The Sun.
London, England, 1849-11-07 00:00:00

SUN, LONDON. WEDNESDAY EVENING. NOVEMBER 7,

and venerable faith may be rendered irksome and
intollerable : no matter—the streets will be protected
from the profanation of a Sunday-postman's tan-
tarrarra! And England is to be placed under
this periodical interdict, forsooth because a few old
women in the garb of the ruder sex have
weak nerves and yet weaker intellects! So! the
matter goes on bravely. A clear stage, and no pre-
cipitate interruption—and, please the pigs, we shall
have as droll a farce as was ever conceived by an
O'KEEFE, or enacted by a LISTON or a
KEELEY. Mr. MORRIS BARNETT'S Serious Family
is nothing to it—comic as that farce in three
acts proves to be before the footlights of the
little Haymarket. One thing alone marrs
the satisfaction of our anticipations—the over-
tun of penny-trumpets is just a trifle too protracted
—we regard with a sense of tedium the lilliputian
fanfarronade of the orchestra. Our impatience
disposes us to wax importunate. But the piece is
about to begin. Hats off—sit thee down, 0 most
) expectant public, for " the muffin bell rings" and the
i curtain rises.

rHE FRENCH REPUBLIC.

The French papers of yesterday had not arrived
when we went to press.
De
within
m thebr laste :
" AWfteerfinthde stehreioufoslleorweinnes winhicthhehDaviex,
few days,agitated the high governmental regions,
aschis schism is on the point of taking place in
the old majority, from the ranks of which will
arise a new parliamentary party, decided on sup-
porting the personal policy of the President. A
preparatory meeting took place on Friday even-
ing, at the hotel of the Prince de la Moskowa.
Amongst the representatives present were Messrs.
Lucien and Antoine Bonaparte, Casabianca, de la
Moskowa, F. de Lagrange, Vieillard, de la Re-
doubte, de Sails, de Mouthy, Charamaule, Larabit,
de Caulaincourt, Gavini, Lallier, Elchevery, Gene-
rals Achard, Wast-Vimeaux, Husson, de Gram-
mont, &c. The new party will follow the line of
policy indicated in the message of Louis Napo-
leon, and will not give its support to the Minis-
try unless it frankly follows the path traced out by
the President. The programme of General d'Haut-
poul was the subject of some criticism; several of
the representatives present at the meeting considered
that document as too indecisive, and as not clearly
pointing out that entire character of adhesion to the
presidential policy which it had a right to expect
from a Ministry formed under such circumstances."
The French Evenement publishes the following
exquisite series of blunders anent Miss Burdett
Coutts _ _

" Miss Burdett Coutts, the rich heiress of the Duchess
of St. Albans, was introduced the day before yesterday
at the Elysee, by Lord Normanby. The rumours of a
marriage between Miss Burdett Coutts and M. Louis
Bonaparte some months since will not have been forgotten.
Miss Burdett Coutts is the daughter of Sir Francis
Burdett, formerly Member of the English Parliament,
who passed the first thirty years of his life on the
benches of the Whigs, and the last twenty years on
those of the Tories. The Duchess of St. Albans, who

left her her immense fortune, had been well known in
the theatrical world as Mrs. Siddons, whose first hus-
band was Mr. Coutts, the rich London banker, and
whose fortune she subsequently bestowed on the Duke
of St, Albans, who was younger than her by thirty
years, though he descended to the tomb several years
before her. The Duchess of St. Albans died about four
years ago."
BUSINESS DONE IN FOREIGN RAILWAYS AT THE
LONDON STOCK-EXCHANGE, Nov. 6.

East Indian, 334—Great Indian Peninsula, s'4—Luxem-
bourg, I%—Namur and Liege, 534—Northern of France,
3►/4 dis.—Orleans and Bordeaux, 2%—Sambre and Meuse,
2 W 3.

GERMANY

AND

THE NORTHERN STATES.

BAVARIA.

The Frankfort Gazette gives the following from
Spire, dated October 27 :—" Numerous deserters and
members of the free corps come in daily from France
and Switzerland, but they are immediately seized and
shut up in prison. The Baden authorities have
given all the Bavarian prisoners of war liberty, with
the exception of four, who are too deeply compro-
promised. 13.0DOLPHE MEGRUOFER, formerly Under
Secretary of State to the Minister of War at Carls-
ruhe, was not among the first body of prisoners at
Spire, on the 18th instant, but is still at Carlsruhe.
"A certain number of insurgents have just been
taken to Dreux Ponts, to be placed before the Cour
of Appeal.
" Along the whole route, both in towns and villages,
they received presents of money, linen, provisions,
&c. This proves how lively an interest still
prevails in the Palatinate for the free corps of the
revolutionists.

" Within the last few days there have been sangui-
nary quarrels between Bavarian soldiery of different
arms, at Eidesheim, near Landon. The official trials
of functionaries who took part in the revolution are
not yet terminated. Nearly 30 of the officials who
were most deeply involved have already been hanged.
A good many of the clergy are implicated."

TURKEY.
Advices from Constantinople, of the 20th ult.,
state that Sir STRATFORD CANNING had, on the pre-
vious day, received dispatches from Lord PALMER..
sToN, approving of the course which he had pursued.
This intelligence produced the most intense satisfac-
tion among the Turks of all ranks, to whom the in-
solence of the Russian mission had of late years be-
come insupportable. The agents of the CZAR had
also for some time past spoken most slightingly of
the power of Great Britain, representing her as
crushed. beneath a weight of debt, and ut-
terly unable to go to war. The Turks are
indefatigable in their preparations for war. The
carpenters are actively employed in rendering every
ship in the Arsenal fit for service; an embargo was
laid on all Turkish ships in the harbour, but every
craft having voluntarily supplied its quota of excel-
lent seamen for the service of the navy, the embargo
was removed. The Turks rejoiced at the idea of
joining their fleet to the English Squadron, and clearing
the Black Sea of every Russian plank. The army is
rapidly increasing, and the men are every day re-
ceiving instructions from European officers. The for-
tifications of the Dardanelles and of the Bosphorus
have been strengthened. It was reported at Constanti-
nople on the 20th, that the fleet of Admiral PARSER
was in the Sea of Marmora. In the meantime
Russia seems inclined to trust rather to her gold than
to her steel, for her emissaries are scattering money
in every direction, enleavouring to bribe the officials
to betray their SOVEREIGN and their country, and in-
citing the subjects of the Porte in the provinces to
insurrection. The Porte has issued to all the civil and
military officers of the empire a notification of her late
disputes with Russia and Austria. It is stated that
so far the rupture is temporary, and no apprehen-
sions whatever are entertained of events taking an
unfavourable turn, but negotiations might aggravate
the matter; and of this they will be informed by
future advices. The employes are likewise formally
instructed to give aid and protection to all the
refugees who might appeal for such aid, and by no
means whatever compromise the moves of the Cabi•
net, by delivering them over to the foreign authori •
ties, who might happen to claim them. This edict
will meet with great popularity in the provinces,
where political events are transmitted in the most
exaggerated form.
The American Minister at Constantinople, Mr.
CARR, has received a letter from a number of Ame-
rican citizens who held a meeting at the Hotel de la
Paix, at Paris, on the 22d of last month, for the pur-
pose of expressing their sympathy for the Hungarian
refugees now in Turkey. The subscribers to this
letter call upon Mr. CARR to exert himself in favour
of Kossuni and his friends, who have sought refuge
in the Ottoman territory. They desire that he will
place any ships of the American navy that may be in
Turkey at their disposal, if it should be necessary for
them to fly from the SULTAN'S dominions; and that
when an opportunity offers Mr. CARE will express to
his Majesty ABDUL MEDJID how much his noble and
generous conduct in the present question is calculated
to excite the admiration of the people of the United
States.

TILE COURT.—We understand her Majesty and
his Royal Highness Prince Albert, and the youthful
members of the royal family, according to present
arrangements, intend to leave Windsor Castle to.
morrow week, for Osborne, there to stay about a
fortnight.
Captain Sir James Clark Ross, the Artic voyager,
visited a large circle of official and private friends
yesterday. His ship, the Enterprise, with her con-
sort, Captain Bird, are expected to arrive at Wool-
wich this day.
THE MEDITERRANEAN FLEET.—Sir William Parker
and his fleet had not reached Athens on the 20th ult.,but
were report,d to be within a day's sail of that place.
The gallant Admiral was merely expected to touch at
Athens, and then to proceed directly to the Darda-
nelles. _

We understand that Mr. Dyce Sombre is still
dissatisfied with the restrictions on his person and
property, imposed by the Commissioners of Lunacy,
and that he is preparing a petition to the Lord
Chancellor for another medical and judicial investi-
gation.
Mr. 'Wingfield, one of the Masters in Chancery,
and the father-in-law of the Lord Chancellor, has
resigned his office. This makes the second vacancy,
and we believe there is an understanding that
the Masters will be limited to their now existing
number.

MONEY and COMMERCIAL NEWS,
CITY, QUARTER TO THREE.
There was a steady demand for Cotton at Liverpool
yesterday. The sales were 8,000 bales, including 4,000
on speculation.—Railway ehares were dull.
The Corn Market is firm to-day.
The continental mails are all out of their usual
course this morning, and this causes a very dull state of

things in the City.--
The American private letters were delivered yesterday
afternoon, and it would appear from them that the
cotton crop may even yet prove larger than has been
reported. A great deal must depend on the picking
season, as it is not always that there is time for secur-
ing the quantity grown. The specie in the New York
banks was diminishing, although the money market ge-
nerally continued easy.
The returns of the Banks of New Orleans to the
Board of Currency, dated September 29, shows on hand
specie to the amount of 7,470,292 dolls.; a circulation
of 4,490,023 dolls.; deposits 6 583,042 dolls.; loans on
deposit 8,215,471 dolls.; exchange 1,924,273 dolls.; due
foreign and domestic banks, less exchange. 1,592,202
dolls. Total cash liabilities 12,797,511 dolls. Total
cash assets 18,169,248 dolls.
The injury done to the French colonies by the revolu •
tion of February has been incalculable, and it must be
the work of years ere a recovery can be looked for.
The Ottoman Consul-General has officially notified
the intention of his Government to pursue the same
course in its exchange operations as it did last
year ; consequently fall operations entered into
by the Bvik of Constantinople will be entirely
for account of the Ottoman Government, M.

Jacques Alle m and M. Emanuel Baltazzi being en-
!rusted with the direction of the establishment, and being
in that capuity empowered to issue bills of exchange,
which are guaranteed by the Imperial Go'vernment.
In the English Stock Market, the quotations have
been without even a fractional variation, owing to the
absence of news. Consols have been 92;1 I. The
wisdom of the policy adopted by the Turkish Go-
vernment in delaying to send the Hungarians to Eng-
land, is much questioned. Exchequer-bills are 455. to 48s.
premium, and India Bonds 82s. to 85s. India Stock
has been firm at 258. The New Three-and-a-Quarter
per Cents. have been quoted 92i
Foreign Securities have been a little more in re-
quest, but are comparatively inanimat9. Spanish
Three per Cents. have been quoted 34i, and have
not improved upon the information that Mr. Falconnet,
the new envoy of the bondholders, has left for Madrid
in company with Mr. Baring. Portuguese Four per
Cent. Bonds have realised 33. Mexican have been 26,
cod Chilian 94 to 95. Russian Bonds have been quoted
107, and Dutih Two-and-a-Half per Cents. 53k.
Railway Shares are flat. North Stafford 6* i; North
Western, 1144 to 1151; Eastern Counties, 7 to 68, and
Aberdeen 13 to 131. It is stated in reference to the
latter, that the direotors want no more money to com-
plete the line, as would be inferred by a paragraph that
has appeared in the Times. The amount needed, say
100,0001., is said to be for additional plant, and will not
be required for some time.
BRITISH FUN DS THI3 m
the DAY AT ONE O'CLOCE.
(Fro Official List.)
3 per Cent. Reduced Annuities 91%%
3 per Cent. Consols Anus 92% 4
New 3% per Cent. Anus 921h%
Long Annuities, Exp. Jan. sth, 1660 8 7-16
D 0.30 Years, Expire Octl 0,1859 -16
Do. 30 Years, Expire Jan. 5, 1860 6% 8 11-16
India Stock 258
India Bonds under 1,0001.. ..
Consols for Account
Exchequer Bills. I IA& 2d.
March. June.
45 48 p
95 48 p
45 48 r

1,0001.
500/ —
Small —

PRICE OF FOREIGN FUNDS AT ONE O'CLOCK.
Chilien Bonds, 6 per Cent .. .. 94 95
Danish Bonds 1825, 3 per Cent.... 72 7214
Equador Bonds 3!gi
Mexican 80nt5,1846, 5 per Cent., Coupons
k, Ditto Ex Jan. Coupons
Ditto Account .......
Portuguese Bonds, 5 per Cent —
Ditto 4 per Cent.
er Cent lO7
Russian Bonds, 1822, 5 p
Spanish Bonds, 3 per Cent 3438
Dividends on the above payable in London.
Dutch 21% per Cent., 12 Guild
Ditto 4 ner Cent. Certificates
SYSLNESS DOSE IN RAILWAY SIIARES AT ONE O'CLOCK
RAILWAYS. PAID. PER. Smuts.
Aberdeen -
Ditto, Preference 6 1,4 •••••• • .... to
Amber., Notting., Boston, &c 63/a — x.i. to -
-Ayrshire and Galloway ...... 7% — to
i3elfast and County Down .. 26% .. ..
3erks and Hants Extension
(Gt. West. Perpet. 5 per ct.) 6 ...... • ...
dirmingnam & Oxford J unct,
calls duly pd, or with guar. 20
Do., withor to guarantee... 20 ...
3irmingham,Wol., & Dudley,
calls duly pd, or with guar. 10 ... .
Do., without a guarantee... 10
Binning., Wol., & Stour Val. 131.14 s —
i3irkenhead, Lancashire, and
Cheshire Junction 20
3oston, Stawf., & Birming...7l. 4s — ...... to
Bristol and Exeter . 9O
Do~ Thirds
3uckinghamshire..• 17% ...... to
:;aledonian
Ditto, New 101. Preference 10 ....«8 .... .to 8%
Ditto. Clydesdale Junction 50
%ester and Roly'ood SO
Ditto, Preference
lareice.
Do., let Class, 6 per Cent... 10 - . ••• to
D0..2d Class, 5 per Cent... 10
Do. Gov. Loan, 4 per Cent. 10
>irect Lordoa & Portsmouth 54 to
Dabliq and Belfast Junction.. 40
Oandalk and Enriskillen ... 27% — to
-,:ast Anglia, 25/. L. & E.,
sod L. &1) . 25 ......
Ditto, 15?,., E. & H IS ... ..
Do, 31. 191..,6 p. Ct. Pref. 3% — ..... to
Eastern Counties
Do. New Guarant. 6per Ct. 10
Do. Exten., 5 per ct. No. 1,6 i. 13s. 4d .. p
Do., do N 0.2,6/. 13s. 4d... par
Do., Northern & Eastern... 50
Do:, 5 per cont.
Ditto, New ..... ....... ..... . 43 . .... to
Eastern Urion, Cass A (late
E. U. Shares) ••••••••• .. 25 - ...••• to
Ditto, ditto, Class A, ditto 3% ,
Ditto, do, Class B (I. & B) 25
Ditto, do, Class C, ditto... 25
Ditt,o Scrip (gut.. 6 per et.) 20 . — ..... to
East Lar cashire ...
Ditto, New ... 25 -
Do., New Quarters
Do., 6 per Cent. Preference
Qaarter Shares 614 — to
East Lincolnshire 25 — to
Edinburgh and Glasgow 5O — to
Ditto, Half Shares
Edinburgh and Northern
Ditto, New poi t
F.xeter, Yeovil, & Doichester 2% —
Exeter and Exmouth...
ilasg., Dumfries, & Carli&e..Bl. 63.8 d — ...•. to
Glasgow, Kilmarnock, & Ayr 50
Do. Preference Consolidated
Great Northei.l 2O
Do. % A Deferred ..... ... 121,4 —
Do. 1/2 B 6 per Cent.
Do., 5 per Cent. Pre' ...... 10 ...... 7%1,5i to
Gt. South. & West. (Ireland) 471,4 — to
Greet North of England ..... .100 ......903 . to
Ditto, New 404.....••. .. 4O
Ditto, ditto .....•....••••• 35 - ... . to
Ditto, New 30/. ........ ...... 30 ...
Ditto, New 151........» ..... 15 •••••• .
Great Western 100
Ditto, Half Shares
Ditto, Quarter Shares
Ditto, Fifths
Do. New 174 -
Hull and Selby
Ditto, Ha"' Shares .. ...... 25
Ditto,Quartor Shares 12% •— ...... to
Lancaster and Carlisle.... , ... 50
Do., Thirds
Lancashire and Yoskshire ...100 .... .
Ditto, d;tto, M. B. &tl ... 98
Ditto, ditto
Ditto Half Shares ... 49
Ditto Quarters 22% to
Ditto Fifths ...
Ditto. Thirtis..•••• - ...... ••• /6 %...•• ...... to
Do., New Guar. 6 per cent. 10 - • ..•• to
Do. Liverpool and Bury... 49
Do. (Hudders._ and— Shell) 50
... ... _ _

Do., West Riding Union... 10 .... .
Do., Preston and Wyre ... 25 ......
Do., do., Half Shares (A) 10 ......
Leeds and Bradford 5O ..... ...... to
Leeds and Thirsk ...-....
Do. , do., Prefer., 6 per Cent S . ....
Do. Pref. Quarters, 1848... 9 ......
Liverpool, Crosby, andSouth-
port.
London & 81ackwa11.....111. 63.3 d ..... . 31/25/2_ to _
Lond., Bright., & South Coast 100
Do., New .51., gua. 6pr Ct.loo
Do. Guaranteed b per Cent. 9 •••••• .. •••• to
De. Preferential, 5 per Ct., 50 •••••• ..... to
Ditto, ditto 1852 50 ..... _
London and Greenwich... 12/.155. 4d... ...
Ditto Preference ............ 20
London & Not Lli Westelii.....loo 11.5%...... to 1143/A
Do. New Quarters.. ........• 12 -
Do. Fifths , ......... .. 7 *•••• .. ••• to --
Do. 40/. Shares... -L. & Al 95
Do. 101.... M. and B. (C.) 1
London end S. Western..-... 50
Ditto, New 501........ . ..... 424....
Ditto, NE w 40/.
Do., New Scrip, 1848, Pref
7 per Cent ••• 5 . ... 654..... to
Londonderry and Coleraine... 25
Do. Half Shares
Londonderry and Enniskillen 25 ...... ..... to
Do., Half Shares ... . . ....... 5 ...... —...— to
Lswestoff, gum 4 per ct...... 20 ......
Ditto (guar. 6 per cent. ... 13
Stanch, Buxton, & Matlock 5 ......
Mancbr, Sheffield, and Lirc.loo ......
Ditto IA Shares( No. 1) ... 23 ...... 9%a••
Ditto, ditto (No. 2).....•.•• 25 ......
Ditto, I/8 Shares (No. 3 )... 121,4......
Do., New 101. Preference.. 10 ... ..
Ditto, Grimsby & Sheffield 58 ......
Ditto, ditto.
Ditto, ditto
Ditto Sheffield and Line 22%......
Ditto, Grimsby Dock ...... 25 ......
Ditto, Man. & Lir Union 41. 25. ...
Ifl9cl'and..... :, .... ...... .. ...100 ...... 48 ...
Ditto, Consul. Preference...loo ......
Ditto, 50/. Shares .... ...... zo •••••' suli to
Midland, Birm., and Derby...loo ... .. m to
lidland, Consol. Bristol and
Birmingham. 6 per cenL...loo •• ••'
Midland, Bristol and Glouc. 42 ••• '•
Ditto ditto 22/. 7s. ... ..
Ditto,ErewashVal., Pref... 50

Midland, Leices. and Swan-
nington (8 per ct.gua.)....100 •••• •
Midi& Great Weatern (Irish) 50 ......

Middlesbro' and Redcar. 6
per cent. guar. ..
Newcastle and Carlisle lOO ......
Ditto Quarter Shares . .... 25 ... ..
Newmarket
Ditto Extension Scrip... 2/. 1,25. — to
Newport Abergy., and Heret. 6
Newry and Enniskillen ...... 7
Newry, Warrenpoint, and
I? ostrevor .......... ........ 20
Norfolk 100
Ditto New 20/. ls'
Ditto Guaranteed 5 per et, 20
Do. Do. 5% per cent
Do. do. Waveney Valley.., 2
Northern Counties Union ... 4
North British ......... . 25 ......
Ditto Half Shares, ..... ..... 1214 — to
Do. Quarters GI.% .•••••
Ditto Thirde'..— 6A..... 314 to
Ditto. Preference ...... 5
gorth Staffordshire... .. ...... 1714
North Wales
North Western
,xford, Worcester, and Wol-
verhampton
Reading,Guildfd., & Reigats 15 _ — ...... to

, _
loyston and Hitchin
;cottish Central!, 25 ... ..
Scottish Midland ... ........ .... 25
Ditto, New...... 22% — to
Shrewsbury and Birrnineiam 12
Ditto, ditto, Class B. 8
Ditto, New Guaranteed 8
Shrewsbury and Hereford .. 4
Shrewsbury and Chester
(Nor. W. :din. )
Ditto Halves. Ditto... 9 ... ..
Ditto, Oswestry lBl/2...... .... to
Ditto c_New)...
Ditto 8 per Cent. Pref....... 10
Shropshire Union 6l/2 .. .. ...... Sto
South Devon
Ditto, Preferencs ....... . ... 25
mouth Staffordshire.... Bl/2 to
South Easton,:
Ditto, No. 2.
Ditto, No. 3.:
Ditto, Registered No. 4.... 10
Ditto, Scrip No. 4..
South Wales
South Yorkshire, Doncaster
and Goole
;heffield, Rotherham, and
Goole (N.D) Gua. 5 perct. 161/2 ...... ...
Do do. (South Div.) 5

Swans. and Loughor and Ca-
meron's Stm. Coal ..... .... . 7
raw Vale Extension .5.... 8 ......
Thames Haven Dock and
Railway
Vale of Neath
Waterford and Kilkenny 2O ......
Waterford and Limerick ... .. 47%•.• ..
Waterford,Wexford,Wieklw,
and Dublin .. 3
Wear Valley 6 per Cent.
Guaranteed ... ...... 50
Do. do. do.
Do. do. do. ......
West Cornwall
iihitehaven and Furness lB ... .. ..... to
Windsor, Staines, and South
Western... ..
Wilts, Som erset,&Weymouth 45
V ork, Newcastle, and Berwick 25
Do. and Newcastle Exten. 20
Do. G. N. E. Pur. or Pref. lii 3 ...... to
Do. Hartlepool Dk. & Rly. 100
York and North Midland .. 50
Ditto, Preference
FOREIGN RAILWAYS.
Anglo Italian (late Italian
and Austrian) 5l/2 .-- to
Boulogne and Amiens 2O .. ... 5% ... .. to
Central of France ( Orleans
and Vierzon) ...
Demerara.
Datch Rhenish 3
Eas:: Indian
Great Indian Peninsular 5 ......
Do. D 0......... ....... ... 103.
Louvain ala Sambre ........ 71/2 ...... to
Luxembourg
Ditto .....
Madrid and Valentia
Namur and Liege 2O ... .. 53/4 7.4 ... to
Northerniof France 14/ Bs.. ... 3% dis... to
Orleans and Bordeaux ...
Paris and Orleans...
Parts and Rouen ..
Paris & Strasbourg ...... ..... 12
Rouen and Havre 20
Sambre and Meuse
Strasburg and Bale ..... ...... 14
Tours & Nantas ... .- .. 13
Tournay, Jurbise, Landen,
and Hasselt
West Flanders B3/ — ........ to
Ditto
JOINT STOCK BANKS.
Australasia
British North American
Colonial - ••. 25 ..... 6IA .
Commercial of London 20 — -
London Joint Stock ..... ..... 10
London and Westminster... 28
National Provincial of Engld. 85
Ditto, New
National of Ireland 22% — ... .. to
Provincial of Ireland
Ditto, New
Union of Australia
Ditto, New ... 2% — to
Union of London ........ ...... 10
Union of Madrid .
MINES.

knglo Mexican lon ......
Asturian
Australian
Barrossa Range 285.....••
Blaenarvon Iron and Coal ... 50
Bolanos Scrin
British Iron
Brazilian Imperirl ..... - ... 241,4...... •• to
Ditto Cocaes and Cuiaba... 39
Ditto St. John Del Rey ... 15
Cobra Copper .. 40
General ... ............... .-.... 29
Real del Mont?. Unregistered .
Do. Black Debentures —
Do. Red Debentures ...
Santiago de Cuba. lO ...... .•• .• to
United Mexican

COURSE OF
Amsterdam ...... •• .. 12 3'
Ditto, at sight • • .... 12 1%
Rotterdam .... • • 12 :”4
kritwerp •••••••• •• • • • . 25 80
ilamburgh ..... • M.B. 13 14 h
Altona —
Paris, 3 days'sight 25 55
Ditto, 3 months .... 25 75
*tfarseilles • . .......... 25 7754
Bourdeanx.... • .... • 2122 77%
Frankfort on Mains.... 14
Petersburgh, SU. Rble.. 30%
Kerlin • • • • •••• .. •• • •
Vienna, effec. 10 58
Trieste, ditto.... • • .... 11 0
Madrid • •
Cadiz •• .• .• •• •• •• •• 49%
.311ba0.. • • • •
Barcelona

BERMON

1849

ILIRDEII.

COURT OF CRIMINAL APPEAL,

EXCHEQUER CHAMBER.
(THIS DAY.)
(Before the LORD CHIEF BARON, Mr. Baron PLATT;
Mr. Baron ROLFE, Lord Chief Justice WILDE,
Mr. Justice COLERIDGE, and Mr. Justice CRESS-
WELL.)
This being the day appointed for arguing the point
reserved on the trial of the Mannings, for the Ber-
mondsey murder, as to whether Mrs. Manning, being
a foreigner and an alien by birth, ought to have been
tried by a jury de medietate lingua, the Exchequer
Chamber, in which the Court of Criminal Appeal
holds its sittings, was crowded to excess long before
ten o'clock, the hour appointed for the hearing. The
audience was chiefly composed of barristers, who oc-
cupied all the available space in the body of the court,
whilst all the approaches and purlieus were equally
thronged by the public, attracted by curiosity, and the
universal interest and notoriety which attach to every
incident connected with this case.
The Attorney-General, Mr. Bodkin, Mr. Clarkson,
and Mr. Clerk appeared for the Crown ; and Mrs.
Manning was represented by Mr. Ballantine, and Mr.
Parry. Mr. Saunders appeared on behalf of the male
prisoner, Manning.
The Judges entered the court shortly after ten
o'clock, and
Mr. BALLANTINE immediately proceeded to open
the question, on the part of the convict Mrs. Manning.
He said this case had been reserved from the last
session of the Central Criminal Court, upon the
question whether the female prisoner was entitled to
a jury de medietate linguae, on her trial for the
murder of Patrick O'Connor. He (Mr. Ballantine)
was instructed on her behalf to support the view of
the case that she was entitled, by our laws, to a jury
composed half of foreigners; and he would call their
Lordships' attention to the different Acts of Parlia-
ment applicable to the question. The claim made by
Mrs. Manning for a jury de medietate linguae was
made under ic.statute of Edward 111. (vide "Bacon's
Abridgment," vol. 4, page 456), in which the right
of aliens to have such a jury was clearly laid down.
That Act of Parliament was again referred to
by the 6th George IV., cap 50, sect. 47,
which is declaratory of the continuance of that
right so far as aliens were concerned ; and he thought
their Lordships would consider that this was a case
of no small importance, when it was remembered that
Mrs. Manning, whose life was involved in the issue,
and who came there to complain of not having had a
fair trial, in not having a trial before such a tribunal
as by law had been the right heretofore of every alien
in this country. He contended that a woman marry-
ing an English subject in this country, married wilt
the presumption that her rights and privileges by law
would be maintained to her, unless notice to the con-
trary were given to her before marriage. And, by a
sort of side provision in one of the statutes to which
he had referred, the jury process and arrangements,
which were considered part of the Constitution of this
country, were supposed to be interfered with, and that
by an Act of Parliament in which the term "jury"
was never mentioned from beginning to end, and by
the passing of which the Legislature could cer-
tainly never have intended to affect the
arrangements of juries in this country. The trial
by jury was so much and so important a part of
the Constitution of this country that any alteration
of it was regarded with the greatest concern and
vigilance by those who are interested in preserving
the liberties of this country. For those reasons he
felt there was cast on him a task of very great impor-
tance, and on their Lordships also lay the necessity
of looking into this matter in the broadest and most
extended view that could be applied, to see what
really was the intention of the Legislature in passing
the statutes relative to aliens. In the statute of
Edward the words used were somewhat peculiar, and
had certainly been considered in different ways by
very considerable authority. It did not use any
expression denoting any distinction between aliens
and denizens; but it used words which would
render its provisions applicable both to aliens and
denizens. Mr. Chitty (vide " Chitty's Criminal
Law," vol. i., page 525) says—" Besides the ordinary
special jury, there is another description of jury,
which aliens and denizens, by the humanity
of our law, are entitled to demand," treating
it as a matter of right that both aliens and
denizens were entitled to be tried by a jury de
medietate lingua. In the subsequent Act the word
" denizens " is not used at all, and therefore that
would probably militate against the proposition he
had to submit to their Lordships; but if their Lord-
ships interpreted the Act of Edward as Mr. Chitty
had done, they would say that every person born
abroad and under foreign allegiance would be entitled
to a jury de medietate linguae, and would be in a po-
sition to demand it as a matter of right. Now,
from the time of the statute of Edward every alien
or foreigner had been in the habit of claiming a jury
de medietate lingua, and the mode in which it was
done was by no means unimportant. In the second
volume of " Hale's Pleas of the Crown," p. 271, it was
said "if a person alleged that he was an alien, he
might challenge the array for that cause ;" but neither
there nor in any of the authorities which he (Mr.
Ballantine) had had the opportunity of looking at, did
any issue seem to have been raised on that sub
ject. The Act of Parliament granted the privilege
to aliens and denizens, and it would; unquestionably
appear that none but aliens and denizens would be
entitled to that privilege; but there was no means
pointed out by that Act of Parliament to settle whe-
ther a person was an alien or a denizen, nor was he
aware of any power in any court to decide that
question. He should say that if a person alleged
himself to be an alien, it seemed to have been the
intention of the Legislature that he should have a
mixed jury, merely on that, his allegation. The
practice before criminal tribunals in this country
always was, that where a prisoner was a foreigner,
the officer of the court asked him whether he
wished to have a foreign jury, and no issue was ever
raised ; but upon that allegation (using the words of
Lord Hale) a jury de medietate lingua was awarded
as a matter of course. Under these circumstances he
submitted that the Attorney-General had no power
whatever on the trial to place this woman upon proof
of her being an alien, and that her allegation of being
an alien was sufficient of itself to entitle her to have Et
mixed jury. Up to the time of the statute of Victoria
such a right would have been allowed to her ; and
now the question was whether that privilege had been
taken away by the statute to which he had just
referred—that was, whether she was entitled to that
privilege, being indicted with another person. The
Attorney-General, to support his view of the case on
that point, had relied on the case of Barr (" Moore's
Reports," p. 557). That case was quoted upon the
trial, and he (Mr. Ballantine) had given it a
great deal of consideration since, and he con-
fessed he was not quite able to understand the
meaning of that case or the application of it, except
generally that under some circumstances or another
a foreigner shall be ousted of a jury de medietate
lingua, but what those circumstances were he con-
fessed it was very difficult to understand. He should
submit that supposing that case to be an authority
for ousting a co-defendant from a jury de medietate
lingua on the ground that he was connected with
other parties, it would be a violation of the statute of
Edward 111., and the subsequent statute of George
111. would be rendered absurd almost, for there
would always be a great number of cases in which,
by a foreigner being indicted with others having a very
trifling share in [the imputed crime, he might be de-
prived of his unquestionable right to have a mixed jury.
According to every principle of law there could be no
difficulty in trying these persons separately, and he
therefore apprehended their Lordships would rule
that
e
this case of Barry was not one in point. He was re-
minded by his Learned Friend that this was a joint
and several indictment, and both parties, or either of
them, might have been found guilty ; and upon consie
deration he was convinced their Lordships would be
of opinion that the case ought not to deprive a de-
fendant of a privilege awarded to him by Act of
Parliament. But the great point in the case would
turn upon the construction to be placed upon the Act
of Parliament quoted by the Learned Attorney-
General on the trial. Did its operation take away
the right to be tried by a jury de medietate lingua?
In deciding that question it would be his duty, in the
first instance, to call their Lordships attention to the
2d and 3d sections of the Act, in addition to the one
by which the disability is supposed to be created.
By the 16th section of the 7th and Bth Vic., chap.
66, it was enacted that a woman married to a
natural born subject, or to a person naturalised,
should herself be deemed and taken to be naturalised,
and entitled to all the rights and privileges of a
natural born subject. It was quite clear, howrever,
that she could not take all the rights and privileges
of a natural born subject, and he would pre ently
show their Lordships why. The 6th section of th,
same Act points out the way in which aliens can
become naturalised. It was by obtaining a certi-
ficate from the Secretary of State, but the statute
provided that no such naturalised subject should be
capable of becoming a Privy Councillor or a Member
of Parliament, while the Secretary of State might
insert in the certificate what other restrictions he
thought proper. Now, it could not be con-
tended that an alien woman being married
to a British born took more privilege than a
naturalized subject. There were certain other
exceptions contemplated by the Act, clearly indi-
cating that a naturalized subject ought to be placed
in a different position to a subject horn within the
realm, and when, therefore, they looked at the

meaning of the Act, the words, "she shall enjoy the
rights and privileges of a natural born subject," must
be taken with considerable limitations. But their
Lordships would perceive that the Act itself dis-
tinctly specified, that a woman married to a British
born subject should be deemed and taken to be
naturalized ; and the position he wished humbly, but
earnestly, to urge upon their Lordships was, that this
woman, by her marriage, acquired certain rights and
privileges awarded to naturalized subjects ; but
did not deprive her of the rights and privi-
leges she was entitled to before the

Act passed. That was the proposition
he wished to place before their Lordships, and upon
looking both at the provisions and the preamble of the

Act it was quite clear that the intention of the Legis-
lature was to confer certain rights and privileges
upon aliens—to enable foreigners at a much smaller
expense than formerly, and in a much more convenient
manner, to become citizens of this country, but not
to deprive them of any of the rights and privileges
which they enjoyed before the parsing of the Act.
If the Legislature had intended to do this, at all events
it would have given a foreign woman coming to Ws
country some warning upon the subject; but he
believed their Lordships would be of opinion that had
the Legislature taken away the privileges which she
already possessed, it would have done it in a
direct manner. Rights and privileges conferred
by an Act of Parliament could only be removed
by a statute ; it could not be done by drawing an in-
ference from a clause in an Act of Parliament passed
for entirely different purposes. He would now, with
their Lordships' permission, direct the attention of the
Court to " Comyn's Digest," vol. 1. title Alien, c.
which states, no alien charged with enormous crimes
or offences, such as murder, are liable to be
punished in the ordinary course of justice, by being
tried under a local statute, and accordingly a foreigner,
who had been indicted under such a statute for

stealing from a shop, was directed to be acquitted of
that offence, and found guilty of larceny only. That -
was the case of Molere.
Mr. Justice CnasswELL—ls not that case men•
tioned with a remark in " Foster."
Mr. BALLANTINE was not aware that it was.

Mr. Justice CRESSWELL—I rather think it is to
be found there with some observation upon the statute.
The ATTORNEY.-GENERAL—Yes, my Lord. I
think the observation is this—" The Learned Judge
showed more humanity than discretion in giving that
direction."

Mr. BALLANTINE continued—Now, the statutes
repealed by this lid are the 12th and 13th Wm.
chap. 2; George 1., section 1, chap. 4; 14th George
111., chap. 84 ; but there was the statute of James 1.,
statute 2, which did not appear to be repealed by this
Act of Parliament, nor wes he aware that it had ever
been repealed at all. By that statute no person cen
be naturalized unless he hrs taken the sacrament
within the previous month, and subscribed to certain
oaths ; and if their Lordships agreed with the dictum
of the other side, that aliens can be naturalized and
oaths got rid of in this wholesale manner,
there would be an end to any necessity
for struggling to do away with certain oaths and
disabilities, which at one time were considered to
be of vast importance for the subjects of this Protes-
tant kingdom. It seemed to him, however, that the
object of this Act only had reference to the rights of
property, and, therefore, he apprehended, upon con-
sidering the whole tenor of the Act, it would be im-
possible for their Lordships to say that it took im.
portant personal rights away. He submitted to their
Lordships that the question involved in this case was
one of great importance, and he certainly did feel some
anxiety as to the result. He trusted that he had placed
before their Lordships sufficient grounds, though not
to have made the crse of disnaturalization, if he
might so use that expression, at least to convince
them that the Attorney-General, on the part of the
Crown, was not justified in depriving this woman of
the important right to be tried by a jury de medie-
tate linguae.
The LORD CHIEF JUSTICE—Does any counsel
appear on behalf of Manning?
Mr. SAUNDERS said he appeared on behalf of

Manning. ..
The ATTORNEY-GENERAL agreed with his Learned
Friend on the other side that the question
in dispute was certainly one of considerable
importance, but he apprehended that Maria Manning,
not being an alien, the trial would have miscarried
had it taken place before a tribunal constituted as his
Learned Friend contended it ought to have been.
Mr. Justice CRESSWELL—AS against her or Man-

_
ning ?
The ATTORNEY-GENERAL Said against her, and be
had authorities to show that she could not waive or
consent to anything.
The LORD CHIEF JUSTlCE—Supposing the point
had been pleaded and not denied ?
The ATTORNEY-GENERAL said, of course, and
that was his answer to his Learned Friend's observa-
tion, that if a party alleges she is an alien, and it is
not denied, it cannot be a mistrial. Besides, there
was an admission on the record, so to speak, that she
was not an alien ; and not having been so stated, in
law and in fact had the court granted her a jury de
medietate lingua, the whole trial would have mis-
carried. He made this observation not for
the purpose of the , argument, but because
several learned persons—or persons who were con-
sidered learned by courtesy—had made observations
and written opinions that this right ought to have
been conceded to the woman as a matter of fairness.
The LORD CHIEF JUSTICE—It would have appeared
by the record not simply that she was admitted to be an
alien, but the matter of fact would have shown that
she could not have been an alien.
The ATTORNEY-GENERAL—Just so. Having dis-
posed of that matter he would now, with their Lord-
ships permission, take the arguments of his Learned
Friend in the form and order that he advanced
them. Although the great point depended upon
the construction of the statute, he would -
take Barr's case in the first instance, because that
was the first point his Learned Friend touched upon-
Well, then, he apprehended their Lordships would
he of opinion, from what he should hereafter state,
that that case was properly decided. It was quite
clear, however, that the Alien Act did not apply tO
this case. It did not contemplate two parties being
indicted for the same offence, one an alien and the
other a denizen, but the case it did contemplate
was where either of the two sides to a case was an '
alien. Whether this case of Barr was a civil action
or a criminal prosecution he could not then say.
Mr. Baron PLATT—Have you caused search to be
made for that information ?
The ATTORNEY GENERAL said he had sent for it,
hut it could not be foul d. It could not be found at
the Rolls' Chapel, but it was just possible it might be
dug up in the Tower.
Mr. Baron PLATT—Because it makes all the
difference whether it was a civil claim or a criminal
prosecution.
The ATTORNEY-GENERAL said, no doubt. Ney'r'
although his Learned Friend had read to their Lord:
ships Barr's case, it was in an abridged form, but be ha'
a fuller report, and by that it appeared that the attor'
ney of the Queen brought Barr and other merchants
into court, of whom some were foreigners and others
English, and it was decided that each of the V°
parties, aliens and denizens, were not entitled to be
tried by separate juries. Had the defendants been
all aliens, then they would have been entitled to a
mixed jury. True, a peer claiming the privilege tc;
be tried by his peers would be allowed, but that thc!,
not stand upon the same principle. The law required_
that all parties should be tried by their peers. A Peer.,
by peers, and a commoner by commoners.; but tii!
case rested upon a different principle, and tne,.
decision on it was perfectly warranted in point 01
law. The statute of Estaples, 27 Edward 3d, chaps
8, statute 2, it is provided that where two parties are
strangers, it shall be tried by strangers, and if ov°
party be denizens or natural born subjects, anf:
the other party aliens, then the issue 511414.
be tried by a jury composed of one bel't
strangers and the other half English. 1
wok no notice of the case of one side being Enrl,so
and foreign, and if their Lordships would look at
French part of the statute they would uei„
the terms " entre " betty een aliens and (lora,
zens," clearly indicating that the decisthe
in Barr's case was correct, and that
.uri
statute did not confer the privilege of a mixed ilia.
where one of two or three defendants was an : A
But the question here was, what is an alien •, is
denizen of this country could be naturalizectoii
France so as to escape his allegiance t°
05,d,
kingdom as some people had suPPieat,
while it was clearly laid down in Bacon's abridg t de,
in the part entitled " Denizens and Aliens," ?lit, as
nizens were those who were made so by Pa-earaed
well as those who were English born. His Lear be
Friend, therefore, misconstrued the statute -ben
supposed that it extended a law de medietate 11 fight
to this case. But, said his Learned Friend, °others
conferred by statute could not be taken away 0t the
wise than by statute. It is clear, however, f.bein•
meaning in the text-books, and the statutes..„`
„Net
selves, that no such right was conferred hero 04950-
of Parliament, unless the parties were aliens; 11,960003
ing over Molere cases, which he had already u_'.,`,-,pofe.
of, he would observe it was. a mistake to T'roriea
that the term de medietate linguW ' getston e
that the jury should be composed of half and
from the district where the prisoner had 'lf,bt be
of half Englishmen. A Frenchman wil tb.°.
tried by six Englishmen and six Russian?, Hoar, ilt,
term used in the statute was " l'estranger. _ lajusio
was all very well to talk about there being n,_° ..t tore
in the Alien Act to trial by jury,re leprieetcso
were many cases were parties weallusien as
of their rights without any
of which slot
the jury, the most familiar illustration
__idea t
_e
the statute of William 111 , which P7'the coo
lla
that ~
simple treason should be tried accordingdw_aid
of common law. his Learned Friend be
be taueo
right conferred by the statute could only