The Express.
London, England, 1848-01-06 00:00:00

41i t

No. 423.] LONDON, THURSDAY EVENING, J N. 6, 1 F4B [3d.

Act, has, as far as possible, provided for the improper use of
sews. Gentlemen, I shall now call yourattention to other sec-
tion, of the Whiteboy Act, arid you will find that the various
offences which it Tecifies, and for every one of which I find
examples in the calendar, are all punishable by transporta-
tion, by flue, and by imprisonment. I will not enumerate
them to you, because it would be an unnecessary waste of
time, but it is perfectly plain that these misdemeanours are
of a most serious character, and call upon the court for the
infliction of heavy punishment—punishment to be regulated
by the nature of the offence, having regard to the condition of
the count. Gentlemen, another provision of the law, to which
I shall call your attention, is not to be found in the White-
hoy Act, but in the ordinary common law of the land—it is
the law with reaped to accessories. Accessories before the
fact are described to be all persons who shall counsel,
abet, or suffer any person to commit any of the
offences enumerated in this act, and are punishable by teens-
porta-ion. You gee what a wide and general distinc-
tion this is, and how well calculated it is to involve in a
charge of criminal nffence any person who abets, or stimulates,
or lends his countenance to the intended offenders, even
though the offence should not afterwards be actually com-
mitted. But, in addition to this, there is an act of paella-
, melt in force in Ireland, by which a person who conspires
with others to have a murder committed, is himself guilty of
a capital offence—an offence punishaole by death ' • and he is
liable to that punishment even though the murder bs not
actually perpetra'ed. ft is sufficient if he conspires. The
words of the act arc : " That all persons conspiring, confe-
derating, or agreeing to murder any person, shall be deemed
guilty of felony, and, being convicted thereof, shall suffer
death as felons." The law of England is, that the
accessory before the fact of murder can only be
convicted if the crime be actually committed ; but the
law of Ireland is, that the mere conspiring and agreeing to
commit the murder is Reek a capital felony, whether the
murder be committed or not. Now, having called your
attention to the law, and to the probable consequences of
the violation of the law, I would wish to call your attention,
as magistrates, to certain means of prevention which the
law has provided, and one of them is the clause relating to
vagrants. I need not tell you that it is not uncommon—
nay, that it is quite a common practice—that the crimes
committed are committed by strangers frequently hired,
and frequently introduced from other parts" of the country ;
and it was with reference to that practice that an act of par-
liament was pissed in the reign of George the Third.
The Chief Justice read at length the clause of .50th Geo.
111.. cap. 102, by which it was made lawful for any jus-
tice of the peace to cause to he arrested and brought
before him, any arrangers sojourning in or wandering about
his neighbourhood, and, in the event of not (satisfactorily
answering all questions respecting their place of abode and
means of livelihood, empowering such justice to c invict
them to the nearest gaol or hours of correction. His lord-
ship then proceeded Gentlemen, its my opinion, that is a
power of the most salutary character, a power which should
be known. A power which is created for salutary purposes
ought not to remain unenforced. I cannot conceive, in the
present state of this country, in reference to the practice of
employing parties to commit crime, a more useful provision,
or one that can be turned to more useful purposes. Gentle-
men, the provisions with ri spect to riots also are of im-
portance, and I advert to them the more particularly be-
cause I untlentaad a notion has gone abroad that, in
casts of riots, the interference of magiitratrs ought
not to take place until the Rint Act is read,
and until as hour shall have elapsed after such reading.
that is the greatest possible mistake. No doubt, the highly
penal consequences of rioting are not incurred until after the
hour hes elapsed after the rending of the Wit Act. But the delay
of an hour, or a moment, for the interference of a magistrate,
is utterly at variance with the course pointed out
by the act of parliament. You will find, by the
3rd Gee. 111., cap. 19, an act passed before what
is called the Riot Act, that where there shall be a
riot, every justice of the peace, or other head officer,
shall resort to the place, and there use hi. utmost endeavours
to disperse and apprehend the offenders. Gentlemen,
I shall now call your attention to another provision of a pre-
ventive character. By a clause in the Whiteboy Act it was
expressly provided that it should be lawful for every magis-
trate, sheriff, sic., within the limits of their respective juris-
diction, to command all her Majesty's subjects, of age and
ability, to arsiet to apprehend, disperse, arrest, and oppose all
persona concerned. There is but one otht r provision of the
I late art to which I shall advert, and which ought to be
I known by you and the persons in veur district. Rio lord-
ship read that clause of the act which provided that pro-
claimed baronies and districts should be held liable for the
expense and support of any extra establishment of police
required fur such districts, and that the moneys required for
such purple. a should be levied from the same persona, and
payable in the same manner, as grand jury ma. Gentle.
men. I have now called your attention to thew several acts,
t show you what the crimes are, the punishments
which attend them, and the means provided for their pre-
vention. I have not myself the least doubt that the use of
these ample means will have the effect of restoring tranqui-
lity. I speak from very ample experience. This is not
the first time that conflicts such as we now witness
have taken place between incendiaries and the lass of
the land; but the result was always the some. The
law has ultimately triumphed, and their designs
discomfited, while they themselves were involved in misery
and ruin. That which happened before will happen &gam.
The laws arc the same, and will any man say that there is
less zeal or less anxiety on the part of those who administer
it to give it effect. Can culprits hope for more impunity now,
when those whe have preceded them have become the victims
of their own violation of the law. Any person who trusts
to ouch impunity will find, sooner or later, that he will be-
come amenable to the law of the land, and be punished for
his crime., perhaps by his associates, and the per-
sons in whom he confided. Gentlemen, it is now for
you and the petty jurors of this county to proceed
to the discharge of your duties. On the firm,
faithful, and conscientious discharge of your duties
the hopes of the country are centred. I trust the
result will be such as to realise these hopes, and that we
shall shortly see the country rescued from dishonour, and
our common nature from the disgrace which the atrocities of
the lawless have brought upon it.
The grand jury then retired to consider bills of indict.
ment ; and the long panel was directed to be in attendance
at nine o'clock on Wednesday morning, for the trial of
prisoners.
The Court was engaged up to five o'clock in the arraign-
ment of persons, at which hour it was adjourned to next
morning.

THE APPOINTMENT OF DR. HAMPI)EN.
The following memorial has been presented to the
Queen :
TO THE QUEEN'S MOST EXCELLENT MAJESTY.
The humble petition of the undersigned clergy and laity of

clap.
Chap.

the diocese of Hjeford. --
We, the undersigned, clergy and laity of the diocese of
Hereford, approach your Majesty with mingled veneration
and attachment, to express our alarm at the efforts which are
now being made to interfere with the free exercise of the
royal prerogative in the ancient and undoubted right of
appointment to vacant bishoprics.
We believe that this most ineiduous attempt to destroy
your Majesty's free agency-, as head and supreme ruler,
under God, of the national Church, is pregnant with
danger, whether considered in respect of its immediate and
avowed object, or in rezard to its collateral cocseouenccs on
the fundamental laws of our church polity.
We arc unfeignedly impressed with the vital importance
of maintaining our church government in its entirety ; and
we, therefore, deeply deplore the conduct of these amongst
the hierarchy and inferior clergy whose present proceedings
are calculated to first suspend, and then abo:ish, that branch
of the royal prerogative to which the church owes its secu-
rity, and the uncontrolled exercise of which is essential to
the protection and preservation of the union of church and
state.
We are more alarmed because the originators And abet-
ton of the opposition to your Majesty's appointment of Dr.
Hampden to the see of Ilereford belong principally to a
petty, many of whom have seceded to the church of Rome,
whilst those who professedly remain in the Church of Eng-
land are noted for their attachment to Romish doctrine.,
rites, and ceremonies, and seek to revive the system of intel-
lectual despotism and degradation which the Reformation
was:the great instrument of undermining and demolishing.:
We, therefore, humbly pray yonr Mejesty not to be in-
fluenced by those who arc endeavouring to convulse and
disorganise the church by appealing to prejudice and mis-
conception, and who seek to" darken counsel by words with-
out knowledge."
We most heartily beseech the only Ruler of Princes with
his favour to behold your most gracious Majesty, and to
direct and prosper all the consultations of your Majesty and
your advisers, to the advancement of his glory, the good of
his church, and the safety, honour, and welfare of this
kingdom.
(Signed by, or on the part of, ninety persons.)

THE DEAN OF HEREFORD.
A meeting of the clergy of the northern division of
the Deanery of Mailing, convened, in compliance with a re-
quisition to that effect by the Hon. and Rev. F. J. Noel,
Rural Dean, was held on Monday, in the Assembly Room,
West Mailing. There were present, the Hon. and Rev. F.
J. Noel, Vicar of Tester' and Rural Dean; Rev. Robert
GeorgeHorsham, Rector of Allington ; Rev. William L.
Wigan, Vicar of East M ailing ; Rev, W. H. Bueroughes,
Reetor of Ditton; Rev. Brenchley Kingsford, Curate of
West Farleigh ; Rev. J. If. Timid, Vicar of West Mailing;
Rev. W. Corfield, Vicar of Birliag ; Rev. Edward Jones,
Vicar of West Peckham; Rev. A. -Wigan, Curate of Trot-
thrliffe. It was unanimously agreed to present the following
address to the Dean of Hereford
"TO THE TER? RE,. JOHN NEREWETHER, D.D., DEAN OF
HEREFORD.
We, the undersigned rural dean and clergy of the
northern division of the deanery of Mailing, in the arch-
diocese of Canterbury, desire to assure you of the cordial
sympathy which we feel for you in the difficult and trying
position in which you have been placed in consequence of
the course which has been punned with reference to the
election of a bishop to the see of Hereford ; also to assure
you of the grateful sentimento of respect and admiration
which we entertain for the truly loyal anernolute manner
in which you have acted in the conscientiOus discharge of
your duty to God, the Church, and the Queen.

" Cordially adoring your solemn protestation of loyalty
and humble devotion to our sovereign, and of implicit
respect and ieference to the laws of this realm, we beg at the
same time to express to you our eeeee st desire to of
you all possible aid, comfort, and support in the present
emergency."
The above address, having been signed by those present,
hub, en forwarded for signature to those who were pre-
vented from attending the meeting, after which it will be
sent to the Dean.— Maidstone Journal of yesterday.

LOSS OF THE AVENGER.

FURTHER PARTICULARS.

The following is the only document relating to the
loss of this ship that had reached the Admiralty up
to one o'clock this day. It is from Capt. Du Penhoat,
of the Lavoisier, French war steamer, stationed at
Tunis, to the captain of the Pacha steamer:

•
At Sea, in sight of Gelid, on board the steam-corvette
Lavoisier, stationed off Tunis,ll.3o cm., Dee.
Sir, I begin by thanking you for accompanying me ; we
are now, at the most, two milts from the Rocks of Sorelle,
according to observations and soundings.
The particulars given to me by the vice-consul of France,
at Ooletta, gave the place where the steam-frigate Avenger,
Capt. Napier, was lost on the 20th December. According to
the declaration of an English officer, arrived at Tunis with
four men, to the English vice-consul, there were six men (of
whom two were officers) drowned in the boat in which that
offiLer came in taking the shore.
A British sailor told the French vice-consul that what the
boat left the frigate tile latter was diamastod of her lower
' mute, and boats broken, which induces the belief that this
unfortunate accident is complete, the crew not having any
means of escape.
I think, after our search, you may continue your voyage.
The Lavoisier shall pais by the north of Galiti, and will not
ease that island without the certainty of there not being
any of the survivors there. I beg you will make use of
these accounts, by making them known.—l am,
DU FENHOAT, Captain of Lavoisier steamer.
To the Captain of the Paella.

DREADFUL ACCIDENT.
A dreadful accident occurred at half-past 10 this
morning at the Huston-vinare Station of the North Western
Railway, occasioned by the falling of a wall faced with
columns, forming part of tl.• New Pt; sengers' ball.
Several persons were extricated only slightly bruised, but
twelve others were found so dreadnally injured that they
were immediately removed to the London University Hospi-
tal. One man was understood to be in a dying state when
this report left.

MADRID, DEC. 29.

The Chamber of 'Deputies met yesterday at two,
the government having promised to present their budget for
1848. Bertnnd de Lys, the new minister of finance, read the
project of law prepared by the government for distributing
the expenditure of the ensuing year. Passing over the pre.
amble, which fills about seven columns of the Gazette. the,
substance of which refers to the difficulties with which the
government have to contend, in consequence of the increase
of expense, without a proportionate increase in the revenue,
I proceed to give you the body of the hill:—Art. 1. The ex-
penses of the state for the next year of 1848 are fixed at the
sum of 1,283,631,396 reels, for the payment of which the
credits are assigned to the government, which are expressed
in the following chapters :
Rcoln.
Doted= of her Majesty the Queen.
notation of his Majesty the King
To the Serenisaima Senora Infanta Duna
Chap. I.— Muria 1.01.1iA2 Fernando, by reason of
bastion her rank as Infanta of Spain 550,000
of the To the mime senora as heiress presump
I. Royal live of the crown, white she is in ..
Family. To her Majesty the Queen Mother, as a
token of the national gratitude 3,000,000
To the Scroll/slime Senor Infante Ik
Francisco De Paula and hie family 3,500,000

Total..

43,900.000

2. Co-legislative bodies
3. Salaries end expenses of the Ministry of
Foreign Affairs 9,480,000
4. Salaries and expenses of the Ministry of
Orono and Justice
5. Salaries and expenses of the Ministry of
Sr.W Including the etivie.guard
6. Sallies and expenses of the Ministry of
Marine, including the coast-guard (4,000,000
7. Salaries and expenses of the Ministry of
Finance 215,013,400
Chap. 8. Chimed the passive classes for nine monthly
payments
Chap. 9. Inds tribe arrears, and payments affeeted
to the proceeds of the revenue 97,147,000
65lariat and ex-
Chap. to. Salaries and expenses,expenses,of
news 12000,000
the direction of the
interest of the
public debt
Chap. It. Consignment foe the settlement of the pub
40,000,C00
tin debt
Chap. 12. Salaries and expense. of the Mini try of the
58,520,000
Interior
f For the repayment
,•
' °kap. 13. Salaries and expenses of the torn of 2110
of the Ministry of millions
Commerce, Instr.- For the remaining
Mon, & Public Viorks , expenses at this
J. L ministry
Secular clergy, over and 44,800,000
Chap, 14. Engagements to- above the proceeds of
c ards the se the property restored
cular clergy which are not included
and nuns in
ece
in the estimates of
cloister
I
l.Nune

Total
Art. 2. The government will form and publish immediately
the estimates of the expenses of the state, in conformity with
the above chapters. Art. 3. The receipts end total revenue
for 1848 are calculated at 1,283.631,396 reels. Art. 4. A
charge not exceeding 4 per cent. will continue to be imposed
upon the quota of each town for the land-tax, to cover the
expenses of raising the contribution. Art. 5. The reform in
the industrial and commercial imposts made by royal decree
of last Sept. 3, is approved by the government, subject to the
project of law presented by the government in the precedirg
legislature, which reform will date from Jan. 1, 1848.
Art. 6. In the taxes on objects of consumption, and the
gate duties, alterations will be made by the government, in
conformity with the basis and tariff adjoined to this law.
Art. 7. Gate duties and tolls of every sort upon raw material
and products of the national manufactures of wool, silk,
hemp, flax, cotton, earthenware, china, glass, and paper;
bark, building-timber, iron, and other metals, and the
machines and utensils made of those materials, chemical
productions, and furs of all kinds, fans, hats, &c. Foreign
articles of the same kind will remain free from municipal and
provincial tolls.
The progresistas are greatly shocked at the increase of
expenses each year in so rapid a propurtion. The budget of
1843 amounted to between elt ht and nine hundred millions.
According to ministers the normal obligations of the state do
not amount to more than eleven millions. The million and
odd over represent incidental calls upon the exchequers
transitory or confined to the year.
It is hazardous to utter the least instinct with regard to
the future in this country, constant only in mutability ;
but I do not think there is much foundation for the suppo
salon of the progresista papers that the ministry has been
greatly weakened by the last ministerial crisis. The pros-
pect
a progresista government derives its main popularity
from the visions of cheapness in which the inexperienced
people indulge, and the pains which the economical deputies
of the opposition take to flatter this sort of delusion. For in-
stance, the Marquis of Albaida is quite certain the country
might be governed beautifully for six millions sterling a year,
which he proposes to raise from three sources of revenue
only. The great argumenturn od plebe,* of Jack Cade, that
the three-hooped pots should have nine hoops, under his
reign, was something similar.
Narraea during the late crisis was perfectly ready to cede
his place to Mon, with whom he had long interviews. Moo,
though strongly urged by Christina to pluck the year of
office, had the sense to see that it was not ripe. Whether
it is ripening or rotting is another question. Both mode-
redo. and prcgreaiatas say of Nervier and his colleagues:
" Egan portend° la roma pars noel:grog." " They are
making our bed." So that in one point they seem agreed,
namely, in regarding the present ministry as more or less
transitory. The fact that three of the ministers were mem-
bers of the Sotomayer cabinet makes for neither party. On
the whole, I believe we may consider the Narvaez cabinet
as steadily planted as most Spanish ministries for the pre-
sent. As to external influences, there is no doubt hut that
Louis Philippe would prefer Mon to the Duke of Valencia.
But I understand, from good sources, that Lord Palmerston
is not at all disposed to interrupt the march of the
present ministry, as long as they stick to their
professions of legality and conciliation. In fact, labouring
to put in the exeltados prematurely would only put off the
hour of those reforms which are essential to the prosperity
of this country, in advancing which England is as much
interested in the 19th century as in the 16th and 17th she
was in contributing to its repressien and decline.
The election of Algeziras has been decided in favour of
the moderado candidate, Don Juan Blanco, by 97 votes
against 49, which kis progresista competitor obtained. At
the second election in Cordova the modeled° candidate, Don
Diego Jover, has been returned by a majority of 34 votes.
Accounts from the Canaries represent the epidemic fever
which has prevailed there as extinguished.
The Aranjuez railway is said to be making some brisk
efforts to get itself completed and carried into Alicante-

EGYPT.—Auccempitte, DSc. 20.—A letter of
the above date, in the Semaphore de Marseilles says: "The
health of the viceroy has been of late somewhat affected ; he
has been several times attacked with vertigo. His medical
attendants do not however seem to think it of any impor-
tance. The grand council, which assembles each year at
Cairo, composed of all the governors of the Sheik provinces,
has just been dis,olved after a fortnight's deliberations. His
royal highnese has ordered a new census, and has
promised the decoration of Nichan-iftichar of the
fifth order to every governor who shall send in exact re-
turns. The commission charged with the task of making
the necessary plans and sketches for cutting through the
Isthmus .of lases, has just terminated its report, which

ill in favour of the project of Linant Bey. It is said that
there are two companies willing to undertake this immense
work. Ido not think that the government over ,tive
up to others the execution of this undcr'eking; at most, it
will consent to the co-operation of a company. Besides, at
present important works are going on in Egypt, which att•
soli, the greatest part of the revenue and prevent others from
being und, rtsken on the moment." A letter from Alex-
, andris in the ("markt* de Marseilles, states that Colonel
Bruueau, and other French engineers, who had been sent to
study the ground through which the canal is to join the Red
Sea to the 3fediterrsnean, across the isthmus of Suez, had
returned to that city after having taken all their levels, and
prepared the necnaary plans.
FRANCE.—PARIS, JAN. 4.—The thirty-second
drawing of bonds to be paid off of the city of Paris Loan of
43,000,000 francs took place at the Intel-de-Ville. The
amount of the members drawn was 1,221. No 39,930, the
first drawn. rained the pr., mitten of 50,000 fr. No. 2,735, the
second, 20,000 fr. No. 32,672, the third, 15,0001 i. No.
1,059, the fourth, 12,000 fr. No. 2,663, the fifth, 10,0001 r.
And the ten following numbers from the 6th to the 15th
inclusively, viz., 31,013, 6,192, 1,571, 31,352, 21,993, 34,437,
16,875, 16,6.53, 32,999, and 13,778, each gained the premium
of 500 fr. No. 16,720, the sixteenth, gained I,loofr.

. . „
SCOTTISH HOSPITAL.—The usual quarterly court
of governors was held yesterday at the house of the Scottish
Corporation, Crane-court, Fleet-street. Dr. Webster pre-
sidad. The milltl.o of the last meeting having been con-
firmed, a idig'h discussion ensued on a motion for the sus-
pension of a by-law of the institution, in order to enable the
corporation to sell out 6001. of stock. The resolution was in
the end agreed to. This was a step rendered necessary by
the numerous and incresaing calls upon the society. A mu-
tton was also passed to enable the corporation to make the
' periodical sale of the 1,2301. from the fund remaining from
the Kinloch bequest. This concluded the routine business.
The meeting was then made special, in order to
elect a surgeon in the room of Mr. Litton. Dr.
Dixon proposed Professor Ferguson, of King's College,
to fill the vacancy ; Mr. Craigmill seconded the
resolution, which was carried unanimously.—Mr. Hamilton
gave notice of a motion to be brought forward at the next
meeting to the effect that none of the existing bylaws should
in future be altered or Impended without the consent of two
general courts, and that the by-law No. 11, fixing the sum
«f 40,0001. as the minimum of stock to be held by the corpo-
ration, should be altered, and that 30,0001. should be the
lowest amount of funded property to be held by the associa-
tion.—The meeting separated after the usual complimentary
vote to the chairman.

TILE COACIIMAKERS' BENEVOLENT INSTITUTION.—
Last night the half-yearly general meeting of the subscribers
to the above institution took place at the Red Lion Tavern,
King-street, Golden-square ; Mr. Savage in the chair. The
secretary, Mr. Brown, read the report, from which it ap-
peared that the cash in hand was 901., exclusive of a sum of
3401. 16e. 9d. invested in the Three per Cent. Consols.—The
Chairman, in a short address, stated the general objects of
the society to be the permanent relief of aged and infirm
coaehmakers and their widows and orphans, and congratn-
lated the subscribers on the sure though slow prPgreas of the
society to prosperity, and had no doubt it would be able to
place a prim anent pensioner on their funds at the next h.df-
yearly meeting. The report having been unanimously
adopt, d, and the usual courtesy passed to the chairman, the
meeting separated.
THE COMMAND IN CLIITY IN THE WEST INDIES.—
Vice-Admiral the Earl of Dundonald, G C. 8., better known
at " Lord Cochrane," has been appointed to succeed Sir F.
W. Austen as commander iu chief in the West Indies, and
sell hoist his flag oar beard the Wellesley, 72-gun ship, at
Devooport.