The Express.
London, England, 1867-02-12 00:00:00

THE EXPRESS, TUESDAY EVENING, FEBRUARY 12, 1867.

BROWN and POLSON'S CORN FLOUR I should have t accept the conclusions of the other
for Cif ILDRRYi DIRT. house. Both may well claim a right to take part
To °haste extra pront by the sale other kLuie sas solastbass
sissirse instead of BROWN aM rinso:vs. in the initiation ,if these inquiries. Nor is this
'1"h"
Brown." " j'hu loliss," slisSd b tae ""ra
°.
reward, it must be remembered, one generally
ISM pa :set.
sought f,r ; the majority in Parliament w•-aild
thankfully avoid a share in this task.
The bills, also, to which we refer, are an appeal
to Parliament for aid from impoverished and
bankrupt associations. However this impoverish-
ment may have arisen, these companies are cer-
tainly the creatures of parliamentary enactment.
The Legislature should adopt a considerate atti-
tude towards its own creations. And if no worse
evil results, still a second committee creates in-
creased coat ; it may occasion an enormous expen-
diture. Escape from this proceeding should be
secured, were it solely for the sake of the pockets
of the shareholders.
Quito a sufficiency of reasons have now been
urged to prove that it is essential that those bills
awaiting consideration that relate to the financial
attain; of these companies, whether they be fur the
re-adjustment of capital, or the establishment of
new forms of combination among themselves, should
lie referred to a joint committee of both Houses of
Parliament.

m A PPIN BROTH Elt:;. —Established A. D. 1310.

OHESTSof SILVERPLATE for the COLONIES,

OuTLERy

and SILVER PLATE for

31.A.PPIN BROTHERS, LONDON-BRIDGM

IA Pl' IN 13ROT II E RS, 222, REGENT-
-IsS]l:f ET.

Zltc ervrefai.

TO Co RI F>t r 1

alverti.erueats hitende.l for •• Ihr kaPre,,." 140.1011 Evealact
toti.t b at the ilttiee, jO. Itutiveriu-streek by Two
Weloth ou the day of publicatton.

DRI'IIY LA..

TUN ErTNIN4. TIP Mr. Phe!pa,
11111,-, • E . MEE.lamoa Van.l.nholf, lIUtIr
al, ita/W1 NUMBEIR NIP: OR. HARM
411/E AND THE iINOME KING OM THE GIANT MOUNTAIN.

THE
RESOLUTIONS UPON REFORM.

The following is a copy of the resolutions to be
moved by the Chancellor of the Exchequer in com-
mittee of the whole house, on Monday, February
25 :

" This house having, in the last session of par-
liament, assented to the second reading of a bill
entitled ' A 13111 to extend the right of Voting at
Elections of Members of Parliament in England
and Wales,' is of opinion—

" 1. That the number of electors for counties and
boroughs in England and Wales ought to be in-
creased.

" 2. That such increase may best be effected by
both reducing the value of the qualifying tenement
in counties and boroughs, and by adding other
franchises nut dependent on such value.
" 3. That while it is desirable that a more direct
representation should be given to the labouring
class, it is contrary to the Constitution of this realm
to give to any one class or interest a predominating
power over the rest of the community.
" 4. That the occupation franchise in counties
and boroughs shall be based upon the principle of
rating.

" 5. That the principle of plurality of votes, if
adopted by parliament, would facilitate the settle-
ment of the borough franchise on an extensive
basis

"6. That it is expedient to revise the existing
distribution of seats.

"7. That in such revision it is not expedient
that any borough now represented in parliament
should be wholly disfranchised.
"8. That, in revising the existing distribution
of seats, this house will acknowledge, as its UMW
consideration, the expediency of supplying repre-
sentation to places not at present represented, and
which may be considered entitled to that privilege.
" 9. That it is expedient that provision should
be made for the better prevention of bribery and
corruption at elections.
" 10. That it is expedient that the system of
registration of voters in counties should be assimi-
lated, as far as possible, to that which prevails in
boroughs.
" 11. That it shall be open to every parlia-
mentary elector, if he thinks tit, to record his vote
by means of a polling-paper, duly signed and
authenticated.

" 12. That provision be made for diminishing the
distance which voters have to travel for the pur-
pose of recording their votes, so that no expenditure
for such purpose shall hereafter be legal.
" 13. That a humble address be presented to her
Majesty, praying her Majesty to issue a royal
commission to form and submit to the consideration
of parliament a scheme for new and enlarged
boundaries of the existing parliamentary boroughs
where the population extends beyond the limits
now assigned to such boroughs ; and to fix, subject
to the decision of parliament, the boundaries of such
other boroughs as parliament may deem fit to be
represented in this house."

aT. Iw. ILI
Ir/130,..
w.
,12 .i D. lit
111
sawn ..._ 29.74 W.N.W. 6 1 W.&W cb '— I 2
AbenSIWW. 29.73 46 S.W. 1 1 W.N.W. cb 3
Leith 23.65 39 W. 3 2 W. oc 3
Ardromso 110.04 47 W.N.W. 2 7 N.W. 0 0.10 2
ommestis NM W.B.W. 1 8 4 W.N.W. rc 0.07 2
Vahostla. 30.111 W. 1 6 &W. rm I 0.09 3
1840 W.N.W. 2 3 W.N.W. -0
--
I, -1
Hod Hod .2048 W.N.W. ' 4 8 B.W. W. co 3
hasmos 30.39 601 W.N. W. ,3 I 5 W. ro :0.20 3
Bred -- - 47 60 W. 4I 6 W.N.W. co —,l 6
L must .. ... .3043 60 W.N.W. 3 S W.N.W. co ' 12
ItoebiTort.. .30.55 41' 4 01 1 8. Ib' 2
Zw.tb 80.8460 W.N.W. 3 5 W.N.W. c 0.07 2
nalisth 30.33 49 W. 4 6 W.N.W. :ofc 4
tot4smoalb 30.18 48 W. 3 5 W.N.W.' c 0.01 3
Loudon
_ 20.20 49 W.R.W. 12 ' 4 W. boo
vination, 30.16 47 W.N.W. 2 6 W.N.W. ;co —. 2
lasrborosil 30.04 47 W.N.W. 2 5 N. W. 'cb 2
Wads 39.98 50 N.W. 2 3 N.W. I o 3

FENIAN PANIC AT CHESTER. I than the government cartridges, and this Net, combined
I with the air of secrecy about the transaction, him led le
IFteitnuton
tedbeing lockedthe matter,
upca
until further inquiries nbe I.
ter

(From the Manchester Ulla Mitt. of this day.)

Yesterday the inhabitants of Chester were kept
in a state of unusual activity and expectation in conse-
quence of a movement of the Fenians of Lancashire and
Cheshire upon their city. There were several suspicious
arrivals by the trains from Liverpool and Manchester on
Sunday evening, but the first intimation of an intended
movement of an extensive character was received by
Mr. Fenwick, the chief constable, shortly after mid-
night. It was reported to Mr. Fenwick by two police
officers from a neighbouring borough that it had
been resolved at a meeting of the Fenian " brotherhood "
in Liverpool, to march upon Chester, seize the arms in
the Castle, take possession of the railway and proceed to
Holyhead en route for Dublin. It was stated that the
Fenians residing in Lancashire and Cheshire would
be assisted in this attempt by a large number of
" Yankee Fonians" recently arrived from America. At
2.40 yesterday morning the first batch of Irishmen arrived
at Chester station, and at 4 o'clock about four hundred
suspicious " strangers " arrived from Manchester and
Birkenhead. The men arriving by these early trains took
possession of the waiting-rooms at the station, and slept
on the floors.

The Mayor of Chester, Mr. Johnson, resides in Flint-
shire, about three miles from the city. The chief con
stable therefore communicated with the ex-Mayor,
Mr. W. Maysmor Williams, and also with Cap-
tain Edwards, the commandant of the Castle, and Captain
Durnford, the barrack muter. A telegram was de-
spatched to the Assistant Adjutant-General, stationed
at Manchester, asking for a reinforcement of troops,
and • company of the 54th Regiment arrived at
Chester at noon yesterday. A request was then for-
warded to Liverpool for • number of constabulary to be
sent, and the Cheshire county constabulary were rum-
mooed to Chester, and placed within the precincts of the
Castle, under the command of Captain Smith. While
these precautions were being taken by the authorities
the " strangers" continued to arrive in large and increas-
ing numbers, and in the course of the morning the
local volunteers were called out. They mustered with
great alacrity, and were put through their drill during the
afternoon. Orders were also given for the assembling of
two troops of yeomanry cavalry, and they were expected
to reach Chester last evening. The police officers were sup-
plied with cutlasses, and were quartered in different parts
of the city to await further orders ; the artillery were
paraded in the castle yard, and the militia staff promptly
answered to the call made upon them. The two 213-pounder
cannon stationed in the castle yard were removed to the
militia barracks on the opposite side of Greevenorroad,
and the volunteers were sworn in as special constables.
In the course of the afternoon the magistrates sent a
communication to the Home Secretary.
At 5 o'clock yesterday the chief constable bad
positive information that more than 1,300 suspected
persons had arrived in Chester during the day by train,
and large numbers entered the city from an early hour in
the morning to the close of the day by the various
turnpike roads leading out of Chester. At the hour
mentioned the volunteers were dismissed for a short time,
but at 6 o'clock there was • large arrival of about 400
" strangers" from Birkenhead, Crewe, Stalybridge, War-
rington, and Manchester, and the volunteers were at once
re-assembled on duty. It is said that 7 o'clock last night
was the time fixed for the attack on the castle, in the ar-
moury of which about 30,000 stand of arms are deposited ;
but no attempt at violence was made at that hour.
Shortly after 7 o'clock a town's meeting was held
in the Music-hall, under the presidency of the Mayors
and the proceedings were very earnest and unanimous.
The Town Clerk stated that in consequence of informa-
tion received from the authorities in Liverpool, there
were grounds for believing that an attack was about to
be made upon Chester Castle, by certain disaffected
persons, for the purpose of obtaining possession of the
arms and ammunition there stored. The authorities of
the city having satisfied themselves that there were
more than 1,200 strangers in and around the City, had
thought it right to obtain, in addition to the military
force at command, the assistance of the citizens. This
announcement was received with loud cheering, and •
large number of townspeople at once enrolled themselves
as special constables. They were sworn in for a period of
one calendar month. The magistrates, who were in con-
sultation during the day, remained during the night for
the purpose of enrolling special constables, and of acting
in case of an emergency arising.
The " strangers" were moving about the city last night
in groups of about a dozen, and knots of them were
assembled at the corners of the streets apparently die-
mwing the events of the day. Larger numbers were
parading the roads outside the city, and they appeared to
be well organised in their movements. Any attempt of
a citizen to join one of the groups as a listener was
immediately prevented, and the group at once dispelled
to reassemble at another point. We are informed that
the chief constable of Chester has in his possession • list
of ex-Federal officers with the rank they held in the Federal
army who are now in Chester, and who are believed to be
in command of the present movement.
We are informed that arrangements had been made by
the " brotherhood " to remove the rails at several points
on the Birkenhead line upon the receipt of information
that such a course would be desirable.

THE " RLID " DECLARED TO BE A HOAX.

TELEGRAM FROM CHESTER,—(THIS DAY.)
OW ELECTRIC TELECREPIE)
(PROX OCR OWN coaszaroxonT.l
CHESTER. TVEADAI.
The Fenian raid provesto be a well-planned and
successful hoax. No disturbance whatever has
occurred.
Six hundred Soots Fusilier Guards armed
from London at 11 this morning.

ANOTHER TELEGRAM.
(raom Amcrrmaa coaaaaromon^L)
CHESTER, TeasDtr, I r.r.

. _
Five hundred and forty-one foot-guards armed
here at 11 o'clock. No movement has taken
place on the part of the Fenian. Fifteen hundrud
supposed Fenian were here yesterday, chle4
from the direction of Manchester and Crewe. The
majority have left the town, but few by train.
The town is perfectly quiet.

Our Liverpool correspondent telegraphs to us
this afternoon :

" Up to 1 o'clock no news had reached Lirerp„,l
of any riot or breach of the peace in Chester. 1,..r
has anything taken place in Liverpool to eca,
apprehensions of a Fenian outbreak. The auth-
rities of course are on the qui vim"

(From Second Edition of the Finn.)

CHESTER, TUGYDAY

The Commander-in-Chief last night telegraptil
to Chester station that 500 Guards would be Mull:.
diately sent down by a special train. Earl Growers r
arrived in Chester by last night's mail. Lirz,
numbers of the supposed Fenian, left for Warm,.
ton and other towns during the night, hut tho:
are still many suspicious strangers remaining her

There is now no doubt that mischief was
tended. The first information was given in Liva-
pool by a man holding a Fenian commission, ae
closely coincided with what actually occurred.
At 7 o'clock last night Mr. Fenwick, chief cfm-
stable of Chester, had ascertained that there were
1,400 Irishmen and Irish Americana in the cite,
and at that time they had formed themselves int.,
bodies in the main roads, as if to march on a cen-
tral point.
In the evening a town's meeting was held, and
several hundred citizens were sworn in as special
constables. The Volunteers were also on duty.
These steps, and the prompt arrival of troops fro
Manchester, have probably prevented a disturbance
of the public peace.
The strangers appeared well officered and under
complete control ; they arrived principally by the
Liverpool and Manchester lines.
_

10.45 A.M.
The Scots Fusilier Guards (ht Battalion) have
just arrived.
Two havresacks and a quantity of cartridges
(private make) were found on some waste land near
the station.
Great excitement prevails in the city.

MEETING OF CONVOCATION OF THE PRO-
VINCE OP CANTERBUBY.-( THIS DAY.)

This morning the archbishop, bishops, deans,
archdeacons, and clerical proctors of the province of n':m•
terbury, assembled for despatch of business at Western.
ster.

THE UPPER HOUSE.

The Archbishop of CAPMEROURT presided. ud th, re
was a large attendance of bishops. There wee also ie.-
sent Dr. Travers Twiss, the vicar-general of the previa,. ;
Mr. Francis Hart Dyke, the registrar; Mr. Eck:X.llpm,
cod Mr. Watts.

THE LOWER HOUSE.

Of course there was great activity displayed in all parts
of the city during the day, but there did not appear to be
the slightest approach to alarm ; indeed, the excitement
seemed to be welcomed by many as an agreeable relief to
the oppressive monotony of ordinary Chester life.
CIIESTER, MONDAY NIGHT, 11 O'CLOCK.

Several of the men who arrived during the day have left
by the trains this evening, but numbers have arrived dur-
ing the night by road and rail. With the exception of a
little commotion amongst the inhabitants arising from the
events of the day, the city is now quiet. The volunteers
and the police are still on duty, in readiness should their
cervices be required.

The Ven. Archd7acZßietedurr the Ph:.
tutor, presided, and there were present the Very Rea. It
Alford, Dean of Canterbury, the Very Rev. Dr. Sin
Dean of Westminster, the Yen. Archdeacon Bale.:::
Ven. Archdeacon Freeman, the Ven. Archdeacon Fein:,
the Rev. Sir Henry Thompson, Bart., the Ven. A,
deacon Mackenzie, the Rev. Prebendary Gibbs, the ha .
Lord Alwyne Compton, the Rev. Prebendary Itanalaa'
the Venerable Archdeacon Randall, the Yen. Archaic.
Ffulkes, the Rev. Dr. Frazer, the Rev. Mr. Joyce.
Rev. Canon Hawkini, the Rev. ('anon Kennaway, the Kt'.
Dr. Saunders, the Rev. Dr. debts, the Rev. Chance.",'
Massingberd, the Rev. Dr. Leighton, the Rev. C. I.l,ada
and other gentlemen.
The Venerable Archdeacon ALLEN gave notice of a
motion relative to ecclesiastical vestments, providing that
nothing should be worn in church ministrations except tit
stole and university hood.
Canon WOODGATE gave notice of a motion relative to or
improved reconstruction of the Prayer-book.
The Rev. Prebendary Miii.s gave notice of a motion
affirming the necessity of an increase of the episcopate.
The Archdeacon of Exerna gave notice of a motioo
affirming the evils arising out of the inadequate rc-
muneration of the =beneficed clergy.
The Rev. Richard Oee, M.A., of Walla= College.
Oxford, vicar of Abbots Langley, near Watford, took his
seat for the first time as proctor for the clergy of
fordshire, in the room of the Rev. Dr. Nicholson, lite
rector of St. Albans, deceased.
The Archdeacon of Taorrim brought up a report fratal
committee, appointed last session, on the subject of
general Anglican oounciL The committee props* a goer.'
council comprising not only the united church of Eaglet
anal Ireland, together with those branches of it 0 L 152
exist in the dependencies of the British crown, but also tlae
Americanand ticottiahbrsuiches of theAnglicanOOMMUTlloo.
They consider that the girincipal advantsge of suchamoned
would be:—l. To enable the various branches to colder sa
matters imperilling the faith. 2. To provide abo oal
basis upon which to found attempts to bring shout iota r•
communion with other portions of the church
3. The discussion and affirmation of the common pnrple
of right ecclesiastical discipline. 4. The consideration aaf
the principles upon which constitutions and A^
plicable to the whole body of the Anglican conmiaariaa
may best be framed. 5. The taking council toga(, ras
to the best means of sanctifying commerce. einagr.ana.i,
and colonisation. 6. The oonsideration in whi: ay tl.,
missionary action of the several churches of the Alarlta at;
communion may be quickened. The expected result• a•
the proposed counsel are thus stated I. The alts"
condition of colonial churches suising out of recent
visions which in some colonies have rained the a luestiou
far and in what ways their connexion with the church at
England is thereby weakened and put in jeoparaly.
to
important object of the counsel would he to agree on the
proper mode of obviating the difficulties anal :allaying tit"
anxieties connected with this question. 2. This woad.( ;a,•
elude the endeavour to devbe a course of procolaao
which ministers of the church, whether bishop,. priest'.'"r
deacons, accused of denying the faith. of infrieging
discipline of the church, may be duly tried in a nioalaa
cognised by the whole commission as just both to the ac.
caused and to the church. 3. Another question +ha it
might fitly be submitted to the council would lg• this
what extent decisions of the ecclesiastical courts aaf • •
mother church involving questions of doctrine ath a t
the churches in communion with her.
The ARCHDEACON moved the adoption of this repo ,
The Rev. Canon lit.mr.astEy ruse to move .an :ma,
went, " That the house do receive the report of the
mitten, but adopt the first paragraph only." Ile "
in the event of this amendment being carrical he '
to add the following as a rider :—" That this boom'
to reciprocate the declaration of the C.atioliin claurc-a
that it is one with the united church of Es ;land
and In-
land in the great articles of Christian lnhcf. opal also is
the episcopal order, but it hesitates to concur in t 1•
apparent wish of the Canadian church forthemmtith: et.'
general council of themembers of the Anglican ennunainnai
in all quarters of the world, having in view both the menial
fest difficulties attending the assemblage of -.licit a (sae.,
and the dangerous consequences which might result ,
•,
i 4
the uncertainty of the proceedings if asseedal.d. Awl
believes that the common use of the articles ;anal ter.
mnlaries of the united church of England and leeh""1
nishes an even better security for the pres.-1 valeta of.te
at
unity of the colonial churches with the mother ellen .a.alat
which this house would, no less than the
deeply regret the interruption."
The discussion is likely to last all day.

UNIVEMITY COLLEGE, LON At a scssi"a
of council, on Saturday last, a resolution w.e.
record the regret of the council at the Ice, which Ihr
lege had sustained by the death of Mr. Henry Cr.,
Robinson, thirty-two years a member of their
had been a liberal benefactor to the college. tort .1u110:
that long period one of the most assiduous members of the
council and senate. A deed by Mr. Robinson, securing
fund of 2,000 i. for the support of the Fla.nuol IWho.
was presented by Mr. Field. •

I:E(UTIu\ OF GENERAL NI-:LsoN
kND LIEUTENANT BRAND.

..1 I;NEJ) \TIoN AT BOW SrIZEET
I'oLICE Col wr. (Tills DAY.)

Ibo this In ititt.t.e3t in
by tile of
• o. of 1...1N1A1N SU tying to obtain ...Ind.-sit.. to

my teek Li. seat shiirtly lKd,ae twelve
t nth 111111 occupying -sAIA 4,11 the
A ..)A0 I At'll Sil .10A/1,1. IZ.,AA. awl Mr. 41.1'. iicetirt.

-tiol Mr. form
1,,,„, cutioiJ. in•trui n,l by Me•sia. shun and flow
on liehalf of the Lori. Corn-
, ,•r. the Ailininilty for Lieutenant Ilrait.l and
~;•• fur the War Department, for
I N,l•oti.

1I• lat.-tone askid the chief magistrate to allow the
1." .1./It. tt. :AMA on the tloor of the court. in.
• ' of Is Mg idairial ill tilt dock. to which Sir Thomas
11.. •s ..t once laud. Litt tile defendants declined to
Cacio,elves of the prisilege, and remained in the

.k iitleinan here cattle f..r%.kr.1 and said it had hem
F. t.. 1 in the pats rs that li,• had made some undertaking as
t • the attetolanee of Mr. ie. Ili. name was Ruse.
So Thomas Henry- Mt. 31r. Rose, your name has not
1"..11 in this court.

Mi. 1 have --veil it frequently in the daily papers.
sir Thiana+ Ilenry—No such statement ha, been made

if. thi. cmtrt.

Mi. gose—l simply want to ray that I hoer given the
ailarrs-i of Mr. Eyir to the solicitors for the prosecution.
sir Thomas Item y —Mr. Eyre is not before the court at

Pt cc. fl t.
Mr. - I ....II:it, t tottynt to make that htitement.

Mr. o-oicioho to dot to power.liol to state the case en behalf
of th.- prosecution. lk said—ln opening this important in
I, in \ It will b.• fu: uu to trespass for some length
oo attentioo in order that the gentlemen who now
st i.. 1 at the liar of this rotirt may understand the exact
•ut. of the chargi brought against them by the prosecu•
to.- lE. this case. 1.00 indulged me on the previous occa-
stea, w hen I appeared before you, with a few words in
r. f. Eie•• t.. the ease. ao.l imw I will ask your indulgence
to E.. mak.• some brief remarks an to the diameter of
tie pr ..... cation. 1 -tat. .1 that the proceedings instituted
dont the prisoonei, were of an exceptional kind, :tn.l that
its thcrcforo•, .0 ce-mry fur isle to conduct it in an ex-
c.-mimed 111.1111 ten It is very possible it way have
1...:1,11.41, and I have every reason to believe it has hap-
p. that some of the remarks I made on a previous
bane ltd to some misconception. I wish, as far
to remove that misconception, and to state in
a ii...imer and in words upon wlEkh there can Is, no ink-
ttelii.taieling the precise I.osition of the prosecutors in
this case, and the true stature of the charge against
the 4entlenicii who are now before the court. It is no
ca-y matter in conducting a case of this kind
to ad.-twin oil the one hand from speaking with severity.
which wool.] he most improper on every ground, :did to
prevent ma the other thoso who are not accustomed to the
manner of conducting criminal prosecutions frum receiving
false impressions as to the position in which the prose-
cutors stool. It is supposed by some
Sir Tlionias Henry— I do not think it is necessmy for
you to go into those matter...
Mr. Stephen---I have been very much pained to see the
eon mely violent opinions which have been expressed on
both sides in the di-cosies of this case.

Thot.e; Henry -You very properly hte ere d clear of
all the t.

Mr. Stephen —An impression appears to be entertained
by some persons that I treated the case as if I felt
that it was not a serious prosecution. With re-
ference to that opinion I have only to state that
those who have undertaken the prosecution have the
fullest sense of the responsibility attaching to the crams
which they have adopted. Of course in a matter of this
kind it is necessary that I should give it as I have given it
the name which the law allows it to be called. We all know
that legal johnoaca of whatever kind have very little to do
with moral guilt. Mony different shade, of moral guilt
are exprem,ed ill the same legal phrases. If you take, for
bistanee, a case of burglary or manslaughter which may in-
clude every offence front the most trivial to the highest and
gravest known to the law, it will be seen that legal
Language in which a charge ta put has very little to do with
the moral guilt of the party accused. The case before the
court is one which will admit of narrow interpretations as
to the extent of moral guilt of those who are charged.
It is not my business to say one word as to the moral
character of the transaction which forms the ground
of the charge in this case. It is my privilege, as
well ex my duty to abstain from any observa-
tion of that This is • legal, not a moral
inquiry. With respectto the moral character of the transac-
tion, it is a matter upon which every person is perfectly
free to entertsin whatever opinion he thinks proper—
I will not touch upon that question. I propose to treat
the came, first as to the legality of the transaction ; and
secondly, as to the facts, and in doing so, it is my duty to
treat the geutlemen against whom this prosecution
is instituted with all the courtesy which is due from
one gentleman to another, even though that gentle-
man should he a barrister engaged in the task
of prosecuting • criminal charge against those of whom he
has to speak. I have thought it necessary for certain
reasons to make these °leers ations to you in introducing
the case ; and I now shall pass on to review the law by
which the question is to he decided, and to state as con-
cisely as will be consistent with clearness the facts which
rendered these prosecutions necessary. I will only say
one word with reference to Mr. Eyre.
Sir Thomas Henry—l think you may pass that over.
Mr. `Stephen--I simply desire to state on that point that
I believe Mr. Eyre is perfectly justified in adopting any
course in reference to this prosecution which he may be
advised to take in the matter. With these ob-
servations I will jormaital to the more imme-
diate business of the prosecution, and after I
have stated the law of the case and adduced the
evidence by which the charge is supported, it will be your
duty to put the time in train for further investigation.
Now, as the general facts with regard to the arrest and
execution of Mr. Conlon under martial law, or what I will
all martial law for the sake of shortness, it is a matter
whirii there can 1.0 no dispute. The question to be
considered is a hether he was legally executed. He con-
tended that the whole proceeding was illegal from the begin-
ning. Mr. Stephen massed his argument chiefly on the follow-
ing points :—F ma
that except so far as it was inoilitiol by
special and local acts the low of England was the law of
Jamaica. Tilsit the Jamaica acts were to be construed
by the common law of EnglaniL He should at a proper
stage call Mr. Philipps, a distinguished English barrister,
versed in the law of Jamaica, to produce • variety of
documents, acts, and precedents, to prove that proposi-
tion. If it 'Mould be made apparent (as he did not
think it would) that the intention of the Jamaica
acts was to establish a state of things unknown and re-
pugnant to the law of England, that intention was
Inopendive, because it was ultra virus. Martial law was
not defined in the Jamaica sets, they seemed rather to
treat it a, something the existenoe of which they as-
sumed. He contended, however, that martial law
would only be legal in Jamaica, in whatever sense
it was legal in England. That is, that it was a
notice to all whom it might concern, of •
certain state of (sak, which, in the opinion of the
authorities, renders it necessary to resort at once to the
most extreme measures— the use of military force for the
suppression 14 that state of things. If it were considered
that martial law was a setting up of a system or code of
law different from the ordinary law, that was a power
which did not belong even to the sovereign personally.
But he contended that the whole proceedings were tainted
with the vice of the original proclamation, which was of
itself illegal. The proclamation WAS in effect a declaration of
war itgaiint the inhabitants of the county of Surrey,
except in the town of Kingston. Now lie contended that
the sovereign had not power to declare war against her own
subjects, and that even traitors could not be held rut the
t/tleriis enemies. " Enemies" in law could only be those
alio. were out of allegiance to the Sovereign. It was held
that when the King Inch conquered a country he had •
legal right to put all the inhabitants to death—to
exterminate them. So if this could be done the
onicer in command would have absolute power
of life and death over her hlajesty's subjects in that
locality. The distinction he 'insole as to the legality of
tuartid law, was that it was legal for the purpose of sup-
pression, not for the purposes of punishment, except so
far as that punishment was necesaary for suppression.
If esen the proclamation WAS effective it could not justify
the punishment of Gordon for what he was alleged to
have 'lone before the 'late of the proulaniation. There
could he only two tootles of defence to this charge—one
was that the proceedings were legal, and the second
Ti. tLat legal or not it was necessary for the preserva-
tion /.f the peace. He contended that as to the
leadity there aas at least a very grave question, which
ho "o sore the 10... th .ol magistrate would not deal with.
As bra necessity. he wie6t rest content with saying that
alas!. a ...ail was it to, death, the onus of showing that
IL a. t woo teem,-,airy or justified was imperative. But it
1,. aloe of the singular features of this case that they had
the motives of the chief actors stated fully, frankly, and
ho ed fatly, by themselves. Here Mr. Stephen
ria:a kel that he wss only discussing the question as
to I. gal Übe, and dial not intend to impute that there
aiv- any persoind malice towards Gordon on the part
of. ...idler oof these gentlemen. He compared the came
•an th.iteof ernor %Vali, in which Chief Karon Macdonald
charged the jury that if they considered that the evidence
aitmeed a nialicions(which simply meant illegal)intention to
kill, or a olisregarol of life, then it was murder. Now, in
this aw when a nose was sentenced to be hung by the
till de.ool soot that was done there could he no doubt
of ;ie. intention to CALI.Ie death. Mr. Stephen then pro-