The Sun.
London, England, 1839-01-26 00:00:00

THE SUN, LONDON, SATURDA Y, JANUARY 26, 1839.

SPIRIT 01.,' THE-PUBLIC JO URN ALt.

O'Connell has been making a rabid howl in Dublin, and
trying to persuade people that it was " a patriotic speech." It
was no such thing. It was a short, half-stiffed, sobbing,
hysterical ululation, a mockery of indignant passion ; but all, as
any man who knew him would expect, no better than a dirty,
tricky, calculating affectation of political fanaticism. Tile
ungrateful hypocrite pretended to quarrel with the " Liberal
press" of Dublin, because it has not of late been active or
'eager enough in swelling his vanity or in feeding the " rint."
Why, what is this miscreant, but the child of Dublin news-
papers, their worthless, bastard progeny ? What would he
ever have been, but for the reporters of Dublin newspa-
nrers, who served at once to puff his *riba;cl speeches, and
so multiply by hundreds the meagre few that were on
-many occasions pressed into an audience, and yawned
while the vain demagogue was speaking at the press?
The baseness of this znan is alike in all things; no being
• ever did him a kindness without being scourged fur it ; none
were his benefactors without being heartlessly betrayed. From
the Duke of Wellington, who gave emancipation to the Ro-
man Catholics. from Lord Grey, who passed the Irish Reform
Bill, and front Lord Melbourne, who has been suffocating the
whole Papist and demagogue world with patronage wrung
from the public necessities, down to Peter Purcell and the
reporters—one and all has be attempted to trample on and
sir grade. However, the Radical reporters have turned upon
him, and will report the tyrant no longer. A Conservative
paper has come in to the rescue, and gives us his last display
of oratory, wherein he revives the old vituoeration of the
" base and bloody Whigs," and careers along in a strain
. of voluble frenzy, the overacted extravagance of which
proves well enough that at the bottom of it he hes laid
some lurking contrivance for the promotion of a knavish
end. England, it seems, has been indebted to Ireland for
" reform." Had he said that England owes to Ireland what-
ever of evil, in fact or prospect, has mixed itself up with the
fruits of the Reform Bill, he would have been more nearly
" The base ungrateful Whigs," he avers, bestowed
" a stinted and limited Reform Bill" on " the people of Ire-
land." Bad as was the Bill, it swindled this country out of no
less than five seats in Parliament, and bestowed them on the
4. people of Ireland"—that is to say, on "the base and ungrate-
ful" Mr. Daniel O'Connell ; and an edifying use he makes cf
ahem. Ile " charges the young blood of Ireland" to remem-
ber that the first th:ng " England did was to fling the insulting
chains of a Coercion Bill over Ireland:" Yes, it was the
best and wisest act, and almost the only redeeming one,
of Lord Grey's Administration., that .;very " Coercing
Bill." inaseameh as without it outrage and anarchy
would in another week or fortnight hale ridden rou,;11-
shod over the island, nut even Mr. Daniel O'Connell
being able t> control or mitigate them. The agitator,
indeed, as much devoured by vanity as by any other form o!
selfishness, has always over-rated his own restraining power
over the people, whom it has been the business of his life, to
inflame; and as the Coercion Bill put a check on his excite-
:merits to turbulence, it of necessity affronted and provoked
him. Again, the agitator prefesses to " hate the union" as
much as he does the Whigs. He foretells the failure of tire
" experiment" he is now making to supersede the ultimo ratio
of a " College-green Parliament," and is " consoled by" this
anticipated failure—threatens that henceforth he will be a
:repealer, and potting else; that repealer should be his name,
and the word " repealer" on his tombstone. All mighty
fine, no doubt. But, then, as to Lord Norznanby.
" Oh," the dastardly letter (to Lord Oxmantown) " never
could have been the production of Lord Nermanhy."
Xt came from the "base, ungrateful" English Whigs.
ties" would not submit to it," not he ! If he stood
alone in the House of Commons next Session, he
would himself move the dismissal of Lord Oxmantown. Lord
Oxraantown's offence to Mr. Daniel O'Connell, and to the
Landlord- Assassination Society, was to he deemed the offence
tor Lord Normanbv, and of the entire Cabinet, so long as they
-should leave the Lord-Lieutenant of the King's County in his
office. What, then, it the, meaning of all this obstreperous
and insulting bombast ? Is it that O'Connell is in reality
one whit more bent upon a repeal of the union, or more in
earnest about it, than before? Not one bit. But the rent
tdags—the " people of Ireland " want rousing ; so here is a
grain or two more of Cayenne pepper flung into the ordinary
dose. Again, dote he really intend to quarrel with the
Whigs, whom he thus so royally vilifies? Not a bit. He
has some fresh object of personal cupidity to carry ; and all
this flash and fury means just " serve out a little more of vour
laavns and fishes, if you please." Daniel is an adept at this
speeies of mystification.—Times.
It is not for us to understand how Lord Palmerston may
Teel, but we are sure there is no misapprehending how any
other person in this station of a Gentleman, and in the posi-
tion of a Minister, would feel, after the notoriety given to tire
correspondence between Mr. Urquhart, whom Lord Palmer-
'-ton dismissed from office, and Mr. Backhouse, whom the No-
Ile Viscount has retained in office, by the Times of yesterday.
There never was a fact apparently better established through
this correspondence than that the series of official documents
contained in the well-known publication called the Portfolio,
were printed and circulated by Lord Palmerston's authority
:and that his Lordship is responsible for the publication of them,
both as a Statesman to the political world here and abroad, and
as an employer, to the printers and publishers, for the pecuni-
ary charge attending it. How far it may have been con-
sistent with diploanatic morality to make such use of instru-
ments so obtained as those secret despatches had been, is one
question. How far it may have been wise or prudent to let
Russia see how little, after all, she was in the power of Lord
Palmerston, is another question. But certain it is, that as re-
gards both the wisdom and the honour of attempting to shuffle
off upon Mr. Urquhart that responsibility which Lord Pals
merston must have been conscious that he himself had in
truth, and after full deliberation, with his eyes open, and for
his own especial purposes, incurred, there cannot anywhere,
but in a department of which the Noble Viscount is the head,
be more than one opinion.— Times.
Our columns this day contain an ample account of the pro-
ceedings at the adjourned meeting at Manchester on Thursday
last. Several excellent speeches were delivered on the occa-
sion, The Hon. J. Murray, the Delegate of Edinburgh, as
a landowner, considered be derived no benefit from the Corn-
laws. In illustration of the advantages conferred on a
country by maeufactures, he observed that his own county,
Clackmannar.shire, was very small, only ten miles square ;
that fifty years ago, its rental was not more than 5,0001.
a year, 'Whereas now, in consequence of the introduction of
mandactures, it was upwards of 150,0001. a year; and, after
the county in which Glasgow was situated, paid more revenue
than any county in Scotland. On his health being drank, he
observed, that " for Scotland I will say that when evi-
dence shall be laid before the House of Commons, I for
one shall be able to take there agriculturists—not men
led by their landlords, and who one day vote for
this person and another for that—(Cheers)—not men
who have no opinion or idea of their own—(Cheers)—not
men who bold only the opinion which their landlords dictate,
hut a tenantry independent in circumstances and honest in
-principle, who will advocate your cause, their own cause, and
the cause of the whole country.—(Cheers.)" Mr. Weir, of
Glasgow, stated that he had received a letter from that city,
informing him that the petition to be beard by counsel on the
subject of the Corn-laws, which was now receiving signatures
there, had, on Monday last, been signed by no less than
20,000 persons. Honour to Manchester for having set so glo-
rious an example to the country. To doubt the success of the
people in a cause in which they have justice on their side, after
the determined manner in which they are advancing against the
enemy, would be to libel human nature. The men of Man-
chester have struck the first blow, but they will be ably se.
conded by the people of other towns. The landowners will
not be suffered to ruin the nation in the vain attempt to make
a manufacturing countr.o independent of commerce.—Morn-
ing Chronicle.
Mr. O'Connell, it seems, has entered on a war with the
Dublin Newspaper Press. We are not a little astonished at
this. Can it be that he has already forgotten the conflict,
end its results, which he had four or five years since with the
Press of this metropolis ? If he have, others have not.
Never did man stand in a more pitiable position than did the
Hon. Member for Dublin on that occasion. We remember
hearing him address the House of Commons on the subject,
as if he had been labouring under emotions of the deepest
sorrote at the course of conduct lie had pursued in the instance
in question. We pitied him, and so we are sure did the ma-
jority of the Members of the House of Commons, when we
saw the melancholy plight into which he had brought himself. It
appears, however, that he is not one who can learn wisdom
from experience. In utter forgetfulness, or, at any rate, en-
tirely regardless, of the humiliation he brought on himself on
that occasion, he has now had the consummate folly and reck-
less temerity to enter on a similar conflict with the Press of
Dublin. On Tuesday last he took it into his head, first of all,
to represent the Press of that city as a corrupt Press, and
then to endeavour to intimidate the Reporters present into the
publication of the speech he was then making. Hear his ob-
servations on the point :
"He could not forget that the Irish Press betrayed them_
(Loud clamour, cheers, and interruption.) On the present occasion
they did nor. do their duty. Nothing was owing to them. One and all
neglected their duty, and it was found now that they could be done
without.—(Loud cheers and clamour.) There was a spirit abroad, and
he told them that spirit would spread independently of them.—(Loud
cheers.) They deserved castigation, and he trusted that the castigation
they got would make them somewhat better to-morrow."
And again—
" Let them dare to emit to give this to the world to-morrow—let them
abuse him in all moods and tenses—let them borrow every sarcasm
against him that the Orange Tress had used, and make of it as unsa-
-you ry an olio as they pleased."
Really this is carrying the joke too far. Of all men in the
world O'Connell is, perhaps, the man who is most indebted to
the Press. What would be have been without its aid ? Why, a
person whose name might have been known to a few of his
countrymen, but who never could have acquired a tithe of the
influence and importance he now possesses. And yet though
he is what he is actually through means of the Press, he has the
ingratitude and wretched taste to turn round and heap all,man-
ner of abuse on it. It were well for him if he were as exempt
from corruption as the Press which be thus vituperates and
belies. Does he think so himself ? If he do, others would
be more disposed to concur in opinion with him, if-he were
less in the habit of imputing unworthy motives to those who
do not choose to be his tools. The Dublin Press, with a
spirit which shows that its conductors are not the slaves that
O'Connell would represent them to be, nor the sycophants or
slaves Which the way in which he seeks to browbeat them, im-
plies that he conceives they are ; the conductora of the Dublin
Press, We say, have resented the insult thus 'offered to them
with becoming spirit. The Reporters that were present on
the occasion, on hearing the Journals they 3represented vil-
Med, at once, like men of honour, threw dosn3 their pens, and
would not report a line more of what he spoke. They after-
wards passed. the following resolution upon the subject :
" That, inasmuch as Mr. O'Connell, at the Metropolitan dinner this
evening, used, in reference to the members of the Dublin Press, terms as
insulting as they wereutdustifiable, and dared the omission of the report of

he proceedings—Resolved, that having respect to our own character,
and holding the independence of the Press to be the foundation of public
liberty, and considering that a mean submission, under these circum.
stances, would be a surrender of chose principles which Mn O'Connell
professes a desire to establish, We hold ourselves justified in a total sup..
pression of all the proceedings that took place upon the occasion."
We are glad to perceive that the editors of the various
papers have also resented the insult bffered to them with be-
coming spirit. Even the Pilot, which was understood to
be in a special sense O'Connell 's organ, says :
" We pase the incident, however as one of those which men who mix in
public life are subject to. We forgive and shall try to !beget it.
Long since, indeed, should we have been driven into the more
congenial pursuits of private life, were we not sustained by higher
motives than any which inOiv!duals, however eminent or powerful,
could give or take away—and our character and establishment
founded on something more stable than individual friendship
or gratitude. We are sorry far, not angry at, the incident. The
prowlingplzee.hunting creatures, who lately turned patriots, and who
earwig the great, have, we suppose, their way, in cawing Mr. O'Connell
to quarrel with his old friends, that they may set up the paper of their
own, which they have long been hatching, because the existing journals
had too much regard to their own characters to publish all their foolish
speeches and the puffs they convulsed for so indefatigably. This is the
real secret of the affair."
The Freeman's Journal thus remarks on the matter

" As the gentlemen connected with the reporting department of the
Liberal Press have seen tit to convince Mr. O'Connell that they dared
to think and act for themselves, and that they dared also to resent the
insulting and ungentlemantike treatment to which they were subjec'ed
at the hands of their hosts—by suppressing the entire proceedings--
we have only to express our regret that the intemperate and unj,,st
tirade launched against the body generally should have deprived our
readers of the pleasure and satisfaction," &c.

The other Journals express themselves in a similar strain.
We hope the editors and conductors of the Dublin Press will
continue to act as they have commenced. Let them frame a
resolution, and rigidly adhere to it, not to report a single word
he says, until he retracts his charges against them, and mak,. a
a satisfactory apology for the insult he has offered to them.
Let them make this resolution, and act for one month upon it.
and they will see hien fain to fall down before them in humble
submission, as he did on a former occasion to a parish priest.—
Morning Advertiser.
Lord John Russell has informed his constituents, by letter,
that in his opinion a moderate fixed duty on the importation of
foreign corn, would be more adsawagenus than the present
ascending and descending scale of duties. He moreover states that
experience has shown that tips present system increases the high
prices of dear years to the consurner, snd depresses the low
prices of cheap years-to the producer. We think his Lord-
ship's opinion in this case is a bad one, and his stotement
without foundation in fact. But the worst thing of all in this
letter is the additional convietion it atfoNis the public of ti.e
shabby, trimming policy of the principal Alinister of the Crown
in the House of Conn-liens. If Lord John Russell has in former
years entertained an opinion That the policy of the Corn-laws is
bad, hew does it happen than he should have been Silent upon so
very important a matter? There was no lack of opportunity
fur bringing forward his testimony against that policy 1,, hien
he now so epigrammatically denounces. The judgment c:'
the public will undoubtedly be, that this opinion has been
formed by the Naito Lord to suit the party exigencies of the
day. His Lordship is afraid to withstand manfully, as he
ought to do, the covetous clamour of the agitators for Repeal,
and he is also afraid to put himself in hostility to the landed
interest, by recommending that Legislative protection to
British agriculture should cease. According to the usual
practice of the feeble and the insincere, the Nebie Lord takes
refuge in a half-measure—a measure which will not completely
disoblige either party, but will give satisfaction to neither.
There are, we know, a great many honest men who have long
thought that a fixed duty would answer better for the various
into tea's of this country than the present system, but there is no
reason to believe that Lord John Russell is one of these.—
Morning Post.

per Cents , 354 to 36 ; ditto Three per Cents., 221 to 23 ;
Dutch Five per Cents, 102/ to -; ditto Two-and-a-Half ler
Cents., 55 to 4 ; Belgian, 981 to 99 ; Brazilian, 181 to 79 ;
Coion:bi .n, 281 to 29 ; Chilian, 27 to 29; Mexican, 244 to
23 ; and Peruvian, 174 to 18.1.
Shares are without animation or interest. Birmingham
(old) left drat 76 to 78 prem. ; ditto (new), 23 to 2.1 prom ;
Southampt )n, 42 to 43 per share; Great Wt.stern, 10 to 11
prem.; North Midland, par to 1 prem. ; Leeds and Manches-
ter, 19 to 21 preni. ; Birmingham and Derby, 11 to 10 dig. ;
Midland Counties, 164 to 154 dis. ; Brighton, 4h- to 34 dis. ;
Blackwall, 2 to 11 dis. ; and Greenwich, 161- to 17 per share.
American securities are buoyant, :and a greet deal has been
going on in the shares of the United States Bank at 25/. per
share ex div. Alabama Five per Cents. closed at 91 ; In-
diana Five per Cents., 82 to 83; Illinois Six per Cents., 93,
South Carolina Five per Cents. sterling ( Baring's), 954 to
96 ; Mississippi Five per Cents. steriirg, 93 to a ; Louisiana
Five per Cents., 96 to 1; New York Five per Cents . 94 to
1 ; Penn,‘lv nia Five per Cents., 95 to 96 ; Virginia Six per
Cents., 63 to ; Ohio Six per Cents.. 98 to 99; and Ken.
tucky Six per :tent!., 96 to 97.
On 'Change to-day there was nothing particular going on.
The r,t s on Paris are a shade higher, ar.d those on Amster-
dam a little lower. On Paris, short, the rote was 25 20 to
25 25; ditto, three months, 25 45 to 25 50 ; Amsterdam,
short, 12 01 to 12 1 ; ditto, three months. 12 24 to 12 3 ;
Antwerp, 12 13; Rotterdam, 12 34 to 12 3; Hamburg*, 13
Si to 13 81; Vienna, 10 04 to 10 11 ; Naples, 404 to 401„ ;
Madrid, 37i to 371; Genoa, 25 60 to 25 621; Trieste, 10 `)
to 10 24; Leghorn, 304; Cadiz. ; Marseilles, 25 50 to
25 53 (and Frankfort, 1491 to 150. The price of gold bars,
standard, is 3/. 183. 2d. per oz., and dollars 4a. 104 d. per oz.

HERA LD.—Not only has rumour prevailed here to-day
that the Cabinet are fully satisfied that the present fluctuating
scale of duties on the importation of foreig❑ corn, whilst it has
enabled speculators for their own purposes to flood this coun-
try, without due cause, with the comparatively untaxed corn
of the Continent, which at the same time has scarcely, even
in the slightest degree, contributed to the public revenue, but
also the impression is that Government will propose a fixed
duty. Much of this feeling may be ascribed to the publication
of Lord John Russell's letter to his constituents on this
subject.

The opinion of the most respectable practical men is,
that no scarcity has prevailed in the crops of the last harvest
generally, at any rate not sufficient to warrant the late
gambling on the corn markets of this country. It is
therefore argued that if a fixed import duty upon fo-
reign corn had been the existing law of the land, as-
suming that its rate was commensurate with the difference in the
amount of taxation in this country and the amount of taxation
on the Continent, as it proportionably pressed upon the re-
spective agricultural classes, the consequence must have been,
that whilst foreign corn would have contributed to the public
revenue, the duty, if fixed at a fair rate, would have fully
tested the question of scarcity or the contrary.
There has been eo alteration in the value cf money for com-
mercial purposes this week, but advances and discounts are not
so readily obtained.
Sydney Papers to the 9th of September have been received
here to-day by the Cecilia. It appears by these accounts
that the pernicious influence of Radical principles had seriously
undermined the peace of the settlers in Von Diemen's Land.
One paper states that even many of the very oldest and most
enterprising and deserving colonists, with large ann
amiable families 11;rn in the colony, were deserting it,
seeing no prospect of supporting themselves, much
less being able to educate their children. While any
Government and the pecple are divided, as they
now appear to be in this ill. fated colony, we hers,
no reasona'o!e hope to witness a better state of things. But
let us hope to see our present rulers speedily take some
effective steps to restore this once flourishing colony to its
former improved state. The William Metcalf had arrived
out with 220 emigrants in the most healthy condition, one
death only haying occurred on the voyage.
Great complaints were made of the lavish and misappro-
priate expenditure of the colony, and, to meet the deficiency,
it was expected that the Crown property called the Paddock,
at Sydney, must be brought to public sale. At the same
time there were hopes expressed that the new Governor, Sir
Gcorg,e Gipps, would reform the abuses which bad prevailed
in the public disbursements. The price of wheat at Sydney
was 7s. a 7s. 61 per bushel; at Hobart Town it was 7s. 6cl.
a Ss. 61 per bushel.
Good hills at Launceston on London were zt a premium of
2 per cent., in consequence of which the respective banks
were on the qui vine to meet the demand. Dollars to the
amount of 11,0001. sterling bad arrived at Hobart Town, to be
invested in Treasury Bills at par to be sent to London to
meet the Bank drafts in favour of the drawers at- Launceston.
The Legislative Council of Van Diemen's Land was pro-
rogued to the 16th of October.

LAW INTELLIGENCE.

COURT OF CHANCERY, JAN. 25.
ETON COLLEGE V. GREAT WESTERN RAILWAY.

This was a motion for an injunction to restrain the Riilway
Company from using a road at Slough, for the purpose of
conveying passengers to a station formed there on the railway,
contrary, as it was alleged by the bill, to the provisions of the
Act of Parliament which incorporated the Company.
The Solicitor-General and Mr. Bacon were heard yester-
day for the motion. Mr. Jacob was also heard for the Corn-
parm.

Mr. Wigram and Mr. Osborne were heard on the same side
this morning. They argued that the motion, if it succeeded,
would merely compel the Company to set down passengers on
the north side of the railway instead of the south, and that
no possible advantage could therefore accrue to the College
from the proceeding now adopted to prevent the conveyance
of passengers from Slough to Windsor.
The Solicitor-General having replied,
The LORD CHANCELLOR gave judgment. His Lordship
said he had no doubt that several of the Acts of Parliament
were framed with the express intention of protecting the Col-
lege at Eton from being annoyed by the immediate proximity
of a station on the railway, but that the question for that
Court to decide' was merely whether the clauses so framed
were sufficient to effect the object which the parties contem-
plated. The contract, if any, was contained in the sections
of the Act, and to that the Court must look when it was
called upon to adjudicate on the rights of the parties. The
question was, whether the College could be protected by
he clauses as they stood in the Act of Parliament. These
clauses (the 99th and the 101st) prohibited the making or
laying down of any tram-road, railroad, or any other description
of road within three miles of the College, and also prohibited
the formation of any station, properly so called, within the
same distance. Now it appears that there was an old road
at the place in question, leading to Stoke Pogis ; that this road
was diverted according to the powers in the Act, and that no
other new road was made. It could not, therefore, be said
the old road was a new one laid down, or that it was a
road constructed or laid down within the prohibited limits.
If, therefore, it was not a new road constructed or laid down,
it did not come within the prohibition of the 99th section
of the Act. The road was, it appeared, the property of the
Company; and being so, they had a right to make a medium
of communication with their railway, and to use it as a path
for passengers to pass backwards and forwards to the trains.
It could not, however, on that account be called a railway or
road ; nor because persons passed on this path to the railway,
and were there received into the carriages of the Company,
could the place where they were so received be properly deno-
minated a station. The question, then, narrowed itself to
this—could the Company be prohibited from receiving or
landing passengers on the piece of land which formed part of
the ancient road? If they could not, then the injunction ought
not to issue. The sections of the Act were doubtless intended
to exclude the Company from landing passengers as well as
goods within the prohibited three miles; but, in his Lordship's
opinion, they were not so worded as to effect that object. They
contained no contract between the Company and the College,
and without a contract there could not well be a violation of
the provisions of the Act with reference to Eton College.
The Company insisted that, under these circumstances, they
had a right to do all that was not expressly prohibited. His
Lordship inclined to that opinion, and, under these circum-
stances, he thought the motion for the injunction must be dis-
missed, with costs.

COURT OF EXCHEQUER, JAN. 25.

nu, CANADIAN PRISONERS.

Mr. ROEBUCK said he was instructed to move for a writ of
habeas corpus, addressed to Mr. Batchelor, the gaoler of Li-
verpool, commanding him to bring up the bodies of Robert
Walker, William Alves, James Brown, and John Goldsbury
Parker. He moved upon the affidavits—the separate affidavits
of the prisoners, in which they swore that they had never been
tried or convicted in any court of law ; that they bad been
forcibly brought from Canada, and were now forcibly de-
tained in Newgate, upon what ground they were totally
ignorant. The other affidavit was that of William Waller,
who was clerk to the solicitor for the prisoners. He swore,
that on the 29th of December, he applied for and obtained a
copy of a warrant of Sir John Colborne, from the gaoler of
Liverpool, who stated to him that the document shown him
was the only one he held for detaining the prisoners. In
that warrant it was stated that the prisoners had been con-
victed. Each of them positively swore that such statement
was untrue, and that they had never been either tried or con-
victed, and there could be no doubt but that, if these affidavits
were true, the prisoners were entitled to their discharge. It
wes his duty to lay before the Court some ground of suspicion
respecting the legal detention of these persons. He knew
that it had been decided in a celebrated case, he meant that of
Mr. Ilobhouse, that the writ he sought for was not granted as
a matter of course, that it rested in the discretion of the Court
and that it was the duty of the party applying
for the writ to
show that some suspicion attached to the detention. This
would be an easy task in this case, for the only document which
the gaoler of the borough of
Liverpool had was one 'of the
most informal that had ever been brought under the notice of
a court of law. That d, cement was addressed to Digby B.
Morton, and set forth facts to which the Court could not
give credence, since they had been
positively denied upon
oath by all the four prisoners.
He would read the document
and probably their Lordships would try to understand it. It
ran as follows :

" PROVINCE OF LOWER CANADA.
(Seal) "J. COLBORNE.
`Victoria, by the grace of God, of the United Kingdom of Great
Britain and Ireland, Queen, Defender of the Faith, &c. Bre.
" To Digby B. Morton, master of the barque Captain Boss—Whereas,
under and by virtue of a certain warrant of his Excellency Sir George
Arthur, K.C.H., Lieutenant-Governor of our province aof Upper
Canada, and Major-General commanding our forces therein bearing
date under his hand and seal of office at Toronto, in the said province
of Upper Canada, the sth day of November, in the present year of our
Lord, 1833, and in the second year of our reign—lra Anderson,
James Brown, Randall Wixon, William Alves, Robert Walker,
Leonard Watson, John Goldsbury Parker, Finlay Malcolm, Paul

B dford, Horatio Hills, Charles P. Walroth, James Gammel, John
Grant, John James 7,l`Nulty, Samuel Chandler, Benjamin Wait,
Alexander rillLeod, James Waggoner, Garret Vancamp, John Ver-
sion, and Jacob Bcsimer, severally indicted and convicted in due course
of law in the Courts of the said province of Upper Canada of i
the crime of high treason; and Lines Wilson Miller, George Cooley,
William Reynolds, and Norman Mallory, in like manner severally in-
dicted and convicted of the crime of felony, and Edwin Merrit (not
sent to Quebec), in like manlier indicted and convicted of the crime
of murder, to all of which said persons and convicts our gracious par-
don path been extended upon condition, nevertheless, that they and each
of them be transported, and remain transported to our penal colony of
Van Diemen's Land far and during the period named in the patents of
pardon so as aforesaid granted to the said convicts and each of thorn.
And whereas the said several persons and convicts are by and under a
'a errant in that behalf of his Excellency Sir John Colborne, our adminis-
trwor of the government of our said province of Lower Canada, in that
behalf are now in the custody of our Sheriff of the district of Quebec, in
our said province of Lower Canada, in order to their transportation as
as aforesaid. And whereas we, being willme, that the bodies of the said
Ira Anderson, Jas. Brown, Randall Wixon, Win. Alves, Roht. Walker,
John Goldsbury Parker, Finlay Malcolm, Paul Bedford, Horatio Hills,
Charles P. Walroth, James Gammel, John Grant, John James
M`Nulty, Samuel Chandler, Benjamin Wait, Alexander M`Leod,
James Waggoner, Garret Vancatnp, John Vernon, Jacob Beamer,
Lines Wilson Miller, George Cooley, William Reynolds, Norman
Mallory, and Edwin Merrit, and of each and every of them now in
our common gaol of our district of Quebec, should be directly de-
livered to you, to be transported to Van Diemen's Land, being one
of our penal settlements and foreign possessions, we have, by our
writ in that behalf addressed to our said Sheriff', lately commanded
our said Sheriff that he should deliver the said Ira Anderson, James
Brown, Randall Wixon, William Alves, Robert Walker, John Golds-
bury Parker, Finlay Malcolm, Paul Bedford, Horatio Hills, Charles
P. Walroth. James Gammel, John Grant, John James M`Nulty,
Samuel Chandler, Benjamin Wait, Alexander M`Leod, James Wag-
goner, Garret Vancamp, John Vernon, Jacob Bearner, Lines Wilson
Miller, George Cooley, William Reynolds, Norman Mallory, and Edwin
Merrit, and each and every one of them to your custody, without delay
to be transported as aforesaid. We, therefore, command you to re-
ceive the said Ira Anderson, James Brown, Randall Wixon, William
Alves, Robert Walker, John Goldsbury Parker, Finlay Malcolm, Paul
Bedford, Horatio Hil:s, Charles P. We' roth, James Gammel, John Grant,
John James M`Nulty, Samuel Chandler, Benjamin Wait, Alexander
M`Leod, James Waggoner, Garret Vancamp, John Vernon, Jacob
Reamer, Lines Wilson Miller, George Cooley, William Reynolds, Nor-
man Mallory, and Edwin !Merril, and each and every one of them from
our said Sheriffof our said district of Quebec, and that you do forthwith
transport and convey, or cause to be transported and conveyed, the said
Ira Anderson, James Brown, Randall Wixon, William Alves, Robert
Walker, John Goldsbury Parker, Finlay Malcolm, Paul Bedford, Ho-
ratio Hills, Charles P. Walroth, James Gammel, John Grant, John
James M`Nulty, Samuel Chandler, Benjamin Wait, Alexander M`Leod,
James Waggoner, Garret Vancamp, John • Vernon, Jacob Beamer,
Lines Wilson Miller, George Cooley, William Reynolds, Norman Mal-
lory, and Edwin Merrit, and each and every of them, to such part of
the United Ringdcin of Great Britain and Ireland called England, as
to us may seem fit, tO the end that the said Ira Anderson, James Brown,
Randall Wixon, William AiVe.j,Bobert Walker, John Goldsbury Parker,
Finlay Malco!in, Paul Bedford, Hordie Hills, Charles P. Walroth, James
Gatnmel, John Grant, John James M`Nttity, Samuel Chandler, Benjamin
liam Reynolds, Norman Mallory, and Edwin Met.-.
Vernon,Na it ll
jeaxcaonbd er
Beamer,lN`L
leo d LiJnaese s
sn
Wilson‘ 'V ff.;
o GarreteorgVe a
cn Jv‘.,),'ni
it may be thence
again transported to our penal colony of Van Diemen's Lind' accord-
ing to the condition in our aforesaid pardons, severalty and

respectively in that behalf contained, and that you do there deliver the
Lodies of the said Ira Anderson, James Brown, Randall Wixon, WIT,
Liam Alves, Robert Walker, John Go!dsbury Parker, Fii.lay Malcolm,
Paul Bedford, Horatio Hills, Charles P. Walroth, James Gannel,
John Grant, John James M`Nulty, Samuel Chandler, Benjamin Wait,
Alexander M`Leod, James Waggoner, Garret Vancamp, John Ver-
non, Jacob Beamer, Lines Wilson Miller, George Cooley, William
Reynolds, Norman Mallory, and Edwin Merrit, and the body of each
and every of them into the custody of such person or persons a:- may
be lawfully authorised to receive the same
" In testimony whereof we have caused these our letters to be n- ado
patent, and the great seal of our said province of Lower Canada to be
hereunto affixed.

" Witness our trusty and well-beloved Sir John Colborne, Knight
Grand Cross of the Most Honourable Military Order of the Bath, and
of the Royal Hanoverian Guelphic Order, Commander-in-Chief of our
Forces in our Province of Lower Canada, &c., &c., &c.
" At our Government House in our City of Montreal, in our said
Province of Lower Canada, the seventeenth day of November, in the
year of our Lord One Thousand Eight Hundred and Thirty-eight, and
in the Second Year of her Majesty's Reign.
" By command,

" D. DALY, Secretary of the Province."
Such a loosely-worded document had seldom been brought
before any Court of Justice, especially for such important pur-
poses as the detention for life of a subject. The Court would
bear in mind that the document was not any record of a Court
of Law ; it purported to be letters patent, and set forth that
the prisoners, after conviction, &c. Now it would be a very
remarkable fact if the Court were to hold that the prisoners
had been convicted on the faith of such a document, and that
it was true, as set forth in his former affidavits that they had
not either been tried or convicted. That would, indeed, be
a remarkable fact to be put on the records of an English
Court of Justice. Surely their Lordships would think that
in a case of such vast importance to the parties there ought to
have been some more formal averment that they bad been con-
victed, a fact which they denied ; but supposing the document
even to have had any efficacy at all, be would contend that it
lost all its power upon its arrival at Liverpool. He would fur-
ther contend that even if it had any efficacy or authority here,
it had one fatal error; it did not bear upon its face the term
for which the parties had been transported.
Lord ABINGER—It is stated by reference to the pardon.
Mr. ROEBUCK—But the prisoners swore that they had never
been tried or convicted, and they denied the pardon altogether.
According to the cases in the books, that was a fatal error in
a criminal commitment. If the other doctrine were to pre-
vail, the document in question would be as good authority to
the Governor of Van Diemen's Land as the gaoler of Liver-
pool, and the man who might have been transported for seven
or fourteen years, might be detained for life. It was not a
record of any Court ; it was a mere warrant of transportation,
and it ought to set out the pardon, and not only the pardon,
but it ought clearly to show on the face of it the period for
which the party has been transported. From all that appeared
in the covenant, it was impossible for the Court, the gaoler of
Liverpool, or any one else, to say that the term of the pri-
soner's punishment had not expired ; it was totally silent on
the subject. He thought he had cast sufficient suspicion upon
the warrant, and of course, upon the detention of the four
prisoners, to justify the Court in exercising its discretionary
power. Suppose it had been a decision from any Court in
this country, or was a warrant issuing from any Commissioner
appointed under the Crown,—
Lord ABlNGER—Suppose a writ of habeas corpus were issued
to a gaoler, and he were to bring up the body, and return that
the party had been convicted of felony at the assizes, would it
be competent to show that the party had not committed a fe-
lony or been tried for it ?
Mr. ROEBUCK said that that would be a very different case
from the one before the Court. In that case there would be
proceedings in a court of law. All that was before their
Lordships was what was called letters patent from Sir J. Col.
borne to Digby J. Morton ; to him they were authority, and
he might take them to their destination, bet they were no au-
thority to the gaoler of Liverpool.
Lord ABINGER—Mr. Roebuck, I think you have stated
enough to entitle you to the writs. The proper time to con-
trovert some of your propositions will be when the return is
made. Suppose you were to take a rule nisi, we can then
avoid the inconvenience of bringing up the prisoners, and the
matter can be discussed just as well,
Mr. ROEBUCK—My Lord, I have very great responsibility
thrown upon me in this case, and I should prefer to argue the
question upon the rettirna
The ATTORNEY-GENERAL was abont to argue upon the in-
sufficiency of the affidavits, when he was interrupted by,
Mr. Roeauex, who said that the Attorney-General might
show cause in the first instance, but the more regular way
would be to have the return before the Court.
It was then agreed that the return should be made to-mor-
row (this day), and that the argument should come on on
Monday. It was also agreed that the prisoners should not be
brought up.

The improvements in Pimlico, west of Buckingham
Palace, will be far advanced in the course of the ensuing
spring and summer, when the Royal town residence will be
completely insulated, and the appearance of the whole neigh-
bourhood completely altered and changed, and the approaches
to the Palace in that quarter be or, a splendid scale.—Monsing
Paper. [The "splendid scale" may well be dispensed with,
but approaches knee-deep in liquid mud, such as the public
have long been compelled to wade through, it is hoped will be
amongst the " improvements." The footway through the
Park is the wettest, dirtiest, and least passable perhaps, in the
neighbourhood of London.]
The stork which attracted so much notice on Wed-
nesday it► Westminster, after taking a bird's-eye view of the
metropolis from the Admiralty semaphore, returned to its
abode among the curious birds in St. James's Park inclosure.
NATIONAL LOAN FUND AND ASSURANCE SO-
ClETY.—Meetings were held on Tuesday. at the late Mr.
Cow!and's room in this town, and on Wednesday, at the
School-room, Broomfield, at which Mr. Wells, of the latter
place, attended, and explained the objects of the Institution.
We observe that a local board has been established at Manning
tree, in this county, and various other places throughout the
kingdom. Our readers are referred to an advertisement in our
last week's publication, for information as to the benefits to be
derived by the members of the Society.—ChelraVbrd Chronicle.
THE CHARGE OF MURDERING A POLICEMAN.
—Three youths were yesterday examined at Lambeth-street,
on suspicion of having murdered police constable Barton, un-
der circumstances already detailed. Nothing material was
elicited, and they were remanded till Wednesday next.

Yesterday the police received information that a
large quantity of plate, consisting principally of silver spoons
and forks, had been stolen on the previous afternoon from
the house of a gentleman named Platt, residing in Russ,Al-
- The articles had been used at dinner, and it is
supposed that, having been left for a short time in the kitchen,
one of the class of thieves known as " area-sneaks" had got
unobserved into the house, and carried them off. Several
robberies of a similar kind have recently taken place under
the same circumstances. The police are on the alert to dis-
cover the delinquent.
At Union-hall Police Office a woman was committed
to prison for one month in default of paying a fine Of 20/
(idlicted under the Ist of Victoria, chap. 17, sect. 25), for
having harboured a deserter from the Rifle Brigade. The
prisoner pleaded ignorance of the desertion and of the law on
the subject.
FIRES.—On Thursday night, between eleven and
twelve o'clock, a fire broke out on the premises of Mr. Arnold,
haberdasher, No. 305, Oxford-street, and did considerable
damage. The property is insured. Last night, about half-
past eight o'clock, a fire broke out at the workhous,! of
Saffron-hill. A plentiful supply of water having been obtained
the flames were speedily reduced, and, happily, confined to
that portion of the buildlng where tney originated. lie
cause
of the fire could not be ascertained, all being left apparently
safe about half an hour before.