The Sun.
London, England, 1849-07-25 00:00:00

CASE OF CAPTAIN DOUGLAS.--A brief announce-
ment which has been recently going the rounds of the
metropolitan and provincial journals, and which has
been duly published in our own columns, will, no
doubt, have already attracted the public attention and
have recalled to mind the painful circumstances
connected with this monstrous case of injustice.
That announcement was to the effect that the verdict
pronounced on Captain Douglas is about to undergo
revision. How much the demand made by that
gallant and honourable gentleman for a revision of his
sentence is justified, may be seen at once from a fact
which we here, we believe, announce for the first
time—the fact (for such we understand it to be)
that the verdict against Captain Douglas was decided
only by a majority of ONE.

EMIGRATION MAP OF THE WORLD.—An admirable
map, on Mercator's plan, has just been published for
Smith Evans, by B. R. Davies. It fills up a hiatus,
at the existence of which we have long wondered—
pourtraying every portion of the globe belonging to
the British empire—on whose territory the sun lite-
rally never sets. The map is altogether quite in-
valuable.

SHARPE'S CORRESPONDING MAPS. A copious
index to this novel and ingenious atlas has just
appeared ; and completes the very useful labours of
the projector, Mr.• John Sharpe. We congratulate
him on the successful termination of his undertaking.
THE NEW HAND MAP OF IRELAND; SHOWING
THE PROPOSED ROUTE OF HER MAJESTY.—Nothing
could have been more apropos than the issue of this
map by the spirited publisher of the "British Ga-
zetteer." It is admirably got up, cheap in price,
and contains, besides Ireland and the course of her
Majesty's route, an excellent Map of England and
Wales, with all the railways hid down. Tourists,
and all who are interested either in the welfare of
Ireland or in her Majesty's progress, could not do
better than provide themselves with this pleasing
pocket companion.

THE MERCHANT TAILORS' MAGAZINE.

No. I.

Another shilling magazine has sprung into existence
in the form of this amusing little aspirant for public
favour. As an initial number the one just published
in anticipation of the August periodicals is peculiarly
meritorious; and we can augur well for its prosperity
if the subsequent instalments be only proportionately
meritorious. Almost every one of the inaugurative
contributions is characterised by its hilarity, and the
tone throughout is singularly genial and pleasant.

TESTIMONIAL
TO THE HUNGARIAN REFUGEES

THE HUNGARIAN NATION COUNTS ON THE SYMPATHY
OF EVERY NATION 'WHICH LOVES RIGHT AND Ll-
BERTY."—Kossuth's Protest against Russian Interven-
tion.

Subscriptions may be sent to the following bankers:—
Messrs. Coutts and Co.
Messrs. Drummond.
Messrs. Smith, Payne, and Smith ;
or to any one of the members of the committee recently
formed to carry out the Testimonial.

Subscriptions already received ... ,•• ...325 2 1
Mr. G. W. M. Reynolds, of " Reynolds's Miscel-
lany " ..• 1 1 0
Richard Jones o 0 6
An Enemy to Russian Interference .▪
.. 0 1 0
Subscription collected at the meeting on Monday,
at the London Tavern •
.4'20 7 3;
Morris S. Oppenheim, Esq. ... • 05 0
A. H. Kinglake, Esq.
.. 5 0 0
Sergeant Storks ...
... 1 0 0
Thomas Chamberlain ... •
... 0 11 0
Five Gilders, Gray's Inn-road 0 2 6
G. P., Glasgow ...
... 0 5 0
A Few Friends, per W. W. ... .0 10 0
A Needy Loyal Subject ▪
0 1 0
A Few Working Men who Think •.• .. 06 0
J.H. •• ••• ••• •• ••• 03 6
A Few Friends at the Harcourt Arms ... 0 3 6
A Baptist ...
... 0 7 6
A Few Friends at the Craven Arms, Marshal-
street, Golden-square ... 0 14 0
A Few Friends of Hungary and Poland ... 0 5 0
A. Fennell ... 0 2 6
Friends to Hungary, per J. G. (the amount being
co'lected in Is. subscriptions) ... 5 5 0
Friends to Hungary, 3d donation
••• .▪ •.. 0 4 0
Two English Ladies who hate and abhor the
unmanly Austrian flogging, and sympathise
for the cause of the brave Hungarians
R. C. ••• •••
CllO

... 1 1 0
... 1 1 0
... 0 9 6
... 0 5 0
... 0 10 6

Per George Smith ... ...
...
...
Robert Wm. Ellis, Colston, parade, Bristol

Total

£359 4 4}

* Here, at any rate, is the latest, and not the least striking
illustration of the Widow's Mite.

Mislaid for a day or two, in consequence of the number of
communication 3.
'','All further Post-office orders to be made payable to Murdo
Young, Esq., at the Money Order Office, Strand.

ARRIVAL OP THE 70TII REGIMENT IN. INDIA.—The
following ships, with portions of the 7C)th Regiment on
board, arrived at Calcutta:—The Dudbrook, May 12;
Lord Dalhousie, May 16; City of Poonall. May 17;
boubandur, May 22; Cotfied, May 14.

mentary jurisdiction has been argued in our English
courts of law from the earliest times, and our Eng-
lish judges have never refused to take the subject into
their most serious consideration. In BONHAM'S case
(8 Report, p. 118) Sir EDWARD COKE and the entire
_ _

Court of Queen's Bench decided " that a statute may
be utterly void ;" and Chief Justice HOLT, and the
then judges, subsequently declared (City of London

_ .
v. Wood, Mod. 687) the decision in Bomiem's case
to be perfectly sound and unquestionable. In the
case of DAY v. S AVADGE (Hobart, p. 87) the
same principle was laid down in the most
positive manner, and up to this hour the question of
the extent of Parliamentary jurisdiction remains one
of the open questions which occupy the minds of
jurists, and which all courts are bound to consider, if
brought properly before them.
But the judges of the Common Pleas in Ireland
not only refused to listen to any argument on the
subject that had been so frequently argued in the
English courts, but they would not even allow a
pleading which mentioned it to remain upon their
file. The manner in which they received the case,
and the mode in which they disposed of it, may be
judged of by the following extract from the authenti-
I cated report of the case :
" Mr. Ellis—Why should this case be treated differ-
ently from ordinary arguments? Surely it is to be
governed by other cases previously decided; and in the
case of ' Marryat v. Wilson,' a right granted by treaty
I was taken away by statute; yet the twelve judges of
i England set up the right granted by treaty, notwith-
I standing the statute. They thus decided that a statute
Iwas inoperative to destroy a right secured by treaty. A
I similar rule was made in the case of ,',Sutton v.
Sutton.' If Ibe allowed to do so, I am prepared to
establish every legal proposition in my plea by autho-
rities of the highest and most unquestioned character.
Lord Mansfield
" Mr. Justice Ball—But we are not Lord Mansfield.
Go and argue the case before Lord Man.tfield, if you can
find him."

If Judges thus assume the power to forbid, upon
their own motion, any defence which they may be
indisposed to
by takeso doingin thisto
preventm a uner
thea pleading
p o s s ib 1
1 off their -
lity of an appeal, there is an end to all safety for life
to
files, hear,a nc
lor property. This mode of dealing with a defence
Iproperly pleaded has never yet been attempted in
this country, and we hope that it never will. But to
protect the rights of English suitors it is necessary
to notice this proceeding on the part of the Court of
Common Pleas in Ireland, which, if generally fol-
lowed, would render each court an absolute and irre-
sponsible tribunal, whose decisions would be final and
conclusive, and from which there could be no appeal.
Mr. HERCULES ELLIS, the counsel for the plaintiff
in this case, subsequently petitioned the House of
Commons for a restoration of his professional privi-

lege to defend his client and support his plea by ar-
gument in open court. The Petition Committee,
however, for reasons best known to themselves, did
not deem this petition worthy of being printed. It
was last week moved by the Honourable Member for
Youghal that the petition of Mr. ELLIS should be
printed. The motion was, however, opposed by
Ministers, and negatived. The constitutional right
of a British subject to lay his grievances, in decorous
and respectful language, before the representatives of
the people has thus been infringed upon.
'e shall not offer any further comment on the
proceeding of the Judges of the Irish Court than
that it appears to constitute a most dangerous prece-
dent, which should be earnestly protested against, in
the strongest terms ; but with respect to the subject
matter of the plea, which asserts the illegality of un-
equal taxation, and alleges that principle to be sus-
tained by fundamental law, which we have so often
declared to be called for by equity and common
sense, it is worthy of the most serious and attentive
consideration.