The Sun.
London, England, 1863-08-20 00:00:00

THE SUN, LONDON, MURSDAY EVENING, AUGUST 20, 1863•

ASSIZE INTELLIGENCE.

Cang o:::4,CoaupnoTw.erful,
- -
NORTHERN CIRCUIT.—LIVERPOOL, AUG. 19.
(Before Mr. Justice Blackburn.)
Benjamin Thomas,
sullen-looking
Welshman, was indicted for the wilful murder of Mary
Rowlands, at Liverpool, on the Bth of May last.
Mr. Bolton and Mr. Littler appeared for the prosecution ;
Mr. Pope defended the prisoner.
During the trial the conduct of the prisoner in the dock
was so extremely violent that his Lordship was obliged to
order him to be pinioned, and on two or three occasions it
took all the strength of several police-officers to overpower
him and to place him under restraint. When he was hand-
cuffed and guarded, so as to make any further outbreak
almost impossible, he hung dowa his head and appeared to
pay little or no attention to what was going on. His Lord-
ship deemed it necessary, along with the question of the
prisoner's guilt or innocence, to leave to the jury the ques-
tion whether the prisoner was ins.ne, or only simulating
madness. It was preyed upon the part of the prosecution
that the deceesod Mrs. P,owlends, wife of a master in the
mercantile marine, kept a seaman's boarding-house in
Brook-street, Liverpool. The prisoner lodged with her for
Bor 10 days, and was to some extent in her debt. He en-
gaged to go to sea in a ship for which a man named Cross-
thwaite was acting as shipping-master, and in consequence
of that engagement received an advance note, which he
lodged with the deceased as a security for the money he
owed her. He afterwards expressed an unwillingness to go
to sea in the ship, and Mrs. Rowlands, who was aware that
in the event of his failure to go on board at the appointed
time the advance note would become worthless, made re-
peated attempts to overecme this unwillingness, and told him
distinctly that if he did not join the ship he would be sent to
prison for 3 months. On the 12th of May she was reason-
ing with him in the Welsh language, when the prisoner
suddenly rose,wcnt into the cellar,and called to the deceased
to come after him. She followed him immediately, and there
is no doubt that while she was in the cellar with him he
attacked her with a heavy wooden instrument, called a
potato-masher," and beat leer about the head until she was
dead. No struggle was heard, but when the prisoner came
upstairs again he had the potato-masher in his hand. With-
out saying a word, but grinding his teeth in a wild and
savage manner, he made a ferocious attack with the formid-
able weapon on a young woman named Elizabeth Benbow,
who was sitting quietly in the parlour. When he had given
her half a dozen blows, an old woman named Evans ap-
peared, and then the prisoner lett Benbow and assaulted
Evans. He followed her into the court and beat her very
severely, and when the neighbours came upon the spot he
threw the potato-masher over the wall and went away laugh-
ing. He was followed and given into custody.
The evidence of the surgeon and one of the warders of
the gaol was put forward by the prosecution in support of
the theory of the prisoner's sanity.
It was now urged in his behalf, by Mr. Pope, that when
he committed all these outrages he was so far mentally de-
ranged as not to be morally responsible for his acts. The
learned counsel relied on the absence of all reasonable mo-
tive, on the hideous ferocity of the murder, and of the
savage and unprovoked assault by which it was immediately
followed; on the untimely mirth which the prisoner had
displayed in laughing as he left the place; on the "grin-
ning" which had been spoken of by Benbow, and on the ad-
mission of one of the witnesses that the prisoner had ap-
peared before the day of the murder despondent, moody, and
out of spirits—as placing the insanity of the prisoner beyond
all reasonable doubt.

The jury found that the prisoner was sane, and on the
facts found him Guilty of :murder.
His Lordship, having assumed the black cap, then in a
most impressive manner passed upon the prisoner the awful
sentence of death in the usual form.
The prisoner wag then removed,
job." saying it was "a good

Johnadd i
Ann Hughes, his wife, at Liverpool, the 28th April last.
on
Mr. Simon appeared for the prosecution ; Mr, Littler de-
fendedHeteudghteos whaabsiitrisdoicf:
jetidteforarptehrelful murder of Mary
the prisoner.
during which he
It appeared that the prisoner was a shoemaker by trade,
but
bhaanidbaenend
herself.accustomed to ill-use, abuse, and threaten the de-
ceased, who was a sober, industrious woman, and conducted
a small greengrocery business for the support of her hors-
The prisonr had been drinking exces-
sively for several days prier to the 26th of April last, when
his wife refused to give him any more money. He then
struck her, and said he would be hanged for her yet 11e
continued his course of intemperance and ill-usage to de-
ceased daily up to the morning of April 28, when he struck
her on the back of her neck while she was asleep. He struck
her a second blow, which threw h:..r off the bed on to the
floor. He then
itmped upon her and kicked her several
times severely. Aid was called in, and deceased was found
lying on the spot where the blow had felled her, completely
paralysed. She lingered until April 30th, when she died.
Upon a post-mortem examination it was found that the fifth
cervical vertebrae had been dislocated and fractured, caus-
ing pressure upon the spinal cord, from which paralysis en-
sued. There were contusions and other marks of injury on
the deceased from the prisoner's violence.
Mr. Littler, for the defence, contended that the prisoner,
having been thinking for some time, was in such a state of
excitement that he had no deliberate intention to inflict the
injuries he bad done; and that the evidence of the manner
of his violence was not satisfactorily established.
Mr. Justice Blackburn having summed up, the jury, after
a short deliberation, returned a verdict of guilty, upon
which the prisoner fainted. Sentence of death was passed
upon him in the usual form.
Mr. Price, Q.C., has been sitting trying prisoners as a
Commissioner all day, in aid of the judges.

LOSS OF THE STEAMER PARIS.

OFFICIAL REPORT.

your lorrrdisshanipds' Baker, direc-
t
GREE.NIVICII POLICE-COURT, Aug. 15, 1863.
My
aLnodr dws —t
with
the
ssa compliancence wfit Cha pytosu
appointed to act as nautical assessors, I have made inquiry
regarding the loss of the paddle steamship Paris, of the port
assistance o.
of Newhaven, on the morning of the 28th of July last, on
her passage from St. Male to Jersey. The Paris was an
iron vessel of 132 14-100 tons burthen, built at Port Glas-
gow in 1852, and owned by Henry P. Maples, of Arthur-
street East, in the city of London, and employed on the
Channel island station, running between Newhaven in the
county of Sussex, and St. Maio in Franc; and commanded
by Henry Hemmings, who holds a Board of Trade certifi-
cate of competency as master, bearing date the 81st March,
1858. An inquiry has already taken place before the Com-
mittee of Piers and Harbours of the Slates of the Island of
Jersey, in reference to the conduct of Peter John De la
Court, who held,a pilot's certificate, granted by the com-
mittee, and was considered to be in charge of the ship at
the time of her loss. His conduct has been censured by
that committee, and his pilot's certificate cancelled. Elm
had on board at the time of her loss a crew of 23 persons,
all told, 50 passengers, and a quantity of cargo. The pilot
above named was engaged to act in that capacity under the
peculiar circumstances hereinafter mentioned. The Paris
left St. Male for Jersey at 6.30 a.m. of Tuesday, the 28th of
July last, and a short time after another steamer, called the
Wonder, followed her, also bound for Jersey, and there ap-
pears to have been a competition between the two ships. At
8.30 a.m. the Paris was about midway between the Min-
quier Rocks and Jersey, about seven or eight miles fr.,m the
latter place; the weather was calm and clear, and the speed
of the vessel about 12 knots an hour. In approaching Jersey
from St. Male there are two channels that may be taken,
the Middle Channel and the Sellette Passage, of which
the former is the more direct, wider, and in every respect
preferable, and generally used. Between thiose two channels

lies a cluster of rugged rocks, called Le Grunot, partially
exposed at low water spring tide, but passable by vessels of
light burthen at certain times of tide and in calm weather.
In making for Middle Channel a N.H. 7 N. course would
clear the Grunot and open the Mid Channel. The same
course would suit for the gallette Passage up to a point dis-
tant about three-quarters of a mile from the Grunot, when,
in order to keep to the westward of these rocks, the course
would require to be altered more to the northward. The
marks for the Middle Channel are St. Saviour's Church a
sail's breadth open to the S.E. of St. Helier's Church, and
for the Sallette Gros Roque, on with the western Martello
Tower. These marks are clearly discernible in daylight
and fair weather, and with a proper lookout, at sufficient
distance to prevent damage from the Grunot. At 8.30,
when, as before stated, the Paris was about seven or eight
miles from Jersey, the master gave directions to steer a
N.E. z N. course, which would serve for either channel.
He then went below for a short time, leaving the pilot upon
the bridge, and in charge (as he considered) as pilot of the
ship. In about 13 minutes he again came on deck, and he
and the pilot both remained on the bridge till the ship
struck on the Grunot, about 9 15 a.m., and after grating
heavily over the rock, sunk in about seven minutes time
in five fathoms water. That some one was grossly in fault
for this result there can be no doubt; and the question is,
upon which of the two, the pilot or master, or whether
partly upon both, the blame ought to rest. To determine
this question we must first look to their respective state-
ments, and see how far they are supported by the circum-
stances or by the statements of the other witnesses. To
begin with the master's statement, which is in substance to
the effect following :—He says that when he had given the
order to steer a N.H. i N. course at 8.30 ho considered he
had no furthe'r chars.; of the ship, which was from that
time under charge of the pilot; that he himself gave no
further orders, nor aid ho interfere in any way, except that
when the pilot asked him which channel he should take, he
replied he aid not care which so that it was for the best,
meaning thereby that he wished to keep ahead of the
other steamer. He says further that the pilot told him he
should take the Sellette Passage, to which he (the master)
made no objection, and that he had no idea but that the pilot
was doing so till he saw the ship close to the Grunot just
before she struck. On the other hand, the pilot's statement
taken before as an oath, is to the effect following :—That
though he considered the ship was under his charge his orders
were not attended to ; that he never said he intended to take
the Scllotte Passage, nor did he intend it, but oa the con-
trary, when the master said lie wished to do what wasb(:s*,
or Os ho expresses it) "cut it short," he told him that it
had all aleriis been his intention to take that channel, and the

master must have known that was so; that when he found
he was opening out the marks for the Areldle Channel, and
too far to the northward, he gave the order to keep more to
the south; that the master did not comply with that order,
but ordered the ship to be steered in the direction of the Ro-
mandiere, and by so doing brought her on the Grunot Rock;
and that if the order to go to the southward had been obeyed,
even to half the ship's length, she would hale gone clear.
Between these statements, so contradictory, end with little
confirmation of the one more than the other, it would
perhaps be hard wholly to deny the master the 'benefit of his
plea, that the ship was under the charge of the pilot and not
under his charge, so as to make him responsible far the loss.
At the same time, supposing this plea to be admitted, his
inattention to the dangerous course of the ship canscarcely
admit of an excuse. He was on the bridge for sone time
before she struck, but he does not appear to have ob.
served the proper marks of either channel, and yet he suf-
fered the ship to proceed at the rate of 12 knots, when he
ought to have known of the near approach to danger. All
things considered, it seems not unreasonable to conjecsure
that the master's desire to "cut it short" had made him
inattentive to the caution that was necessary, if it did not
(as the pilot alleges) actually make him countermand the
order given by the pilot, to keep the ship more to the south-
ward just before she struck. I have been thus particular on
this part of the oaf a because it is with much hesitation that
we have brought ourselves to a conclusion so favourable to
the master. But, in coming to this conclusion, we must
not omit to notice the manner in which the pilot laws have
been evaded in this case. It appears that the pilot, De la
Cour, was hired at 355. per week on board the Paris.
The object of this is alleged to be to save time in looking
out for pilots in coming into and going out of Jersey. But
it appears that it has been the practice of Captain Hem-
mings, for the last five months at least, if not much longer,
never to take a Jersey pilot, but to pilot his ship himself,
although he has no licence for that purpose, and could not
obtain one, not being a native of Jersey. Even so little did
he look upon De la Cour in the character of a pilot, that he
did not avail himself of his services, though he was on
board on the passage from Jersey to St. Malo. The em-
ployment of Do la Cour is clearly an evasion of the pilot
regulations of Jersey. But there is a worse mischief still,
as would appear in this case, viz., that by thus employing
a man who, as is admitted, was intended to be entered on
the ship's articles as second mate, it is quite clear that,
when the occasion occurs for his acting as pilot, he cannot
have properly the authority nor feel the responsibility of
that office; and at the same time, while it does not prevent
the master from exercising his natural authority as master
over his subordinate officer, it leaves him the oppertanity of
screening himself for his own neglect or default under the
plea that the second mate has charge of the ship as pilot,
and that the master and owners are not responsible for loss
or damage. There is little doubt that the master looked on
De la Cour, and treated him, es one of his crew, and merely
a substitute for a pilot, in order to save expense, and that,
therefore, he was bound to see to the navigation of his ship
just as much as if there was no pilot on board. Though, for
the reasons stated, we have felt bound to allow of the master's
defence and have returned his certificate—more, it is true,
upon techn;cal than substantial grounds—we have thought
it our duty to express our strong disapproval of this mode
of employing a pilot, as highly irregular, and likely to lead
to very serious and dangerous consequences. I beg to for-
ward with this report the depositions of the several witnesses
taken before me during this inquiry,—l have, Scc,
We concur in the above report,

JAMES TRAILL.

HENRY HARRIS, J
Nautical Assessors.
It. BAKER,
The Lords of the Committee of Privy Council for Trade.

Fatal Accident on the Greenock Railway,

A melancholy and fatal accident took place at the
railway station at Greenock on Monday morning,
arising out of the prohibited and yet common prac-
tice of leaping an to a train when in motion, by
which Capt. Francis Harvey, shipmaster, aged about
50 years, residing at 20, West Stewart-street,
Greenock, and connected with the well-known
shipping firm of Messrs. Handyside and Henderson,
Glasgow, lost his life in a very shocking manner.
The 845 express up train is always heavy on Monday
mornings at this part of the season, and on Monday
it was unusually so. It was several minutes behind
time in starting, and Captain Harvey lead arrived
among the last corners to go by it, and having a
return first-class ticket. The train was quite full,
and Capt. Harvey being anxious to go by it made
several ineffectual attempts to get a seat, and it is
said that he was twice told to desist by an official.
The train started, end the deceased, who was a stout
heavy man, made the last attempt to get in, and
while on the footboard and endeavouring to get
into a compartment, he was struck against one of
the pillars which supports the roof of the station,
causing him to lose his balance. He was thrown
down, his legs going in between the edge of the
platform and the footboard, and thus he was dragged
a dozen yards, his legs and the lower part of his
body being crushed, twisted, and mangled in a
shocking manner, part of the intestines and the
broken bones of the legs being exposed to view.
The body in fragments was gathered up and con-
veyed into the waiting room, and the melancholy
news was conveyed to the wife and family of the
lamented deceased, whom he had quitted half an
hour before full of health and hope, Capt. Harvey,
who thus lost his life, was master of the steamship
Dom Pedro, which only arrived here on Friday last
from Palermo. He was a member of George-square
United Presbyterian Church (Rev. Ur. Sinclair's),
and was in church at both diets on Sabbath. He
was hurrying to his vessel, which was lying at
Glasgow, wean cut short in his career, leaving a
widow and five of a family to mourn his lamented
and premature death. It is rather a remarkable
coincidence that Capt. Harvey's father-in-law, Mr.
Watson, accountant, lost his life nearly 20 years ago
by a fall down the stairs issuing from the railway
Platform, and that father and son-in-law are the
only two passengers who have accidentally lost their
lives at the railway station here, so far as we can
remember. Deceased was a native of Alloa, in
which place his father was long known as a most
respectable shipowner and shipmaster. His brother,
who only arrived from America on Friday, and had
passed the Sunday with him after a separation,
parted with him on the street at the Greenock sta-
tion immediately prior to the occurrence, intending
to meet him in Glasgow in the course of the day._
North British Mail.

PARISIAN VIEW OF AN ENGLISH SENSATION
DRAMA.—A recent communication from the able
Paris correspondent of our leading morning contemporary
contains the following amusing description of a sensation
drama now performing every night at the Theatre
Chatelet :—" It is founded on the novel of Aurora Floyd,'
and is called 'Le Secret de Miss Aurore.' For obvious
reasons, our sensation novels, however meanly they may
be thought of by persons of any refinement of taste, were
to be highly relished by a large class of French
readers. Mies Aurora a Secret,' as put upon the Paris
stage, seems looked upon as a very serious and pathetic
play, but I suspect that its effect upon English spectators
will be to provoke hearty laughter. They can hardly be
other wise than immensely deverted at the French concep-
tion of an English country gentleman eating and drinking
as hard and as fast as he can put fork and glass to his
mouth, with his face within six inches of his plate, and,
while thus devouring, incessantly and unintelligibly talk-
ing. He occasionally makes a very short break in his epi-
curean pleasures to address a turst of sentiment to his wife,
and, when ttouble comes upon him, he sits and whimpers
helplessly. Bulstrode, the dashing cavalry officer, is got up
to resemble as nearly as possible a distressed tailor, but, as
he wears moustachios and a bit of variegated riband in the
button-hole of his black coat, it is of course impossible not
to recognise his profession. The coroner, a very bald gen-
tleman, with a wonderfully pink scalp, and a tippet to his
coat, comes in, attended by two policemen, to take Aurora
to prison, but he allows himself to be mollified and
calls in a witness, who takes upon himself the office
of counsel for the defence, reasons with the coroner,
and convinces him that Aurora is innocent and
Hargrave guilty. Whereupon Hargrave, who is represented
by a bandy-legged giant, with a diseased physiognomy, in-
timidates the policeman by the display of a carving-knife,
and escapes to the woods, but only to be there tormented
by the ghost of James Conyers and other apparitions, got
up upon the Pepper principle, and which are the most effec-
tive things in the play. Much stress is laid in the bills
upon what is called a hop-picking festival, which takes
place in a sort of forest, amid huge trees, whereon the hops
may bo supposed to have grown, but, having been gathered,
they are of course no longer seen. The festival consists of
a series of dances performed by young ladies in Scotch cos-
tume, mast of the men present also having more or less of
tartan in their attire—it being apparently the conviction of
French playwrights that ' le Highlander' is the chief and
predominating ingredient in the population of Great Bri-
tain."

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Many aggravating sores stand ready to pounce upon the
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e'er the application of the Ointment coolness and comfort
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Ir is Weil, while adopting this trestalent, bo regulate the
s'!cretiotis of the bury by 1110(14,1,,f0 does Of Ii lloway's
Pills, whirls act in Unison with his Ointment, anU facilitate
recovery.

SPIRIT OF THE PUBLIC JOURNALS.

TIMES.—The honours of Lord Clyde's life belong
to the past. They were hardly won, and only for
a short time enjoyed. The work was long and the
reward transient. The vision which he had had
before him through life vanished almost as soon as
he approached it ; or, rather, the vision remains,
and he has vanished after realising it for a short
hour. The name of Lord Clyde remains, the
full justice done at last to him remains, all his
honcurs stand upon the register of time for ever;
but he no longer enjoys them,—they witness to the
certainty with which England, sooner or later,
gives her faithful servants their due, and they are
valuable to ue, but they are nothing any longer to
him. But though the honours of Lord Clyde's
life belong to the past, the honours of death still
remain to be paid. Lord Clyde ought to repose in
Westminster Abbey. That is the place to receive
him. He belongs to the very first rank among the
great workers of the day, and we prize now and pay
the highest tribute in our power to true work done.
We have buried four great workers lately in West-
minster Abbey—one a mighty man in lettersoenother
in mechanics, another in statesmanship, another in
war. Lord Macaulay, Mr. Stephenson, Lord Can-
ning, and Sir James utram lie there. We acknow-
ledge a certain kind of hard work as the criterion and
concomitant of genius and inspiration. Your dull
plodder cannot possibly, let hide try ever so much,
work half so hard as a gifted man,—one who brings
to his work high faculties and an ardent spirit. The
true genius beats the dry sapper even in work—in
laboriousness; for high gifts quicken the pulse
and sustain the stretch of labour; they keep the
man going when, if he was a mere plodder, he
would dr top and rest himself; they furnish con-
tinual fuel for the flame, constant material for the
head to work upon; they du not suffer him to
repose and be easy. A lower order of industrious
man is only at work when he is at his desk ; his
mind is empty as soon as he leaves it. A higher
order of industrious man is always at work, unless
he is exhausted or asleep; he carries his desk, his
portfolio, his books, his correspondence, in his head;
he has his task within him, he takes his work, with
him wherever he goes; he cannot help himself
doing so, because the ardour of his mind keeps it
in motion and is always following up old matter
or suggesting fresh, and calling up hints, and half
ideas, and flying fragments of conceptions, and
sections of plans from the dark void. A Words-
worth. a Stephenson, a Macaulay must be always
working. They know the importance of every piece
of detail for the effect of the whole, and they know
that details must in their very nature be the work
of time, and therefore they know the extreme
value of time, and the use of perpetual wakefulness
to catch every casual precious atom that floats in the
dim atmosphere of thought around us, and must be
caught when it comes, or the slippery visitant is off
in a moment, and beyond the extreme verge of the
horizon again. Wordsworth describes himself, in
one of his sonnets, as pursued everywhere, even at
table and in the midst of company, by the shadow
of an unfound word that was wanted to fill a par-
ticular place in a line. The forge of the true poet who
will bend language to his own exact purpose must be
always at work with its obstinate unyielding mate-
rial, beating it and twisting it ; and the great me-
chanist's and statesman's forge, in the same way, must
be always working. Lord Clyde's work spans half a
century; it stretches from Vimiera to Lucknow, and
takes in all the great military fields of this century
—the Peninsular War, the American War, the first
Chinese War, the Sikh War, the Crimean War, and
the Indian Mutiny. The disheartening glories of
Corunna were a noble but a melancholy part of his
introduction to a military life, and Walcheren gave
him nothing but a fever, which imbedded itself in
his constitution end clung, like Dejanira's shirt, to
him for 30 years afterwards. But a brighter day
followed, and the laurels of Barossa, Tarifa, Vittoria,
San Sebastian, and Bidassoa blossomed into a
brilliant reputation, and sent him back to England
a known and distinguished officer. A time of
peace followed, but he found work to do in the ser-
vice. In the course of time came the first Chinese
war ; then came the Sikh war, with the honours of
Ramnuggur, Chillianwallab, and Goojerat. A
brief interval over, and we see him leading his
Highlanders at the Alma and Balaklava ; and an-
other abort interval over, and he is Commander-
in Chief in India, demolishing the Indian Mutiny-
His life thus includes all the great military exploits
of this century, and the unceasing work which all
these spheres of action gave him was not mere pro-
fessional work—there was a soul and an inspiration
in it, and that inspiration was the true fire and
heart of the soldier, which lay at the very founda-
tion of his character. Everything was a work of
love with him in war, because he had the genius of
war within him, the spark which lights up at the
thought of a campaign and a field of battle. He
was a zealot and an enthusiast, not an officer merely;
all the high qualities and splendid faculties which
aro associated with war—the ardour and rush of
the military mind, its bold impetus, its generous
self-sacrifice, as well as the more sober characteris-
tics of stern vigilance and severe caution, this el, hole
body of grand soldierly qualities had an infinite at-
traction for him. It was the standard of the sublime
in his mind to which he aspired, and the image of
such a character was constantly before him beckon-
ing him on in his career. It was this and no
mere professional spirit which made his work
what it was, and enabled him to go through such
an enormous amount of it. It lightened the day's
interminable drill, and it gave freshness to the
most dry, repulsive, and tedious duties of the
barrack and the camp. All people like the details
that are connected with the main object in their
hearts; the end glorifies the means, the goal con-
secrates the sandiest path that leads to it. You
cannot have too much detail for any man in that
which is his real and genuine line. He loves it and
devours it with a voracious appetite which, give it
ever so much, only craves more. The extreme love
of detail is thus the test of the inspiration of the
man, and it was this inspiration which kept Lord
Clyde up and sent him onward in his trying
career ; which gave him his indomitable perse-
verance. his unwearied imdustry, his power of get-
ting through professional work and never flagging
under any length and amount of it; and, lastly,
sustained him under the bitterest disappointments.
It was the soul of the enthusiast and not the plod
der which made him the hard worker that he was.
Let Colin Campbell, then, lie in his natural resting
place beside the great workers, and the inspired
workers of England, with those men who have made
this country what it is, either in science, literature,
politics or war. Let him repose by the side of the
great departed who, in their different way and ac-
cording to their different gifts, have made life a
serious journey and left grand results of it. Let him
have that resting glace to which 50 years devotion to
his country entitle him. It is no matter to him, but
it is of great consequence to us that great services
should have their due tribute paid them; and
Westminster will be all the richer in national asso-
ciations, memories, and glories for containing the
last remains of Lord Clyde.
DAILY NEWS.—Never had monarch a fairer op-
portunity for supplanting a rival than the Austrian
Emperor had in his recent antagonism to Prussia
and its King. • Francis Joseph had but to outbid
the hesitating and ambiguous liberation of Berlin
by proposing at Frankfort a project of reform or
of union which should be acceptable at least to
the moderate liberals of Germany. Instead of this,
what has Austria offered ? WLat scheme have the
Princes of Germany and its people been sum-
moned to listen to ? A scheme illusive, unfair,
impracticable, and of a nature to be received by
the assembled Princes themselves as a political
conundrum, by the people as a delusion and a snare.
The first ponien of the scheme brought forward
by Austria is that of the new Federal Executive.
The German Government is proposed to consist of
eleven members, three to be chosen by Austria, three
by Prussia, three by Bavaria, and only two by the
rest of Germany, with its varied interests and large
population. The majority of this Executive Council
is at once in thb hands of Austria and Bavaria, two
Courts closely united by policy 'and intermarriage,
both Catholic and both retrograde in many respects.
Such a proposal is nothing less than an insult to
North Germany, and, instead of depriving Prussia
of its adherents, calculated to make all Germany
rally to its side. We had been already warned that
the ideas of Rechberg, and even of Schmerling, were
not sufficiently advanced to satisfy the aspirations
of Germany; and certainly the propositions of
the Emperor at Frankfort will not dimtnish that
mistrust of Austria which prevails in the minds
of the most farsighted German patriots. In addition
to a Federal Executive so unfairly put together,
there is to be an Upper Chamber in which these
Courts and their aristocracies may entrench them-
selves ; and this Upper Chamber is moreover to have
the power to elect one-third of the members of the
Lower or Representative Chamber. We admit that
Austrian statesmen have some excuse for being con-
servative at home. The difficulty of reconciling so
many nationalities and bringing them to harmonise
in one assembly is so great that the attempt to Solve
the problem by giving an immense preponderance
to the aristocracy can be understood. Moreover,
the remote populations of the Austrian empire ere
centuries in arrear, and want that middle class which
tempera extravagant tendencies above and below it.
But Germany contains quite a different kind of
population, and quite a different field for the legis-
lator. It is far too advanced to be governed by
a Senate of Notables. It is far too sanguine and
'too agitated to allow t civic minority to be kept
-do.vp and neutmlis-fi br a large aristocratic ma-
jority s,curt'd by unfair AaAzi;liu
men, by their Etupei or's proposal, have merely
;lima theal.bulV;:s us much ballad, Garialah ideas as

the Austrian empire is behind Germany in political
requirements, in social, intellectual, and political de-
velopment. The step which Austria has taken
should profit immensely to Prussia, if King William
and his Government were of a nature and in a con-
dition to take advantage of it:; for the bare hint of
such proposals must break up what is called
the Great German party, and swell that of the
National Union. What an opportunity for the
King of Prussia himself to retrace his steps, and
throw himself once more upon his people, if indeed
the Prince of Prussia had been called to Gastein by
his royal father for such a purpose ! There is, we
know, a conviction growing up in Germany that
union and regeneration can only be achieved by
shaking off, rather than accepting with alacrity
either Austrian or Prussian supremacy, and this
conviction will gather strength from the experiences
of Frankfort. But however merited by these
Powers, and however just such a conclusion, it still
renders the hopes of re eneration more visionary,
and commits their realisation rather to revolution-
ary haz irds and unforeseen events, than to that re-
gular course of liberal actio❑ in which peaceable
and sensible men may work together for the com-
mon good. Let us hope that German patriotism
may yet have a larger future. The liberation and
union of Italy was the work of a King. Why
should not Germany follow the example of that
Peninsula, so long unhappily associated with its
history and its fortunes? But whatever might be
hoped from one Prince could certainly not be ex-
pected from a Council of Princes, or Fursten Con-
gress, such as that which has met at Frankfort.
The four lesser Kings of Germany are all retro-
grade; the Hesses are little better. It would be
idle to propose to a meeting of Princes any real re-
form of the Confederation, or establishment of unity,
unless some Sovereign would come forward and
speak less in his own name than as the representa-
tive of the national heart and will. It was long
hoped that the King of Prussia would have under-
taken that part. A few indulged in hopes that the
Emperor of Austria, awakened to a full sense of
the crisis, would have assumed the part at Frank-
fort. He has not even approached it. " Put not
your trust in princes," will be more than ever the
watchword of Germany. The Sovereign Congress
of Frankfort will not, however, be without result.
The Grand Dukes of Baden and of Saxe-Coburg
will, it is hoped, have protested against the practi-
cability of the Austrian proposals ; and the meeting
of the Princes will be followed by one of popular
delegates, who, had they been allowed to meet of
themselves, might have made little impression, com-
pared with the weight they will now bear after the
fiasco of the Princes. They will be in a manner
called for. They will have a right to speak. And
the public will anxiously wait to know whether
the German people and their intellectual leaders
have no better prescription for political atony than
a gathering of privileged and hereditary State
Doctors. The Delegation will, we trust, set aside
theories, abstract principles, and learned disquisi-
tions. To state the wants and wishes of the Ger-
man people, and define their political require-
ments and rights in a few plain, brief words that
may be impressed on the mind and fixed in the
memory of every German—this will suffice. What
Germany waists is a Bill of Rights proclaimed by
representatives of the people,

COUNTRY MARKETS.

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NEWARK.-.WEDNESDAY.

The harvest is progressing very satisfactorily, and wheat
will be much above an average yield. Barley will be a very
fair crop. Beans and oats are being secured in excellent
condition.

White wheat new, 458 to 49s 1 Barley,"grinding.. 29s to 31s
Red do. 43s to 47s j Oats, old, .. 263 to 293
Old white 4ss to Ns 1 New do 22s to 25s
Red do. 44s to 49s I Beans. 42s to 44s
Barley, malting....—s to —s i Beans, new.. —s to —a