The Sun.
London, England, 1855-11-01 00:00:00

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suzpension, or, perhaps, we she say, incorporatlerl--
11
wiCl the statute law, has revivkd, but the machinery
wr ch Plifliament provided no longer exists. If the
Secre ary of State were to 'cue a warrant for th
'removal of a foreigner—ta whom would the warrant
be directed ? Would the officer who executed it be
indemnifed on the ground that it was "an act of
State done by the authority of the Crown 1" Again,
is it clear that an alien friend can sue out a writ c f
Habeas Corpus In both these instances the existence
of the prerogative and the validity of the warrant would
have to be discussed in our courts ; and thus, in the
arguments of counsel and in the comments and reports
in newspapers, additional notoriety and publicity would
be given to the very writings which have occasioned
such universal indignation and disgust. But the ordi•
nary law is quite sufficient to repress and punish any
further attempts which these refugees may make whilst
in this country. If tli,ey continue their incitements to
murder and assassinaticin, they must be taught (without
regard to any public inconvenience of the kind to which
we have alluded) that an English jury will infallibly and
speedily subject them to fine and imprisonment—a more
appropriate though less dignified punishment than simple
banishme:it to any place but their native land.
But in Jersey there is no difficulty whatever in the
matter ; for, in the case of the refugees, the law of the
island has been scrupulously followed. Falls says, " the
Channel Islands, though they are parcel of the dominions
of the Crown of England, are not parcel of the realm of
England—nor, indeed, ever were ; but were anciently
parcel of the Duchy of Normandy, and are those re-
mains thereof which all the power of the Crown and
Kingdom of France have not been able to wrest from
England." The Queen's writ does not run in these
islands, and the inhabitants are not bound by Acts of
Parliament unless they are specially passed therein.
Jersey, therefore, has separate laws, separate privileges,
and separate courts, and the Governor, as the repre-
sentative of her Majesty, administers its affairs quite as
much as the commander of a garrison as a civil officer.
The laws of Jersey show this. One provides "that
foreigners may neither settle nor even enter the island
without the permission of the Governor ;" and, from
this, it fiiws as a necee,ary consequence that the Gover-
nor must have the power of removing foreigners. But
there is no question as to the existence of its power, for
it has been acted upon for offenses infinitely less etre.
cious than those of which Pianciani, Ribeyrolles, V.
Hugo, and their confrei e i have been guilty. In 1836, a
Frenchmen, of the name of Alleaame, was charged with
having married an inhabitant of Jersey, although his
first wife was living_in_reanee TT-- • • -

t..im.;-.--.-vo---,
-2141Pirefititrairaiwiiii7; but;' WTlliTcouri rig nail, ne
was allowed until the following Saturday to settle his
affairs; whereupon his friends, by way of an experiment
for keeping him in the island, got him arrested for debt
and lodged in gaol, but it was useless." Le Cras men-
tions another case in which a M. Fulgence was, with
equal celerity, expelled the island. The Governor of
Jersey has, therefore, in the case of these refugees,
merely exercised the ordinary law of the island ; and,
although they and their advocates may talk an immense
=mitt of nonsense about lynch law and coup d'etat,
we confess that we have some respect for a provision
which is so expansive as to catch alike the bigamist and
tne Red Republican, when either violates the law.

( Front the Morning Herald of this day. )
In the discussions which have arisen with the United
States on the subject of enlistment of recruits for the
service of this country there is one point which, for the
sake of British bououi and good faith, it is most essen-
tial should, if possible, be explained, and that without
delay. We think that the attempt to obtain recruits in
the United States, in the face of a law forbidding such
recruiting, was a very unwise and improper proceeding.
No circumstances could have justified such a step. It
appears, however, that in "authorising" the attempt
tue British Governtneat gave the most stringent in-
structions to all concerned not to violate the mu&oipal
lax. What a strange contradiction is there in these
directions. The "municipal law" of the States forbids
the enlistment of recruits for foreign service. The Bri-
tish Government authorises that enlistment, but gives
the " most stringent instructions to all concerned not to
violate the law."

And now, let us see how the British Minister, Mr.
Crampton, carries out their instructions. He has to do
an act which positively violates the municipal law, but
he has to do it without any violation of it. Mr. Cramp-
ton accordingly tells the man whom he employs (Henry
Hertz, by name)—" As far as I know there is a law in
the United States forbidding the enlistment of soldiers
within the territory of the United States : it is, how-
ever, not difficult to evade this law, because who can
prevent you from sending labourers to Canada! But we
must take care to do this in such a way that it shall not
appear to be in defiance of the Government. My idea
is, that if you have 25 or 30 men together, either your-
self, or some other confidential person, shall take them
direct by railway to Montreal, where I think a depot
may be erected ; ' Mr. Crampton having previously told
this agent that " the British Government bad made ar-
rangements to establish depots at some place in Ca-
nada, on the frontier of the United States."

Afl this appears in an "alleged clnfession of Henry
Heitz, recently convicted at Philadelphia of enlisting re•
cruits f.,r the British service."

Had this confesion stood by itself we confess we
should have placed no faith on its authenticity. We
should have thought it impossible that British diplomacy
would ever have had re,course, to such degrading subter-
fuges ; but, alas ! whether true or fal,e, it cannot be
denied that it is only the raturel and necessary result of
the instructions wide which the representativ of Great
Britain was unquestionably furnishedrellimetr
afraid that we have not yet seen the terminat-on of this
affair. But the last act in the drama appears
to be, that Great Britain has humbly begged pardon,
for " the Briti,h Government has expreesed its regret
at the occurrence complained of; it has also peremp-
torily rescinded every order in existence permitting the
enlistment of soldiers for the Crimea in any of the North
A.merican provinces ;" " thus proving," as the New
York Courier and Enquirer observes, " the sincerity of
the regret of the British Government at what had oc-
curred " ! !

Our hearts are too ml to make any comments on these
proceedings.

DUBLIN, Wednesday.—Dr. Stock, judge of the Ad-
miralty Coue, died yesterday. The storm still con-
tinues, hit is somewhat lighter. Mail packet leaving.
ANECDOTE OF 11LARIIIED LIFE.—A gentleman who
bad carefully trained up his servant the way he should
go, so that when his wife was present he might rot
depart from it, sent him with a box-ticket for the
theatre to the house of a young lady. The servant
returned when the gentleman and his wife were at
dinner. He had of course been told, in giving the
answers to certain kinds of messages, to substitute the
masculine for the feminine pronoun in speaking of tho
lady. " Did you see hint ?" said the gentleman, giving
bim the cue. "Yes, sir," replied theservant ; "he said
he'd go with a great deal of pleasure, and that he'd
wait for you, sir."—" What was he doing ?" said the
wife, carelessly. "Putting on his shawl, ma'am," said
the idiot.—Co ink Times.

EXECUTION OF A Eol,.—The execution of the boy
Frank, for the murder of the Rev. J. J. Weemz, took
place on Friday last. It is strange to say that the ma-
jority of the citizens of Alexandria, and, in fact, the in-
habitants all round, were anxious to see him executed—
and on the fatal day when it came to pass there were
not a dozen people there. Some rode 40 miles to wit-
ness this painful drama, but he was executed and buried
by the time they came to Alexandria. On the day before
he was called to face death, some gentlemen visited him,
and propounded questions to hire, but his answers were,
and could be no other than childish. He was, I believe,
_
only ten years old. The gentlemen told him the sheriff
was to hang him on the next morning, and asked bind
what he thought of it, and whether he badh
leis made
answer
peace with God, and why lie did not pray ?
....e
was,
at
was, " I have been hung many a time!' hi
be had in
the time, amusing himself with marblesWille_s his
thinking that death was to claim hit
when about to die,
his cell. He was playing all the timee
ailisj.hailsi,vnicetviemr.onTcoe
show you how a child's mind rangesthe
granted, sca
ffold
andbe then he do
commenced to cry. Oh, what
tlo'sb.iellpmereinntiitotendthtoatprwal;-,enwhuil
yNkITeEpDt SfoTrATaE Sn.u—milbae br. l eosf
nawahsorrible sight it was,
New Orleans paper.
been
trade, showing the influence of the
of statistics have.o
ld of the cotton crop of the States. It
THE COTTON CROPeOr,r
ilaelat the magnitude of the crop has gene-
caTrHefEultirl
years,‘,
eath e brnyon dealers
th
{cuede 3t,
hntarsablle; corresponded with the date at which the plants
produce their first blooms in spring, and the advent of
frost in autumn. It is clear that the blooms or blossoms
might appear in Louisiana and Florida several weeks be-
fore their appearance in Carolina or the upper sections
of the cotton region. By close observation it has been
ascertained that, taking the average period at which
blooms usually appear, it extends from the last week in
May to the 15th of June, hence the nearer the blooming
approaches the one or the other of these periods, in con-
nection with early or late frost, will be the yield of the
crop. Early blooms and late frosts produce large crops.
Late blooms and early frost, on the contrary, produce
short crops, or such is the theory. The growth of one
year's crop is concluded in the statistics up to the let
September of the following year. Hence an early frost in
1852 would appear in the statistics of 1853. In examin-
ing a table extending over a period of 19 years we find
the earliest notice of a killing frost on the 7th 0ct.,1833,
when the crop was 0n1y1,350,100 bales. The latest date
at which itappeared was on the 10th 848, when
the crop was 2,000,000 to 2,100,000. In Dec.,'lBsl
notof toccurred until after the full maturity of the plant
in-
jure it, when the crop was 2,355,000.
e during
years we find an average occurrence of frost
by
the oi fn el
I ft
reportseen.
the last week in October and the first few
These observations have been draw
of frosts having pretty generally p
occurredFocsrithattahortellbei es cotton Charleston,
except Louisiana, Texas, and
, vrhich, is
region of the south—if we
abama—on the 7th, Bth,
Florida, and probably South A.
ince Oct. 7 1838 &;cco. ;sTidheoraubglhe
Georgia,,
asnoduth9tcharionlsitn.a,, aatndCoat
mac
its advent is thus r
must eatilly'reacollect that there was more
the
l periodin___ sot
hnelrl elemeoarbntdihdaos:nrm'ainund4neina
firf i c t day
8
injury,
planted, and that thelate midsummer
re favourable, ands that the season has been
was more
gathering the yld. The crop grown last
good
(1854) was a small one, amounting to 2,847,339
3breaaies,
against 2,930,027 in 1853, and 3,262,532 bales in
1852. Hence we have every reason to suppose, frost
• or no frost, that the growth of the present year (1855)
; must exceed that of 1854, and which has been variously
estimated at from 3,200,000 to 3,500,000 bales. There
is no doubt but the occurrence of the late early frost
may cut off to some extent what is called the top growth
~f the plants in considerable portions of the cotton
region, and hence the circumstance has imparted more
tone to the rnarkbt here and at the Southern Pcfl,:r,
spective of the European news,—New4l
York ww

LONDON, THURSDAY, NOVEMBER 1, 1855.

It is said that the laws of the United Kingdom
and of the United States are derived from the same
fountain. The works of eminent English jurists
are received in the American Courts with atten-
tion and respect ; and we certainly listen to the
opinions of KENT, STORY, and other trans-atlantic
legal writers with the deference to which they
are justly entitled. The precedents which guide
the arguments of the bar and influence the deci-
sions of the bench in either Country are virtually
the same, or at least of an analogous character.
We are therefore warranted in dealing with mat-
ters relating to the alministration of criminal
justice in America as if they had taken place in
our own country, and under our own inspection.

Now we fearlessly assert that never at any time
or under any circumstances have the private in-
structions of an Attorney-General to the acting
prosecutors in zeferenco to any pending trial, been
given to the world before that trial had taken
place. It may be impossible to prevent the Press
from alluding and commenting on a matter still
sub judic, and, to a certain extent, pre-
judicing the judgment of jurymen who can-
not quite divest themselves of previously con-
ceived opinions. But a high official has never
ventured on such a c3urs3 or attempted to
obt•tin a verdict by such i nproper and wholly
unjustifiable means. To do so would be at once
to show his total unfitness for the office which he
occupied. It would be an effort to pollute the
stream of juitice, deerving the highest possible
censure—an effort which would recoil with ter-
rifi,,t force against liiiaself, so that it might hap-
pen that the engineer might
" Ei&st with bi 3 own petard."

We know that there are high-minded and impar-
tial judges and independent and fearless advocates
in America—and we shall feel greatly surprised if
the unfair and criminal attempt of Mr. Attorney-
General CUSIIING, to impott a political element
jeo the issue about to be tried in the law courts,
be not stringently reprehended from the Bench
and at the Bar—so that he will have cause deeply
to regret the infatuation that induced him so far
to o verstep the strict line of duty.
It is impossible to suppose that Mr. VAN
Du a, the district prosecutor, could have so far
vio'ated all the proprieties of his position ad
to have sanctioned, or even connived at such
publication as that which has attracted so much
attention, without the authority, express or
im-
_plied, of his official superior. Such a gross out-
rage would be promptly and most correctly
visited, not merely with censure, but dismissal.
But if it were possible to entertain a scintilla of
doubt on the subject, it would be removed by a
consideration of the subject discussed in these so-
called instructions, which contain intrinsic
evidence of the object for which they were framed,
and the spirit in which they were conceived.

What has the conduct of the British Govern-
ment to do with the question ? How, or in what
manner, is it pertinent to the issue? The fact
that the Cabinet at 'Washington " has addressed
to that of Great Britain demands of public redress
and satisfaction " cannot be admissible in evidence,
and, therefore, cannot 'form a topic for discus-
isiou by the Prosecuting Counsel. Nor is the
opinion of Judge, KALE, -as to how far it may
cc by ingenious contrivances have succeeded in
sheltering its agents from conviction as malefac-
tors," or the significant threats of ulterior mea-
sures
in the
event of au acquittal, have any bear
ing on the proceedings in Court. The intention
must have been, if Lt all relating to the trial, to
prejudice thejudges, and to inflame the passions
of the jurors, so as, if possible, to prevent the
impartial decision which it is the boast of the
citizens of America will be given to every person
charged with a grave offence, for which, in the
eventof an a(lverseverdict, he will be liable to strin-
gent punishment. Por this gross violation of the
common law and the ordinary rules of administrative
justice, Mr. CALEB CUSIIING would be liable to a
criminal information, and to stand himself in the
dock as an offender against the laws of his coun-
try. Nor would it in any degree justify or even
alleviate his guilt that he was actuated by 4 dif-
scarcely mere warrantable motive.
ferent although
wet ,beficTe that- 'his • chief- ohjeot was to make.