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London, England, 1852-11-23 00:00:00

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LONDON, TUESDAY, NOVEMBER 23, 1852.

A remalkable estimate of the present age in
its political significance, is advanced by Sir
ARCHIBALD ALISON, in that noble continuation of
his " History of Europe," upon which he haS re-
cently adventured. However much we may differ
from the annalist in his opinions, we must per-
forate concede to them the attribute of sublimity.
It were as idle to deny to them the possession of
this attribute, as it would be to gainsay the
daring of the attempt by which the historian is
pow bringing down his narrative to the time of
his immediate contemporaries. According to the
view taken by A/snow of the nineteenth century
_the great change now going forward in human
akin, and of which change the author reminds
us that we are the "unconscious instruments," is
the second dispersion of mankind ! Pointing to
the emigration in one direction to California, and
in another to Australia, our annalist calls upon
all intelligent observers to reflect that there are
now advancing " over the hitherto desert and
unpeopled parts of the earth"—what?—" the
spread' of civilisation," and "the extension of
Christianity." He impresses upon the attention
of the educated community the extraordinary
circumstance, that for the first time in the
annals of the human race the stream of
emigration is setting steadily eastwards—
a hundred thousand Anglo-Saxons annually pro-
ceeditg to the ports 4f Australasia ! He calls
upon the more reflective to note the still more
surprising fact, that, while this movement is pro-
seeking, no less than half-a-million Europeans
yearly land upon the shores of the American Con-
tinent ! And, after bidding them weigh these
occurrences in their 'especial remembrance, he ob-
serves that "it is hard to say whether the pas-
sions of civilisation, the discoveries of science, or
the treasures of the wilderness, have acted most
powerfrdly in working out this great change."
By the passions of civilisation, he implies the
visiouary schemes of the Communists, the fantas-
tic projects of Socialism, the principles inculcated
by FOURRIER, and the specious aspirations of the
St. "Simonians. By the discoveries of science, he
especially refers to the virtual annihilation of time
and space by the electric telegraph, and to those
a ,12Plications of the steam-engine, by land and
'Tater,hi•
en have so very marvellously increased
the
th fadstiea
of a
ocemotion. By the treasures of
e wildernessthe gold-fiel: he would have us understand the
being rifled of their abounding
am in the 'llllooll3ly in the south of the eastern
Beholding th,e°rtth of the western hemisphere.
amcieot truths, seeing the discords agitat-
ing the
eariercirnll3' of the Europeans, and
perceiving the
With which so large a
portion of the civilisede"
peopled regions of
is hastening to
the remote and un
SiIVARCHIBALD AmsoN
that in all this he
a'sertegsiontisi of
the globe—
recognises the Second Disper,i(oas
otfh Mankind.
"No such powerful causes"
diabove
he remarks, " producing
enumerateek these
sion of the species, have
come into operation Zeicre-
mankini were originaly separated
'Too the
Assyrian plains :" adding, "and it took place from
au attempt, springing from the pride and ambition
of man, as vain as the building the Tower of
Babel" That -attempt he immediately afterwards
defines in language of much solemnity, and of
equal explicitness. He declaim that it was "the
endeavour to establish social 113licity and ensure the
Lrtunes of the species, by the mere spread of
knowledge and the establishment of democratic
institutions, irrespective of the moral training of
the people." Although we can by no means
acquiesce in the justice of these deductions,
taking them.. ire the aggregate, we cannot

but be conscious that there is in them enough of
truth to demand their most serious consideration
by the advocates of the popular advancement.
From the mournful and startling conclusions ar-
rived at by our historian, we may draw forth
germs of wisdom for the future guidance of the
democracy. He is right, deplorably right, when
he talks of the failure of the stupendous effort
made in modern times to secure the social felicity
by the spread of knowledge, and to insure the for-
tunes of the people by the establishment of demo-
cratic institutions. He is not very far mistaken
when he avows that that failure is to some extent
attributable to the general indifference displayed
in regard to the moral training of the community.
But he is mistaken, to our thinking, very wonder-
' fully mistaken, when he alludes to this majestic
effort of the nineteenth century as to one actually
criminal and even impious in its character. No !
Here it is that we are compelled to differ toto cal°
from our distinguished annalist. Instead of re-
garding the social and political endeavours of the
present age as criminal or blasphemous,
we consider them to be intrinsically good, emi-
nently ennobling, and touchingly beautiful. They
originated, indeed, in the purest and noblest
aspirations. They grew up from that divine
germ sown in the heart of every man amongst us
by the hand of the benign CREATOR—the love of
liberty. They constitute the latest, and the
brightest, and the grandest expression of that
need which has been more or less felt by the
human family ever since our first parents were
driven by the brands of the Seraphim out of
Paradise—the need of continual advancement, of
perpetual improvement, of endless development.
No ! In all this there cannot possibly be impiety
any more than there can be impiety in breathing
the air of heaven. Yet Sir ARCHIBALD ALISON
thinks otherwise ; for he has viewed matters
through some distorting medium incomprehensible
to ourselves. He understands, in the endea-
vour which is the object to us of most true
and most unaffected admiration, only a
subject of shame and a source of con-
fusion. Therefore, we cannot be surprised
when we find him asserting in continuation of his
argument—" As this project was based on the
pride of intellect, and rested on the doctrine of
human perfectibility, so it met with the same re-
sult as the attempt, by a tower raised by human
hands, to reach the heavens." Granted that,
among the aspirants for social improvement and
political amelioration, there have been numbered
those who have, indeed, blasphemed by the pride
of intellect, and by cherishing the impious doc-
trine of human perfectibility—yet such cannot be
accepted as the veritable representatives of the
general aspiration. The hopes of the multitude
rose from a lowlier, and, therefore, a sublimer
fountain—they sprang from the desire of a change,
such as might effectually obtain for them the
assuagement of many sufferings hitherto alto-
gether unalleviated, the recognition of many rights
previously denied to them by their rulers, and the
opening up of many paths hitherto closed by
insurmountable barriers against their skill, their ,
energies, and their intelligence. A glorious and
exquisite dream it has been ; not a dream of evil
and irreligion : and though it has undoubtedly
failed, it has failed only partially and for a while,
not by any means permanently or altogether. In
token of this, it is only necessary to contrast the
social and political condition of the people nowa-
days with the social and political condition of
their immediate forefathers, Let us not hear,
therefore, of the grand movement of the nine-
teenth century having resulted in universal disap-
pointment, or, much less, allow it to be asserted
that it has so fallen out because the effort was in
itself criminal, and even blasphemous.
Comprehensively considered, we repeat, Sir
ARCHIBALD ALISON'S estimate of the present age
cannot but be viewed by ourselves, and no doubt by
many thousands of others, as signally erroneous—
although, while asserting this to be our deli-
berate conviction, we admit the sublimity of
those opinions in the aggregate, and their accu-
racy in several particulars. A more striking tes-
timony of the incorrectness of our historians
judgment in this instance could scarcely be re-
quired than one which can be adduced from some
of the opening sentences of his own Introduction.
He adduces in testimony of his assertion the
event which he conceives to be the penalty of the
movement, the punishment of the crime, the
expiation of the blasphemy. He speaks, as we
have intimated, of the second dispersion of man-
kind ! Yet look well at that second dispersion—
see the source of that grand migration. Does the
human current flow—as it should, if it be in
expiation—from France, the birthplace of the whole
scheme of improvement ? No—the race princi-
pally proceeding to the gold fields of the Australian
wilderness is, as the historian himself observes,
the race of the Anglo-Saxons ! It is Ireland that
is chiefly depopulated : and surely ALIsoN cannot
complain in its regard of any inordinate attention
to the spread of knowledge ! The reality of the
question is simply this—that our annalist has
allowed himself to be fascinated by a sublime and
awe-inspiring hallucination. Nevertheless, the
solemn shadow thus conjured up before his readers
in the " Introduction," has in no way marred the
pellucid clearness of the main narrative. Such, in
truth, could scarcely be the case with a writer as
laborious in the collation of his facts, as lucid in
their arrangement, and as eloquent in their enu-
meration, as the illustrious historian whose genius
is now engaged in the great task of bringing down
the records of Christendom to the days of his con.
temporaries.

We are always delighted to witness the tribute
of friendship and respect offered to public men.
It cheers and strengthens them in their good re-
solutions, and encourages them to persevere in
the course that has gained for them the cordial
approbation of their friends and the community.
One of these demonstrations of public feeling, alike
honourable to the givers and receiver, took place
last week in Southwark. JOHN BRADY, Esq.,
M.P. for the County of Leitrim, was entertained
by those among whom he had for many years re-
sided, and from whom he had gained golden opi-
nions. The respected representative for the district,
APSLEY PELLATT, Esq., M.P., presided, and the
meeting seconded his exertions, so as to render
the evening one of unmixed happiness.
The political views enunciated by the guest
of the evening, were received with the greatest
satisfaction. He showed that the people were the
true source of power, the foundation on which
society rested. His aim, then, was by every legiti-
mate means, to elevate and advance them. That
could only be done by educating and improving
their minds, and diffusing sound information
among the least wealthy. They should be
permitted to participate in the enactment
of the laws which they were bound to
obey. A great extension of the Franchise should,
therefore, necessarily be granted ; but without
perfect freedom in the exercise of the privilege,
without ample protection to the voter, the boon
would be of little avail. " THE BALLOT is, there-
fore, essential—that must be struggled for, and
the people should never be satisfied until it was
achieved." These are sound and constitutional
views. There should be a steadiness of purpose
—an unflinching determination exhibited by all
true Reformers, to be satisfied with nothing less.
It was the hostility evinced by the Whig Govern-
ment to that just and necessary measure (coupled
with the financial incompetency of their CHAN-
CELLOR of the EXCHEQUER) that disgusted the na-
tion, and occasioned their unregretted downfal.
A new light may possibly break in on their
minds through the salutary effects of the removal
from office. In opposition they are really liberal,
and ready to do that which will render them
truly popular. They may now, therefore, regard
the question in a very different point of view ;
and they may be assured that until they do so,
they v,41,
not regainthe
confidence or support of
true Reformers.We look for measures, not men.
And unless the Whigs are
prepared to confer
greater benefits
on the community than their op-
ponents, we would maketo no exertions to restore
" the family party „
interests of " the
many place and power. The
is our chief care ; and
whoever will do most to promote and advance
those interests, shall have our A,
coru.wa assistance.

We shall receive sound and good m 4

matter from what quarter they may proceed.

shall, in like manner, resist any proposition pre-
judicial to the people. Parliamentary Reform is
much required ; but nothing can be accepted of
which " the Ballot" is not a portion. Mr. BRADY
has, therefore, enunciated a principle in which he
will be sustained by all desirous rather of ameli-
orating the condition of the people, than ad-
vancing the interests of party. Give a sound
moral education to the rising generation—you
will thereby qualify them for the noblest privilege
of freemen—a privilege which cannot be withheld
from those fitted to exercise it honestly and
independently. Remove the temptation to
demoralising influences. Prevent bribery, co-
ercion, and intimidation, whether from land-
lord, employer, or customer and you will
have done much to purify the Legislature,
and to render it what it ought to be, a true and
faithful representation of public opinion.
The matters referred to by Mr. BRADY, respect-
ing the administration of charitable trusts, are
well worthy of notice. There are ample funds for
the education of the people, if care were only
taken to apply the resources in the hands of pub-
lic bodies according to the true meaning of those
by whom they were devised. An ample inquiry
will take place into capitular revenues, and we
hope and believe that it may be extended to all
charities without exception ; that the trusts may
be faithfully and efficiently discharged by those in
whose hands they are now vested. The case of
Dulwich College is a striking illustration—where
the property which, in the first instance, produced
only 8001. a year, now realises no less than
12,000/. per annum. It is right that in all such
cases the benefit of the addition to the funds
should be given to those who were the original
objects of the testator's bounty, and that in full
proportion to the increase. We should not then
find the trustees and the administrators of the
property securing the lion's share for themselves,
and allowing only the sums originally granted, al-
though palpably inadequate, to the more humble
recipients.

COURT CIRCULAR.

WINDSOR, Nov. 22,

Her Majesty gave a grand dinner this evening at the
Castle to the distinguished foreign officers deputed by
their respective Governments to attend the funeral of the
late Duke of Wellington. The company also comprised
her Royal Highness the Duchess of Kent, her Majesty's
visitors, and some of the Queen's Ministers and officers
of State.

The banquet took place in the Picture Gallery, and
the guests appeared in uniform.
The illustrious circle included her Royal Highness the
Duchess of Kent, their Royal Highnesses the Duc de
Brabant and the Comte de Flandres, his Royal Highness
the Duke of Cambridge, his Serene Highness the Prince
of Leiningen, her Serene Highness the Princess Adelaide
of Hohenlohe, his Serene Highness Prince Edward of
Saxe-Weimar, the Duchess of Atholl, the Duke of Mon-
trose, the Marquis of Abercorn, the Marquis of Anglesey,
the Earl of Malmesbury, Viscount Hardinge, Lord Rag-
lan, and the following officers deputed by their respective
sovereigns :
From Hanover—General Sir Hugh Halkett, Col.
Poten, Lieut.-Colonel Baron Mahrenholz, Lieut.-Colonel
West, Captain Colin Halkett.
From the Netherlands—Lieut.-General Baron d'Om-
phal, M. Guillaume Tindal (Chambellan du Roi), M.
Gevers (Capitaine de Cavalerie).
From Brunswick—Major-General de Erichsen, Colonel
Bause.

From Portugal—Marshal Due de Terceira, Lieut.-
General Compte de Villa Real, Major Don Manuel de
Souza Continho.

From Prussia—General Count de Nostitz, General de
Scharnhorst, Lient.-General de Massow.
From Russia—General Prince Michel de Gnrtchakoff,
General Comte de Benckendorff, Count Suchtelen, Lieut.-
Colonel Tchernitzky.
From Spain—Duke d'Osuna, Lieut.-Colonel Gabriel
de Torres, Colonel A. de Calvet y Lava.
Col. Cornwall, her Majesty's Assistant Master of the
Ceremonies, Capt. Claremont, the Lady in Waiting to
the Duchess of Kent, Lady Caroline and Miss Barring-
ton, Col. the Hon. C. B. and Mrs. Phipps, Colonel the
Honourable Charles and Mrs. Grey, Sir George and
Lady Couper, Lieutenant-Colonel and Lady Emily Sey-
mour, Colonel Williams (Commanding Officer of the 2d
Life Guards), Colonel Wood (Commanding Officer 3d
Battalion Grenadier Guards), the Gentleman in Waiting
to the Duke of Cambridge, Col. de Moerkerke, Comte
de Briey, and Sir Robert Carswell.
The band of the Grenadier Guards was in attendance
during dinner, and performed the following music :
Veteranen March Hamm.
Overture, Wunder Wasser Flotow.
Lied, Das Schweizer Heimweh Proch,
Duett, Der Verlohrene Sohn Auber.
Galop, Souvenir de Wilhelmsbad Heller.
Lieder Potpourri, "Das Lied, som 9ten Regt.,
Blane Auglein sind gefahrlich, Das
wald voglein" Larzing.
" Zwei Sterne die leuchten in's Leben" Neidhart.
" Jager-Chor aus Martha" Flotow.
The foreign military officers travelled from London to
Windsor by a special train on the Great Western Rail-
way, and arrived at the Castle shortly before six o'clock.
His Royal Highness Prince Albert, accompanied by
the Duc de Brabant, the Comte de Flandres, the Prince
of Leinengen, and Lord Cowley, went out shooting this
morning attended by the Earl of Verulam, Colonel the
Hon. C. B. Phipps, Lieut.-Colonel the Hon. A. Gordon,
and Lieut.-Colonel F. H. Seymour.
Colonel de Moerkerke was in attendance on the Bel-
gian Princes.
Lord Cowley left the Castle this afternoon for Lon-
don.

His Royal Highness the Duke of Cambridge arrived
;o-day on a visit to her Majesty.

It is understood that the Queen and Prince Albert,
with the youthful Royal family, will leave Windsor
Castle on Friday next, by special trains on the Great
Western and South-Western Railways, for Gosport, en
route to Osborne, Isle of Wight, to remain at that
marine palace until a few days before Christmas, and
then return to the Castle for the holidays.

Baron Bentinck, the Netherlands Minister, had an
interview with the Earl of Derby yesterday, at his offi-
cial residence in Downing-street. The Marquis of
Blandford had also an interview with the noble earl.
The Marquis of Londonderry had an interview with
Mr. Secretary Walpole yesterday at the Home-office.
A deputation, headed by Sir John Shelley, had an in-
terview with the Right Hon. J. W. Henley and Lord
Colchester yesterday at the Board of Trade.
Colonel Mackinnon had an interview with Sir John
Pakington yesterday at the Colonial-office. Capt. Wade
had also an interview, with the hon. baronet.
Mr. Humphrey Brown, M.P., had an interview with
the Right Hon. J. W. Henley yesterday.
Dispatches were received at the Colonial-office yester-
day, from the Governors of Ceylon, New Zealand, South
and West Australia, Malta, Hong Kong, Van Diemen's
Land, and Victoria.
Yesterday their Excellencies Marshal the Duke de
Terceira and Conde de Villa Real, General Prince
Michael Gortschakoff, General Count de Benckendorff,
Colonel Tchernitzky, JA Comte Suchtelen, General
Count Nostitz, General de Scharnhorst, Lieut,-General
de Massow, General Sir Hugh Halkett, Colonel Poten
Lieut.-Colonel de Mahrenkertz, Lieut.-Colonel Waste,'
Captain Halkett, Count F. Nostitz, General Erichsen,
Colonel Bause, General Baron Omphal, Captain Govers,
and Baron Tindal, accompanied by Colonel Cornwall and
Captain Stopford Claremont, left Mivart's Hotel on a
visit to her. Majesty and his Royal Highness Prince
Albert, at Windsor Castle.

FASHIONABLE RE-UNlON.—Viscount and Viscountess
Palmerston gave a grand dinner last evening at their
mansion in Carlton-gardens, to a distinguished circle,
invited to meet the Duke and Duchess de Terceira.
The presence of the duke having been commanded by
her Majesty at Windsor Castle, the duchess was alone
present, attended by his Excellency the Portuguese
Minister and the Countess de Lavradio. Among the
guests at the banquet we remarked his Excellency the
French Ambassador and the Countess Walewski, his
Excellency the Spanish Minister, his Excellency the
Sardinian Minister, the Duchess of Inveress, the Mar-
dl
1" Portland-place.
intends We
to
chioness of Aylesbury, the Earl of Westmoreland, the
Countess of Shaftesbury, the Countess of Tankerville,
Lord Howard de Walden, Count Bentevoglio d'Aragon,
Hon. Spencer Cowper, and Mr. Monckton Milnes, M.P.
THE AMERICAN EMBASSY.—The new residence of
uthnedeAmrstaenridcanhisLegationis
ExcellencyN No. 455.,
I.l3_ncgrtelar.ano
zliovreencthhriesftasmhasio.nable world with a series of assemblies

PARTY.
-The Con-
servativeyMflNraGe CONSERVATlVEmOtersTHoEfpariiamn i t PLAORXD.
at two o'clock.
MEMBER FOR HUNTINGDON.—We learn by the last
mail, that Mr. Thomas Baring, the member for Hunt-
ingdon, had been seriously indisposed at New York,
and was confined to his hotel. Influenza was stated to
have been his disease. He was expected to leave for
Liverpool in the next steamer (the Arctic.)
LIVERPOOL ELECTION.—The Liverpool Albion states
that there is to be a petition against the return of Mr.
Forbes Mackenzie and Mr. Turner, for that borough.
The allegations are bribery and treating.
CONVOCATION.—In Mr. Walpole's reply to Sir J. V.
Shelley, on Saturday, it will be observed that Mr.
Walpole did not settle the question of prorogation,
which practically includes that of the right of delibera-
tion. He asserted, however, most emphatically, that
" nothing should induce him to recommend the Crown
to grant its license to Convocation to make canons...He
entertained the strongest opinion that nothing could be
more detrimental to the Church of England, and nothing
was more calculated to cause schism in the Church than
the revival of Convocation.

William J. Cronyn, Esq., of Queenstown, Ireland,
has been elected a Fellow of the Royal College of Sur-
geons of England.

THE SUN, LONDON, TUESDAY EVENING, NOVEMBER, 23, 1852.

LAW INTELLIGENCE-(THIS DAY.)

COURT OF QUEEN'S BENCH.
(Sittings in Banco.)
SIR C. NAPIER V. "THE QUARTERLY REVIEW."

Mr. M. Chambers appeared on behalf of Sir C. Napier,
to move for a rule to show cause why a criminal infor-
mation should not be filed against Mr. Murray, the pub-
lisher of The Quarterly Review, for a libel published in
the October number of that periodical on Sir Charles
Napier, late Commander-in-Chief of the army in India.
The learned counsel opened his case by a brief review of
the services of the gallant General. He entered the
army so early as 1794, and first served early in the Irish
Rebellioi.
Lord Campbell—Without going further, Mr. Cham-
bers, the Court may also take judicial notice that Sir C.
Napier s one of the most gallant, distinguished, and
meritoricus generals that ever led the British army to
.the field.

Mr. Cumbers said that it was necessary he should go
through these circumstances, in order to show that the
application was necessary. Sir Charles served throughout
the Peniaeular and American wars, and also in the cam-
paign of 1815. He afterwards for many years held a
distinguished command in the lonian Islands ; and after
holding the command of the Northern Division of Eng-
land for some time, was in 1842 appointed Commander-
in-Chief it Scinde and Beloochistan, the Earl of Ellen-
borough being then Governor-General of India. At that
time Upper and Lower Scinde were governed by chieftains
called the !timers, and it was suspected that during the
Affghanisb.n war these chieftains had been in communi-
cation witl the Affghans. Sir C. Napier, on joining his
command, had received written instructions from Lord
Ellenborough to investigate if these suspicions were cor-
rect, and he succeeded in ascertaining, beyond doubt,
that the cheftains of both Upper and Lower Scinde had
carried on such communications. Certain treaties had
previously been signed by the Ameers, but Lord Ellen-
borough forwarded another treaty to be signed, in which
was a clause conceding to the Khan of Bahlpoor a certain
portion of territory which the Ameers had formerly con-
quered from him. Upon looking at the description of
territory, Sir Charles immediately wrote to Lord Ellen-
borough to inform him of its extent and value, of which
he had thought he was not aware. With regard to
the treaty every possible endeavour was made by
the Ameers to delay the signing of it. Several
months had elapsed, during which negotiations were
taking ; but, eventually, Sir C. Napier having
reason to believe that their delay was only to enable the
Ameers to concentrate a large body of troops, was
obliged to move forwards with the troops under his
command, amounting to only 3,000 men, and encoun-
tered the .tmeers at Meanee, with a force of 30,000
men. The result was the total defeat of the Ameers,
and the capture of Hyderabad. It was out of circum-
stances occurring in the course of these events that
the libel arose. The article purported to be a review of
" Dry Leaves from Young Egypt, by a Young Politi-
cian," of a speech by Lord Jocelyn on the subject of the
Ameers of Scinde and Parliamentary Papers relating to
Scinde, from 1836 to 1843. In this article expressions
were used Imputing highly discreditable conduct to Sir C.
Napier, aicusing him of incompetency and unfitness
for his office, of a determination to go to war at all
hazards. The first imputation was with regard to the
territory to be ceded to the Khan of Bahlpoor, that
Sir C. Napier had grossly misconducted himself in con-
cealing from Lord Ellenborough the real nature
of the territory to be ceded. Sir C. Napier, in
answer :o this, to show that it was false, had
set fortl the letters which he had written to the
Governer-General during the proceedings, in which
he had suggested to Lord Ellenborough that he probably
was not tvvare of the limits of the territory, and had con-
sequent:3- informed him of them. The next passage was
one which spoke of Sir C. Napier on coming to India
for the first time, ignorant of the language, but predeter-
mined to embroil matters, and bring them to a warlike
demonstration. Sir C. Napier acknowledged that it was
' perfectly true that he was unacquainted with the lan-
guage, and had not served in India, but as to being pre-
determined for war, that he distinctly denied. The next
charge was, that in seeking for proofs of the guilt of the
.Ameers, he had not hesitated to receive letters and do-
cuments as proofs, which were nothing better than for-
geries. It charged him in one instance, with having
received one of the letters as genuine, simply after he had
Aeasired the seal of the Ameer affixed to it with a pair
of compasses. Sir C. Napier stated in answer to this,
hat he had procured one of the private seals of the Ameer,
end found it to correspond exactly with that affixed to
the letter. Another charge was, that before the battle of
Meanee, instead of seeking a personal interview with Meer
Roostan he had avoided all the attempts made by the
Ameer to obtain such an interview, and had thus left
bin exposed to the arts of insiduous advisers which had
a-%isted, with the " ungovernable determination to bring
about war at any cost" of Sir C. Napier, to the com-
mencement of hostilities. All these charges Sir Charles
asserted to be utterly untrue, so far from avoiding an
interview he had sought it by all means in his power.
Lord Campbell—Supposing all these imputations to be
entrely unfounded, what ground has Sir C. Napier to
Apply to this court for a criminal information ?
Mr. Chambers thought it was as clear as possible that
sc charge a high official with incompetency was a libel.
Lord Campbell—lf that were the case there would be
to public newspaper which would not be liable every day
lo a criminal information.

Mr. Chambers said there was still another charge—
cue reflecting on the honour of the British army. It was
Etated in the article that at the surrender of Hyderabad
the soldiers, contrary to the rules of war, plundered the
fortress, even so far as to carry off the jewels and ward-
robe of the women in the Ameer's Zenana. The fact
vas, that there had been no plunder at all ; the troops
had marched in in the most peaceable manner, and
two officErs of the Ameer's household had been
appointed to co-operate with the prize agent and the
Iritish officers to provide for the removal of the women
iY the Zenana with all their effects. On all these grounds
Sir C. Napier, who felt himself deeply injured by these
unfounded remarks, considered that he was not only jus-
tified, but arsolutely called upon to apply to the Supreme
Criminal Ccurt of the country for redress, by way of a
criminal information.

The Cour. having consulted t•gether,
Lord Carcpbell said that he thought the court would
net be justified in interfering in this case in the manner
proposed. if there had been in the article complained
of any passage written with an intention of calumniating
Sir C. Napie-, the court would have extended to him
the protectic of the law. But listening most atten-
tively to tle learned counsel, he had not been
able to disccver any passage leading to such a con-
clusion. FIA, article seemed to him an historical essay,
in which was discussed a disputed passage in history, as
to whether tie Ameers of Scinde had been treated with
harshness or generosity. He entirely believed that
everything sVorn by Sir Charles Napier was perfectly
true, but it 'mould be encroaching upon the liberty of the
Press if the Curt were to allow a criminal information
to be grantxl upon such grounds. They sat there
placed by th( Constitution to restrain the licentiousness
of the press, but also to guard its just libegtiis; and he
hoped that this country, whatever miglr'happen
else-
where, the press would always be at liberty to discuss any
question of listory, whether modern or ancient, freely
and without apprehension of a criminal information. It
seemed to hin that Sir C. Napier had not laid before
them any suficient ground for the application which he
sought. HE strongly denied the doctrine which had
been laid dovn by the learned counsel in one part of his
address. Tiey would certainly find authorities in old
books, Wien the law of libel was not settled,
or settled in a manner highly vexatious, to sup-
port the dcetrine that to impute incompetency to any
high officer of the crown was libelous, because it was

generally awarded for so serious an offence.

Recorder then sentenced him to imprisonment
12 calendar months with hard labour.

PERJURY.

The

William Baldry surrendered to take his trial on a
charge preferred against him for perjury in a case tried
at the Camberwell County Court on the 24th of Septem-
ber last.

said to brig the Government into disgrace, but that
doctrine w 8 long ago exploded. He believed Sir C.
Napier to le one of the most gallant, most distinguished,
and most neritorious officers who ever led a British army
into the fie:d—one whose assistance might be calculated

Mr. Clarkson and Mr. Charnock conducted the prose-
cution, and Mr. Ballantine defended the prisoner.
After the evidence of the prosecutor and several
other witnesses had been taken,

The Recorder stopped the trial proceeding further, in con-
sequence of the unsatisfactory and extraordinary nature of
the evidence and directed the acquittal of the prisoner, inti-
mating that no costs would be allowed. His lordship took
occasion to advert to the inconvenience arising from the
practice of granting warrants against parties on ex-parte
statements before a judge at chambers, observing that
though the act of Parliament prevented him exercising
any discretion, this Court could do so, and invariably re-
quired, when such an application was made, that notice
should be given to the person accused. In the present
case, he had requested the solicitor who conducted the
prosecution to adopt that course, but his advice had not
been followed.

The prisoner was then removed from the dock.

NEW COURT.
ROBBERY.
James Mansfield, 21, and Henry Pulwood, 19, were
indicted for stealing a quantity of empty casks, value
251., from the premises of Mr. Mortimer, builder, Lee,
Kent. Mansfield pleaded not guilty and Fulwood guilty.
From the evidence against Mansfield, it appeared that
the prisoners went in company to a shop in the Old
Kent-road, where they hired a horse and van, with which
they proceeded to the premises of the prosecutor, and in
broad daylight removed the casks. They first offered
the stolen property for sale to Mr. Wingfield, of East
Greenwich, who, however, refused to purchase it, and
afterwards disposed of it to Mr. Hilton, of Thorney-
street.

Mansfield, in his defence, alleged that the other pri-
soner had engaged him to assist in removing the casks,
representing that he had previously purchased them, he
having no reason to disbelieve the assertion.

A good character being given to him by a, respectable
witness,

on by the country, if we should again resort to him, as
we had dote before, in a time of great public emergency ;
but leaving that aside, he thought the application was
not well founded, and the rule must therefore be refused.
The other judges concurring—Rule refused.

The jury returned a verdict of Not Guilty.-
Fulwood was then sentenced to twelve calendar
months' imprisonment with hard labour.
The Court was occupied for several hours in trying
mint cases, that presented no feature of public interest.

CENTRAL CRIMINAL COURT.

MIDDLESEX SESSIONS.
ROBBERY AT THE BRENTFORD UNION.

Mary Jones, aged 26, and Eliza Humpltrer,"aged 23,
pleaded guilty to an indictment charging them with
stealing two blankets 4 the property of the guardians of
the poor of the Brentford Union. The particulars of the
case have already appeared, and each of the prisoners,
who had a child in their arms, was sentenced to six
months' imprisonment and hard labour in the House of
Correction.

OLD COURT.

(Before the Recorder.)

.Henry Heannan, 25, grocer, pleaded guilty to an in-
dictment charging him with embezzling and stealing the
sums-5301., 1/. 68. 10d., 12s. Hid., and 19s. 6d., the
moneys of Joseph Frederick Capps, his master. He was
also indicted on five other charges of felony.
The Itecorder said it appeared that the prisoner had
been induced to commit the robbery by engaging in
betting speculations in connection with the turf, an evil
which wag becoming very prevelant, and unless dealt
with by the Legislature, would give rise to much more
crime ; but, as the prisoner had made every reparation
in his power, by giving information which led to the re-
covery of a portion of the money, and in conse-
quence of his previously good character, he would
pass upon him a more lenient sentence than was

5.. Esther Jones, aged 16, pleaded not guilty to an indict-
ment charging her with stealing, on this day week, 112
pieces of wove cotton, called " derry," value 325., the
property of James Clitherow. The case was fully proved,
and the prisoner, who said in defence "that she knew
nothing at all of the case," was sentenced to 3 months'
imprisonment with hard labour, in the House of Correc-
tion.