The Sun.
London, England, 1839-01-23 00:00:00

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,:ite:(l,l by the Court, was, teat it would
presume that all things had been properly conducted in Canada—why ?
because the gaoler of Liverpool bad told them that they were so, and
his assertion was to be taken, in preference to documentary proof.
According to the decision pronounced by the Court, the evidence of this
Man was to be conclusive upon the facts and the law. Such being the
responsibility cast upon this gaoler by the decision of the Court,
it became important to know whether they could by any means impeach
this extraordinary authority that had been given him by the Court.
Their Lordships had said that he was a lawyer, and that he was
Possessed of more than ordinary powers—powers which he could
only denominate as scperlinuaan, for he was able to know what took
place in Canada although it was 4,000 mites distant. Ilow,
under such circumstances, were they to impeach his credit ?
Why, by a singular hitch of good fortune, he had made a great
and through it they had got a document which had been
concocted in Canada, which he had set out. Now, what
does the warrant say that it contained, one first, " whereas," and he en-
treated their Lordships attention to the first proposition it set out with.
He bad read it over many times, and in the first recital with re-
spect to these men—in the first recital of their names there was not
a shadow of predication. It said that all these men had been con-
victed before the Courts of Upper Canada, and what was
more curious in the affidavits before the Court, the dispatch also stated
that they were convicted. Now, what dad the ',turn say ? Why, that
they bad never been tried. Then came the question—which was true?
Was the conviction true, or the pardon ? One or other must be false, and the
conclusion that he drew was that, from the beginning to the end, there had
been a fabrication in Upper Canada by Sir George Arthur, and those acting
with him. He (Mr. Roebuck) made that assertion boldly and fearlessly.
The Attorney-General had said that these persons were pardoned.
The ArroasEY.GENEnAL—Would your Lordships allow me to
state—

Lord DENMAN—We have the affidavit. " Tried and convicted" is
the expression.
The ArroaNcv.GENERAL--There was a list of persons pardoned
Upon condition of transportation.
Lcrd DENNIAN—You are quoting Mr. Bunt's affidavit.
Mr. ROEBUCK—Which quotes Sir George Arthur's despatch.

The ATTORISIEV-GENTIRAL was about to read the passage, when
Mr. Roenneu said, angrily—l would thank you, Mr. Attorney-Gene-
ral, not to attempt to relieve me of my duty. The Learned Conn.
gel then read the passage from Mr. Blunt's affidavit, in which they are
called persons pardoned. The prisoners had all sorts of names applied
to them. The Solicitor-General termed them quasi convicts ;he (Mr.
IL) would take the liherty of calling them pseudo convicts. He was
arguing upon the necessity of great circumspection with regard to the
statements of officers, and the danger there was not only of
mistakes, but oppression, if the forms were dispensed with which the
Wisdom-110, he must not say now the wisdom—but on Monday
last he might have said—which the wisdom of their ancestors had
thought necessary to throw around men charged by great persons with
Melt crimes. They all knew the extraordinary effects which had been
Produced upon the minds of men by the horrors of a dungeon, They
had seen in England, in the case of Bank prosecutions, the terrible
effects of persons being allowed to plead guilty to minor
offenees under the terror cf a capital penalty hanging over
their heads ; and was it rot monstrous that what had
thus excited the horror of the people of England should be allowed to
go en with impunity in Canada—not only with individual injustice, but
Producing a universal feeling of insecurity ? Sir Geerge Arthur had
stated,
in a public document, that they were convicts. He also stated that
they were pardoned. In one of these cases he must have stated what was
Untrue. Sir J. Colborne receiving his information from Sir G. Arthur,
Stated they
were convicted. That was false. But the same degree of
Marne did not attach to Sir John, who would naturally go by Sir George
Arthur's authority. Now, Sir George Arthur sent them to Quebec.
The Attorney-General has stated that Sir John Colborne's warrant ex-
Penderl itself when the parties reached Liverpool. By parity of reasoning
Si
r —.Arthur's authority expired at Quebec. Then by what authority were
the prisoners brought to Eeglaed ? On Sir John Colborne's. But Sir
John Colborne's warrant does not include the name of Leonard Watson.
how the warrant beginning with " Whereas," merely enumerated the
names of several persons as having been severally indicted
and convicted of high treason in the Courts of Upper Canada.
There was not- the shadow of a predication. Would such
a document pass for two-pence in England ? No. Besides which it
stated one fact notoriously false. Now it was said that Batchelor was
'44 guilty; perhaps he was not fraudulently guilty, but there was such
a thing as criminal neglect ; and was not that the casa here, where
the gaoler stat,d, as his authority, a certain document, which he had
never received. He (Mr. Roebuck) wou'd now relieve himself of a
difficulty he had felt since the proceedings began. On Saturday the
Attorney-General had asked him for his " points"—luckily they were
not sent. The return to which the prisoners' Counsel were objecting
was not a legal document till Monday morning.
The ArrORNEY-GE.NERAL with some warmth here interposed, and
said the return was in the possession of Messrs. Ashurst and Co., to-
tidem verdis, as it was tiled on Smut day.
Mr. ;ROEBUCK—But allow me to mention this rather important
fact that my "Points" were not sent teem, and that so'soon as they
Were sent we were told the return was to be amended, and
after the blunders which have since been discovered, was
it not fortunate that our points were not sent earlier? Now it
was worthy of remark that Leonard Watson had been indicted in
March and petitioned, but was not pardoned till October, and never re-
ceived any answer. Was that the proceeding of honest men sincerely
desirous of administering justice, to keep a man in prison from March
to October, without any answer, that answer involving no less than trans-
portation for life ? Now the immateriality of the warrant had been argued
But although he (Mr. Roebuck) considered that its materiality had been
sufficiently established, he thought the question now was whether Mr.
Batchelor had taken the proper precautions. Now, no doubt Mr.
Batchelor had good intentions. Hell was paved with them. But if
atlr. Batchelor was to hare such pawer and such responslhility, surely a
rigid scrutiny should be exercised over his statements; and having been
CoUvicted of stating one falsehood, that would destroy the credibility of
them hole of his evidence.

M.
,FRY said, after the fulness with which this case had been argued,
1:Would only advert to the dangerous consequences which would fol_
to„-W, if gaoiers, or any person holng another in impisonmnt, were
tie allowed to shelter himself undider the protectionr of a third party,
nether authorized by the Crown or not; and it was important for the
'security of the public liberty that the authority of this high prerogative
writ should be rigidly and Effectively enforced.
-Lord DONMAN, after consulting with his Learned Col:cagues, said—
/Otto the question of amending the return, which has been much dis-
e,ussed, I don't know whether it is to be considered as conclusively be-
rre us, or whether it is to be taken merely as a rule to show cause. If
111 the fo.•wer case, we are ready to pronounce our opinion upon it.
Mr. HlLL.said their Lordships might consider that point as sufficiently
argued.

The ATTORN,IY-GENERAL wished to refer to one or two cases upon the
Materiality of the warrant.
Mr. HILL objected that the Attorney-General should have a right to
ZPly as to the materiality of the warrant, which arose upon his (Mr.
's) argument, when the question of amending arose upon the Attor-
licY-General's.
Lord DENMAN—It strike; me that when you very properly made the
cvancy of the warrant a point in your argument, that the Attorney-
General is entitled, according to our usual pr,:ctice, to observe upon
cases which you cited on that point.
The ATTORNEY-GENERAL—I will do no more, my Lord. The first
take, Reach v. Dowling, 3 Salkeld, is a remarkable proof of
the inaccuracy of the Reports which go by that name,
tor profcising to have occurred in the 3d of Queen Ann, it
cites an ...et passed in the sth year ; but the authority
La quite irreleOult, for the party was illegally taken in execution
Faulkener lia,l stated several cases to show that transportation was
not known to the core; moo law of England. Certainly it was not, and this
Was laid down in Coke ,7nd Blackstone. Mr. Dealtry had shown to him
and there were before the Court, cases where pardon hod been granted,
on condition of submitting to iransportation, during therebellion of 1745.
Mr. HeLL said his LearAed Friend was not only replying on the cases
Cited, but referring to others.t
The ATTORNEY-GENERAL—It was not necessary to refer to
these cases, because this proceeding was not at corn-
Mon law, it was under a lawful ordinance of the legislature
of Upper Canada, the validity of which had been recognized by
the unanimous decision of this Court. Mr. Faulkner had admitted
that if the prisoner was in execution, no warrant was necessary. He
(the Attorney-General) submitted that he was in execution of the sen.
tence, that, though it was not pronounced after the trial by Jury,
it Was a sentence pronounced according to law. After a diligent
ciatisideration of the cases, it seemed to him that there was no power to
contradict this return to the writ of habeas corpus. They could not
contradict a return standing on the files of the Court, but they might
Plead an avoidance introducing a new fact ; where there was a return
'made, knowing it to be false, it was a contempt of the Court, and the
Court would quash it altogether.
The Court then conferred.
Their Lordships delivered judgment seriatim, ordering the
rule .to be discharged, and the return to be amended.
NVO shall give the Judgment fully in a
SECOND EDITION.

The line and
on`
of yesterday states that on Fri-
day last or early on the following morning, three men, who
were under sentence of transpt,:"tion, contrived to effect their
escape from Aylesbury county goal. It appears that in the
means got u the
the instance they broke their cells, and by
!hat
ridge of the
the roof of the prison, when they passed down
tiling near the Judges' rJorn ; and making their way ,along a
wall 30 feet high, descended at the extremity thereof, a,`l
escaped through an unfinished building. Rewards have been
offered for their recapture.
Yesterday morning a young woman made a deter-
Mined attempt at self-destruction by suspending herielf with
'her garters from the bars of the cell in the Kentish Town sta-
tion-house, in which she had been locked up for some trifling
offence. On being cut down, she evinced scarcely any signs
of life, but was ultimately restored.
Yesterday morning a shocking accident occurred to
JarnesWootton, a lad fifteen years of age, footboyiin the service
tof Mrs. Hennsworth, residing in the Alpha Cottages, Regent's
Park. A bell-hanger was perforating the wall, for the pur-
pose of passing a wire through, when the lad placed his eye to
-.ne hole, and the augur running into it destroyed the sight.
Paulina Garcia has declined the offer made to her
by the Directors of the Philharmonic for singing rt the ensu-
ing concert, although the terms offered were very liberal.
1 t is said that the next renewals on the leases from
the S'ee of Cashel will amount to nearly 20,0001., which will
Come ;to the new Bishop of that diocese (Dr. Sandes), in the
course, of a few months.
CH Ait GE OF MURDERING .A POLICEMAN,—
'On the 18th of October last the body of John Barton, a con-
:stable of the K division of police, was found in Bromley lock,
'which is a brand; of the River Lea, and, as a matter of course,
:an inquest was held to investigate the cause of death. On that
/inquiry it was the general opinion of the Jury that the de-
e, lased had, while in a drowsy and sleepy state, walked into
th elock, and they returned a verdict of " Found drowned."
()tying to the fact of there being a deep wound in the back
part' of the head of the deceased, and the singular circum-
etaneo, of his cape being missing, and not afterwards found, a
strong .suspicion rested on the minds of those in his division
that he kad not come by his death by accident ; but up to a
few days at,:o nothing could be learned to attach suspicion to
any party. On Sunday morning last, however, a communi-
cation was mate to Mr. Inspector M'Cran that two brothers,
named Eagle, had been heard to say that they knew something
of the matter. They were accordingly apprehended, and
brought before the Magistrates at Lambeth-street, yesterday.
James Eagle, ono of the accused, stated that, having been
in the habit of meeting a number of bad characters at a beer-
shop, he had heard one of them state that four men (whose
flames he mentioned) had committed a robbery at Bromley,
sand that one of them being seized by Barton, had flung him
Ito the canal. Accused had not been present at the occur-
tenee himself. He Was remanded, and his brother was dis-
charged.

The publication of Ttin SUN NEnspapEß commenced this day
at 50 minutes past Three o' Clock.

LONDON :
WEDNESDAY EVENING, JANUARY 23, 1839.
MARRIAGE OF HER MAJESTY

The country will learn with delight that the most
interesting part in the Speech from the Throne to
both Houses of Parliament, and the country
at large, will be the announcement of Her MAJESTY'S
intended marriage. • The happy object of Queen
VICTORIA'S choice is Prince ALBERT, son of the
Reigning Duke of SASE COBURG, and cousin of Her
MAJESTY. Mince ALBERT iS handsome, and
about 22 years of age. He has resided for some time
in this country, on a visit to his Royal Relatives.
How soon the happy event is to take place, we are
not prepared to say ; but our readers may depend upon
the authenticity of our information. •

In a supplementary chapter to a " Life of Lord
ANsoN," by Sir JOHN BARROW, just published, the
distinguished naval biographer states, that there has re-
cently been so much abuse of the Admiralty, and so many
misrepresentations with regard to the state of our Navy
compared with that of Foreign Powers, bandied about
is party pamphlets, newspapers, and after-dinner
speeches, that he deems it right, and even feels it a
duty to disabuse the public, by showing that the
oft-repeated charges of the neglected and reduced state
of the British Navy are wholly unfounded in fact. To
effect so desirable and laudable a purpose—one which
merits and has our thanks, no matter what may be our
convictions—Sir Jour,: BARROW has favoured the
public with the annexed Return, showing the number
of line-of-battle ships, frigates, and war-steamers, be-
longing to England, France, Russia, America, Egypt,
Turkey, Holland, Denmark, Sweden and Norway,
Spam:; Naples, and Sardinia at the commencement of the
current year. The known integrity of the writer, and his
ready access to all the means of information possessed
by the Board of Admiralty, will silence those who,
under other circumstances, might feel disposed to call
the correctness of this Return in question. As The
Sun is one of those " Newspapers" in which the con-
duct of the Admiralty, with respect to the state of our
Navy, has been most severely censured (though
certainly not for party purposes, as our readers
well know), we owe it to the Administra-
tors of that department freely to acknowledge
that we receive the Return now offered by their respected
apologist as not more intended to disabuse the public
mind, than worthy of public credit. But will it dis-
abuse public opinion with regard to the state of our
Navy ? Will the people be delighted to learn, that
Russia, who only a few years ago boasted of a fleet,
consisting of a few frigates, badly manned, and
wretchedly equipped, has at this moment twice as
many vessels of war in commission as Great Britain ?
Will they be in extacics at being told, on unquestion-
able authority, that while Russia has five ships of the first
class, well manned, and provisioned for four months,
afloat, Great Britain has four, some of them with half
their complement of men, and none with stores for a
cruise of three months—that while Russia has sixteen
ships of the second class similarly manned and provi-
sioned, England has four—and that while of the third
class Russia has nineteen ships afloat, Great Britain
can only boast of twelve ? Is this a statement likely
to be palatable to the people of England ? Of fri-
` gates we have only nine altogether in commission,
whereas Russia has twenty-four, though she has
neither colonies nor commerce to protect, It is notorious

that several of our ships of the line in ordinf.?Ty, arc

little better than Itikq, and that: it would co::t almost
as much Lime and money to render them sea-worthy,
as to build new vessels ; and yet even in point of
number of ships of the first class, France will stand
ahead of us in the course of a few months. Of this

class of ships—by far the most important in any future

contest for the empire of the seas—we have nineteen,
of which three are building, whereas France has
twenty-one, of which sixteen will be new, and of
the very best construction, they being now up-
on the stocks, and building after the most highly
api roved models. Her dockyards are crowded,
and according to the ofFicial calculations of her Ali-

'lister of Marine, she is able to command the
services of 90,000 " inscribed" seamen, as a set-off to
which we have more ships than sailors, our dockyards
are wildernesses, and in the event of a war our
Ministers have no alternative to look forward to
but the adoption of the barbarous, inhuman, and dis-
graceful system of impressment ! The Lords of the
Admiralty may appeal in justification of their admi-
nistration to the number of small craft rotting in our
docks as evidences of the strength of our fleet ; but
allowing them all the advantage which a mere calcula-
tion of numbers without efficiency can give them, they
dare not pretend that the relative strength of our Navy
keeps pace with that of France and Russia. To
evince the absurdity of such a supposition, it is only
necessary to point to the number of first-rates building
at the present moment by England and France, and the
still more glaring discrepancy in the number of first-
rates actually commissioned by Great Britain and
Russia. Sir JOHN BARROW'S supplementary chap-
ter, has confirmed, instead of dissipating, our impres-
sions of the inefficiency of our Navy ; and as the sub-
ject is of the utmost importance, we shall do all in our
power, when opportunity serves, to place it fairly be-
fore the public. As to the indignation which ae
writer expresses at the conduct of those Naval Officers
who have dared to make the state of the service known
to the public, instead of embodying their complaints in
memorials to serve as waste paper at the Admiralty,
we take leave to observe, that the Naval Officer, who,
believing the honour of the flag of England to be in
peril, would hesitate an instant to appeal directly
to the patriotism of the nation, could not be consi-
dered other than a traitor to his country. And we
will further observe, that knowing the strictness of
naval discipline, and the pride which British Officers
take in its careful observance in all cases whatsoever,

the very fact of their appealing to the nation goes a
great way to prove that they not only regard the case
as urgent, but they are persuaded of the inutility of
attempting longer to'rouse by memorials the dormant
faculties of Lord IVIINTo and his dozing Colleagues.
But as these Officers have evidently incurred, by their
patriotic, well-timed appeals to the nation, the resent-
ment of " my Lords," it becomes the duty of the
public to take care that they do not fall the victims of
official vengeance. The Board of Admiralty is not
wont to forgive Officers the heinous crime of exposing
its inertness and incapacity.
ENGLAND.

SHIPS OF THE LINE, FIRST CLASS, OF 100 GUNS AND UP-

%%ARDS.

In Commission..
In Ordinary
Buildirg
Total of Ist class
SECOND CLASS—From 80. to 100 Guns—
In commission
In ordinary
Building
Total of 2d class
THIRD CLAss—From 70 to 80 Guns—
In commission
In ordinary
Building
Total of 3d class
Grand total of the line .. —9O
Of which 20 are in commission.
FRIGAAS, FIRST CLASS—Rim-es and of 60 guns—
In commission ..
In ordinary
Building
Total of Ist class
SECOND CLASS-50 and 52 guns—ln commission 1
In ordinary
Building
TotaLof 2d class
THIRD CLASS—From 36 to 50—In commission 7
In ordinary
Building
Total of 3d class
Grand total of frigates —93
Of which 9 are in commission.
STEAMERS OF WAR—In commission
In ordinary
Building
Total war steamers —l2
Steamers on foreign stations
Post-office packets
Of which 5 arc in commission.
FRANCE.
SHIPS OF THE LINE, FIRST CLASS (weight of metal as
above)—In commission
In ordinary
Building ..
Total of Ist class
SECOND CLASS--In commission
In ordinary
Building
Total of 2d class
TIIIRD CLASS—In commission 3
In ordinary
Building
Total of 3d class
Grand total of the line —49
Of whlch 10 are in commission.
FRIGATES—First Class—ln commission 5
In ordinary
Building
Total of Ist class —22
SECOND CLASS—In commission
In ordinary
Building ........
Total of 2d class
THIRD CLASS—In commission
In ordinary
Building
Total of 3d class
Grand total of frigates . —6O
Of which 16 arc in commission.
WAR STEAMERS.—In commission
In ordinary
Building
Total —37
Of which 22 are in Commission.
RUSSIA.
SHIPS OF TIIE LINE, FIRST CLASS
In commission
Building
Total of Ist class 7
SECOND CLASS.—lncommission l6
In ordinary
Building
Total of 2d class
THIRD CLASS.—In commission
In ordinary .
Total —9o
Grand total of the line —so
Of which 40 are in Commission.
FRIGATES, FIRST CLASS.—In Commission
SECOND CLASS.—None.
THIRD CLASS.—In commission
Building
Grand total frigates... —2s
Of which 24 are in commission.
War steamers
All in commission.
AMERICA.
SHIPS OF THE LINE, FIRST CLASS.—
In commission
SECOND CLA SS.— In ordinary
Building
THIRD CLASS
Contracred for Building
Grand total of the line —26
Of which 2 are in commission.
FRIGATES, FIRST CLASS.— In commission
In ordinary
Building
Total of Ist class —P3
SECOND CLASS.—None.
TIIIED CLASS.—In ordinary
Grand total frigates .. —35
Of which 6 are in commission.
WAR STEAMERS.--In commission
Building .................................... 9
Total —lo
EGYPT.
SHIPS OF THE LINE, FIRST CLASS.—
In commission
In ordinary
Building
Total of Ist Class
SECOND CLASS.—III commission
THIRD Cn4ss.—ln commission 1
Grand total of the line —l2
Of which 9 are in commission.
FRIGATES, FIRST CLASS.--In commission (total) 7
WAR STEAMERS.-411 commission (total).”

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