184 O. We have:entered upon another year since the date of our, last publication. It now becomes us to take a glance at the present position of our country and its future prospects. We have had several years of Whig rule, and we have seen its ruinous effects upon our social . condition, our national institutions, and • our trade and commerce. The leaven of reform has been a long time at work, and the result has been the bitterness of disappointment. Liberal principles have had their full sway for some time, and they have issued in nothing but calamity. Have we any reason to hope for a salntary change in the affairs of this nation ? This is a momentous question, involv ing not only the interests of the present generation, but the happiness of unborn millions. Among the most encouraging signs of the times we reckon the growing unpopularity of the much-abused term " reform." Those who looked forwards to the ascendancy of liberalism in this country were wont to delude themselves with the hope that " reform" would prove a panacea for all the evils to which so ciety has been so long subject, and that it would elevate Great Britain into a position of unexampled prosperity. These futile expectations have proved as .." baseless as the fabric of a vision." The fond hopes and the brilliant anticipations engendered by the mania of " reform" have vanished like a day dieam; and now the term itself has become " a bye word and a reproach." Reflecting men have disco vered 'that " reform," in the mouths of liberal agi • tafrirs,. is but another name for revolution. Such uteri ; after yielding for a time to the popular impulse, have felt it necessary to make a stand in defence of on r tinge-reverend constitution, which they now per ceive is the grand object of radical assault. Hence have -sp rung the numerous conversions to the ranks of the Conservatives, among the most recent and most conspicuous instances of which we have great pride in enumerating those of the Marquis of Wellesley, Mr. Howard, and Sir George Cockburn. These, however, are far from being solitary instances. The progress of Conservative reaction is as universal as it is deep and permanent in its nature. In every direction we see incontrovertible evidence of this re action. Every fresh election which takes place affords additional and undeniable proofs of its ex istence. The town of Liverpool, at the last muni nicipal election, has afforded one of the most tri umphant instances of this return to constitutional opinions. A general election, whenever it may happen. will demonstrate, more strongly than ever, the predominance of Conservative principles. Even t h e Whig-Radicals themselves, through their lead ing organs of the press, are constrained to acknow ledgelhat another general election would prove a death-blow to all their hopes of future ascendancy, The matter is too self-evident to admit of a mo ment's doubt. In England the Conservatives would have an overwhelming mejority. In the counties, the prospects "of the liberals are utterly desperate; whilst many of the close pocket-boroughs would be rem- Cued from the degradation of having their represen tatives nominated by their Whig patrons. In Scot land the change is no less apparent. Radicalism is there at a woful discount, and two-thirds, at least, of the representatives for that country, at the next election, be Conservatives. 'Wales is emphati cally "all right," notwithstanding the recent Chartist outbreak in the south. Even in Ireland O'COnnell and •his tail are beginning to quake . . .Their desperate exertions in the courts of registry indicate the con aciommess of anticipated defeat. As far as the C: 6 4tri: 4 concerned, we may confidently assert that " the . iiearliVripe." The me asure of Whi g --,„ Radical **itY , has been filled. The reign of the faction is at an end. 'Mai are the causes of the Conservative reaction now ieLprogreit? • Thi s ques tion is easily disposed of. e *Pie of great Britain have discovered that the Whigs are h d political wisdom, 0 ow preten ers opo and that all their measures are fraught with ruin to the best interests of the country. The insolent and ty rannical career of these turbulent agitators who have obtained a temporary ascendancy in our Town Coun cils has done much to open the eyes of the public to the real character of those who have so impudently arrogated to themselves the name of liberals. The reckless proceedings of the traitorous Chartists, which have afforded such a pregnant illustration of the ultima ratio of "reform," have also caused the ranks of Conservatism to be crowded with converts. As far as the counties are concerned, the anti-corn-law agitators have decided the fate of every Whig-Radi cal candidate at the next election. In addition to these causes, we might enumerate the general de pression under which the trade and commerce of the country are labouring—the misery and distress en dured by the working classes—the impunity with which foreign encroachments on our trade are per mitted to escape—and the general decline of our colonial prosperity—all of which are attributable to the miserable, truckling, and ruinous policy of the present Government, and all of which contribute to increase their unpopularity and to hasten their downfall. is not, however, to be expected that the 'Whigs will quit office without a desperate struggle : but all their efforts to retain place and power will be in vain. They may again prostitute the Queen's name as a party watchword : but the trick is too stale to ren der them any service. It has been tried once too often to succeed. The expedient is too transparently dishonest any longer to deceive the public. They may make common cause with the selfish agitators of the anti-Corn-law league, and endeavour to work upon the feelings of the masses by raising the cry of " cheap bread." This will do them no good. The people of England arc too sensible not to per ceive that the cry of " cheap bread" is synonymous with " : low wages." It is even possible that the Ay4ig-.Radicals ; dicals, in their extremity, may identify themsekes with the Chartists : but, we would ask, are they so mad as to suppose that the great mass of the electors are favourable to the revolutionary doctrines of. Chartism ? An approximation to the Chartists would only still more irrevocably seal their fate. When we say that the people of this country are dis gusted with the very name of " reform," we do not wish to be understood that they are averse to such temperate changes in our institutions as are calcu lated to insure their stability and their permanency. The Conservatives are the only true reformers, as they are the only real liberals. They would wish to see removed from the glorious fabric of our consti tution those incrustations with which the lapse of time may have caused it to he disfigured. They would wish to see the splendid temple reared by the wisdom of our forefathers stand forth in all its pris tine grandeur : but this is a very different thing from wishing to rase it to the very foundation, and to erect upon its foundation the flimsy fabric of a republic. The latter is the object contemplated by what is designated " radical reform." Such reform we are bound to denounce, and such reform the patriotism of Englishmen will never permit to be accomplished. It is our firm conviction that the advent of Sir Robert Peel to office would be the prelude to a succession of useful, practical reforms, such as we have indi cated under the general term " improvements." He has already signalised himself by the introduction of several reforms in our criminal code, and he has always evinced his readiness to co-operate in the removal of all proved grievances and abuses. But is Sir Robert Peel's speedy advent to power pro bable ? We unhesitatingly answer, Yes ! Owing to the defections from the Ministerial camp, we believe that Sir Robert Peel can command a nume rical majority even in the present House of Com mons—a majority which will be still further in creased by the nine elections which must shortly take place. This country now wants a strong administration—an administration strong in the personal character of its members—strong in talent and aptitude for pub lic business—strong in the sympathy, confidence, and support of the public--and firm in its resolution to put down all disturbers of the peace. Chartism must be put down. Our cities and towns must no longer be the --acenes of midnight terror and incen diarism. SocialisM must- be put down. Our do - mestic circles must 'so longer be invaded by these " filthy dreamers." O'Counellism inust be, ,Put down. The loyal Protestants of Ireland must no longer be left a prey to the brutal ferocity of the Popish priesthood and their ensanguined followers. Rebellion must be put down in our colonies. The insolent interference of foreign powers with our trade and commerce must be put down, and the national flag must either escape insult or invoke retributive vengeance. The elements of such a strong administration are to he found in the ranks of the Conservative party, and in their ranks alone. We believe that the year upon which we have just entered will not pass away with out the formation of a Conservative ministry. The vessel of the state has been long approaching the breakers of destruction. It must be wrested from the hands of the present incapable crew, or it will speedily become an unsightly and ignoble wreck. The crisis has arrived, and all eyes are directed to Sir Robert Peel, as the " pilot that can weather the storm." At the present crisis, when the commercial and ma nufacturing interests of this country are labouring un der such a general depression, we cannot render a bet ter service to our country than by directing public at tention to the best means for avoiding, in future, the difficulties which are now so painfully experienced, and suggesting any plan which may have a tendency, not only to increase the trade and commerce of the coun try, but to place them on a firmer and amore enduring basis. Among the most prominent of the means by which in our belief, this country may be preserved from those embarrassments to which it has, of late years, been pe riodically subject, we would unhesitatingly mention the increase of our colonial trade—a trade which Great Britain has entirely under her control, and which is not liable to those ruinous fluctuations which are so fre quently experienced from the monetary difficulties of foreign states. Under the firm conviction that the colo nial trade of Great Britain is the most valuable, be cause the most stable, which she possesses, and that this trade is capable of an almost indefinite extension, we earnestly invite the attention of our contemporaries to this important subject. It has not hitherto met with that degree of consideration which it so impera tively demands. We would, therefore, most strenu ously urge upon our contemporaries the absolute ne cessity of a cOnsentanems movement in favour of "SHIPS, CoLONIEB, AND COMMERcE." While we thus invite the co-operation of our bre thren of the press in seeking to promote the prosperity of our colonial possessions, we trust that we shall be excused for giving a greater degree of prominence to, and bestowing more attention upon, those colonies with which we are best acquainted, and which we be lieve are most capable of improvement. While others may, either from a superior degree of information on the subject, or from personal predilections, give pre ference to the East Indies, to Australia, to New Zea land, to the Cape of Good Hope, or to Canada, as the most eligible of our colonies, and the most deserving of encouragement,—our own opinion is, that the West India islands and British Guiana present, at the pre sent moment, the most interesting field for the exercise of British enterprise, and most imperatively require the encouragement and protection of the Government. We are far, however, from wishing to confine the at tention of our readers to the West India colonies. England does not hold a single colony which is not, in a greater or less degree, deserving of encouragement. The resources of our colonies have not, in any instance that we are aware of, been fully developed : much less have they been, in any instance, exhausted. The co lonies in Southern Africa, which have already given rise to a profitable trade, - are capable of great extension and improvement. The country adjacent to Port Na tal, in particular, offers a most eligible site for a new colony; and we hope that the time is not far distant when the attention of Government, as well as of British capitalists, will be directed to this rich and fertile country. If properly governed, Southern Africa will, we have no doubt, in another geuration, contain a po- pulation of some millions, and give employment to a large proportion of our shipping. We make use of the terms if properly governed advisedly; because, unfor tunately, our colonies have hitherto been atroc;ously misgoverned. We do not exempt Tory administrations from this charge ; but we confidently assert that the colonial policy of the Whigs has been infinitely more ruinous in its consequences. The Mauritius is also a highly important colonial possession, the trade of which is capable of great ex tension. We are glad to perceive a considerable in crease in its exports during the last year. The em ployment of the Hill Coolies seems to have answered remarkably well in that colony. Their adaptation to the performance of field-work has been there tri umphantly proved. All the accounts received from the Mauritius represent the Coolies as perfectly satis fied with their treatment and condition ; so much so, indeed, as to express a general wish to have all their iends and relations removed from India to the same locality. The East Indies, again, present a boundless field for commercial enterprise. The teeming soil of this vast empire is capable of furnishing an amount of produce, many times over, equal in value to the whole of our manufactured exports. There is not a cotton or woollen factory in this country that might not be fully and most profitably occupied in producing ma nufactured fabrics for the East Indian market alone, if the resources of that magnificent appendage to the British Crown were adequately developed, and its af fairs prudently administered. Look, for instance, to the recent experiments in the growth of tea in Assam. Why should not this country be rendered independent of China in the supply of this article ? Nay, why should not England supply other countries with a pro duct of such general consumption ? Australia and New Zealand, again, are destined, under good government, to become populous and flou rishing colonies, and recipients of a very large propor tion of our exports. Already the shipping employed in the trade to our Australian possessions has attained an unexampled degree of prosperity ; and it is in creasing in a ratio which justifies us in asserting that it will, in a very few years, far exceed in tonnage the whole of our European trade. With the cast resources of the Canadas most of our readers are, we presume, acquainted. These colonies, if properly governed (for without this proviso our spe culations are without any foundation), might be ren dered of far greater value to this country than they are at present. We repeat our cordial wishes for the prosperity of all these colonies, and we shall hereafter embrace every opportunity we can to point out their resources, and to promote their interests. Our present object, how ever, is to bring before our readers the peculiar claims 'of the West India Islands and British Guiana upon the sympathies and protection of the people of this country. In our former articles on this subject, we have animadverted in strong terms on the inattention of the home Government to these colonies, and to the general mal-administration of their affairs. We are glad to find, from the tone of the Ministerial papers, that a more favourable impression has begun to ope rate upon the minds of those who have the direction of our colonial affairs. 'We trust the day is not far distant when justice to the West Indies will become a rallying cry throughout the country, and that this cry will meet with a ready echo from the Imperial Legis lature. On the resources and capabilities of the West Indies and British Guiana it is not our intention to enlarge at present. It is sufficient for us to say that they are capable of furnishing this country with all the staple products of tropical regions required for the consump tion of the entire population of Great Britain. All that is now wanted, to increase in a tenfold degree the exports of Sugar, Coffee, Cotton, &c. from the West Indies and British Guiana, is an adequate supply of manual labour, combined with a proportionate additional outlay of British capital. Even without the latter, an increased supply of labourers would immediately pro duce a favourable re-action on our colonial trade. Owing to the want of these the planters are cramped in their operations—their capital is being frittered away— their estates are going to ruin—our shipping and our seamen are lying idle—colonial produce is becoming dearer and dearer—and thousands of our manufactur ing population are thrown out of employment. These are evils which loudly and imperatively call for a remedy—a remedy at once prompt, adequate, and effective. Where are fresh labourers for our West India colo nies 10 - bC found? This question we have answered over and over again. It is useless to calculate, at least for some time to come, upon the increased disposition of the emancipated Negroes to perform field-work. They must be allowed time to settle down to habits of industry. The intoxicating influence of their newly acquired freedom has not yet subsided. But, even supposing that the whole of the present Negro popu lation of the West Indies were as diligent as they were under their for Mer system of coerced labour, there is still room for the employment of countless thousands in addition to their numbers ; and it is no exaggeration to say, that there are countless thousands who would be glad of having an opportunity of obtaining employ ment in the West Indies. Hindostan alone could spare a million of labourers, and would benefit by their removal. Africa, again, could spare its hundreds of thousands, to whom a removal to the West Indies would be a blessing. The extensive emigration of the African tribes to the West Indies, under the protection of the British flag, and under regulations strictly con sonant with the principles of British freedom, would strike a heavier blow at that foul traffic in human flesh, the Slave Trade, than it has ever yet experienced. For thirty years this country has been endeavouring to lAA an end to this abominable trade. This interference on behalf of the poor Africans has been dictated by the purest motives of humanity, but it has resulted in a system of cruelty, bondage, and torture, of which the people of this country have been, until very recently, utterly unconscious. We have already expended twenty millions of money and upwards in endeavour ing to put a stop to the slave trade ; the lives of hun- dreds of our brave and hardy seamen have been sacri ficed in this philanthropic enterprise; and it is true that we have rescued many thousands—yes, hundreds of thousands----from the numerous slavers that have been captured through the vigilance of our cruisers. But what has been the result of all this expenditure of le and money ? Where are the poor Africans that we have rescued from the crowded and pestilence creating holds of the slavers ? What has become of them ? Our readers will, no doubt, be astonished when we inform them that the greater proportion of these rescued Africans are now enduring all the horrors of SLAVERY in its most aggravated form! They are now quailing under the lash in the Brazils, Cuba, &c., in a hopeless state of bondage. Is it possible ! This is a very natural exclamation. These were the words to which Dr. Lushington involuntarily gave utterance when the subject was mentioned to him a few days ago. We shall shortly lay before our readers some more explicit information on this topic. Before we conclude these remarks we beg to direct the attention of our readers to an extract from the Morning Chronicle, which appears in another column. In the language of the extract we fully coincide. May we not augur from it the prospect of a cordial union of all parties in prosecuting an object of such incalcu lable importance ? The merchants of this town, connected in trade with the river Plate, have just addressed a highly compli mentary letter to our worthy representative, Cresswell Cresswell, Esq., conveying a vote of thanks for the valuable assistance which he rendered to their deputa tion in their conference with the Right Honorable Vis count Palmerston, on the subject of the blockade of Buenos Ayres, and other subjects set forth in their me morial, and also for the support which Mr. Cresswell subsequently gave to the further representations made on the subject of obtaining permission to bring away their property from Buenos Ayres, as well as for the lively interest which he manifested on their behalf, and the zealous manner in which he has co-operated with the deputation. We mention this to shoW the manner in which the mercantile interests of the town appreci ate Mr. Cresswell's attention. The Morning Chronicle seems to be so thoroughly the servant of O'Connell as to act bully for him upon all occa sions. It has lately furiously attacked the Earl of Bute, for refusing to give part of his estate to build a . popish chapel upon THE WOOL TRADE-THE ANNUAL CIRCULAR OF MESSRS. DAWSON AND HANCE. Atherton's Buildings, Dale-street, 31st Dec., 1839. Sta,—The demand for Foreign Wool during the past year was steady, and on the whole satisfactory, up to the month of October, when the pressure on the money market, during a long period of increasing severity, began to be more acutely felt in the Wool market, and the demand has continued to fall off until the present time, when it may be said to be al together suspended. The lower qualities, throughout the year, have been most in demand, Wools under 2s. value being in general consump tion, and of ready sale, if clean and free from objections otherwise, at from l jd. to 2d. per lb. reduction on last year's prices : but the finest classes of Spanish, German, and Odessa have declined materially, both in demand and value, and we estimate the reduction at the present tune 4d. to 6d. below last year's quotations. This remark applies also to the finer qualities of Australian Wools, though not to the same extent of depreciation. We do not anticipate any great deviation in the demand for middle and inferior qualities from the course of business in 1838 and 1839, in which years goods of coarser quality seem to have taken the lead, to the great exclusion of super fine articles, and therefore we see no proNiect, for some time, of a material increase in the value of Wools above 2s. per lb. present prices. In East India, Turkey, and Low Italian there has been a reduction of Id. to 11d. per lb. ; but the indisposition of holders to make any further sacrifices on their stocks, has of late kept prices tolerably steady, and confined the demand entirely to buyers for immediate consumption, in very limit ed quantities; and we do not look for any further decline in these Wools. Notwithstanding the great increase in the imports, as par ticularised at foot, the stocks of Foreign Wool are not large, nor in great variety; but the consumptive demand has mate rially diminished during the last three months, and we fear will continue languid for some time, unless the export de mand for goods and yarns improves considerably early in the Spring ; so that, under all circumstances, we cannot look forward to any material advance upon the present prices of Wool. DAWSON & HANCE. IMPORTS OF FOREIGN WOOL INTO THE PORT OF LIVERPOOL. 1837. 1838. Australian & Van Dienian's Land.. 7639 5039 4999 Spanish Portugal. German (chiefly coastwise). Russian. Cape of Good Hope Mediterranean Porta. 390 1316 419 2088 2711 4513 1610 2294 a - i2 4 75 5818 5017 66 4119 4975 3361 17611 25887 34331 30 79 5 1695 316 131 228 East India . Peruvian Danish Dutch 39 Buenos Ayres and Mode Video... 3897, Other Ports. 43304 49178 59417 PARTICULARS OF THE STOCK OF COTTON IN THE PORT OF LIVERPOOL, 31ST DECEMIIItD, 1839, 1838, AND 1837. 1839. • 1838. 1837. Sea .. Stained ditto Upland Alabama and Mobile . .. New Orleans 3550 3220 1460 800 1330 770 41210 68860 35290 33660 17640 5760 79140 98050 29970 Pernambuco and Ceara Maranham Bahia and Maceio Egyptian.. Demerara and Berbice . West India Carthagena Laguira, Ike Peruvian Smyrna . Surat . Madras . Bengal Manilla. 27792 .... 6BlO 11720 11780 .... 1160 9050 6,180 1750 8330 8330 11590 5320 13350 400 640 710 610 230 590 1000 4640 4690 1060 250 6310 1160 840 810 700 270 19 . 300 16510 39940 1890 400 2030 960 580 2100 30 480 206050 248340 170820 STOCKS IN THE PORTS OF LONDON AND GLASGOW, 30rn DECEMBER, 1839. London. Glasgow. Atlantic States New Orleans, &c 1 1370 9 69 5 1 85 4 Pernambuco 3O 28 Bahia, &c. Maranham Smyrna . Egyptian 5O 1000 Demerara and Berbice l5O 345 West India, &c... Bourbon Surat. Bengal Madras 31640 MISS WIIITNALL'S CONCIIRT.—We have great pleasure in directing the attention of our readers to the advertisement announcing the concert of our fair townswoman, Miss Whit nall, this evening (Friday), in the Templar's Hall, Great George-street. The programme is very attractive, and great judgment has been observed in selecting the music for the various performers. The principal vocalists are. Miss Whitnall, Mr. Templeton, Mr. Ball, and Mr. Pemberton. The celebrated paiuist, Mr. Felix Gatayes, and Mr. E. Brown, the flutist, will also appear, and, we doubt not, will amply gratify the auditory with their skill. Mr. G. Holden will officiate as conductor—so that we may congratulate Miss Whitnall on having secured the services of so much musical talent. We will conclude with a hope that she may find a generous response to her appeal. CONSERVATIVE DINNER IN SCOTLAND WARD.--We perceive froin the advertisement that the conservatives of Scotland Ward intend to celebrate the late glorious victory achieved in the return of Richard Houghton, Esq., by a dinner, which is to take place on Thursday next, at Mrs. Masker's, Burlington-street. The conservative members for the ward and several of the leading gentlemen in the same interest are expected to attend. CALEDONIAN BALL.—The second annual meeting of the Sons of Scotia took place on the last night of the old year, at Mr. Paterson's, Glasgow Arms, 20, William-street, when a very happy meeting took place. Mr. Millar took the chair during supper, and added much to the hilarity of those assembled. The wines and other liquors were of the best description, and the dance was kept up to a late hour. In fact, nothing could be more gratifying than to see the spirit in which the arrangements of the evening were conducted ; and much praise is due to the worthy landlord of the esta blishment for his endeavours to please those who partook of his hospitality. • CHURCH OF ENGLAND TOTAL ABSTINENCE SOCIETY. — A public tea party composed of the members and friends of the Liverpool Church of England Total Abstinence Society, took place on Wednesday, in the school-room belonging to St. Luke's Church, Cropper-street. The room was crowded with visitors, and had the committee been able to obtain a larger building it would have been filled. After tea and coffee had been served, the Rev H. S. Joseph took the chair, and delivered an interesting address in support of the principle of total abstinence from all intoxicating drinks. He strongly impressed upon the auditory the fact that total abstinence not only enabled men who practised it to enjoy sound health, but that it enabled them to perform their ordinary labours better, and to endure more fatigue, than those who were in the habit of observing mere temperance. The address of the rev. gen tleman was listened to with great attention, and elicited much applause. Mr. John Edwards next addressed the meeting ; he was followed by Mr. Colbert, Mr. Charles Watson, Mr. ';eorge Noscoe, Mr. John Booth, Mr. Leatherbarrow, Mr. Ashton, Mr. Morris, and Mr. G. Warburton. In the course of the evening a Female Total Abstinence Society was formed, and upwards of fifty ladies enrolled themselves as members. The proceedings terminated at ten o'clock by singing the doxology. LIVERPOOL COURT OF' PASSAGE.—Yesterday the Court of Passage for the trial of causes within the borough of Li verpool, was held in the Nisi Prius Court, before Charles Crompton, Esq., assessor. The cause-list contained three demurrers, 41 issues, and one writ of trial. There was rather a large attendance of gentlemen of the long robe. The only case worth notice tried yesterday, was the first of the issues. The plaintiff was Mr. Thomas Walker, pianoforte manufacturer, and the defendant, Mr. Richard Hoskins, the well known comedian, and the landlord of " Dick's Coffee House" in Murray-street, near the Theatre Royal. The action was brought to recover 1:17 Ss. Gd., the balance of an account of £42 Ss. Gd. for hire and tuning of pianofortes, and for a new pianoforte. The principal question was, whether the new pianoforte, which had been ordered to be made upon " the improved principle," and as good as could be made by a London maker for the money, was of the re- Mquired quality. It appeared that the order had been given in .March, the instrument was delivered on the 30th of April, and in October the defendant, finding that its qualities did not correspond with the order, intimated that he would give £lO to take it off his hands. Mr. Willan, Mr. Alexander Lee, Mr. William Dettmer, and Mr. James Edgar proved that the instrument was not worth more than from_.£2o.to £25. The price charged was 36 guineas. The jury found a verdict for the defendant. Mr. Murphy appeared for the plaintiff, and Mr. James for the defendant. The court ad journed about four o'clock until this morning (Friday.) OniwELLows' BALL.—On Tuesday evening, the mem bers of the Independent Order of Oddfellows held their an nual ball in the Music Hall, when about one thousand of the members, with their partners, made their appearance, dressed in a style suited to the occasion. It is gratifying to state, when the charitable object is taken into consideration, that so handsome an attendance was made. The room wits decorated with eight of the flags belonging to the order, as well as the small banners of the district, and those of the Widow and Orphan Fund. Mr. Sloan, D.G.M., had the dancing arrangements under his control, and, by the order displayed, showed that he had consulted the happiness and hilarity of those assembled. Mr. Phillips, of Christian street, was entrusted with the management of the orchestra, in which we noticed Mr. Tayleure, under whose soul-in spiring strains the company enjoyed themselves on tiptoe expectation that the proceeds of the evening would go far to sooth the distresses of those for whose sake the ball had been got up. The following lines were spoken as a commencement to the evening's proceedings : Let this night be to all one of pure joy, And let not factious jarring —peace destroy ; May mirth and happiness in every soul abound, And pleasure from each heart be thrown around ; That while we strive to please each other here, It may relieve the orphan of a tear. The widow, too, in silence as she mourns, Will bless our meeting—while her fond heart burns With heartfelt gratitude. Yes, the pure tears Of widows helpless—orphans young in years— Have all been numbered and preserved by flops, Nor from that crystal fount will one small drop Ere pass away, till in one jewel bright It chase from human misery its blackest night. From the number present, something like confusion migh have been expected, yet in this instance every one seemed a; if he were endeavouring to make his neighbour comfortable and happy ; and the meeting terminated in the utmost good humour, although coats and huts were exchanged un knowingly. PRESENTATION OF A MEDAL TO MR. C. S. RoWI.AxD. Ou last a dinner was given at Mr. Charles Edwards', the John Bull, Lumber-street, at which a splendid medal was presented to Mr. Rowland, having the following inscription :—" Zeal in a good cause deserves applause. Presented to C. S. Rowland, by the members of the Liver pool Protestant Benevolent Society, as a token of their respect to him for his unremitting exertions as the president of that society for the last eighteen months." On the ob verse was engraved the holy Bible, surtnotmted by a crown, with the motto, " If God be for us, who can be against us ?" The medal was executed by Mr. Isaac, Castle-street, and reflects great credit upon him us a talented engraver. The dinner was excellent, and the proceedings of the evening passed off with much . harmony and good feelin g . A mong other toasts proposed were the patrons of the society, the members for the borough. We are glad to find that this excellent society is prospering. It deserves the support of every operative protestant in town. THE NEWPORT INSURGENTS-SPECIAL COMMISSION. The judges returned to Monmouth on Monday, and on Tues dap morning proceeded to the court, accompanied by the high sheriff of the county, and preceded by two of the 12th Lan cers, two metropolitan policemen of the A division, and the different officers of the court. The 12 prisoners whose names appear in the indictment, were brought from Monmouth Goal to the court-house in the prison van, under an escort of Lan cers, the gaoler of Monmouth being assisted by four con stables of the A division. The prisoners were chained together in two gangs, six and six, and excited considerable interest and some commiseration among the spectators. They were immediatelyconducted to the cell underneath the court-house, and remained in custody of ten picked men from the London police, Great Scotland-yard. The Lancers were then ordered off to scour the adjacent country in all directions, in pickets of four or five men, expresses having, we believe, been re ceived of projected movements in the hills, but the public tranquillity was not disturbed. Soon after 10 o'clock their lordships, Lord Chief Justice Tindal, Mr. Baron Parke, and Mr. Justice Williams entered the court, and silence having been proclaimed, the names of the justices of the county were called over, during which Feargus O'Connor, who had arrived in town early the same morning, came into the court, and took his seat at the barristers table, next to Mr. Thomas. The court was much crowded. The Attorney and Solicitor-general, Sergeants Ludlow and Talfourd, with Messrs. Wightman and Talbot, appeared for the crown ; and Sir F. Pollock, with Mr. Kelly and Mr. Thomas, for the prisoner Frost. The 12 prisoners, John Frost, Charles Waters, John Lo vell, Richard Benfield, John Rees, George Turner, alias Coles, Zephaniah Williams, Edmund Edmonds, Jenkin Mor gan, Soloman Brittan, William Jones, and James Aust, were then placed at the bar, and the indictment read. Frost was dressed in black, and all the prisoners maintained a decent composure. Frost, particularly, although looking as serious as a person in such a situation should, yet was perfectly calm and composed. The prisoners were severally called upon as to whether they meant to sever in their challenges of the jury, and they all an swered that they did. The jury were then called over in the case of Frost, and the other prisoners were removed. Sir F. Pollock applied for his client to be accommodated with a chair, on the ground of illness. The Chief Justice intimated that, if at any time there should be the slightest inconvenience, or the prisoner should be tired, he might sit. Sir F. Pollock then applied for the names of the jurors to be taken from the alphabetical list by ballot. The Attorney-general said, from the time of the 7th Wil liam 111. down to the present time, he believed the form of proceeding now moved for had never been adopted. The course had always been to begin with the names at the top of the list. Proceedings of this nature had been conducted be fore great and constitutional judges, and the rule had now come down to their lordships, and was such as he submitted they would follow. If, however, their lordships should think it would in the slightest degree promote not only the admi nistration of justice, but remove from it all suspicion, he would pray that there should be the departure from the usual course altogether. Chief Justice Tindal having consulted the other learned judges, stated that, if this application had been opposed, the court would not have conceded to the objection, because, so far from being injurious, it was an advantage to the prisoner. The sheriff in ordinary cases had the right to take the list fairly and impartially, and put their names in what order he thought fit, and the usual course was for the names of the jury to be called as they appeared in that list ; therefore, there could not be any disadvantage. The sheriff had ar ranged them in a manner that the learned counsel could hardly say that any person had been selected for a particular purpose. Still, as no opposition was made by the attorney general, the court would .ellow the names to be called by ballot. The names of the jury -men were then called from the bal lotting-box. Ten names were challenged by the prisoner, and one on the part of the crown. Sir F. Pollock objected to peremptory challenge by the crown, and was followed by Mr. Kelly. After some discussion, the challenge was allowed. The day was taken up in hearing the challenges, and the trial was to commence on Wednesday morning. MONMOUTH, TUESDAY, DEC. 31. There now being 12 jurymen sworn in the box, their names were called over, and the following persons composed the jury John Daniel, of Abergavenny, haberdasher. Thomas Davies, of Abergavenny, butcher. Richard Lewis, of Lanv air, Disceed, farmer. Edward Brittle, of Mitchell Troy, farmer. James Hollings, of Monmouth, ironmonger. Thomas Jones, of Greathouse Nash, farmer. Edward Reece, of Lanmartain, farmer. Edward Smith, of Chepstow, coachmaker. Christopher John, of Redwick, farmer. William Williams, of Langattock-nigh-Usk, farmer. John Richards, of Chepstow, baker. John Chapel Smith, of Chepstow, grocer. MONMOUTH, WEDNESDAY, JAN. 1. This morning, pursuant to the adjournment of last night, the Court was open at seven o'clock. The Judges having taken their seats, and the Jury having been brought into their box, Mr Bellamy directed John Frost to be placed at the bar. The names of the jury having been called over, and Mr. TALBOT having briefly stated the nature of the indict ment, Sir F. Por.uoca rose, and objected that the prisoner had not had any list of witnesses delivered to him, pursuant to the statute, and therefore no witness could be called, but their lordships refused to interfere, as the Attorney-General was prepared to prove that a list of the witnesses had been delivered at the request of the prisoner, pursuant to the statute. The ATTORNEY.GENznAL then proceeded to address the jury :—May it please your lordships, gentlemen of the jury : In the discharge of my official duty, I have the honour to attend you to conduct this important prosecution ; and I hope you will believe that my only object is that the facts of the case may be fairly laid before you ; that truth may be fully investigated ; that innocence may be vindicated, if in nocence exists ; and that you should only pronounce a verdict of guilty upon clear and convincing evidence. Gentlemen, it is highly important that parties accused should be zealously and ably defended ; but it is also of importance that the law should be vindicated, that the peace of society should be preserved, and that where crimes have been committed, the criminals should be brought to punishment. Gentlemen, I think no one will deny the necessity of the solemn inquiry in which we are engaged. There has recently been in this county an armed insurrection, the law has been set at defi ance, there has been an attempt to take possession of the town of Newport, there has been a conflict between the in surgents and the Queen's troops, there has been bloodshed, the loss of many lives. Gentlemen, the intelligence of these outrages has caused alarm and dismay throughout the king dom. Gentlemen, various persons charged with having been concerned in these outrages were committed on a charge of the highest crime known to our law, not only on account of the importance of the occasion, but from the forms of law, made it necessary that her Majesty's special commission should issue for the trial of the persons charged. Gentlemen, a bill of indictment for high treason has been found against many persons, and amongst others against the prisoner at the bar, and it is fit he should be put upon his trial ; and, unless there is strong, clear, and convincing evidence to , bring home the guilt imputed to him, it will be your duty to say he is not guilty. Gentlemen, I need hardly caution you to dismiss from your recollection all you may have read or heard upon this subject. You are to be guided only by the evidence, and you will pro ceed as if you had never heard of the case until the in dictment was read. Gentlemen, I would further use the liberty to say,—you are not to regard my statement either as to the law or the facts ; the law you will receive from the vefterable judges who preside here ; the facts you will hear from the witnesses, and you will be guided entirely by the evidence they give, and the :credit you think their evidence entitled to. Gentlemen, a most important charge is given to you to consider of the guilt or innocence of the prisoner. No man can have higher functions to discharge. The life and the reputation of the accused are in your hands ; but I would likewise remind you there are in your hands the pub lic safety and public justice of the country. Gentlemen, this indictment against John Frost, consists of four counts. — There are two for levying war against her Majesty, in her realm ; the third is for compassing to depose the Queen from her Royal throne ; and the fourth is for compassing to levy war against the Queen with intent to compel her to change her measures. Gentlemen, I believe, according to the in structions I have received, that there will be evidence which will bring home the charge against the prisoner at the bar upon each of these four counts ; but it is probable that your attention may be chiefly directed to the two first counts of the indictment for levying war against the Queen in her realm. Gentlemen, where two counts are framed upon an ancient act of Parliament passed in the 25th Edward 111., a statute which has been considered the safeguard of the liberties of English men, another Magna Charta—a statute, which if properly enforced, is to be considered a safeguard of the public peace and of the tranquility of society ; it is a statute neither to be strained nor evaded. Gentlemen, there had been in the reign of Edward 111. complaints that the law of freedom was vague and unknown, and to secure the country from that miserable servitude this statute was passed. It was entitled " A Declaration which offences shall be adjudged Treason," and it thus begins—" Item, whereas divers opinions have been before this time, in what case treason shall be laid, and in what not. The King, at the request of the Lords, and of the Commons, hath made a declaration in the manner as herein after followeth ; that is to say"—now these things that follow are to be declared treason—" When a man doth compass or imagine the death of our Lord the King, or if a man do levy war against our Lord the King in his realm, or be adherent to the King's enemies in his realm, giving to them aid and comfort in the realm, and thereof be probably attainted of open deed by the people of their condition." It is therefore hereby declared to be substantive treason to levy war against the King in his realm, and that is to be proved by acts that are done, and it must be proved clearly and satisfac torily. But then, gentlemen, it is not every breach of the public peace, even with an armed force, that makes out the crime of treason •, it must be by some public and premedi tated plan, and this is guarded by the statute itself, for the statute goes on with an enactment—" And if percase any man ride armed, covertly or secretly, with men of arms against any other, to slay him, or rob him, ortake him, or retain him, till he hath made fine or ransom or to have his deliverance, it is not the mind of the King or his council that in such case it shall be judged treason, but shall be judged felony or tres pass, according to the laws of the land of old time used, and according as the case requireth." Therefore, gentlemen, you have the line drawn by the statute itself, for " it is not to be held treason to ride armed to slay a person, or to rob him, or to take him, or retain him till he bath made fine or ransom to have his deliverance." Whenever there is a private wrong only to be complained of, , a private grievance to be redressed, or a private object to be attained, although force may be used, and although this is an offence against the law, it does not amount to the crime of treason ; but where you have an armed force setting the law at defiance for a general object, gentlemen, that is an offence comprehended by that act of Parliament. Levying war against the King does not mean merely heading a force by a pretender to the crown, according to the ancient wars we had in the wars between the houses of York and Lancaster, or in 1745, but it is where there is an armed force seeking to supersede the law and to gain some public object. Gentle men, that of course is not to act upon any authority. Gen tlemen, I will state to you upon this subject the authority of one of the most eminent and most constitutional of judges that ever adorned the English bench—l mean Sir Michael. Foster. Gentlemen, he has defined the offence that this statute comprehends, and after pointing out that it is not to apply to private cases, he goes on thus. I will read. the of the passage that it may be fairly before you :--" The case of the Earls of Glocester and Hereford, and manystbel cases cited by Hale, some before the Statute of Treilleon, an d . others after it. These assemblies, though attended mr! them with bloodshed, and with the ordinary apparlir war, were not holden to be treasonable assemblefr, were not in construction of law raised 'agai nst the or to remove King or nal his Royal Majesty, but for purpose ro s:of w : ai e n P l . p a n 9 va P e te rs° claim the reason nature. Upon the same principle, an!' w i th in•• and equity of the statute, risings to persons, without of right or to destroy particular point particular enclosures, of interest, the parties assembled for these purposes, or to nuisances which affected, or were thought to affect, in break prisons in order to release holden any other acts, have not been to be a levying of war within the statute ; . an d upon the same principle, I think, it was very rightly held by five of the judges, that the rising of the weavers about London did not amount to a levying war, although great outrages were committed on that occasion, not only in London, but in the adjacent country, for these judges considered the whole affair merely as a private quarrel in order to prevent the use of a particular en gine. Five of the judges were of a different opinion, but the Attorney-General thought proper to proceed for a riot only." These are the instances in which he says the statute does not apply ; but every in s u rr e c tio n intended against the person of the King to dethrone him, or to compel him to alter his government, these cases amount to levying war within the statute, and every conspiracy to levy war in an overt act for these purposes cannot be effected by numbers without manifest danger. Then follows this passage :—" In order to throw down all institutions, to alter the established law or change the religion of the country, or open all prisons, all risings in order to effect these invasions of the public and ge neral concern by an armed force, are high treason within the clause of levying war ; f or though they are not levied at the person of the King, they are against the Royal Majesty, and have a direct tendency to dissolve all the bonds of society, and destroy all property and government by an armed force ; insurrection for redressing nationalgrievances, or for reform ing real or imaginary evils, risings of this kind are, by con struction of law, within the clause of levying war, for they are levelled at the King's crown and royal dignity." Gen tlemen, it will not be said, I hope in this case, that we are resorting to constructive treason ; we seek to bring our ease within the specific offence defined by the act of Parliament, as that law as for ever been enforced. Gentlemen, if these avowed insurrections were not to be considered as treason, and to be punished with great severity, what safety would there be for society ? There are many temptations of re venge, of wrongheaded zeal, which may lead individuals to attempt to bring about a revolution in the government and change the existing state of affairs. Such attempts, if made by one may be made by many, and the consequence would be, a general dissolution of society, confusion, and disorder. Gentlemen, there is another passage in Foster's Law, which follows soon after, in section 10 :—" Taking the King's forces upon a march is levying war against the King : if upon a sudden quarrel, from some afront given or taken, the neighbourhood should rise and drive the forces out of their quarters, that would be a great misdemeanor, and if death should ensue, it may be felony in the assailants, but it will not be treason, because there was no intention against the King's person or Government." You have it here again laid down that attacking the King's formes in op position to his authority, is levying war against the King. If it should be upon some sudden provocation, or without pre meditation, it would not be a levying of war • but where it is an attack upon the King's troops by premeditation and de sign, that is a substantive offence within the act of Parlia ment. Gentlemen, by the 3Gth of George 111., chapter 7, the law of treason is clearly defined ; it is enacted " that if any person or persons whatever within the realm, or without, compass, imagine, invent, devise, or intend death or destruc tion, or any bodily harm tending to death or destruction, maim or wounding, imprisonment or restraint of the person of our Sovereign Lord the King, his heirs and successors, or to deprive or depose him, or there, from the style, honour, or kingly name of the Imperial Crown of this realm, or of any other part of his Majesty's dotninions or countries, or to levy war against his Majesty, his heirs and successors within this realm, in order by force or constraint to compel him or them to change his or their measures or counsels, or in order to put any force or constraint upon or to intimidate or over awe both houses or either house of Parliament, or to move or stir any foreigner or stranger with force to invade this realm or any other his Majesty's dominions, or countries under the obeisance of his Majesty, his heirs, and successors, and such compassings, imaginations, inventions, devices, or intentions, or any of them shall express, utter, or declare, by publishing any printing or writing, or by any overt act or deed being legally convicted thereof, upon the oaths of two lawful and credible witnesses upon trial, or otherwise con victed or attainted by due course of law, then every such person and persons so as aforesaid offending, shall be deemed, declared, and adjudged to be a traitor or traitors." Gentlemen, the third count of this indictment charges the prisoner at the bar with compassing, or imagining to dethrone our Sovereign Lady the Queen, and to depose her from her Royal state and Kingly dignity ; and in order to prove this it will be necessary to show you that certain overt acts were done, and it will appear that there was an armed insurrection of a public nature raised and made within the realm with the intention of superseding and destroying the authority of the Crown. This, then, gentlemen, being proved before you by the oaths of two credible witnesses, as I am instructed they will be, then these overt acts, being so proved, I will say, under the direction of my Lords who preside here, amount to the crime of high treason. Gentlemen, the last count of the indictment charges the prisoners with others, with en deavouring to compel Her Majesty, by force, to change her measures, and this charge also must be proved by overt acts, and if it be so proved, why, then, there is a clear levying of war within the meaning of the statute. Gentlemen, before I conclude these few and brief observations upon the law of treason, I will, with all humble submission to my Lords, beg to refer you to the latest authority upon the law of trea son. The authority of my Lord Tenterden, in the trial of Arthur Thistlewood and others, and from which it will be seen, that from the time of Sir Michael Foster down to the present, Sir M. Foster's views of the law of treason had been universally adopted. In the 33d volume of Slate Trials, page GB4, the Lord Chief Justice Tenterden used these words—" Before the passing of the late statute, it had been settled by several cases actually adjudged, and by the opinions of the text writers upon this branch of the law, that all attempts to depose the 'King from his Royal state and title, to restrain his person"— The LORD CHIEF JUSTICE.—Who was it said this, Mr. Attorney ? The ATTORNEY-GENERAL.—My Lord Tenterden, my lords. The LORD CHIEF JUSTICE.—Then Sir Charles Abbott. The ATTORNEY-GENERAL.—Yes, my lord. He was charging the grand inquest, and he says, Before the pass ing of the late statute, it had been settled by several eases actually adjudged, and by the opinions of the text writers on this branch of the law, that all attempts to depose the King from his royal state and title, to restrain his person, or to levy war against him, and all conspiracies, consultations, and agreements for the accomplishment of those objects were overt acts of compassing and imagining the death of the King. By this statute, the compassing or intending to com mit these acts—that is, to depose his Majesty, to restrain his person, or to levy war against him, for such purposes, is a substantive treason, and thereby the law is rendered more clear and plain, both to those who are bound to obey it, and those who are engaged in the administration of it. It may be proper for me to add, that it has been established in like manner that the pomp and circumstances of military array, such as usually attend regular warfare, are by no means ne cessary to constitute an actual levying of war within the true meaning of the ancient statute." And this, gentlemen, you will particularly observe to be the case, fur the learned judge whom I have been quoting continues :—lnsurrections and risings, for the purpose of effecting by force and numbers —however ill arranged, provided, or organized—any insur rection of a public nature, for redress of supposed public grievances, in which the parties had no special or par ticular interest or concern, have been deemed instances of the actual levying of war, and consequently to com pass or imagine such an insurrection, in order, by force and numbers, to compel his Majesty to alter his mea sures or counsels, will be to compass or imagine the le vying of war against his Majesty for that purpose, within the just meaning of the modern statute. Rebellion at its first commencement is rarely found in military discipline or array, although a little success may soon enable its actors to assume them." Thus then, gentlemen, you find the learned Judge who presided upon this not very distant occasion, bearing out fully the same view of the law of treason which had been taken by Sir M. Foster, and therefore all insurrec- tions of a public nature, in which the parties have even no special or particular interest or concern, have been deemed treasons, and levyings of war, within the meaning of the statute. But, gentlemen, I need not pursue this branch of the subject further, as I am not aware that any doubts will arise as to the nature, state, and meaning of the law. I will therefore, gentlemen, at once proceed to give you a short outline of the facts which arose from and during this insur rection and these disturbances of the public peace ; and first, gentlemen, I would beg to draw your attention to the geo graphical character of the country in which this insurrection took place, Gentlemen, I will beg to describe to you what is called the Hill district,which may, perhaps, be well known to many of you. This district, gentlemen, is of a moun tainous character, and triangular form, having for its apex a place called Risca, which is about five miles from New port, its base being about 15 or 20 miles from it. Gentle men, it is bounded on the west by places which are called Beaufort and Nant-y-Glo, and upon the east by Blanadon. This country, gentlemen, is intersected by deep glens, which are watered_by the various mountain streams the principal of which proceed from Rhymney in the west, and from Sirrhowy in the east, after which comes the Ebbw, and they proceed down until they join, and then near Ponty pool there is the Avon. Gentlemen, that country, as you are aware, abounds in every part with mines of coal and of iron, which have been of late years worked to a very consi derable extent, so that in a district where, 50 years since, there were scarcely any inhabitants, save the scattered huts of a few shepherds and mnuntaineera, there is now a dense population amounting. according, I believe, to the nearest possible computation, to upwards of 40,000, almost all of whom are engaged in the mining and coal districts. Gen tlemen, I am afraid that this population are not of the most peaceable description—l am afraid, gentlemen, that their ig norance prevails to a very great extent, and that the people, in consequence, are easily subject to be misled and practised upon by evil and designing men, who, gentlemen, I am afraid, have, by means of certain societies, organized the population into a considerable degree, and that the organization has been so carried on that a command may be readily circulated among the population, and as speedily obeyed. This, gen tlemen, I believe, is an accurate view of the state of this po pulation, and I regret to find that it should be so. Gentle men, it appears that the prisoner, John Frost, has been, for many years a linendraper, and had obtained an influence upon the population which I have been describing to a very con siderable extent. Then, Gentlemen, the town of Newport, as you are aware, is the outport to which the commodities from the hills arrive,—a town of considerable importance,— the outport to Bristol, and the various parts of England and abroad,—the high road to Birmingham, and the manufacto ries to the north. Gentle men , u p on the week previous to the rising which took place, and there were various consulta tions and meetings, at which the plans laid were discussed, at which meetings and discussions Mr. Frost was present. These meetings were chiefly held, it appears, at Blackwood, at a public-house there, at which the lodge was held. Gen tlemen, there was one of these meetings held at Blackwood, a most important one, upon the Friday preceding the day of the insurrection ; at which meeting various deputies attended, and a return of the numbers of.the armed force which could be mustered was made, and there the plan was laid for the scheme which was afterwards to be carried into effect. Gen tlemen, what was that scheme? It wa s a rranged that they should assemble on the night of Sunday, the 4th of Nov. Mr. Serjeant Luneow.—Sunday, the 3d of Novernber. The ATTORNEY-GENERAL.--Gentlemen , 1 Wr very for Monday, the and properly reminded by my friend,learnedbr, it Ser jeant Ludlow, that it was the 3d of November, .night of I gentlemen, assemble on the the day of the insurrection, was the 4th. was there arranged that they should Sunday, the 3d of November, in th t r o ee . . ie principal divisions. par t which the prisoner had [The learned counsel then entered in. t, l !letails . of th e l ate period of his capture. As insurrection, specifying the appeared in our columns we do taken in the proceedings up to the . these details have already not think it necessary to repeat them, He then proceeded] —Gentlemen, peace a nd tranquility was thus restored, and, gentlemen, it will be for you to say, if these facts are proved, whether there can be any reasonable d ou b t i n your minds of the guilt of the prisoner. no w are those facts, gentlemen, to be proved? With regard to the main circumstance of the cas e, no doubt can possibly be entertained. I shall prove the f ac t s by witnesses above all exception, wholly unconnected with these disturbances, who are trying to establish peace and restore tranquility. With regard to particular declarations ma de by Mr. Frost, which for the present I avoid detailing to you, these. most undoubtedly, will much depend upon the evidence of persons who were concerned with him in that insurrection. Gentlemen, my learned friend will f no doubt, make comments on their testimony, as he will be fully jus tified in _ping, and he will call them accomplices. Gen tlemen, whether they were there voluntarily or by compul sion, there can hem doubt that their evidence is to be re ceived with suspicion : it is to be weighed with caution ; but if you do sift their evidence, and if you do see no reason to question their veracity, then, gentlemen, you will not hesitate to believe the evidence they give. Such evidence, gentlemen, in such a case, must be laid before a jury. Gen tlemen, it is quite clear that treasonable consultations newt will be held in public. How, then, are they to be proved? It must be by the employment of spies and informers, whose evidence has always been condemned, and very often disbe lieved, or it must be by the evidence of those who were ae- *•44 i ' 4 ,4 tually in some degree connected with them. Gentlemen, in this case I propose to call before you no spy nor informer, for none such were employed ; but I do propose to call be fore you several who were employed more or less in this insurrection, and who, I submit to you, may be safely trusted if their evidence shall be consistent if they shall be corroborated in the main facts to which' they speak. Upon that evidence, as it humbly. seems to me, no doubt at all can exist in your minds with regard to the guilt of the prisoner. Gentlemen, it gives me the most sincere s a ti s f act i on to fi n d t h at h e is defended by counsel of the first eminence and the first talents at the bar of England; everything that zeal, everything that learning, everything that eloquence can do will be accomplished in his case ; so that the result of this trial must be satisfactory to the pub lic justice of the country. Gentlemen, I own, it seems to me, my learned friends, upon the proof of these facts, must have a very difficult task to perform. I think they will hardly deny the law of high treason as it is laid down by Lord Coke, by Mr. J.ustice Forster, and Lord Ten terden, and that there was here, according to evidence, an armed insurrection, very forruidable in numbers, with a public purpose ; and that there was actually a conflict with the Queen's troops, not accidental, not any sudden affray, but with premeditation and desigu. Will my learned friend say that there are some private objects which the prisoner sought to attain ? Gentlemen, what that was lam wholly at a loss for conjecture. I hear nothing of private wrongs—l hear nothing of any private grievance. This was not a meeting for dis cussion; it was not a ree,etipg for petitioning the Queen, or either House of Parftament ; it was not a meeting arising out of any dispute between masters and servants in the coal or iron trade ; it was not, gentlemen, any sudden outbreak from want of employment, or for want of food ; for I believe, when the inquiry is made, it will turn out that the coal and iron trade had seldom been more prosperous; wages were high ; and those who were engaged in this insurrection had no pri vate grievance which they wished to redress. Then, gentle men, what is the conclusion to be drawn ? That the wit nesses whom I shall call before you speak the truth—that there was this public object—by armed force to change the and constitution of the country. Gentlemen, unless the of fence is clearly and satisfactorily made out, no question it will be your duty to acquit the prisoner, and you will have satisfaction in doing so. But, gentlemen, if the case should be clearly and satisfactorily established, you will act the manly part ; you will not shrink from your duty, whatever may be the consequences. Gentlemen, it imports us all, in what ever situation of life we may be—it imports us all that the law should be respected and obeyed, whether landed pro prietors or farmers, merchants or tradesmen, whatever our position, be our station in life ever so humble, it equally im ports us all that such tumults should effectually be sup pressed • it equally imports us a ll, fo r the sa k e o f the inno cent, that the punishment of the guilty should take place. Gentlemen, I have given you a short outline of the facts that are to be laid before you. 1 have omitted circum stances that you will find conic out in evidence. I have avoided particular expressions, which you will hear much better from witnesses whom I will now proceed to call before you. Gentlemen, an intimation has been given on the part ottbe counsel for die prisoner, that the proper forms of law have not been observed. If, gentlemen, that should turn out to be the case, by all means let the prisoner have the benefit of the irregularity. But I believe it will turn out that the forms of law have been most strictly pursued-- that there has been every attempt to give the prisouer every advantage—that in every department by which this prosecu tion has been conducted, a desire has been shown that those who are accused should have the most ample opportunity for preparation, and for vindicating themselves, if they are in nocent. Gentlemen, in eases of high treason, which are cases of groat importance to the accused, the law has more particularly guarded those against whom the charge is brought. It has given ample opportunity to know what the nature of the charge is, who are the witnesses by whom the prisoner is to be tried. Gentlemen, it will turn out in this case that Mr. Frost has had the most ample opportunity of knowing the nature of the charge, the names of the witnesses to be adduced against him, and of the jury by whom he is to be tried. I believe that no form has been omitted, and that no form will at all interpose to prevent the justice of the country from proceeding. Gentlemen, I have no doubt that the witnesses being called and examined, and you having heard what they have to say, and having listened with all re spect which is due to the arguments and observations that may be adduced on the part of the prisoner, your important duty will arise to give a verdict of guilty or not guilty, and I do not doubt for one moment that that verdict will be just towards tie prisoner, and .satisfaetory to the public justice of the country. The SoetelTOß-GENERAL then called Samuel Simmonds to be sworn and examined as a witness, when he was interrupted by Sir F. POLLOCK, who stated to the court that they had had no list of witnesses in which this name appeared, deli vered in pursuance to the act of parliament. He therefore called upon his learned friend to shew that a list had been delivered in pursuance of the act, containing the name of the witness now proposed to be examined. The ATTORNEY-GENEKAL then called upon Mr. George Maule, the solicitor to the treasury, to prove the delivery to the prisoner of a list in which was contained the name of Samuel Simmonds. This point being established, Sir P. POLLOCK then objected to the description of the witness as insuffictent. But that was a subordinate point. It was now his duty to submit on behalf of the prisoner, that one of the most important provisions of those statutes which constituted what his learned friend had most inaccurately termed " the charter of the subject" upon questions of trial for high treason had not been duly complied with in the present instance. He trusted their lordships would believe he had no other motive in interposing at the outset than to prevent a statement from being made which he felt confident never could be proved, and which, if it should so turn out, he thought perhaps his learned friend, in the exercise of his discretion, would, for the sake of the crown, the public, the prisoner, and other parties interested, have forborne to make. At the same time he distinctly stated, that it his learned friend was desirous of making his statement, he had a perfect right to do so ; and the objection he (Sir F. Pollock) was now bringing would only arise on placing the witness in the box for the purpose of being sworn to prove the charge against the prisoner. The objection he must make at some length, for it would be necessary to pro . - duce every authority which bore on the point; and if in dis charge of his duty he should have occasion to ask the in dulgence of the Court, he hoped he might be permitted to say in his own behalf that he stood undoubtedly in a novel situation for him —one, he would not admit, of em- barrassment, but one of deep and intense interest. The facto before their lordships, he believed, were shortly these :—The commission under which they new sat was opened on the 10th of December. The bill was found on the 11th; and on the 12th of the same month copies of the indictment and lists of the jury were delivered, not to Mr. Prost, but to every one of the prisoners then in custody ; among ethers, however, to Mr. Frost, whose case alone was now under consideration. On the following Tuesday, the 17th of December, and not till then, a list of the witnesses was delivered, by whom the charge in the indictment, a copy of which had been delivered on the preceding Thursday, was to be sustained. , He had hoped Mr. Maule would have been able to st a te some further particulars with respect to the delivery of the list of wit nesses. It was a matter of importance to show that what had been done, never could be taken as an obedience to the statute. It seemed to be thought sufficient if the list of witnesses were delivered ten days before the trial, forgetting, as their Lordships would find, several of the text books for got that the delivery of the list of witnesses must not only be ten days before the trial, but at the same time and with the copy of the indictment and list of the jury.—[Sir Frede rick Poeeocie then entered into an elaborate argument on the point, which he concluded by stating that he hoped their Lordships would rule that the witness who had been called could not be examined, and that the jury, under their di rection, must return a verdict of ''rot guilty.” 3 Mr. kEIA.Y then addressed the Court in support of the objection taken by Sir F. Pollock, going minutely through all the precedents cited by the learned gentleman, and con tending that it was manifested both by the terms of the statute and the practice of the courts, that the delivery of the lists of witnesses was imperfect and illegal. After Mr. KELLY had concluded his address, The ATTORNEY-GENERAL proceeded, to argue that in the first place Mr. Maule, the solicitor to the Treasury, had every reason to believe that Mr. Owen was the solicitor for Mr. Frost and all the prisoners, and that Mr. Owen was ex ceedingly,desirous that the copy of the indictment should be served as soon as possible, and that it should not bede layed until the list of the witnesses was complete ; and that Mr. Maule, to give the prisoners an additional benefit, served the copy of the indictment on the 12th of December, although the list of witnesses was not complete till the 17th ; and the real complaint now was, that the copy of the indictment was served too soon, for if the service of the copy of the indict ment had been deferred until the 17th of December, no ob jection could have been made, The ATTORNEY-GENERAL then read the act of Anne, and contended that all that was meant by the Legislature, was that copies of each should be delivered to the prisoner 10 days before the trial ; but his learned friend admitted, that if the copies of each bad only been served 10 days before, there could have been no objection ; but they say that, be cause the indictment was delivered earlier, that it was bad. He would contend that the clear meaning of the Legislature was that each of the documents should be put into the hands of the prisoner at least 10 days before the trial; surely, there fore, if he had them 14 days before, the prisoner could not say that he was prejuiiieed. But they admit that if they had been re-served with each, on the 17th, when they were served with the list of witnesses, it would have been good service. Now, in the name of God, any Lords, what object would have been obtained by this fresh service? If their Lordships granted this objection, what must be the rule henceforth ? Why, that every thing must be withheld from the prisoner until the list of witnesses was prepared. Is this mercy—is this humanity to the prisoners? He has the indictment delivered to him some days before, and look at the benefit which he received thereby. Why, he sends it, no doubt, the next day to his attorney to seek out. Then he is served with the list of the jurors also on the 12th, and was thus enabled during five extra days to discover and seek out their characters; and no doubt his learned friends availed themselves of it by the mode in which they made their challenges. The learned counsel was proceeding in his argument at half-past six o'clock, when The Judges having consulted for a few minutes, Chief Justice TINDAL said, there appears to us to be suffi cient doubt to reserve the point for further consideration. I am not prepared to say the objection made on the part of the prisoner is valid, bait it is a question u pon which no direct decision has taken place, and which calls for very serious consideration. It is the more important that the same objections may apple to the several other eases in which the indictments have been found, and the prisoners arraigned. We purpose to take a course on the present occasion which will prevent the possibility of an over hasty Decision operating to the pre judice o r di sa d vantage o f t h e pr i soner, an d from causing a failure of public justice. We shall allow the trial to proceed, and take the opinion of her Majesty's judges on the validity of the point, provided such proceedings should become ne cessary. Teo-morrow morning we shall proceed with the evidence. The court then adjourned to to-morrow, at nine o'clock. Robert Ellison Harvey, Esq. of Liverpool, has been ap pointed a county magistrate by the Chancellor of the Duchy of Lancaster. LIVER THEATRE.—Sin * ce our last the drama of " Jack Sheppard" has been produced at this elegant little theatre, and judging from the state of the house last evening, we should say it will add greatly to the funds of the treasury. The principal incidents narrated in Ainsworth's work are effec tively introduced,'.and the general character is well preserved. The managers are entitled to great praise for the style in which they have " got up" this popular piece. Tile Asernirneante.—Mr. Ducrow, who never is par simonious in the quality or amount of the amusements he provides, is now performing a splendid pageant called ' Charlemagne, in which it is difficult which to admire most, the gorgeousness of the dresses and scenery, or the skill of the performers. At this festive period our friends should treat their younger branches with a sight of the magni . ficence of the amphitheatre, especially as we are persuaded they will be greatly pleased with all the other departments. AWFULLY SUDDEN DEATH.—Yesterday, on the Grand J4nction Railway, there was an awful exemplification of the. truth of Scripture, "that in the midst of life we are in death." A middle-aged gentleman, who was a passenger in a first class carriage of the train which arrives in Liverpool, from Birmingliam, about half-past three in the afternoon, appeared when at Crewe to he in good health and spirits ; but when the train stopped at the next station, a few miles distant, the guard found the unfortunate gentlemen a corpse ! The body is pow waiting at the station, for an investigation before the warmer. We have not yet . bqleaa st b i l n e at t ion ol r rn the name of the deceased, or the ply.oe of his de ■ ' g! X