The Sun.
London, England, 1853-11-07 00:00:00

THE SUN, LONDON, MONDAY EVENING, NOVEMBER 7, 1853.

Ppersons, who had previously been deeply grieved I
at the folly of inexperienced youths in whose
future welfare and happiness they were deeply in-
terested, or who have some even worse motive at
bottom. Surely these things might have excited
observation and led to inquiry before the close of
the year 1853. The only way in which we can
account for this anomaly is, that the public mind
had to a certain extent become habituated
to the evil. The "debtors' prison" was,
like the " gallows," one of the " institutions
of the country" which we were quite willing to
receive on trust,.as being founded by the wisdom
of our ancestors. We no more thought of ques-
tioning the propriety of a man's being sent to
gaol for being unable to satisfy any claim
or demand than we did of seeing Gatton and Old
Sarum sending four members to the popular
branch of the Legislature, while Manchester and
Birmingham remained unrepresented ; or seeing a
young woman, in the early pride of womanhood,
publicly strangled by the executioner, because,
having been robbed of her husband by a press-
gang, she had taken a handkerchief or ribbon, or
some article of trifling value from a shopkeeper,
to procure bread for her famishing infant. We
have, however, succeeded in greatly modifying
two of these laudable institutions. We have got
rid of many of the rotten boroughs ; and if
Lord JOHN RUSSELL be true to himself, or mind-
ful of his own reputation, the others are already
doomed, and after next Session will be spoken of
as things that have been ; while " the great
public instructor," the hangman, has had his
functions materially curtailed, none but wilful
and deliberate and cold-blooded murderers
being now left as subjects for his experiments.
Why, then, should not a like fate await the third
great institution to which attention has been di-
rected ? Why should not imprisonment for debt
be altogether abolished, except in cases of gross
and premeditated fraud, which would bring the
party within the operation of the criminal law ;
or why, at least, should not the debtor be allowed
to show cause against the issuing of a- ca. sa. be-
fore as well as after his incarceration ? Why
should he not be heard in his own defence before
I the commencement of his punishment ?
When the enormous cost of maintaining the
system is ascertained, when the public outlay on
the various prisons, and for supporting the debtors
therein, and the cost of supporting their desti-
tute families in the union workhouses has
been summed up, we may begin to con-
sider its utility, and ask ourselves why it
is that we refuse to do that by which so
important a saving might be effected ? We shall
find that the reasons for which the system was
sanctioned have totally ceased, and on the old and
well-established principle, "cessat ratio cessat lax,"
the law itself should also cease. Imprisonment
was only tolerated in order to enforce the surren-
der of property. We have greatly extended the
remedies to the judgment creditor against the pro-
perty of his debtor, whether real or personal, and
the Common Law Commissioners have recom-
mended further alterations, which will prevent
any debtor from retaining adverse possession of
any species of property, real or pergonal ! Why,
then, should imprisonment for debt be retained
when there is no longer any necessity for its assis-
tance to enforce the surrender of property ? Why
should not every man be made subject to the
bankrupt laws, although not an actual trader ?
and why should not the principle of the County.
Courts be extended, so that a judgment sum-
mons should be issued before a warrant for arrest
were granted ?—and why should not the Judge
be authorised to order payment by instalments,
and to limit the term of imprisonment ? We
trust that the advocates for incarceration will re-
turn at least 'plausible answers to these important
queries.

-----
LAW INTELLIGENCE.-(THIS DAY.)

COURT OF QUEEN'S BENCH.
STEVENS V. LEE.

This was an action in the case brought to recover 191.
under the following circumstances :—The plaintiff was
a horse-dealer, and the defendant an auctioneer, in
Bristol. Some time ago the plaintiff sent a horse for
sale to the defendant, stating that, although he was not
prepared to warrant him, the horse was still a useful
animal, and had been running in harness for a length-
ened period. Upon the faith of this statement the de-
fendant sold the horse for 191. odd, and received the
money from the purchaser, but before the day expired
the horse died. The purchaser then gave the defendant
notice not to pay the money over, but the plaintiff
brought his action for the amount, and the defendant
pleaded fraud as a plea, which prevailed at the trial.
Mr. Sergeant Kinglake now moved to set the verdict
aside and to enter it for the plaintiff, on the ground that
the plea of fraud would have been a very good
one had the action been against the purchaser, but in
this case the action was against the defendant, as the
agent of the plaintiff. The Court, however, refused the
application, holding that, after the fraud was proved,
the defendant became the agent of the purchaser, and
not of the plaintiff, and therefore he held the money for
the use of the purchaser.
Application refused accordingly.

COURT OF EXCHEQUER.
CREED V. FISHER.

This was an action of assault. The plaintiff was a
gentleman of property, and the defendant the curate of
the parish in which the plaintiff resided, being near to
Exeter. Party spirit ran very high in the parish,
and some dispute having arisen between the parties,
they ceased to recognise each other. The dispute arose
about the tithe map of the parish, and the plaintiff,
meeting the defendant one day, asked him if he meant to
call him a liar. The defendant, in an unguarded mo-
ment, said he did, and at the same time struck the de-
fendant with a small cane. This was the assault com-
plained of, and at the same time the jury awarded the
plaintiff 3001. damages. Mr. Slade now moved for rule
to show cause why a new trial should be had, on the
ground that the damages were excessive, and that the
learned judge who tried the case refused to allow the
defendant to challenge the jury.
Application granted.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Fane.)

FAILURE OF FASHIONABLE TAILORS.- ROLPH V. MOORE.

These bankrupts were described as tailors, of Sack-
-I,llle-street, Piccadilly, and to-day was appointed for
their last examination.

The balance sheet, prepared by Mr. G. Butler, com-
mencing January, 1851, and ending July, 1852, shows
—debtor to creditors, 2,2431. is. 3d; ditto holding
security, 1,4681. 7s. 3d. ; capital, 1021. 17s. ; liabilities,
1,9771. Creditor—by good debts, 1,590/. ; doubtful,
569/. ; bad,3 531. Trade expenses, 4971. 2s. 9d. ; law
costs, 1481. 2s. 2d. ; partners drawings, 1,695/. 3s. 3d. ;
losses, 5981. 17s. ; liabilities as per contra, 1,9771. 6s.
Mr. Lawrence appeared for the bankrupt, and there
was no opposition, Mr. Cannan considering the accounts
to be the best which could be rendered.
The bankrupt passed.

THE COURT.—The birthday of the youthful heir appa
rent, the Prince of Wales, who will complete his 12th
year on Wednesday, will be celebrated with some gaiety
at Windsor, and the King of the Belgians and the Duke
and Duchess de Brabant are expected to postpone their
departure until after that day. There will be a parade
of the Fusilier Guards forming the garrison, public
dinners by the inhabitants, and the event will be cele-
brated en famille at the Castle in the evening, when
the young Prince will, as usual, receive presents from
ennhisoioTnili
in illustrious ieno
with
TaLthoi
evE
rTT Tempest
HhEe. dramatic performances in
the Rubens%room on Thursday, for which Mr. Grieve
has been painting some new scenery, will, we believe,
noon, with Mrs. Gladstone,
H IlawaWrdenE. Castle Gladstone
t h e
seat arrivedof,hs in
r Liverpoolelativ e on
Sir Saturday
at on,Stephen
wan Gladstone.
andEaXn
de lIEQMi
sIIsER
Gladstone,— Th Right
Hon.
e from
'haggard, Th e rightproc e
ehd oe nd
at gentleman,
once t
o Courtwho May,
appeared
the
seat of his brother, Mr. Robertson Gladstone, about five
miles from Liverpool. He returns to town on Mondayul
COUNCIL.--A
(this day) for the purpose of attending
at the Foreign-office to-morrow at twaoo Cabinet.
CABINET Comie.-A Cabinet Council,
ccl willok Cnb
heldn
The Prince and Princess Esterhazy and family have
left the St. George's Hotel for Torquay, where their
highnesses are expected to be joined at
tantwtnhennensdatond
of the
week by
Du
by theke CofoNunetwescsasotfieJaerrsrievye.
from a visit to her Majesty at Windsor Castle.
The Duke and Duchess of Sutherland have arrived on
a visit to the Duke and Duchess of Argyll, at Inverary
Castle, from the Marquis and Marchioness of Stafford's,
ITarbert House, Inverness-shire. The youthful Lords
I Ronald and Albert Gower, who are still staying at
1 Dunrobin Castle, will join their noble parents in a few
days.
TILE BOILER EXPLOSION AT BLACKBURN.—On Satur-
day, Mr. Hargreave commenced an inquest over the
1 i‘b
lord. i emrs
.o
Elf the
estehv, es nwsuffererss hbe y h
d toneboiler
Wednesday
explosion l
a at
st.
A
considerable number of witnesses were examined, but
their evidence related principally to the finding and
identification of the bodies. At the close of that por-
tion of the inquiry, the Coroner said it appeared to him
to be necessary that they should have the opinion of
some scientific man with regard to the condition of the
boiler. The jury concurred, and it was resolved that
either Mr. Fairbairn or Mr. Nasrnyth, of Manchester,
should be consulted. The Coroner then adjourned the
inquiry to Saturday next.

MONEY MARKET

AND
COMMERCIAL INTELLIGENCE.

CITY, TWO O'CLOCK.

The sales of cotton at Liverpool on Saturday
were estimated at 4,000 bales, all to the trade.
The market was tame, but steady, at previous rates.
The sales comprised 3,000 American, 300 Pernam
and Maranham at 61d. to Bd., 200 Bahia at 60.
to 50, 250 Egyptian and si(l. to 7d., and 300
Surat at 20. to 31d. per lb. Railway Shares were
firm, at full prices.
There is a very dull market for grain this morn-
ing, with large arrivals of foreign.
The steamers Humboldt and Canada, from New
York, bring nearly a million of dollars in specie.
The advices from New York notice more buoyancy
in the Stock Market, though it was still in an un-
settled state, and the depreciation that had taken
place had been heavy. The specie shipments
during the week to October 22 were 1,932,414 dol-
lars, making the total for the year 20,446,511 dol-
lars. The dry goods market was depressed, owing
to the stringency of money, and the demand for all
kinds of goods was limited, at declining prices.
The shipbuilding trade was very active, and the
builders had been compelled to send agents in all
directions to procure a supply of wood, bc.,
to carry on their operations. The coal trade
was also very brisk. The weekly return of the
city banks showed a decrease in the discounts of
2,469,292 dols., in the deposits of 3,319,945 dole.,
in the circulation of 76,171 dols., and in the specie
of 1,026,918 dols. Flour had been in better de-
mand, and rather firmer. Wheat was improving.
Freights were rather lower. Cotton was steady.

The advices by the new steamer Brasilieras do
not represent business as being very active at Rio
up to Oct. 1.0. The sugar crop was fully a month
later than usual, and no large supplies were ex-
pected previous to the middle of November.
Freights were expected to advance, owing to the
scarcity of vessels. Exchange 27d. Monte Video
was again unsettled in its political relations, but it
was expected matters would speedily settle down.
The ship American Lass has arrived from Syd-_
ney, which place she left on the Ist July. She has,
it is stated, only about GOO oz. of gold on board.
The steamer Harbinger arrived at St. Vincents
on the 19th ult. being 12 days, and left on the 20th
for Melbourne.

The railway meeetings announced are the fol-
Lowing :

Company. Date. Place, &c.
Charleroi and Erquelin es Nov. 12, Charleroi.
Hampstead Junction Nov. 12, Euston Station.

London & South-Western...Nov. 15, 61, Waterloo-road.

- A further material improvement has occurred in
the English Stock Market, and upon " reading,"
preparatory to the settlement of the account, the
jobbers find the speculators so largely oversold,
that they have put the quotations Ato per Cent.,
Consols having been 95 and 95i for transfer and
Thursday. The December prices have been 941 to
94, a " baccadation" still existing. The New
Three-and-a-Quarter per Cents. have realised
951 to 961, and the Three per Cents. 94 and
94k. Bank Stock has been very firm at an
advance to 215 and 217. Exchequer Bills are
maintained at 2s. to ss. premium, and India Bonds
are par to 3s. premium.

Foreign Securities are generally at steady prices,
but with very little business doing. Mexican
Stock is dull at 261 Peruvian Deferred at 51k,
and Buenos Ayres at 59. The 5 per Cent. Russian
Bonds have improved to 113. Sardinian Stock
is firmer at 93 to 93k. Spanish 3 per Cents. have
realised 45, and the Certificates 54- to I.
Railway Shares are all looking up, and it would
appear that as we approach settling day there
may be a further improvement, although, up
to this time, the real purchasers are not so de-
cided as to give an impetus to prices equal to
what has been imparted to Consols. The ad-
vance this morning is about 1 to 2 per cent. in
the favourite lines, and principally in Caledonian,
Great Northern, North-Western, Midland, and
South-Eastern. Luxembourg shares are still rising,
owing to satisfactory arrangements in progress.
French shares have been also better.

The Gold Companies' Shares have been quiet,
and the Land Companies' tend upwards. The
Australian Banks are generally better.

BRITISH FUNDS THIS DAY AT ONE O'CLOCK.
(.From the Official List.)
Business done.
Bank Stock
3 per Cent. Reduced Annuities 94
3 per Cent. Consols Annuities 9si 5
New 3i per Cent. Annuities 95 64
Long Annuities, Expire sth Jan., 1860 -16
India Bonds, £l000
Consols for Account
Exchequer Bills, 2d. •
£l000

PRICE OF FOREIGN FUNDS AT ONE O'CLOCK.
Buenos Ayres Bonds, 6 per Cent 59
Mexican 3 per Cent.
Peruvian Bonds, 43 per Cent. —
Ditto Deferred, 3 per Cent 5l A
Russian Bonds, 1822, 5 per Cent. £ St ll3
Ditto 43 per Cent 99
Sardinian Bonds, 5 per Cent 93 1
Spanish Bonds, 3 per Cent 45
Spanish Committee Cert. of Coup. not fun 54 i p c

Dividends on the above:payable in London.

HALF-PAST TWO.
95
951

Consols
Ditto December Account

LLOYD'S SHIPPING.-(THIS DAY.)

LONDON, Nov. 7.-- Wind this day at INTc an, W..
light airs. It has been very foggy all the morning. '
OFF DOVER, Nov. 6.—Four Brothers, for Batavia.
OFF DUNGENESS, Nov. 6.—Robert Parker, from Ant-
werp, for New Orleans.
PORTSMOUTH, Nov. 6.—Wind, E. to S.W. Arrived—
H.M.'s st. Medea, from the West Indies and Halifax.
Put in—Anne, from Bremen, for Baltimore, for medical
aid.—The Minerva, from Sunderland, is leaky, having
been aground.
DARTMOUTH, Nov. 6. -Wind, E. Arrived—Escort,
from Labrador.__

FALMOUTH, Nov. 6.—Wind, N. Sailed—North Star,
for Melbourne ; Matilda, for Demerara.

HARTLEPOOL, Nov. 6.—The Eugene (French brig), from
Newcastle, has put in leaky, having been in contact.
GRIMSBY, Oct. 6.—The Medus (Finland brig), Christian-
stadt to Bristol, has put in here very leaky, and must dis-
charge. The Lannistad, Dantzic to Hull, got on shore on
the Primly Sand, and sunk ; crew saved and landed here.
SCARBOROUGH, Nov. 6.—The Firefly (schooner), of
Findhorn, was abandoned on the Ist inst., with pumps
choked; crew landed here, per Fortuna.
PENZANCE, Nov. E.S.E. Arrived—Rein-
deer, from Cuba, for London.
HOLYHEAD, Nov. 6.—The Mary and Jane, of Newport,
is on the rocks at the Skerries, and is likely to become a
total wreck; one man drowned.
BELFAST, Nov. s.—The Sophia, Clyde for Melbourne,
is on shore full of water ; passengers landed.—The Gon-
dola, of this port, Troon to Cuba, is also on shore near
Donaghadee, full of water.—The Guiding Star, Liverpool
for New York, has put in here in distress—mainmast
sprung, and other damage.
ABERDEEN, Nov. s.—Arrived—Pacific, from Davis'
Straits, with six fish-65 tons.
WATERFORD, Nov. s.—Arrived—lron Duke, from St.
John's, Newfoundland. Sailed—Dunbrody, Savannah.
DOUGLAS (Isle of Man), Nov. s.—The Emerald Isle, of
and from London, for Liverpool, has been abandoned,
after being in contact with a large brig off the Skerries, on
the 31st ult. ; crew landed here.
QUEENSTOWN, Nov. s.—Wind, calm. Arrived—Char-
lotte, from Bahia. . . _

CROOKHAVEN, Nov. 5. Arrived—Lawrence Forrestal,
from Quebec, for Waterford.

OASTLETOWNSEND —Arrived— Heroine, from Africa,
assisted in here dismasted, on the 2'd of Oct. The cap-
tain and crew were all murdered, about the end of July
last, at Lahore, on the Coast of Africa. The vessel was
afterwards re-taken by the Tweed, of Bristol, and a crew
put yn board.

MONTE VIDEO, Sept. 30.- The Madawaska, Liverpool
to San Francisco, has put in leaky in her top sides.
HAVANNAII, Oct. 18.—The Sandwich, Newfoundland to
this port, has been lost at Salt Key during a gale; crew
saved.

NEW YORK, Oct. 25. The Western World, Liverpool
to this port, was stranded on Square Beach, Coast of New
Jersey, on the 22d of October, and is full of water ; crew
and passengers landed here ; cargo is expected to be saved ;
ship much damaged.

(BY SUBMARINE AND EUROPEA.N TELEGRAPH.)

CUSTOM-HOUSE RETURN.

GRAVESEND, Monday, 10 a.m.
Wind, E S.E, light and foggy; tide, five hours' ebb.
Nov. G.—Arrived— Olga, from Memel ; Charmides,
Kiel ; Karan Marie, Datzic ; Soblominson, Petersburgh ;
'
Ellida, Arendal • ,Salvador, Fredericstadt ; Frederica
Christina, Petersburgh ; Sophia Maria, Frederickshall ;
Catharina, Fredericstadt ; Triton, Soderham ; Pomerania,
Stettin • Aurora, Hernosand ; Favourite, Porsgrund ;
Arendal", Hudickswall ; Grovende Krutb, Namisken ;
Erin, Skellefiata; Wider Kumpt, Memel ; Attent, Rust-
ingerseil. •
Nov. 7.—Arrived—Hall, from Riga.

DEAL, Monday, 9.15 a.m.
Wind, N.E., light, with thick fog.
Anchored—Southampton, from London, for New York;
Egypt, London, for Demerara, lo st an anchor and art of
cha in.

LATEST FOREIGN NEWS.

RUSSIA AND TURKEY.
THE WAR IN THE DANUBE.

A telegraphic despatch from Vienna yesterday
(Sunday) says the Turks' began the passage from
Rustshuk to Giurgevo on the 2d inst., under a
heavy cannonade between the two places.
From Bucharest, Oct. 29, it is stated that Prince
Stirbey has held a review of 'the Wallachian

After the review the Prince was informed of
Prince Gortschakoff's wish that the militia should
join the Russians in their operations against the
Turks.

Prince. Stirbey replied, that the Wallachia
militia had to perform the duties of a garrison and
police in the country, and that they could not be
expected to take part in the campaign.
From Constantinople, Oct. 27, we learn that
the combined fleets of Great Britain and France
will take up their positions near Constantinople,
at the entrance of the Dardanelles, at Gillipoli,
and at Reicos, in the Bosphorus, off Therapia.
Advices from Odessa state, that the head-
quarters of the sth corps of Infantry, under Gene-
ral Liiders, are to be removed from Odessa to
Ismail.

The 13th division of Infantry has been shipped
off from Sebastopol and landed on the coast be-
tween Tuchan Kale and Redif Kale. Steamers
have been sent up the river Anakeon.
Infantry division has left Odessa to take the place
of the 13th division in the Crimea.

It was said at Paris yesterday, that information
had reached the Turkish embassy there to the effect
that only one division of Omer Pacha's army has
crossed the Danube, and that it does not exceed
12,000 men. There has been no collision between
the two armies. The intention of Omer Pacha is,
should the affair not be arranged, to cross the
Danube with the main body of his army, but at a
point considerably further down than Widdin,
where the first division crossed.

No news has reached the Turkish embassy Of a
collision between the Turkish and Russian armies
on the frontiers of Georgia, and the rumours which
have been afloat on the subject for the last two
days are not believed in Paris. It is thought not
improbable that a collision will or may haver taken
place in that quarter, but there has not been time
to allow the news of the event to reach Europe.
As respects the renewed negotiations for an ar-
rangement of the question between Russia and
Turkey, all that can be said is, that although the
Turkish Government is willing to accept any pro-
positions which will enable it honourably to escape
the necessity of war, it does not yet see any signs
of any such propositions being assented to by
Russia. The Emperor Nicholas, to be sure, affects
a willingness to enter into negotiations with Turkey,
but only with Turkey direct. He still maintains
that the question is exclusively between himself
and Turkey, and that the Western Powers have
nothing to do with it. In the hope of inducing
the Stilt= to enter into this view, he has hinted at
terms which may be considered as favourable, but
the Porte knows that her only chance of safety is
to make common cause with the European Powers..
She resists all attempts to induce her to enter into
separate negotiations, and refuses to treat except-
ing in common with her allies.
The Press of Vienna, of the Ist, states that the
despatches so long expected from St. Petersburg
arrived pu the 31st ult., and that they contain a
rejection of the last proposition of mediation. The
Emperor Nicholas, it is added, has sent new pro-
positions, which have been communicated by Baron
Meyendorff to the Austrian Minister of Foreign
Affairs. The Press, in a short notice of the affair
of Isactcha, states that the Russians lost 30 men
and a captain, and that two of their gun-boats
were sunk.

A Vienna letter of the Ist, in the Cologne
Gazette, states the number of Turks who had en-
tered Kalafat was 8,000, with 25 pieces of cannon.
This letter states that the passage of the Danube
was made by Omer Pacha after receiving the firman
of the Sultan, ordering a suspension of hostilities.
The Emperor of Russia has addressed the follow-
ing to the commander of the district of the Caspian
Sea :

"To the General Prince Argritenjky Dolgorokoff,—
At the entrance of Schamyl with large forces in the dis-
trict of Tscharo Belokan, and in the affairs which have
taken place, you, by your prompt arrival with the de-
tachment under your orders in that country, and not-
withstanding the great obstacles which your troops met
with in crossing the mountains, powerfully contributed
to put Schamyl to flight, and to re establish tranquillity
in that country. On the report of the general-in-chief
of the corps d'arinee detached from the Caucasus, it is
agreeable to me to be able to testify to you my marked
benevolence for this distinguished feat of arms.—l am
your affectionate, " NICHOLAS.
Zarskse-Zelo, 3d Oct."

The Constantinople letter of the Journal des
Debats, dated 26th October, which arrived at Mar-
seilles by the Thabor, contains a copy of the note
transmitted to the Porte on the 20th October, by
M. de Bruck, the Austrian Internuncio. The fol-
lowing is the note :

the Russians remaining here under her protection. Al-
most all commercial men have left. The others, that is
to say, the functionaries of the consulate, the post-office,
&c., took their passage yesterday by the Germania, a
steamer belonging to the Austrian Lloyd's, which they
freigbted for Odessa.
"At the moment of my return into the town I am
informed that the answer of Russia to the declaration of
war has arrived, and that, as was to be expected, it ter-
minates by an appeal to arms. But I have no means
of verifying this news."